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84-1553 WMITE - C�TV CLERK PINK - FINANCE � CANARY - DEPARTMENT GITY OF SAINT PAITL COUIICI �� BLUE - MAVOR File NO. �� Co�ncil Resolution � Presented By Referred To � � ��(!�C-�� Committee: Date � �r 3�� Out of Committee By Date RE50LVED, that the Council of the City of Saint Paul approves and ratifies the attached Contracts between the Independent School District No. 625 and the following Bargaining Units: ' Twin City Carpenters District Council Electricians Local 110 Bricklayers Local No. 1 Roofers Local No. 96 Sh�et Metal Workers Local 10 Approved: �� Chair, Civil ervice Comanission COU[VCILMEfV Requested by Department of: Yeas Na s � .��y,�� Drew [n Favor Masanz � Nicosia ,�l Scheibel V __ Against BY Tedesco 1lfilso�r NOV 15 198�4 Form proved b Ci to ejr Adopted by Council: Date Certified Pas e y ouncil Se tar BY By � Approved i�lavor. D e ``— `S��NOV � 5 1 p�Approved by Mayor issi to Council g �1.J.l►-c�M-� g , PUBLISHED NOV 2 4198� �e;•.�� )�—.-�....�.t.•',\ \. OJ:J�.,4iJ1�J �1,� II,J.�l�� `/4ril�Y �• � • . '�j� i'��:w�:.'.� '1 }��J�� Vo�J�c,,�r�. . �j'/ � �=ti S.�•.�ii:',�.,ti;l l;��J � . �� Q 7�`�Jl�� :�,�� "' .' �� D O t� ; November 8, 1984 '•�� ,��i�/ . J' . �� l'' . � ... �: �_7•�'�""' _ C 0 f1� �Ji i��' � � 4� E P O ��' TO = �r�tn� ��t� t Ci 'r�j Co��i� _ - �R � � = C O TY1�1��'�'�4 �p-; FINANCE; MANAGEMENT F, PERSONNEL � _ � . - '. C N A I R James Scheibel • - _ . �S � ' • ' • � .� • CObLMITT'EE-OF-THE-WHOLE-MEETING � . � -- .. - Ordinan�Chapters 3, 9, and 12 of the City Charter nertainiag io personnel � ' • • ' . reform. . - . � � . � s • s�,. s : �, . • _ ; . . , . , . � . � - l. Approval of minutes from meeting held November I, 1984_ • . - � : � , � 2. ResolutioA app�oving labor contracts beLween�TSD �625 and T•+in Gity Carpenters . _ � District Council; Electricians Local �110, Bricklayers Local � - ' � - - . - . . i _ . Local Nn. 96, and Sheet bfeta2 Workers Local ►120. (Personne?) �� . _ - • �- - • 3. -=Resolution authorizing execution of an agreement with IS� °6''S wnereby the • � �. � � District will contribute in part and receive the benefits o° ��e City's rnntract � . - ;� _ with Hallcrest-Craver Associates; I.c,,�onc�rning the class=�icatio� .nd _ . • ':� ' compensation study. (Personnel) . RD1T . - ' � _ -? � � 4. Resolution authorizing execution of an agreement with ISD =`525,whereby the City � �.' ' _ N�21 provide police services in assisting the District in its ele:�zztary school _ • , police patrol program. (?olice Dept.) � ' _ " S. Resolution authorizing execution of a Ftutual Aid Agreem:r.t ui*h the t•S�tropoIitan �p V � . Airports Commi.ssion for tha.sharing of police forces during e;tergencies. (Po�ice Dept.) . 6. Resolvti0n amending the �,984 budget by adding $4,120 to L�e ==nancing '2an : ' Spending 81an �or Parks $ Recreation - Forestry. (Comm.e�r.i=}• S�rvices) ! � p :�' . 7. Resolution arending the 1984 budget by adding $29,183 to the �inancin� ?lan and �,� � Spendino Plan for Parks $ Recreation - Comm. Services b!ain�enance. (Coa�n. Services�� 8. Resolution authorizing Yhe execution of the annual Oper tir.o Agreenent uith ISD d,� � I►625 whereby the City furnishes various services to said 9?str=ct. (Fin utce Dept.�.��. . c.. . ' 9. Resolution amending the 1984 budget by adding $2,880 to t�e Firancin� Pla . � Spending Plan for Public Works - Oifice Equipment. (Pub?i.c �tior:s.1 . � _ 10. Resolution aiaending the 1984 budget by adding $7,500 to the Financing ?lzn ar.d • Spending Plan for PED Qperati - Economics of Amenity-Fee to Par:n�rs for Livable Places. (PED) � - . 11_ Resolution authorizing the trans;er of $45,000 to assist the Refv�z � � . : program with its financial difficulties. (Health Degt.) _�� . - • �p 3 � 12. Resolution establishing advertising space on parking meters. (Treas�ry 9ivision� " 1 . NOT� ON PREPARED. AGENDq: Resolution increasing the NPP loan and accepting grant funds to create 30 cooperative artist - � studio-living units in Lowertown. �.�� CITY HALL • SEVEN7'H FLOOR SAINT P�tUL, Tl1ti:�ESOTA 55103 ' �,.�, - - -----_._.. _---.--�,--.-.�-._._..__.__.�..�.._. __._ .. .�_ _...�_-•-�--• - �--. .. - - - � - '�7 Fersonnel Office _ DEPARTI�IENT ,,�a„ s�hA„i A CONTACT � �y /� � 298-4221 PHONE -�-��- reen ee october 18, 1984 DATE (Routing and Explanation Sheet) Assign Number for Routing Order (Clip All Locations for M�yoral Signature): 1 Department Director City Attorney Director of Management/Ma�yor � Finance and Management Services Director a ° � � — n1 City Clerk � � (� . o `� i� Budget Di�^ector ,, q � � � d What Will be Achieved by Taking Action on the Attached Materials? (Purpose/Rationale): TY�.s resolution approves the contracts between the ISD No. 625 and the following Bargaining Units: Twin City Carpenters District Council Electricians Local 110 Bricklayers Local No. 1 Roofers Local No. 96 Sheet Metal Workers Local 10 Attached are the School District's information sheet on each contract. l �inancial , Budgetary and Personnel Impacts Anticipated: None. The contracts apply only to the School District. Fundin9 Source and Fund Activity Number Char d or Credited: Attachments (List and Number all Attachments): 1. Resolution 2. Copy for City Clerk 3. Contracts DEPARTMENT REYIEW CITY ATTORNEY REVIEW Yes No Council Resolution Re uired? Resolution uired? � Yes No 4 Req Yes No Insurance Required? Insurance Sufficient? Yes No �� Yes No Insurance Attached? Revision of October, 1982 (�PP RPVP1"CP S1(�P fAf Instructi ons) ��= �� BOARD MEETING AGENDA REQUEST All requests must be in the office of the Deputy Superintendent one week in advonce of the or meeting or w ic t e item is inten e . A in ormation requeste in t e spaces e ow ia to e provi . Foi ure to p�ovi e comp ete information will result in the item being re- himed to the administrator moking the request and that person will be responsible for any delay that resulh. Infarmation needed for the Board meeting should be sent with the agenda request. Twenty-five copies of the matericl should be sent to the office of the Deputy Super- intendent at e time t e request is su mifite . Kenneth A. Berg � Deputy Superintendent New employment agreement with Boord Meeting Date , 1984 f�genda Item Twin City Carpenters District ouncil Requested by Pnyllis E. Bvers �Cpartment Negotiations Resolution; Yes � No Attorney's Approval r�.7 .; Budget fio be charged Budget Admi�istrotor Expended fo date $ Totol budgeted � Encumbered to date � Balance in budget $ Informction on tfie Ifem - �ve eta� e in rmation on the item. Information should include where the program is to operate, source of the fvnds, length of time or date. If mo�e spece is needed, use the other side of this sheet. Ciianges are as follows: OVERTII4E: The OVERTIME article has been changed to provide that tine-and-one-half for overtime hours will be paid in casii or in compensatory time, at the employer's option. SEVERANCE PAY: Tne WAGES article is amended to include new language on severance pay provisions with a maximum payment of $6,500. WAGES, FRIVGE BENEFITS: The total package increase of 25C in each year is distributed between wages and fringe benefits. Specific hourly rates for 1985 will be determined when the cost of benefits is calculated at tnat time and the total package will be distributed accordingly. The District has ten employees in this bargaining unit. _ , - �� .. _ �� . - . $ignature of administrato� submitting requesf'.,.�/�--,�� Date . : . v � ��- is�� • I N D E X ARTICLE TITLE PAGE Preamble iii I Purpose 1 ' II Recognition 1 III Employer Rights 1 IV Union Rights 2 V Scope of the Agreement 2 VI Probationary Periods 3 VII Philosophy of Employment and Compensation 3 • VIII Hours of Work 4 IX Overtime 5 X Call Back � 5 XI Work Location 6 XII Wages 7 XIII Fringe Benefits 10 XIV Selection of Foreman and General Foreman 10 XV Holidays 10 XVI Disciplinary Procedures 11 • XVII Absences from Work 11 XVIII Seniority 12 XIX Jurisdiction 13 XX Separation 13 XXI Tools 13 XXII Grievance Procedure 14 XXIII Right of Subcontract 17 • XRIV Non-discrimination 17 XXV Severability 17 XXVI Waiver 18 XXVII Mileage-Independent School District No. 625 18 , � XXVIII Duration and Pledge 19 Appendix A A1 ' Appendix B B1 Appendix C C1-2 Appendix D D1 • . - ii - P R E A M B L E • This AGREEMENT is entered into between Independent School District No. 625, hereinafter referred to as the EMPLOYER, and the United Brotherhood of Carpenters and Joiners of America, Twin City Carpenters District Council, hereinafter referred to as the UNION. The EMPLOYER and the UNION concur that this AGREEMENT has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. The EMPLOYER and the UNION both realize that this goal depends not only on the words in the AGREEMENT but rather primarily on attitudes ' between people at all levels of responsibility. Constructive attitudes of the EMPLOYER, the UNION, and� the individual employees will best serve the needs of the general public. � • � - iii - (� �'�-is.�3 ARTICLE I - PURPOSE • 1. 1 The EMPLOYER and the UNION agree that the purpose for entering into this AGREEMENT is to: 1. 11 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; 1.12 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the EMPLOYER and the UNION; 1. 13 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this AGREEMENT without ' loss of manpower productivity. 1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a � supplement to legislation that creates and directs the EMPLOYER. If any part of this AGREEMENT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (SEVERABILITY) . ARTICLE II - RECOGNITION • 2. 1 The EMPLOYER recognizes the UNION as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisional, temporary, and emergency e employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-478-A dated April 16, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. ' ARTICLE III - EMPLOYER RIGHTS � 3. 1 The EMPLOYER retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 3.2 Any "term or condition of employment" not established by this AGREEMENT shall remain with the EMPLOYER to eliminate, modify or • establish following written notification to the UNION. - 1 - ARTICLE IV - UNION RIGHTS 4.1 The II�LOYER shall deduct from the wages of employees who authorize • such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies deducted shall be remitted as directed by the UNION. 4.11 The II�IPLOYER shall not deduct dues from the wages of employees covered by this AGREEMENT for any other labor organization. 4.12 The UNION shall indemnify and save harmless the EMPLOYER from any and all claims or charges made against the EMPLOYER as a result of the implementation of this ARTICLE. 4.2 The UNION ma.y designate one (1) employee from the bargaining unit to act as a Steward and shall inform the EMPLOYER in writing of such designation. Such employee shall have the rights and responsibilities � as designated in Article 22 (GRIEVANCE PROCEDURE) . 4.3 Upon notification to a designated EMPLOYER supervisor, the Business Manager of the UNION or his designated representative shall be permitted to enter the facilities of the EMPLOYER where employees covered by this AGREEMENT are working. ARTICLE V - SCOPE OF THE AGREEMENT 5.1 This AGREEMENT establishes the "terms and conditions of employment" • defined by M. S. 179.63, Subdivision 18, for all employees exclusively represented by the UNION. This AGREEMENT shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. • - 2 - �P�is�� ARTICLE VI - PROBATIONARY PERIODS • 6. 1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) months' probationary period during which time the employee`s fitness and ability to perfoim the class of positions' duties and responsibilities shall be evaluated. 6. 11 At any time during the probationary period an employee may be terminated at the discretion of the EMPLOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE) . 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the UNION. ' 6.2 All personnel promoted to a higher class of positions shall serve a six (6) months' promotional probationary period during which time the employee's fitness and ability to perform the class of positions' � duties and responsibilities shall be evaluated. 6.21 At any time during the promotional probationary period an employee may be demoted to the employee's previously-held class of positions at the discretion of the EMPLOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE) . 6.22 An employee demoted during the promotional probationary period • shall be returned to the employee's previously-held class of positions and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the UNION. ARTICLE VII - PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The EMPLOYER and the UNION are in full agreement that the philosophy of employment and compensation shall be a "cash" hourly wage and "industry" fringe benefit system. 7.2 The EMPLOYER shall compensate employees for all hours worked at the ' basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (WAGES) and 13 (FRINGE BENEFITS) . ' 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this AGREEMENT; except those employees who have individually optioned to be "grandfathered" as provided by 12.2. • - 3 - ARTICLE VIII - HOURS OF WORK 8. 1 The normal work day shall be eight (8) consecutive hours per day, • excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 8.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER'S judgment to establish second and third shifts or a work week of other than Monday through Friday, the UNION agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. � 8.5 All employees shall be at the location designated by their supervisor, , ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.6 All employees are subject to call-back by the II�LOYER as provided by Article 10 (CALL BACK). � 8.7 Employees reporting for work at the established starting time and for • whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. • - 4 - (��/-/S5"3 ARTICLE IX - OVERTIME • 9.1 All overtime compensated for by the EMPLOYER must receive prior � authorization from a designated EMPLOYER supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 9.2 The overtime rate of one and one-half (1�) the basic hourly rate shall be paid for work performed under the following circumstances: 9.21 Time worked in excess of eight (8) hours in any one normal work day, and 9.22 Time worked in excess of forty (40) hours in any seven (7) day period. • 9.3 For the purposes of calculating overtime compensation, overtime hours worked shall not be "pyramided", compounded or paid twice for the same ' hours worked. 9.4 Overtime hours worked as provided by this ARTICLE shall be paid in cash or in compensatory time. The method of payment shall be determined solely by the EMPLOYER. ARTICLE X - CALL BACK • 10. 1 The ENIPLOYER retains the right to call back employees before an employee has started a normal work day or norma.l work week and after an employee has completed a normal work day or normal work week. 10.2 Employees called back shall receive a minimum of four (4) hours' pay at the basic hourly rate. 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9 (OVERTIME) , when applicable, and sub�ect to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME) . • - 5 - ARTICLE XI - WORK LOCATION 11.1 Employees shall report to work location as assigned by a designated . II�LOYER supervisor. During the normal work day, employees may be assigned to other work locations at the discretion of the EMPLOYER. 11.2 Employees assigned to work locations during the normal work day, other than their original assignment, and who are required to furnish their own transportation, shall be compensated for mileage. � • - 6 - ��3 ARTICLE XII - WAGES , 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Employees who are covered by the fringe benefits listed below shall continue to be covered by such benefits. They shall be subject to all . other provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.21 Insurance benefits as established by City of Saint Paul Resolutions including life, hospital, and health insurance for early retirees who have retired since May 15, 1978. In order to be eligible for the health benefits under the early retiree provision, the employee must: 12.21. 1 Be receiving benefits from a public employee retirement act at the time of retirement. 12.21.2 Have severed his relationship with the City of Saint Paul and/or Independent School District No. 625 under one of the early retiree plans. 12.21.3 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early� retirement date that he or she wishes to be eligible • for early retiree insurance benefits. 12.22 Sick leave as established by Resolution No. 3250, Section 20. 12.23 Vacation as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 12.24 Nine (9) legal holidays as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision I. 12.25 Severance benefits as established by the School District's Severance Pay Plan with a maximum payment of $4,000. or as established by Section 12.26 of this Article. 12.26 Severance Pay: Provisions effective May 1, 1984. The Employer shall provide a severance pay program as set forth in this ' Section: 12.26. 1 To be eligible for the severance pay program, an employee must meet the following requirements: 12.26. 11 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" or the "rule of 85" provisions of the Public Employees Retirement Associa- • tion (PERA). The "rule of 90" criteria shall also apply to employees covered by a public pension plan other than PERA. - 7 - Article XII Wages (continued) 12.26. 12 The employee must be voluntarily separated • from School District employment or have been subject to separation by layoff or compulsory retirement. Those employees who are dis- charged for cause, misconduct, inefficiency, incompetency or any other disciplinary reason are not eligible for this severance pay program. 12.26.13 The employee must have at least ten (10) years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of . this Article, employment in either the City of Saint Paul or in Independent School District No. 625 may be used in meeting this ten- (10) year service requirement. . 12.26. 14 The employee must file a waiver of re- employment with the Director of Personnel, which will clearly indicate that by request- ing severance pay, the employee waives all claims to reinstatement or re-employment (of any type) with the City of Saint Paul or with Independent School District No. 625. 12.26.15 The employee must have accumulated a minimum • of sixty (60) days of sick leave credits at the time of his separation from service. 12.26.2 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 12.26.3 The maximum amount of money that any employee may � obtain through this severance pay program is $6,500. 12.26.4 For the purpose of this severance pay program, a death � of an employee shall be considered as separation of employment and, if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 12.26.5 For the purpose of this severance pay program, a trans- fer from Independent School District No. 625 employment to City of Saint Paul employment is not considered a • separation of employment, and such transferee shall not be eligible for this severance program, - 8 - ��y iss3 Article %II - Wages (continued) 12.26.6 The manner of payment of such severance pay shall be � made in accordance with the provisions of the School District Severance Pay Plan already in existence. 12.26.7 This severance pay program shall be subject to and gov- erned by t�e provisions of the original School District Severance Pay Plan (which allows $4,000 maximum payment) except in those cases where the specific provisions of this section conflict with said Severance Pay Plan and in such cases, the provisions of this section shall control. 12.26.8 Any employee hired prior to February 15, 1974 may, in any event, and upon meeting the qualifications of this section or the original School District Basic Severance Pay Plan (which allows $4,000 maximum payment) , draw severance pay. However, an election by the employee to draw severance pay under either this section or the � basic School District Severance Pay Plan shall constitute a bar to receiving severance pay from the other. 12.26.9 An employee of Independent School District No. 625 shall not be eligible for the severance pay provision of this section if such employee is also eligible and a recipient of Early Retirement Incentive payment under • the Memorandum of Agreement with the exclusive repre- sentative dated October 18, 1983. � 12.3 Regular employees not covered by the fringe benefits listed in Article 12.2 shall be considered, for the purposes of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.4 Provisional, temporary, and emergency employees shall be considered, for the purposes of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12. 1 (WAGES) and have fringe � benefit contributions and/or deductions made in their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.5 All regular employees employed after February 15, 1974, shall be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . � - 9 - ARTICLE XIII - FRINGE BENEFITS 13.1 The EMPLOYER shall make contributions on behalf of and/or make � deductions from the wages of employees covered by this AGREEMENT in accordance with Appendix D for all hours worked. ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN 14. 1 The selection of personnel for the class of position Carpenter Foreman shall remain solely with the EMPLOYER. 14.2 The class of position Carpenter Foreman shall be filled by employees of the bargaining unit on a "temporary assignment". 14.3 All "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day. ARTICLE XV - HOLIDAYS 15. 1 The following nine (9) days shall be designated as holidays: New Year's Day, January 1 Presidents' Day, Third Monday in February • Memorial Day, Last Monday in May Independence Day, July 4 Labor Day, First Monday in September Columbus Day, Second Monday in October Veterans' Day, November 11 Thanksgiving Day, Fourth Thursday in November Christmas Day, December 25. 15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The nine (9) holidays shall be considered non-work days. 15.4 If, in the judgment of the EMPLOYER, personnel are necessary for ' operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 10 (CALL BACK) . 15.5 Employees working on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 15.6 In the case of Board of Education employees, if Presidents' Day, Columbus Day or Veterans' Day falls on a day when school is in session, the employees shall work that day at straight time and � another day shall be designated as the holiday. This designated holiday shall be a day on which school is not in session and shall be determined by agreement between the employee and his supervisor. - 10 - ��s�3 ARTICLE XVI - DISCIPLINARY PROCEDURES � 16.1 The EMPLOYER shall have the right to impose disciplinary actions on employees for just cause. 16.2 Disciplinary actions by the EMPLOYER shall include only the following ' actions: 16.21 Oral reprimand; 16.22 Written reprima.nd; 16.23 Suspension; 16.24 Demotion; 16.25 Discharge. 16.3 Employees who are suspended, demoted or discharged shall have the right to request that such actions be reviewed by the Civil Service � Commission or a designated Board of Review. The Civil Service Commission or a designated Board of Review shall be the sole and exclusive means of reviewing a suspension, demotion or discharge. No appeal of a suspension, demotion or discharge shall be considered a "grievance" for the purpose of processing through the provisions of Article 22 (GRIEVANCE PROCEDURE) . ARTICLE X�III - ABSENCES FROM WORK • 17. 1 Employees who are unable to report for their norma.l work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of each work day. 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (DISCIPLINARY PROCEDURES) . 17.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a "quit" by the EMPLOYER on the part of the employee. • - 11 - ARTICLE XVIII - SENIORITY 18.1 Seniority, for the purposes of this AGREEMENT, shall be defined as � follows: 18.11 "Master Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the last date of employment in any and all class titles covered by this AGREEMENT. 18. 12 "Class Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the date an employee was first appointed to a class title covered by this AGREEMENT. 18.2 Seniority shall not accumulate during an unpaid leave of absence, , except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the . unclassified service of the ENIPLOYER or to an elected or appointed full-time position with the UNION. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the EMPLOYER that it is necessary to reduce the work force, employees will be laid off by class title � within each department based on inverse length of "Class Seniority". 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", subject to the approval of the EMPLOYER. • - 12 - l��+�-�s�-.� ARTICLE XIX - JURISDICTION �" 19. 1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of the EMPLOYER. 19.2 The EMPLOYER agrees to be guided in the assignment of work juris- diction by any mutual agreements between the unions involved. 19.3 In the event of a dispute concerning the performance of assignment of work, the unions involved and the EMPLOYER shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the EI�LOYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict the EMPLOYER'S basic right to assign work. 19.4 Any employee refusing to perform work assigned by the EMPLOYER and as clarified by Sections 19.2 and 19.3 above shall be subject to discipli- � nary action as provided in Article 16 (DISCIPLINARY PROCEDURES) . 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE XX - SEPARATION • 20. 1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 20. 11 Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.12 Discharge. As provided in Article 16. 20. 13 Failure to Report for Duty. As provided in Article 17. 20.2 Employees having an emergency, temporary or provisional employment status may be terminated at the discretion of the EMPLOYER before the � completion of a normal work day. ARTICLE XXI - TOOLS 21. 1 All employees shall personally provide themselves with the tools of • the trade as listed in Appendix B. - 13 - ARTICLE XXII - GRIEVANCE PROCEDURE 22.1 The EMPLOYER shall recognize Stewards selected in accordance with � UNION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the names of the Stewards and of their successors when so named. 22.2 It is recognized and accepted by the EMPLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EMPLOYER. 22.3 The procedure established by this Article shall be the sole and • exclusive procedure, except for the appeal of disciplinary action as provided by 16.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. 22.4 Grievances shall be resolved in conformance with the following procedure: � Step 1. Upon the occurrence of an alleged violation of this • AGREEMENT, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. SteP 2. Within seven (7) calendar days after receiving the written _ grievance, a designated Employer Supervisor shall meet with the UNION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UNION within three (3) calendar days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt • of the EMPLOYER'S answer shall be considered waived. - 14 - ��ss3 Article XXII - Grievance Procedure (continued) � Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated EMPLOYER supervisor shall meet with the UNION Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the EMPLOYER shall reply in writing to the UNION stating the EMPLOYER'S answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. Step 4. If the grievance remains unresolved, the UNION ma.y within • seven (7) calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings � shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven- (7) day period, either party may request the Public Employment Relations Board to submit a panel of five (5) arbitrators. Both the ENIPLUYER and the UNION shall have the right to strike two (2) names from the panel. The UNION � shall strike the first (lst) name; the II�IPLOYER shall then strike one (1) name. The process will be repeated and the rema.ining person shall be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) • days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation ' or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UNION, and the employees. . - 15 - Article XXII - Grievance Procedure (continued) 22.6 The fees and expenses for the arbitrator's services and proceedings � shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, . providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the II�IPLOYER and the UNION. � - 16 - • ��s�3 ARTICLE XXIII - RIGHT OF SUBCONTRACT � 23.1 The EMPLOYER may, at any time during the duration of this AGREEMENT, contract out work done by the employees covered by this AGREEMENT. In the event that such contracting would result in a reduction of the work force covered by this AGREEMENT, the EMPLOYER shall give the UNION a ninety (90) calendar day notice of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by this AGREEMENT shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE XXIV - NON-DISCRIMINATION 24.1 The terms and conditions of this AGREEMENT will be applied to employees equally without regard to or discrimination for or against, any individual because of race, color, creed, sex, age or because of membership or non-membership in the UNION. 24.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve • other employees and the general public. ARTICLE XXV — SEVERABILITY 25. 1 In the event that any provision(s) of this AGREEMENT is declared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. � 25.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the AGREEMENT in compliance with the legislative, administrative or judicial determination. � - 17 - ARTICLE XXVI - WAIVER 26.1 The EMPLOYER and the iINION acknowledge that during the meeting and � negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and und.erstandings reached by the parties after the exercise of this right are fully and completely set forth in this AGREEMENT. 26.2 Therefore, the EMPLOYER and the UNION for the duration of this AGREEMENT agree that the other party shall not be obligated to meet and negotiate over any term or condition of employment whether specifically covered or not specifically covered by this AGREEMENT. The UNION and EMPLOYER may, however, mutually agree to modify any provision of this AGREEMENT. 26.3 Any and all prior ordinances, agreements, resolutions, practices, � policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this . AGREEMENT, are hereby superseded. ARTICLE XXVII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625 27.1 Employees of the School District under policy adopted by the Board of • Education may be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, employees must receive authorization from the District Mileage Committee utilizing the following plan: PLAN "A", effective with the adoption of this Agreement, is reimbursed at the rate of 23C per mile. In addition, a ma.ximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount can be the experience of another working in the same or similar position. ' Under this plan, it is necessary for the employee to keep a record of each trip made. � PLAN "C" provides for reimbursement based on a per month "lump sum" amount. This amount is determined by the employee's driving experience under Plan "A" for a period of 3 to 6 months. Those employees receiving an auto allowance under this plan must report monthly the number of days the car was available during the month. A deduction must be made from the lump sum amount for each day the employee is on vacation. A deduction need not be . made for an occasional day of illness or for a holiday. - 18 - l�,/��/"/S.� ARTICLE XXVIII - DURATION AND PLEDGE � 28.1 This AGREII�IENT shall become effective as of the date of signing, except as specifically provided otherwise in Articles 12 and 13, a.nd shall remain in effect through the 30th day of April, 1986, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 28.2. 28.2 If either party desires to terminate or modify this AGREEMENT effective as of the date of expiration, the party wishing to modify or terminate the AGREEMENT shall give written notice to the other party, not more than ainety (90) ar less than sixty (60) calendar days prior to the expiration date, provided that the AGREEMENT may only be so terminated or modified effective as of the expiration date. 28.3 In consideration of the terms and conditions of employment established . by this AGREII�TT and the recognition that the GRIEVANCE PROCIDURE • herein established is the means by which grievances concerning its application or interpretation maq be peacefully resolved, the parties • hereby pledge that during the term of the AGREEMENT: _ 28.31 The UNION and the employees will not engage in, instigate or condone any concerted action ia which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work or absent themselves in whole or part from the full, faithful performance of their duties of employment. ,-� 28.32 The II�LOYER will not engage in, iastigate or condone any �,,� lockout of employees. 28.33 This constitutes a tentative AGREEMENT between the parties which will be reco�ended by the School Board Negotiator, but is subject to the approval of the School Board, the Administration of the City, and is also subject to ratification by the UNION. AGREID to this /�-� day of , 1984, and attested to as the full and complete understanding of�rties for the period of time herein specified by the signature of the following representatives for the II�LOYER and the UNION: WITNESSES: INDEPENDENT SCHOOL DISTRICT N0. 625 TWIN CITY CARPENTERS' DISTRICT COUNCIL OF UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA � � . .�� :ei1�'r�'y Scho 1 Board Negotiat r s ss Manager _ ,� , �r �j �') %�� Chairman, Board of Education - 19 - G��fy is.�3 APPENDIX A � The classes of positions recognized by the EMPLOYER as being exclusively represented by the UNION are as follows: Carpenter Carpenter-Foreman Apprentice Building Inspector Senior Building Inspector and other classes of positions that may be established by the EMPLOYER ' where the duties and responsibilities assigned come within the jurisdiction of the UNION. � • s - A1 - �IF��s� APPENDIX C i The basic hourly wage rate for provisional, regular, and probationary �� employees appointed to the following classes of positions and not receiving the Fringe Benefits listed in Article 12.2 shall be: Effective Effective 5-01-84 5-01-85 Carpenter. . . . . . . . . . . $16.21* $16.21* Carpenter Foreman. . . . . . . 17.32* 17.32* Building Inspector lst Step 16.21* 16.21* 2nd Step 17.32* 17.32* � 3rd Step 17.72* Senior Building Inspector. . . 18.94* The basic hourly wage rate for temporary and emergency employees appointed to the following class of positions shall be: Effective Effective 5-01-84 5-01-85 Carpenter, . . . . . . . . . . $16.86* $16.86* • Carpenter Foreman. . . . . . . 18.01* 18.01* Building Inspector lst Step 16.86* 16.86* 2nd Step � 18.01* 18.01* 3rd Step 18.43* Senior Building Inspector. . . 19.70* The basic hourly wage rate for regular employees appointed to the following class of positions who are receiving the fringe benefits listed in Article 12.2 shall be: Effective Effective 5-01-84 S-01-85 Carpenter. . . . . . . . . . . $15.24 *** Carpenter Foreman. . . . . . . 16. 17 *** Building Inspector lst Step 15.24 *** 2nd Step 16. 17 *** 3rd Step 17.43 *** � Senior Building Inspector. . . 18.60 - C1 - *This rate includes the taxable vacation contribution of $1.00. Appendix C (continued) *** The May 1, 1985 hourly wage rates in this contract will be the rates � as shown below less the cost of sick leave usage for 1984 and less the cost of health and life insurance for the period May, 1984 through April, 1985 and vacation for 1985 incurred by the employer for employees in this bargaining unit: Carpenter $19.98 Carpenter Foreman 21.13 Building Inspector lst Step 19.98 2nd Step 21.13 Building Inspector Average of the total package rates . 3rd Step used by the City for Carpenter Foreman, . Electrician Foreman, Sheet Metal Worker Foreman, Plumber Foreman, and Plasterer Foreman. Senior Building Inspector Average of the total package rates used by the City for Senior Plumbing Inspector, . Senior Electrical Inspector, Senior Mechanical Inspector, and Senior Building Inspector. Al1 Building Inspectors shall be paid the appropriate step in accordance with Section I (one) , Subsection J of the St. Paul Salary Plan and Rates of Compensation. If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the above applicable rates for participating employees in such a way that the total cost of the package (wage rate plus contribution) remains constant. � . - C2 - �f Py-�s.�3 APPENDIX D * Effective May 1, 1984, the EMPLOYER shall: (1) contribute $1. 10 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this AGREIIKENT, to a UNION-designated Health and Welfare Fund. (2) contribute $1.50 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this AGREEMENT to a Pension Fund. (3) contribute $1.00 per hour from which payroll deduction has been made for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this AGREEMENT, to a Vacation Fund. , (4) contribute $ .20 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this AGREEMENT, to a UNION-designated Dental Fund. (5) contribute $ .07 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this AGREEMENT, to an Apprenticeship Training Fund. • All contributions made in accordance with this Appendix shall be forwarded to depositories as directed by the UNION. The EMPLOYER shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota statutes. Participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this AGREEMENT, shall not be eligible for, governed by or accumulate vacation, sick leave, holiday, funeral leave, jury duty or insurance fringe benefits that are o'r may be established by Personnel Rules, Council Ordinance or Council Resolutions. � The EMPLOYER'S fringe benefit obligation to participating employees as � defined in Articles 12.3, 12.4, and 12.5 is limited to the contributions and/or deductions established by this AGREEMENT. The actual level of � benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the EMPLOYER has forwarded contributions and/or deductions. • - D1 - � ��y-�s�-.� • I N D E X ARTICLE TITLE PAGE Preamble iii I Purpose 1 II Recognition 1 III Employer Rights 1 IV Union Rights 2 V Scope of the Agreement 2 , VI Probationary Periods 3 _ VII Philosophy of Employment and Compensation 3 VIII Hours of Work 4 IX Overtime � 5 . X Call Back 5 XI Work Location � ( XII Wages and Fringe Benefits 7 XIII Selection of Foreman and General Forema.n 11 XIV Early Retirement Insurance Benefits 11 XV Holidays 12 XVI Disciplinary Procedures 13 • XVII Absences from Work 13 XVIII Seniority 14 XIX Jurisdiction 15 XX Separation and Retirement 15 XXI Tools 15 XXII Grievance Procedure 16 XXIII Right of Subcontract 19 XXIV Non-discrimination 19 XXV Severability 19 XXVI Waiver 20 � XXVII Mileage-Independent School District No. 625 20 XXVIII Maternity Leave 21 XXIX Duration and Pledge 22 � Appendix A A1 Appendix B B1 Appendix C C1-2 Appendix D D1-2 Appendix E E1 Appendix F F1 • - ii - P R E A M B L E • This AGREEMENT is entered into between Independent School District No. 625, hereinafter referred to as the EMPLOYER, and the International Brotherhood of Electrical Workers, Local 110, hereinafter referred to as the UNION. The EMPLOYER and the UNION concur that this AGREEMENT has as its objective the promotion of the responsibilities of the City of Saint Paul . for the benefit of the general public through effective labor-management cooperation. ' The II�LOYER and the UNION both realize that this goal depends not - only on the words in the AGREEMENT but rather primarily on attitudes between peopYe at all levels of responsibility. Constructive attitudes of the EMPLOYER, the UNION, and the individual employees will best serve the • needs of the general public. • • - iii - . �_-��s�-� ARTICLE I - PURPOSE . 1. 1 The EMPLOYER and the UNION agree that the purpose for entering into this AGREEMENT is to: 1. 11 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; 1.12 Set forth rates of pay, hours of work, and other conditions of , emploqment as have been agreed upon by the EMPLOYER and the UNION; . 1. 13 Establish procedures to orderly and peacefully resolve disputes . as to the application or interpretation of this AGREEMENT without loss of manpower productivity. - 1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a supplement to legislation that creates and directs the EMPLOYER. If any part of this AGREIIKENT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (SEVERABILITY). ARTICLE II - RECOGNITION • 2. 1 The EMPLOYER recognizes the UNION as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisional, temporary, and emergency employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-477-A dated April 16, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. , ARTICLE III - EMPLOYER RIGHTS 1 3. 1 The EMPLOYER retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 3.2 Any "term or condition of employment" not established by this AGREEMENT shall remain with the EMPLOYER to eliminate, modify or � establish following written notification to the UNION. - 1 - ARTICLE IV - UNION RIGHTS 4. 1 The II�LOYER shall deduct from the wages of employees who authorize ! such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies deducted shall be remitted as directed by the UNION. 4.11 The EMPLOYER shall not deduct dues from the wages of employees covered by this .AGREEMENT for any other labor organization. 4.12 The UNION shall indemnify and save harmless the EMPLOYER from any and all claims or charges made against the EMPLOYER as a result • of the implementation of this ARTICLE. 4.2 The UNION may designate one (1) employee from the bargaining unit in � each department to act as a Steward and shall inform the EMPLOYER in - ' writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 22 (GRIEVANCE PROCEDURE) . 4.3 Upon notification to a designated EMPLOYER supervisor, the Business Ma.nager of the UNION or his designated representative shall be permitted to enter the facilities of the EMPLOYER where employees covered by this AGREEMENT are working. ARTICLE V - SCOPE OF THE AGREEMENT 5. 1 This AGREEMENT establishes the "terms and conditions of employment" � defined by M. S. 179.63, Subdivision 18, for all employees exclusively represented by the UNION. This AGREEMENT shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. r � � - 2 - (l,� ��ss.� ARTICLE VI - PROBATIONARY PERIODS �, 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) months' probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.11 At any time during the probationary period an employee may be terminated at the discretion of the EMPLOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE) . � 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a ' . copy of which shall be sent to the UNION. 6.2 All personnel promoted to a higher class of positions shall serve a six (6) months' promotional probationary period during which time the . employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.21 At any time during the promotional probationary period an employee may be demoted to the employee's previously-held class of positions at the discretion of the EMPLOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE) . 6.22 An employee demoted during the promotional probationary period • shall be returned to the employee's previously-held class of positions and shall receive a written notice of the reason(s) for demotion, a copy of which shall be sent to the UNION. ARTICLE VII - PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7. 1 The EMPLOYER and the UNION are in full agreement that the philosophy of employment and compensation shall be a "cash" hourly wage and "industry" fringe benefit system. , 7.2 The EMPLOYER shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Article 12 (WAGES AND FRINGE BENEFITS) . � 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this AGREEMENT; except those employees who have individually optioned to be "grandfathered" as provided by 12.2. s - 3 - ARTICLE VIII - HOURS OF WORK 8. 1 The normal work day shall be eight (8) consecutive hours per day, � excluding a thirty (30) minute unpaid lunch period. 8.2 The normal work week shall be five (5) consecutive normal work days in any seven (7) day period. 8.3 Shifts other than the regular daytime shift Monday through Friday may be established. Such shifts must be maintained for a period of at least one (1) work week. The second shift shall be a regularly-scheduled shift which follows a regularly-scheduled first � shift of five (5) hours or greater. The third shift shall be a regularly-scheduled shift which follows a regularly-scheduled second � shift of five (5) hours or greater. • 8.4 For employees on a shift basis, this shall be construed to mean an average of forty (40) hours a week. 8.5 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. � 8.6 An employee normally working on a particular shift may be transferred from that shift to another shift upon one week's notice; provided, however, that in the event of a vacancy, an employee may be assigned to another shift to fill such vacancy upon 24 hours' notice. 8.7 All employees shall be at the work location designated by their i supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.8 All employees are subject to call-back by the II�'LOYER as provided by Article 10 (CALL BACK). 8.9 Employees reporting for work at the established starting time and for whom no work is available shall. receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. , 8. 10 The employer shall be required to give no less than six and one-half (6�) hours' notice, when an employee is to be laid off. � - 4 - . �� ARTICLE IX - OVERTIME � 9. 1 All overtime compensated for by the EMPLOYER must receive prior authorization from a designated EMPLOYER supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 9.2 The overtime rate. of one and one-half (1'�) the basic hourly rate shall be paid for work performed under the following circumstances: . 9.21 Time worked in excess of eight (8) hours in any one normal work day, and , - 9.22 Time worked on a sixth (6th) day following a normal work week. 9.3. The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the following circumstances: 9.31 Time worked on a holiday as defined in Article 15 (HOLIDAYS) ; 9.32 Time worked on a seventh (7th) day following a normal work week; and 9.33 Time worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour period, provided that all "emergency" work � required by "Acts of God" shall be compensated at the rate of one and one-half (1'�) . 9.4 For the _purposes of calculating overtime compensation, overtime hours worked shall not be "pyramided", compounded or paid twice for the same hours worked. 9.5 Overtime hours worked as provided by this ARTICLE shall be paid in cash or in compensatory ti�e. The basis on which overtime shall be paid shall be determined solely by the Employer. Compensatory time off must be approved by the EMPLOYER. � ARTICLE X - CALL BACK ' 10. 1 The EMPLOYER retains the right to call back employees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 10.2 Employees called back shall receive a minimum of four (4) hours' pay at the basic hourly rate. 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9 (OVERTIME) , when applicable, and subject to � the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME) . - 5 - ARTICLE XI - WORK LOCATION 11.1 Employees shall report to work location as assigned by a designated � EI�LOYER supervisor. During the normal work day, employees may be assigned to other work locations at the discretion of the EMPLOYER. 11.2 Employees assigned to work locations during the normal work day other than their original assignment, and who are required to furnish their own transportation, shall be compensated for mileage. � � � - 6 - ��y�� ARTICLE XII - WAGES AND FRINGE BENEFITS �� 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Employees who are covered by the fringe benefits listed below shall continue to be covered by such benefits. They shall be subject to all other provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12.7 (FRINGE BENEFITS) . . 12.21 Insurance benefits as established by the City of Saint Paul. � 12.22 Sick leave as established by Resolution No. 3250, Section 20. - 12.23 In each calendar year, each full-time employee who is eligible for vacation shall be granted vacation according to the following schedule: Years of Service Vacation Granted Less than 5 years 15 days After 5 years through 15 years 20 days After 15 years and thereafter 25 days. Employees who work less than full-time shall be granted vacation on a pro rata basis. • The above provisions of vacation shall be sub3ect to the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 12.24 Nine (9) legal holidays as established by the Saint Paul Salary Plan and Rates of Compensation, Section 1, Subdivision I. 12.25 Severance benefits as established by the School District's Severance Pay Plan with a maximum payment of $4,000. or as established by Section 12.26 of this Article. 12.26 Severance Pay: Provisions effective May l, 1984. The Employer � shall provide a severance pay program as set forth in this Section: ' 12.26. 1 To be eligible for the severance pay program, an employee must meet the following requirements: 12.26. 11 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" or the "rule of 85" provisions of the Public Employees Retirement Association (PERA) . The "rule of 90" criteria shall also apply to employees covered by a public pension � plan other than PERA. - 7 - Article XII - Wages and Fringe Benefits (continued) 12.26.12 The employee must be voluntarily separated �� from School District employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency or any other disciplinary reason are not eligible for this severance pay program. � 12.26.13 The employee must have at least ten (10) years of consecutive service under the � classified or unclassified Civil Service at � the time of separation. For the purpose of - this Article, employment in either the City of Saint Paul or in Independent School District No. 625 may be used in meeting this ten- (10) year service requirement. 12.26. 14 The employee must file a waiver of re-employment with the Director of Personnel, which will clearly indicate that by ' requesting severance pay, the employee waives all claims to reinstatement or re-employment (of any type) with the City of Saint Paul or � with Independent School District No. 625. 12.26.15 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 12.26.2 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. • 12.26.3 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. ' 12.26.4 For the purpose of this severance pay program, a death of an employee shall be considered as separation of employment and, if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. � - 8 - ��iSS3 Article RII - Wages and Fringe Benefits (continued) • 12.26.5 For the purpose of this severance pay program, a transfer from Independent School District No. 625 employment to City of Saint Paul employment is not considered a separation of employment, and such transferee shall not be eligible for this severance program. 12.26.6 The manner of payment of such severance pay shall be made in accordance with the provisions of the School District Severance Pay Plan already in existence. 12.26.7 This severance pay program shall be subject to and � _ governed by the provisions of the original School , District Severance Pay Plan (which allows $4,000 maximum payment) except in those cases where the specific provisions of this section conflict with said Severance Pay Plan and in such cases, the provisions of this section shall control. 12.26.8 Any employee hired prior to April 30, 1984 may, in any event, and upon meeting the qualifications of this section or the original School District Basic Severance Pay Plan (which allows $4,000 maximum payment) , draw severance pay. However, an election by the employee to draw severance pay under either this section or the � basic School District Severance Pay Plan shall constitute a bar to receiving severance pay from the other. Any employee hired after April 30, 1984 shall be entitled only to the benefits of this section upon meeting the qualifications herein. 12.26.9 An employee of Independent School District No. 625 shall not 'be eligible for the severance pay provision of this section if such employee is also eligible and a recipient of Early Retirement Incentive payment under the Memorandum of Agreement with the exclusive representative dated October 4, 1983. 12.3 Regular employees covered by the fringe benefits in 12.2 shall have the right to transfer from this coverage. Employees requesting such • transfer shall be considered participating employees and will no longer be covered by the fringe benefits in 12.2 but shall be covered by 12.4. 12.4 Regular employees not covered by the fringe benefits listed in Article 12.2 shall be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12. 1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12.7. � - 9 - Article XII - Wages and Fringe Benefits (continued) 12.5 Provisional, temporary, and emergency employees shall be considered, • for the purposes of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12. 1 (WAGES) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 12.7. 12.6 All regular employees employed in a title in this bargaining unit after February 15, 1974, shall be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12. 1 (WAGES) and � have fringe benefit . contributions and/or deductions made on their behalf as provided for by Article 12.7. ' Employees who promote, transfer or reduce to any title in this , bargaining unit from any title which is not in this bargaining unit shall not be allowed to use any accumulated sick leave credits while they are in such title. . - If the employee promotes, transfers or reduces to any title which is not in this bargaining unit and if sick leave is allowed under the new title, the accumulated sick leave the employee had at the time such employee became a member of this bargaining unit shall be reinstated. 12.7 The EMPLOYER shall make contributions on behalf of and/or make deductions from the wages of employees covered by this AGREEMENT in accordance with Appendix D for all hours worked. � � - 10 - ��1-/Ss.� ARTICLE XIII - SELECTION OF FOREMAN AND GENERAL FOREMAN � 13.1 The selection of personnel for the class of positions Electrician-- General Foreman and Foreman shall rema.in solely with the EMPLOYER. 13.2 The class of positions Electrician--General Foreman and Forema.n shall be filled by employees of the bargaining unit on a "temporary assignment". 13.3 All "temporary assignments" shall be ma.de only at the direction of a designated II�lPLOYER supervisor. 13.4 Such "temporary assignments" shall be made only in cases where the . class of positions is vacant for more than one (1) normal�work day. ARTICLE XIV - EARLY RETIREMENT INSURANCE BENEFITS 14.1 For those employees who are covered by the Fringe Benefits - Article 12, the EMPLOYER will provide life, hospital, and medical insurance for early retirees who have retired since July 24, 1974, in the same proportionate amounts of premium as provided by the IIKPLOYER for active employees. 14.2 In order to be eligible for the benefits under this early retiree � provision, the employees must: 14.21 Be receiving benefits from a public employee retirement act at the time of retirement. 14.22 Have severed his relationship with the City of Saint Paul and/or Independent School District No. 625 under one of the early retiree plans. � 14.23 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 14.3 Notwithstanding any provision of this Article to the contrary, EMPLOYER premium payments on behalf of early retirees shall commence ' June 1, 1977, and shall not be interpreted to apply retroactively or act in reimbursement. 14.4 Any obligation of the EMPLOYER to an early retiree as defined herein shall cease when such early retiree reaches age sixty-five (65) . � - 11 - ARTICLE XV - HOLIDAYS 15.1 The following nine (9) days shall be designated as holidays: � New Year's Day, January 1 Presidents' Day, Third Monday in February Memorial Day, Last Monday in May Independence Day, July 4 Labor Day, First Monday in September Columbus Day, Second Monday in October Veterans' Day, November 11 Thanksgiving Day, Fourth Thursday in November Christmas Day, December 25. . � 15.2 When New Year's Day, Independence Day or Christmas Day falls on a . � Sunday, the following Monday shall be considered the designated - holiday. When any of these three (3) holidays falls �:. a Saturday, � the preceding Friday shall be considered the designated holiday. For those employees assigned to a work week other than Monday through Friday, these three holidays shall be observed on the calendar date of � the holiday. 15.3 The nine (9) holidays shall be considered non-work days. 15.4 If, in the judgment of the EMPLOYER, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 10 (CALL BACK) . 15.5 Employees covered by the Fringe Benefits in 12.2 and working on a � designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 15.6 Employees not covered by the Fringe Benefits in 12.2 and assigned to work on Presidents' Day, Columbus Day or Veterans' Day shall be compensated on a straight-time basis for such hours worked. 15.7 Employees not covered by the Fringe Benefits in 12.2 and assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at a rate of two (2) times the basic hourly rate for such hours worked. 15.8 The day after Thanksgiving Day and the day before Christmas Day shall be considered work days. All employees working on these days shall be compensated on a straight-time basis. � 15.9 In the case of Board of Education employees, if Presidents' Day, Columbus Day or Veterans' Day falls on a day when school is in session, the employees shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be a day on which school is not in session and shall be determined by agreement between the employee and his supervisor. � - 12 - �ry�s.�3 ARTICLE XVI - DISCIPLINARY PROCEDURES � 16.1 The EMPLOYER shall have the right to impose disciplinary actions on emploqees for just cause. 16.2 Disciplinary actions by the EMPLOYER shall include only the following actions: 16.21 Oral reprimand; 16.22 Written reprimand; 16.23 Suspension; . 16.24 Demotion; 16.25 Discharge. , • 16.3 Employees who are suspended, demoted or discharged shall have the right to request that such actions be reviewed by the Ciyil Service Commission or a designated Board of Review. The Civil Service Commission or a designated Board of Review shall be the sole and � exclusive means of reviewing a suspension, demotion or discharge. No appeal of a suspension, demotion or discharge shall be ,considered a "grievance" for the purpose of processing through the provisions of Article 22 (GRIEVANCE PROCEDURE) . ARTICLE XVII - ABSENCES FROM WORK S17.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event �ater than the beginning of such work day. 17,.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (DISCIPLINARY PROCEDURES) . 17.3 Failure to report for work without notification for , three (3) consecutive normal work days may be considered a "quit" by the EMPLOYER on the part of the employee. � - 13 - ARTICLE XVIII - SENIORITY 18.1 Seniority, for the purposes of this AGREEMENT, shall be defined as � follows: 18.11 "Master Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the last date of employment in any and all class titles covered by this AGREErIENT. 18.12 "Class Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the date an � employee was first appointed to a class title covered by this AGREEMENT. ' 18.2 Seniority shall, not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty . (30) calendar days; is granted because of illness or in�ury; is granted to allow an employee to accept an appointment to the � unclassified service of the EMPLOYER or to an elected or appointed full-time position with the UNION. ' 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the IIKPLOYER that it is necessary to reduce the work force, employees will be laid off by class title � within each Department based on inverse length of "Class Seniority". Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after two years of layoff. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", subject to the approval of the EMPLOYER. • - 14 - ��is� ARTICLE %IX - JURISDICTION � 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate sub�ect for determination by the various unions representing employees of the EMPLOYER. 19.2 The II�LOYER agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 19.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the II�LOYER shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing � shall restrict the right of the EMPLOYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict ' the �LOYER'S basic right to assign work. 19.4 Any employee refusing to perform work assigned by the EMPLOYER and as clarified by Sections 19.2 and 19.3 above shall be subject to _ disciplinary action as provided in Article 16 (DISCIPLINARY PROCEDURES). 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE XR - SEPARATION AND RETIRII�NT � 20. 1 Employees having a probationary or regular- employment status shall be considered separated from emploqment based on the following actions: 20. 11 Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.12 Retirement. Al1 employees shall retire from employment with the EMPLOYER no later than the last calendar day of the month in which an employee becomes seventy years old. 20. 13 Discharge. As provided in Article 16. _ 20. 14 Failure to Report for Duty. As provided for in Article 17. 20.2 Employees having an emergency, temporary or provisional employment status may be terminated at the discretion of the EMPLOYER before the completion of a normal work day. ARTICLE XXI - TOOLS � 21. 1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix E. - 15 - ARTICLE XRII - GRIEVANCE PROCEDURE 22.1 The II�LOYER shall recognize Stewards selected in accordance with � UNION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the names of the Stewards and of their successors when so named. 22.2 It is recognized and accepted by the II�PLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee ' have notified and received the approval of their supervisor to be - absent to process a grievance and that such absence would not be . detrimental to the work programs of the EMPLOYER. 22.3 The procedure established by this ARTICLE shall be the sole and - exclusive procedure, except for the appeal of disciplinary action as provided by 16.3, for the processing of grievances, which are' defined as an alleged violation of the terms and conditions of this AGREEMENT. 22.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this � AGREEMENT, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) calendar days• of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, . shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written • grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UNION within three (3) calendar days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. � . - 16 - ��s.�.� Article XXII - Grievance Procedure (continued) � Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the UNION Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the ENIPLOYER shall reply in writing to the UNION stating the EI�LOYER'S answer .concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. � . Step 4. If the grievance remains unresolved, the Union may within seven '(7) calendar days after the response of the ErIPLOYER in Step 3, by written notice to the EMPLOYER, request • arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the II�IPLOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven- (7) day period, either party may request the Public Employment Relations Board to submit a panel of five (5) arbitrators. Both the ENIPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION . shall strike the first (lst) name; the EMPLOYER shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER "and the UNION and shall have no authority to ma.ke a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The . arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. - The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UNION, and the employees. � - 17 - Article XXII - Grievance Procedure (continued) 22.6 The fees and expenses for the arbitrator's services and proceedings i shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representative and witnesses. If either party cancels an arbitration hearing or asks for a last-minute postponement that leads to the arbitrator's making a charge, the canceling party or the party asking for the postponement shall pay this charge. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. � i # - �8 - ��-�s�3 ARTICLE XXIII - RIGHT OF SUBCONTRACT � 23.1 The II�PLOYER may, at any time during the duration of this AGREEMENT, contract out work done by the employees covered by this AGREEMENT. In the event that such contracting would result in a reduction of the work force covered by this AGREEMENT, the EMPLOYER shall give the UNION a ninety (90) calendar day notice of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by this AGREEMENT shall in all cases be ma.de only to employers who qualify in accordance with Ordinance No. 14013. . ARTICLE XXIV - NON-DISCRIMINATION 24.1 The terms and conditions� of this AGREEMENT will be applied to • employees equally without regard to or discrimination for or against, any individual because of race, color, creed, sex, age or because of membership or non-membership in the UNION. � 24.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. i ARTICLE XXV - SEVERABILITY 25. 1 In the event that any provision(s) of this AGREEMENT is declared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 25.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the AGREEMENT in compliance with the legislative, administrative or judicial determination. • - 19 - ARTICLE XXVI - WAIVER 26.1 The EMPLOYER and the UNION acknowledge that during the meeting and . negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this AGREEMENT. 26.2 Therefore, the EMPLOYER and the UNION for the duration of this AGREEMENT agree that the other party shall not be obligated to meet and negotiate over any term or conditions of employment whether specifically covered or not specifically covered by this AGREEMENT. The UNION and EMPLOYER ma.y, however, mutually agree to modify any ' provision of this AGREEMENT. , 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this • AGREEMENT, are hereby superseded. ARTICLE XXVII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625 27. 1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, employees i must receive authorization from the District Mileage Committee utilizing one of the following plans: PLAN "A" is reimbursed at the rate of 23� per mile. In addition, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount can be the experience of another working in the same or similar position. Under this plan, it is necessary for the employee to keep a . record of each trip made. PLAN "C" provides for reimbursement based on a per month "lump � sum" amount. This amount is determined by the employee's driving experience under Plan "A" for a period of 3 to 6 months. Those employees receiving an auto allowance under this plan must report monthly the number of days the car was available during the month. A deduction must be made from the lump sum amount for each day the employee is on vacation. A deduction need not be made for an occasional day of illness or for a holiday. � - 20 - - ��y-,�.�.� ARTICLE XXVIII - MATERNITY LEAVE � 28.1 Maternity Leave. Maternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at anq time during the period stated above and the employer may approve such leave at its option, and such leave may be no longer than one (1) year. � � - 21 - ARTICLE XXIX - DURATIQN AND PLEDGE � �� /��3 �- �29.1 This AGREE*iE.*IT shall become effective as of May 1, 1984, and shall � remain in effect throvgh the 30th day of April, 1965, and continue in effect from pear to year thereafter unless notice to change or to terminate is given in the manner provided in 29.2. 29.2 If either party desires to terminate or sodify this AGREEMENT effective as of the date of expiration, the party wishing to modify or terminate the AGREEMENT shall give written notice to the other party, not more than ninety (90) or less than sixty {60) calendar daqs prior \ to the expiration date, provided that the AGREII�ENT may only be so tez�ninated or modified effective as of the expiration date. 29.3 In consideration of the terms and conditions of employment established by this AGREEMENT and the recognition that the GRIEVANCE PROCEDURE . herein established is the means bq which grievances concerniag its application oz interpretatioa may be peacefully resolved, the parties hereby pledge that during the term of the AGREEMENT: 29.31 The UNION and the employees will aot engage in, instigate or condone any concerted action in which employees fail to report � for dutp, willfully absent themselves from work, stop work, slow down their work or absent themselves ia whole or part from the full, faithful performance of their duties of employment. 29.32 The EMPLOYER will not engage in, instigate or condone any • lockout of employees. 29.33 This constitutes a tentative AGREII�NT between the parties which will be recommended by the School Board Negotiator, but is subject to the approval of the Board of Education and is also subject to ratification by the UNION. AGREID to this��day of ,c�K1984, and attested to as the full and complete understanding of t��ies for the period of time herein specified by the signature of the following representatives from the II�LOYER and the UNION. WITNESSES: INDEPENDENT SCAOOL DISTRICT N0. 625 INTERNATIONAL BROTIiERH00D OF ELECTRICAL WORKERS, LOCAL 110 BY. BY: � + � �,i�t/��'C r? / School oard Negotiator Busiaess nager - , BY• BY: �'E'��- � Chai n, Board of Education � - 22 - � ��6� APPENDIX A � The classes of positions recognized as being exclusively represented by the UNION are as follows: Electrician--General Foreman � Electrician--Foreman Electrician , Apprentice Electrician and other classes of positions that may be established by the EMPLOYER � . where the scope of the work duties and responsibilities assigned comes , within the jurisdiction of the UNION. • . � - A1 - APPENDIX B For all normal work weeks established pursuant to tlie provisions of � Article VIII of this contract, which� includes Sunday, the following provisions shall apply and govern: 1. All regular electricians employed prior to January 1, 1976, shall be offered assignment to the work week on a seniority basis, and all such employees shall have the right to refuse assignment to the work week. This refusal is subject to the provisions listed below. 2. All regular electricians employed subsequent to January l, 1976, may be assigned to vacancies in this work week. ' 3. All regular electricians shall have the right to bid on and • obtain assignment of a position occupied by an electrician with lesser class seniority within 30 calendar days from the date that said position was last filled. - 4. Any regular electrician may be assigned, on a temporary basis, to the work week to replace an electrician who is absent because of vacation, illness, paid military leave, jury duty or any other leave acceptable to both parties. These temporary assignments shall be made on the basis of seniority and in no instance shall any one employee be required to work on such temporary basis for more than 15 work days or the total temporary assignment to exceed 90 work days. • • - Bl - �'��/-/,s5� APPENDIX C The basic hourly wage rate for provisional, regular, and probationary � employees appointed to the following classes of positions who are not covered by the provisions of Article 12.2 shall be: Effective April 28, 1984 Electrician. . . . . . . . . . . . . . . . . . . . $ 15.91 Electrician-Foreman. . . . . . . . . . . . . . . 17.07 Electrician-General Foreman. . . . . . . . . . . 17.84 �. The basic hourly wage rate for temporary and emergency employees - appointed to the following classes of positions shall be: • Effective April 28, 1984 � Electrician. . . . . . . . . . . . . . . . . . . . $ 16.55 Electrician-Foreman. . . . . . . . . . . . . . . . 17.75 Electrician-General Foreman. . . . . . . . . . . . 18.55 Apprentice Electrician lst 950 hours. . . . . . . . . . . . . . . . 50% of Journeyman rate • 2nd 950 hours. . . . . . . . . . . . . . . . 55� of Journeyman rate 3rd 950 hours. . . . . . . . . . . . . . . . 60� of Journeyman rate 4th 950 hours. . . . . . . . . . . . . . . . 65% of Journeyman rate Sth 950 hours. . . . . . . . . . . . . . . . 70% of Journeyman rate 6th 950 hours. . . . . . . .. . . . . . . . . 75% of Journeyman rate 7th 950 hours. . . . . . . . . . . . . . . . 80ti of Journeyman rate 8th 950 hours. . . . . . . . . . . . . . . . 85% of Journeyman rate , The basic hourly wage rate for regular employees appointed to the following classes of positions who are covered by the provisions of Article 12.2 of this AGREEMENT shall be: � Effective April 28, 1984 Electrician. . . . . . . . . . . . . . . . . . . . $ 16.64 Electrician-Foreman. . . . . . . . . . . . . . . . 17.70 Electrician-General Foreman. . . . . . . . . . . . 18.40 Apprentice Electrician . (hired prior to March 16, 1974) • • • • • • . • • (85% of Electrician rate) . 14. 14 - C1 - Appendix C (continued) For employees who work on a regularly-assigned shift beginning earlier � than 6 a.m. or ending later than 6 p.m. , provided that at least five hours of the shift are worked between the hours of 6 p.m. and 6 a.m. , there shall be paid a night differential for the entire shift. For employees who work on a regularly-assigned shift beginning earlier . than 6 a.m. or ending later than 6 p.m. , but less than five hours of the shift are worked between the hours of 6 p.m. and 6 a.m. , there shall be paid a night differential for the hours worked between the hours of 6 p.m. and 6 a.m. , The night differential shall be 5% of the base rate, and shall be paid� � only for those night shifts actually worked. � . • - C2 - ��rSS� APPENDIX D � Effective May 1, 1984, the II�LOYER shall: (1) Contribute $1.25 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this Agreement, to a UNION-designated Health and Welfare Fund. (2) Contribute $ .40 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this Agreement, to a Union-designated Pension Fund. . (3) Contribute $ .09 per hour for all hours worked by _ participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this Agreement, to a Union-designated Apprenticeship Training Fund. (4) Contribute $ .05 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this Agreement, to a Union-designated Seniority Fund. (5) Contribute $ .65 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this Agreement, to a Union-designated • Reserve Trust Fund. (6) Contribute 3% of the gross wages earned by participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this Agreement to the Union's designated National Employees Benefit Fund (N.E.B.F.). (7) Contribute 9�% of all wages earned by participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this Agreement, to a Union-designated Vacation and Holiday Fund. This contribution is subject to all payroll deductions. (8) Contribute $ .50 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this Agreement, to a Union-designated Annuity Fund. (9) Contribute $1.00 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this Agreement, to a Union-designated Flexible Benefit Fund. • - D1 - . Appendix D (continued) The II�'iPLOYER shall establish Workers' Compensation and Unemployment � Compensation programs as required by Minnesota statutes. Participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this AGREEMENT shall not be eligible for, governed by or accumulate vacation, sick leave, holiday, funeral leave, jury duty or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance or Council Resolution. The EMPLOYER'S fringe benefit obligation to participating employees covered by this AGREII�ENT, as defined in Articles 12.3, 12.4, and 12.5 is limited solely to the contributions and/or deductions established by this ' AGREEMENT. The actual level of benefits provided to employees shall be the . responsibility of the trustees of the various funds to which the EMPLOYER . has forwarded contributions and/or deductions. _ � • - D2 - ��6� APPENDIX E � Pocket Tool Punch and Belt 6" Rule 9" or 10" Aluminum Level 8" Side Cutters Crimping Tool 10" Crescent Wrench Combination Box-Open-end Wrenches 3/8" - 3/4" Socket Set of. equivalent sizes � , Cold Chisel and Center Punch • Taps 6/32 - 8/32 - 10/32 - 10/24 - 1/4 20 Tap Wrench , File Rasp 12" 1/2 Round and Rat-tail Hack Saw 12" blade � Screwdrivers 4" - 8" - 12" reg. slot and 4" and 6" Phillips Flashlight Tester, 600 v. solenoid type Combination Square � Knife Long-nose Pliers . Diagonal-cutting Pliers 2 pair Channel Locks 14" Pipe Wrench or Chain Wrench Allen Wrenches Hammer, Ball Peen Scratch Awl ' Drills - in accordance with Tap sizes 9/32 and 3/8 Fuse Puller Angle Screwdriver Tool Box to hold the above tools The EMPLOYER shall furnish all other necessary tools or equipment. Employees will be held responsible for tools or equipment issued to them, providing the EMPLOYER furnishes the necessary lockers, "gang box" or other safe place for storage. � The EMPLOYER shall replace with similar tools of equal value and quality any of the above-listed tools which are turned in by an employee which are no longer serviceable because of wear or breakage, providing the employee has been employed for nine (9) continuous months or more. - El - G1�- �'y��s� APPENDIX F WORKING CONDITIONS FOR SENIOR ELECTRICAL INSPECTORS � AND ELECTRICAL INSPECTORS As a result of the 1974 settlement, the Parties have established craft-determined rates for Senior Electrical Inspectors and for Electrical Inspectors, with the specific understanding that such agreement is restricted to establishing rates of pay for such classifications. It is, consequently, agreed that the Employer in applying ARTICLE III - EMPLOYER RIGHTS - of the MAINTENANCE LABOR AGREEMENT, shall have the " right to operate the Department in the same manner as heretofore, wi�h management rights unaffected, and that the establishment of separate rates ' , for these classifications as well as for Inspector classifications in other � Bargaining Units, may not result in disputes over assignments or over rates . o£ pay for work performed, nor will any jurisdictional claims or restrictions be asserted by the Union because members of various Inspector • classifications are assigned to work which is also performed by other Inspector classifications. � � � - Fl - � ��' �� /.�5� � BOARD MEETING AGENDA REQUEST All requests must be in the office of the Deputy Superintendent one week in advance of the ar meeting or w ic t e item is inten e . A �n ormot�on requeste �n t e spaces e ow is to e provi e . Fai ure to provi e comp ete informotion will result in the item being re- turned to the administrotor making the�request and that person will be responsible for any delay that results. Information needed for the Board meeting should be sent with the agenda request. Twenty-five copies of the material should be sent to the office of the Deputy Super- intendent at e time t e request is s mitte . Kenneth A. Berg Deputy Superi�tendent 9-- iJew eir.ployment agreement with Board Meeting Dete , 1984 qqenda (tem Bricklayers Local ;Vo. 1 Requested by Phyllis E. Byers Department Negotiations Resolution: Yes � No Atbrney's Ap�xoval Budget to be charged Budget Administrator Expended to date � Total budgeted $ Encumbered to date � Balance in budget $ Information on the Ifem �ve etei e in rmction on the item. (nformation should include where the progrom is to operate, source of the funds, (ength of time or dote. (f more space is needed, use the other side of this sheet. CHANGES ARE AS FOLLOWS: OVERTIPiE: The OVERTItiE article has been cnanged to provide that time-and-one-half for overtime hours will be paid in cash or in compensatory time, at the employer's option. Former language re double-time rate has been deleted. SEVERANC� PAY: The WAGES article is amended to include new language on severance pay , provisions with a maximum payment of $6,50�. � SE:3IORITY article now provides for recall rights for two years of layoff. The District has one employee in this bargaining unit. �� ,� ` �, � � �, // $ignature of administrator submitting reques�� `� Date ��/S '�7 �s - - -- � - - --- -- - ,.Lr_ _.. (�,T-�y-r.�3 . I N D E X ARTICLE TITLE PAGE Preamble iii I Purpose 1 II Recognition 1 III Employer Rights 1 IV Union Rights 2 V Scope of the Agreement 2 VI Probationary Periods 3 VII Philosophy of Employment. and Compensation 3 VIII Hours of Work 4 ' IX Overtime 5 X Call Back 5 � XI Work Location 6 XII Wages 7 XIII Fringe Benefits 10 %IV Selection of Foreman and General Foreman 10 XV Holidays 11 XVI Disciplinary Procedures 12 • XVII Absences from Work 12 XVIII Seniority 13 XIX Jurisdiction 14 XX Separation 14 XXI Tools 14 XXII Grievance Procedure 15 XXIII Right of Subcontract 17 XXIV Non-discrimination 17 XXV Severability 17 XXVI Waiver ' 18 XXVII Mileage-Independent School District No. 625 18 , XXVIII Duration and Pledge 19 . Appendix A A1 . Appendix B B1 Appendix C C1-2 Appendix D D1 • - ii - P R E A M B L E � . This AGREEMENT is entered into between Independent School District No. 625, hereinafter referred to as the EMPLOYER and the Bricklayers and Stone Masons Union No. 1, hereinafter referred to as the UNION. The EMPLOYER and the UNION concur that this AGREEMENT has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor management cooperation. The EMPLOYER and the UNION both realize that this goal depends not only on the words in the AGREEMENT but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the EMPLOYER, the UNION, and the individual employees will best serve the ' needs of the general public. • • - iii - ��r/�� ARTICLE I - PURPOSE � 1.1 The IIKPLOYER and the UNION agree that the purpose for entering into this AGREEMENT is to: l. 11 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; 1. 12 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the EMPLOYER and the UNION; 1. 13 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this AGREEMENT without loss of manpower productivity. 1.2 The IIKPLOYER and the UNION agree that this AGREII�iENT serves as a supplement to legislation that creates and directs the IIKPLOYER. If ' any part of this AGREEMENT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (SEVERABILITY) . ARTICLE II - RECOGNITION • � 2.1 The EMPLOYER recognizes the UNION as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisional, temporary, and emergency employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-537-A dated June 4, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. ARTICLE III - EMPLOYER RIGHTS . 3. 1 The EMPLOYER retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 3.2 Any "term or condition of employment" not established by this AGREEMENT shall remain with the EMPLOYER to eliminate, modify or • establish following written notification to the UNION. - 1 - ARTICLE IV - UNION RIGHTS 4.1 The EMPLOYER shall deduct from the wages of employees who authorize � such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies deducted shall be remitted as directed by the UNION. 4. 11 The EMPLOYER shall not deduct dues from the wages of employees covered by this AGREEMENT for any other labor organization. 4.12 The UNION shall indemnify and save harmless the EMPLOYER from any and all claims or charges made against the EMPLOYER as a result of the implementation of this ARTICLE. 4.2 The UNION may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the EMPLOYER in writing of such designation. Such employee shall have the right and responsibilities , as designated in Article 22 (GRIEVANCE PROCEDURE) . 4.3 Upon notification to a designated EMPLOYER supervisor, the Business . Manager of the UNION or his designated representative shall be permitted to enter the facilities of the EMPLOYER where employees covered by this AGREEMENT are working. ARTICLE V - SCOPE OF THE AGREEMENT • 5. 1 This AGREEMENT establishes the "terms and conditions of employment" defined by M. S. 179.63, Subdivision 18, for all employees exclusively represented by the UNION. This AGREEMENT shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. . • - 2 - ��-��s.� ARTICLE VI - PROBATIONARY PERIODS � 6. 1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) months' probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.11 At any t�me during the probationary period an employee may be terminated at the discretion of the EMPLOYER without appeal to . the provisions of Article 22 (GRIEVANCE PROCEDURE). 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the UNION. 6.2 All personnel promoted to a higher class of positions shall serve a � six (6) months' promotional probationary period during which time the employee's fitness and ability to perform the class of positions' , duties and responsibilities shall be evaluated. 6.21 At any time during the promotional probationary period an employee may be demoted to the employee's previously-held class of positions at the discretion of the EMPLOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE) . � 6.22 An employee demoted during the promotional probationary period • shall be returned to the employee's previously-held class of positions and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the UNION. ARTICLE VII - PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7. 1 The EMPLOYER and the UNION are in full agreement that the philosophy of employment and compensation shall be a "cash" hourly wage and "industry" fringe benefit system. 7.2 The IIKPLOYER shall compensate employees for all hours worked at the • basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (WAGES) and 13 (FRINGE BENEFITS) . • 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this AGREEMENT; except those employees who have individually optioned to be "grandfathered" as provided by 12.2. • - 3 - ARTICLE VIII - HOURS OF WORK 8.1 The normal work day shall be eight (8) consecutive hours per day, , excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 8.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER'S �udgment to establish second and third shifts or a work week of other than Monday through Friday, the UNION agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at , an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.6 All employees are subject to call-back by the EMPLOYER as provided by Article 10 (CALL BACK). 8.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the , basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. . - 4 - G�F�-i�/ss3 ARTICLE IX - OVERTIME � 9.1 All overtime compensated for by the EMPLOYER must receive prior authorization from a designated IIKPLOYER supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 9.2 The overtime rate of one and one-half (1'�) the basic hourly rate shall be paid for work performed under the following circumstances: 9.21 Time worked in excess of eight (8) hours in any one normal work day, and 9.22 Time worked in excess of forty (40) hours in a seven (7) day period. � 9.3 For the purposes of calculating overtime compensation, overtime hours worked shall not be "pyramided", compounded or paid twice for the same hours worked. 9.4 Overtime hours worked as provided by this ARTICLE shall be paid in cash or in compensatory time as determined by the ENIl'LOYER. ARTICLE X - CALL BACK • 10. 1 The EMPLOYER retains the right to call back employees before an employee has started a norma.l work day or normal work week and after an employee has completed a normal work day or normal work week. 10.2 Employees called back shall receive a minimum of four (4) hours' pay at the basic hourly rate. 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9 (OVERTIME) , when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME) . i - 5 - ARTICLE XI - WORK LOCATION 11.1 Employees shall report to work location as assigned by a designated , EMPLOYER supervisor. During the normal work day, employees may be assigned to other work locations at the discretion of the EMPLOYER. 11.2 Employees assigned to work locations during the normal work day other than their original assignment, and who are required to furnish their own transportation, shall be compensated for mileage. � . • - 6 - � ��i,�s3 ARTICLE XII - WAGES • 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Employees who are covered by the fringe benefits listed below shall continue to be covered by such benefits. They shall be subject to all other provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by ARTICLE 13 (FRINGE BENEFITS) . 12.21 Insurance benefits as established by City of Saint Paul Resolutions including life, hospital, and health insurance for early retirees who have retired since May 8, 1978. In order to be eligible for the health benefits under the early retiree provision, the emploqee must: ' 12.21.1 Be receiving benefits from a public employee retirement act at the time of retirement. � 12.21.2 Have severed his relationship with the City of Saint Paul and Independent School District No. 625 under one of the early retiree plans. 12.21.3 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early retirement date that he or she wishes to be eligible • for early retiree insurance benefits. 12.22 Sick leave as established by Civil Service Rules, Section 20. 12.23 Vacation as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 12.24 Nine (9) legal holidays as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision I. 12.25 Severance benefits as established by the School District's Severance Pay Plan with a maximum payment of $4,000. or as established by Section 12.26 of this Article. 12.26 Severance Pay: Provisions effective September 1, 1984. The Employer shall provide a severance pay program as set forth in . this Article: 12.26.1 To be eligible for the severance pay program, an employee must meet the following requirements: 12.26.11 The employee must be 58 years of age or older or must be eligible for pension under the . "rule of 90" or the "rule of 85" provisions of the Public Employees Retirement • Association (PERA) . The "rule of 90" criteria shall also apply to employees covered by a public pension plan other than PERA. - 7 - Article RII - Wages (continued) 12.26.12 The employee must be voluntarily separated , from School District employment or have been subject to separation by layoff or compulsory retirement. Those employees who are dis- charged for cause, misconduct, inefficiency, incompetency or any other disciplinary reason are not eligible for this severance pay program. 12.26.13 The employee must have at least ten (10) years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this Article, employment in either the City of Saint Paul or in Independent School District No. 625 may be used in meeting this � ten- (10) year service requirement. 12.26.14 The employee must file a waiver of re- employment with the Director of Personnel, which will clearly indicate that by request- ing severance pay, the employee waives all claims to reinstatement or re-employment (of any type) with the City of Saint Paul or with Independent School District No. 625. 12.26. 15 The employee must have accumulated a minimum � of sixty (60) days of sick leave credits at the time of his separation from service. 12.26.2 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 12.26.3 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. 12.26.4 For the purpose of this severance pay program, a death � of an employee shall be considered as separation of employment and, if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 12.26.5 For the purpose of this severance pay program, a trans- fer from Independent School District No. 625 employment to City of Saint Paul employment is not considered a � separation of employment, and such transferee shall not be eligible for this severance program. - 8 - �� Article XII - Wages (continued) ! 12.26.6 The manner of payment of such severance pay shall be made in accordance with the provisions of the School District Severance Pay Plan already in existence. 12.26.7 This severance pay program shall be subject to and gov- erned by the provisions of the original School District Severance Pay Plan (which allows $4,000 maximum , payment) except in those cases where the specific provisions of this Article conflict with said Severance Pay Plan and in such cases, the provisions of this Article shall control. 12.26.8 Any employee hired prior to February 15, 1974 may, in any event, and upon meeting the qualifications of this Article or the original School District �Basic Severance Pay Plan (which allows $4,000 maximum payment), draw severance pay. However, an election by the employee to draw severance pay under either this Article or the � basic School District Severance Pay Plan shall consti- tute a bar to receiving severance pay from the other. 12.26.9 An employee of Independent School District No. 625 shall not be eligible for the severance pay provision of this Article if such employee is also eligible and a recipient of Early Retirement Incentive payment under � any Agreement between the exclusive representative and the School District. 12.3 Regular employees not covered by the fringe benefits listed in Article 12.2 shall be considered, for the purposes of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS). 12.4 Provisional, temporary, and emergency employees shall be considered, for the purposes of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12. 1 (WAGES) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.5 All regular employees employed after February 15, 1974, shall be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . • - 9 - ARTICLE XIII - FRINGE BENEFITS 13.1 The EMPLOYER shall make contributions on behalf of and/or make � deductions from the wages of employees covered by this AGREEMENT in accordance with Appendix D for all hours worked. ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN 14.1 The selection of personnel for the class of position of Foreman shall remain solely with the II�LOYER. 14.2 The class of position of Foreman shall be filled by employees of the bargaining unit on a "temporary assignment". 14.3 All "temporary assigriments" shall be made only at the direction of a designated EMPLOYER supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day. � i - �o - �� ARTICLE XV - HOLIDAYS . � 15.1 The following nine (9) days shall be designated as holidays: New Year's Day, January 1 Presidents' Day, Third Monday in February Memorial Day, Last Monday in May • Independence Day, July 4 Labor Day, Eirst Monday in September Columbus Day, Second Monday in October Veterans' Day, November 11 Thanksgiving Day, Fourth Thursday in November Christmas Day, December 25. 15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the design�ted holidaq. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The nine (9) holidays shall be considered non-work days. 15.4 If, in the judgment of the EMPLOYER, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 10 (CALL BACR) . 15.5 Participating employees as defined in Articles 12.3, 12.4, and 12.5 � working on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 15.6 In the case of Board of Education employees, if Presidents' Day, Columbus Day or Veterans' Day falls on a day when school is in session, the employees shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be a day on which school is not in session and shall be determined by agreement between the employee and his supervisor. • - 11 - ARTICLE XVI - DISCIPLINARY PROCEDURES 16.1 The II�LOYER shall have the right to impose disciplinary actions on � employees for just cause. 16.2 Disciplinary actions by the II�IPLOYER shall include only the following actions: � 16.21 Oral reprimand; � 16.22 Written reprimand; 16.23 Suspension; 16.24 Demotion; 16.25 Discharge. 16.3 Employees who are suspended, demoted or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission � or a designated Board of Review. The Civil Service Commission or a designated Board of Review shall be the sole and exclusive means of reviewing a suspension, demotion or discharge. No appeal of a suspension, demotion or discharge shall be considered a "grievance" for the purpose of processing through the provisions of Article 22 (GRIEVANCE PROCEDURE) . ARTICLE XVII - ABSENCES FROM WORK � ' 17.1 Employees who are unable to report for their normal work day have the ,� responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (DISCIPLINARY PROCEDURES) . 17.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a "quit" by the IIKPLOYER on the part of the employee. . - 12 - l,�iG��/i�"�3 ARTICLE XVIII - SENIORITY � 18.1 Seniority, for the purpose of this AGREEMENT, shall be defined as follows: 18. 11 "Master Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the last date of employment in any and all class titles covered by this AGREEMENT. 18.12 "Class Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the date an employee was first appointed to a class title covered by this AGREEMENT. 18.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty � (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the EI�LOYER or to an elected or appointed full-time position with the UNION. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the EMPLOYER that it is necessary to reduce the work force, employees will be laid off by class title � within each Department based on inverse length of "Class Seniority". Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after two years of layoff. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", subject to the approval of the II�IPLOYER. . - 13 - ARTICLE XIX - JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is w recognized as an appropriate subject to determination by the various unions representing employees of the II�4PLOYER. 19.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction by mutual agreements between the unions involved. 19.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the EMPLOYER shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the EMPLOYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict the II�LOYER'S basic right to assign work. 19.4 Any employee refusing to perform work assigned by the EMPLOYER and as clarified by Sections 19.2 and 19.3 above shall be subject to � disciplinary action as provided in Article 16 (DISCIPLINARY PROCEDURES). 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE XX - SEPARATION 20. 1 Employees having a probationary or regular employment status shall be � considered separated from employment based on the following actions: 20.11 Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20. 12 Discharge. As provided in Article 16. 20. 13 Failure to Report for Duty. As provided in Article 17. 20.2 Employees having an emergency, temporary or provisional employment status ma.y be terminated at the discretion of the EMPLOYER before the . completion of a normal work day. ARTICLE XXI - TOOLS 21. 1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. . - 14 - � ��s�� ARTICLE XXII - GRIEVANCE PROCEDURE � 22.1 The II�LOYER shall recognize Stewards selected in accordance with _ UNION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the names of the Stewards and of their successors when so named. 22.2 It is recognized and accepted by the EMPLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received- the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EMPLOYER. . 22.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciplinary action as � provided by 16.3, ' for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. 22.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this � AGREEMENT, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it ma.y be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, . shall be considered waived. SteP 2. Within seven (7) calendar days after receiving the written . grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UNION within three (3) calendar days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the IIKPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt • of the EMPLOYER'S answer shall be considered waived. - 15 - Article XXII - Grievance Procedure (continued) Step 3. Within seven (7) calendar days following receipt of a � grievance referred from Step 2, a designated Employer Supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the EMPLOYER shall reply in writing to the UNION stating the EMPLOYER'S answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the � EMPLOYER'S answer shall be considered waived. Step 4. If the grievance remains unresolved, the UNION may within seven (7) calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER, request � arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual _ agreement of the EMPLOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven- (7) day period, either party may request the Public Employment Relations Board to submit a panel of five (5) arbitrators. Both the IIKPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION shall strike the first (lst) name; the EMPLOYER shall then , strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the . parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator`s interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UNION, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. • 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. - 16 - ��'y iss3 ARTICLE XXIII - RIGHT OF SUBCONTRACT � 23.1 The EMPLOYER may, at any time during the duration of this AGREEMENT, contract out work done by the employees covered by this AGREEMENT. In the event that such contracting would result in a reduction of the work force covered by this AGREEMENT, the EMPLOYER shall give the UNION a ninety (90) calendar day notice of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by this AGREEMENT shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE XXIV - NON-DISCRIMINATION ' 24. 1 The terms and conditions of this AGREEMENT will be applied to employees equally without regard to or discrimination for or against, , any individual because of race, color, creed, sex, age or because of membership or non-membership in the UNION. 24.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. • ARTICLE XXV - SEVERABILITY 25. 1 In the event that any provision(s) of this AGREEMENT is declared to be contrary to law by proper legislative, administrative or judicial authority � from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 25.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the AGREEMENT in compliance with the legislative, administrative or judicial determination. � - 17 - ARTICLE XXVI - WAIVER 26.1 The EI�LOYER and the UNION acknowledge that during the meeting and � negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this AGREEMENT. 26.2 Therefore, the EMPLOYER and the UNION for the duration of this � AGREEMENT agree that the other party shall not be obligated to meet and negotiate over any term or condition of employment whether specifically covered or not specifically covered by this AGREEMENT. The UNION and EMPLOYER may, however, mutually agree to modify any provision of this AGREEMENT. 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions , ' of employment, to the extent they are inconsistent with this AGREIIriENT, are hereby superseded. ARTICLE XXVII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625 , 27.1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, employees � must receive authorization from the District Mileage Committee utilizing one of the following plans: PLAN "A", effective with the adoption of this Agreement, is reimbursed at the rate of 23� per mile. In addition, a maximum � amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount can be the experience of another working in the same or similar position. , Under this plan, it is necessary for the employee to keep a record of each trip made. PLAN "C" provides for reimbursement based on a per month "lump sum" amount. This amount is determined by the employee's driving experience under Plan "A" for a period of 3 to 6 months. Those employees receiving an auto allowance under this plan must report monthly the number of days the car was available during the month. A deduction must be made from the lump sum amount for each day the employee is on vacation. A deduction need not be made for an occasional day of illness or for a holiday. � - 18 - ARTICLE XRVIII - DURATION AND PLEDGE ��T-�s� 28. 1 This AGREEMENT shall become effective as of the date of signing, �� except as specifically provided otherwise in Articles 12 and 13, and shall remain in effect through the 30th day of April, 1986, and continue in effect from qear to year thereafter unless notice to change or to terminate is given in the manner provided in 28. 2. 28.2 If either party desires to terminate or modify this AGREEMENT effective as of the date of expiration, the party wishing to modify or term.inate the AGREEMENT shall give written notice to the other party, aot more than ninety (90) or less than sixty (60) calen�ar days prior to the expirati�n date, provided that the AGREEMENT may oniy be so terminated or modified effective as of the expiration date. 28.3 In consideration of the terms and conditions of employment established. bq this AGREEMEDTT and the recognition that the GRIEVANCE PROCEDURE herein established is the means by which grievances concerning its � application or interpretation may be peacefully resolved, the parties � hereby pledge that during the term of the AGREEMENT: 28.31 The UNION and the employees will not engage in, instigate or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work or absent themselves in whole or part from the full, faithful performance of their duties of employment. �. 28.32 The II�LOYER will not engage in, instigate or condone any lockout of employees. 28.33 This constitutes a tentative AGREEMENT between the parties which will be recommended by the School Board Negotiator, but is subject to the approval of the School Board, the Administration of the City, and is also subject to ratif ication bq the UNION. ?�GREED to this LL�day of � , 1984, and attested to as the full and complete understanding of th parties for the period of time herein specified by the signature of the following representatives for `the EMPLOYER and the UNION. WITNESSES: INDEPENDENT SCHOOL DISTRICT N0. 625 BRICKLAYERS, MASONS, ��IARBLE-MASONS, CEMENT BLOCRLAYERS AND TUCKPOINTERS �� . LOCAL N0. 1 � � � ' ('.� �' �' ' � , v` Scho Board Negotiat r Business Manager � . � Chairman, Board of Education - 19 - G'F��-is�3 APPENDIX A � The classes of positions recognized by the EMPLOYER as being exclusively represented by the UNION are as follows: Bricklayer Stone Mason Apprentice Masonry Inspector and other classes of positions that may be established by the ENIPLOYER where the duties and responsibilities assigned come within the jurisdiction . of the UNION. • • - A1 - (��is.�3 APPENDIX C � The basic hourly wage rate for provisional, regular, and probationary employees appointed to the following classes of positions and not receiving the fringe benefits listed in Article 12.2 shall be: Effective Effective 4-28-84 4-30-85 ' Bricklayer . . . . . . . . . . . . . . . . . . $16.23* $16.23* Bricklayer Foreman . . . . . . . . . . . . . . 17.34* 17.34* Stone Mason. . . . . . . . . . . . . . . . . . 16.23* 16.23* Masonry Inspector. . . . . . . . . lst step 16.23* 16.23* • 2nd step 17.34* 17.34* � 3rd step 17�72* ** � The basic hourly wage rate for temporary and emergency employees appointed to the following classes of positions shall be: Effective Effective 4-28-84 4-30-85 Bricklayer . . . . . . . . . . . . . . . . . . $16.88* $16.88* � Bricklayer Foreman . . . . . . . . . . . . . . 18.03* 18.03* Masonry Inspector. . . . . . . . . lst step $16.88* 16.88* 2nd step 18.03* 18.03* 3rd step 18.43* ** The basic hourly wage rate for regular employees appointed to the following classes of positions who are receiving the fringe benefits listed in Article 12.2 shall be: Effective Effective 4-28-84 4-30-85 Bricklayer . . . . . . . . . . . . . . . . . . $15.38 *** Bricklayer Foreman . . . . . . . . . . . . . . 16.35 *** Masonry Inspector. . . . . . . . . lst step 15.38 *** 2nd step 16.35 *** 3rd step 17.56 *** � - C1 - Appendix C (continued) *This rate includes the taxable vacation contribution of $1.00. � **The April 30, 1985 temporary wage rate in this contract will be the average of the temporary rates used by the City for Carpenter Foreman, Electrician Foreman, Sheet Metal Worker Foreman, , Plumber Foreman, and Plasterer Foreman on April 30, 1985. The provisional and regular rate shall be the temporary rate divided by , 1.04. ***The April 30, 1985 hourly wage rates in this contract will be the rates � as shown below less the cost of sick leave usage for 1984 and less the cost of health and life insurance for the period Ma.y, 1984 through , April, 1985 and vacation for 1985 incurred by the employer for employees in this bargaining unit. Bricklayer $20.07 Bricklayer Foreman $21.22 Masonry Inspector ! lst step $20.07 2nd step $21.22 � Masonry Inspector 3rd step Average of the total package rates used by the City for Carpenter Foreman, Electrician Forema.n, Sheet Metal Worker Foreman, Plumber Foreman and Plasterer Foreman. All Masonry Inspectors shall be paid the appropriate step in accordance ' with Section I (one) , Subsection J of the Saint Paul Salary Plan and Rates of Compensation. If the Union elects to have the contributions listed in � Appendix D increased or decreased, the Employer may adjust the above applicable rates for participating employees in such a way that the total cost of the package (wage rate plus contribution) remains constant. � - C2 - ��is�� APPENDIX D � Effective May 1, 1984, the IIKPLOYER shall: (1) contribute $1.31 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this AGREEMENT, to a UNION-designated Health and Welfare Fund. Effective May 1, 1985 this contribution shall become $1.56 per hour. (2) contribute $1.63 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this AGREEMENT, to a Pension Fund. (3) contribute $1.00 per hour from which payroll deduction has been made for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this AGREEMENT, to a . Vacation Fund. , All contributions made in accordance with this Appendix shall be forwarded to depositories as directed by the UNION. The II�LOYER shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota statutes. Participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this AGREEMENT shall not be eligible for, governed by or accumulate • vacation, sick leave, holiday, funeral leave, jury duty or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance or Council Resolutions. The EMPLOYER'S fringe benefit obligation to participating employees as defined in Articles 12.3, 12.4, and 12.5 is limited to the contributions ' and/or deductions established by this AGREEMENT. The actual level of benefits provided to employees- shall be the responsibility of the Trustees of the various funds to which the EMPLOYER has forwarded contributions and/or deductions. � - D1 - `� BOARD MEE�jNG AGENDA REQUEST � �'��Jr-�-� � -v . � � All requests must be in the offce of the Deputy Superintendent one week in edvvnce of the " or meeting or w �c t e �tem is inten e . A �n ormet�on requeste �n t e spaces e ow r � rs to e prov� e . Fei u�e to provi e comp ete information will result in the item being re- ttnned to the administrator making the request and that person will be responsible for any delay thot results. Informction needed fo� the Board meeting should be sent with the agenda request. Twenfy-fiv�e copies of the materiel should be sent to the office of the Deputy Super- i�tendent at e t�me t e �equest is su mitte . ' Kenneth A. Berg Deputy Superintendent New employment agreec�ent with Board Meeting Dote September 4. 1984 �9�da Item Foofers Local 4�96 Requested by ' Phyllis �:. Byers' Department Negotiations Resolution: Yes �; No Att�o�ney's Approval �- , �- Budget to be charged 8udget Administrotor Expended to date � Total budgeted � Encumbered to dete � Belance in budget $ Informotion on the Ifem ive etc� e in rmot�on on the item. Information should include where the progrom is to operote, source of the funds, length of time or dvte. If more space is needed, use the other side of this sheet. Changes are as follows: OVERTL•�: The OVERTIIfE article has been cnanged to provide that ti.me-and-one-half for overtime hours will be paid in casn or in compensatory time, at the employer's option. SEVEF.AiJCE PAY: The WAGES article is amended to include new language on severance pay provisions with a maximum payment of $6,500. . WAGES, FRItdGE BENEFITS: The 24� per hour total package increase is distributed • between wages and fringe costs, depending on the cost of benefits usage for the prior year. The District nas one employee in this barQaining unit. $ignature of cdministroto� submitting request ' Date ,.____ _t „�_�e.�e.,t ; � nn f;_1e in the Neaotiations Office. � � � ��/s.�3 i I N D E X _ ARTICLE TITLE PAGE Preamble iii I Purpose 1 II Recognition 1 III Employer Rights 1 IV Union Rights 2 V Scope of the Agreement 2 , VI Probationary Periods 3 VII Philosophy of Employment and Compensation 3 VIII Hours of Work 4 . IX Overtime 5 X Call Back 5 %I Work Location 6 XII Wages 7 XIII Fringe Benefits 11 %IV Selection of Foreman and General Foreman 11 XV Holidays 12 XVI Disciplinary Procedures 13 • XVII Absences from Work 13 XVIII Seniority 14 XIX Jurisdiction 15 XX Separation 15 XRI Tools 15 XXII Grievance Procedure 16 XXIII Right of Subcontract 19 XXIV Non-discrimination 19 XXV Severability 19 XXVI Waiver 20 ' XXVII Mileage-Independent School District No. 625 20 XXVIII Duration and Pledge 21 Appendix A A1 Appendix B B1 Appendix C C1 Appendix D D1 • - ii - P R E A M B L E � This AGREEMENT is entered into between Independent School District No. 625, hereinafter referred to as the II�IPLOYER, and the United Slate and Tile and Composition Roofers, Damp and Waterproof Workers Association, Roofers Local 96, hereinafter referred to as the TJNION. The �LOYER and the UNION concur that this AGREEMENT has as its objective the promotion of the responsibilities of the City for the benefit of the general public through effective labor-management cooperation. The EMPLOYER and the UNION both realize that this goal depends not � only on the words in the AGREEMENT but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the II�LOYER, the UNION, and the individual employees will best serve the ' needs of the general public. • • - iii - �--�y-�s�3 ARTICLE I - PURPOSE • 1. 1 The EMPLOYER and the UNION agree that the purpose for entering into this AGREEMENT is to: 1.11 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and , well-being of all concerned; 1. 12 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the II�IPLOYER and the UNION; , 1.13 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this AGREEMENT without loss of manpower productivity. 1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a supplement to legislation that creates and directs the EMPLOYER. If any part of this AGREEMENT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (SEVERABILITY) . � ARTICLE II - RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisional, temporary, and emergency employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-511-A dated May 11, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. ARTICLE III - IIrIPLOYER RIGHTS 3. 1 The EMPLOYER retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 3.2 Any "term or condition of employment" not established by this AGREEMENT shall remain with the EMPLOYER to eliminate, modify or • establish following written notification to the UNION. - 1 - ARTICLE IV - UNION RIGHTS 4.1 The �LOYER shall deduct from the wages of employees who authorize • such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies deducted shall be remitted as directed by the UNION. 4.11 The IIKPLOYER shall not deduct dues from the wages of employees covered by this AGREEMENT for any other labor organization. 4. 12 The UNION shall indemnify and save harmless the EMPLOYER from any and all claims or charges made against the EMPLOYER as a result of the implementation of this ARTICLE. 4.2 The UNION may designate one (1) employee from the bargaining unit to • act as a Steward and shall inform the II�IPLOYER in writing of such designation. Such employee shall have the right and responsibilities as designated in Article 22 (GRIEVANCE PROCEDURE) . • 4.3 Upon notification to a designated EMPLOYER supervisor, the Business Ma.nager of the UNION or his designated representative shall be permitted to enter the facilities of the EMPLOYER where employees covered by this AGREEMENT are working. ARTICLE V - SCOPE OF THE AGREEMENT � 5. 1 This AGREEMENT establishes the "terms and conditions of employment" defined by M. S. 179.63, Subdivision 18, for all employees exclusively represented by the UNION. This AGREEMENT shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. • - 2 - ��i��3 ARTICLE VI - PROBATIONARY PERIODS � 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) months' probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6. 11 At any time during the probationary period an employee may be terminated at the discretion of the EMPLOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE) . 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a , copy of which shall be sent to the UNION. 6.2 All personnel promoted to a higher class of positions shall serve a , six (6) months' promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.21 At any time during the promotional probationary period an employee may be demoted to the employee's previously-held class of positions at the discretion of the II�LOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE) . 6.22 An employee demoted during the promotional probationary period � shall be returned to the employee's previously-held class of positions and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the UNION. / ' ARTICLE VII - PHILOSOPHY OF IIKPLOYMENT AND COMPENSATION 7. 1 The EMPLOYER and the UNION are in full agreement that the philosophy of employment and compensation shall be a "cash" hourly wage and � "industry" fringe benefit system. 7.2 The EMPLOYER shall compensate employees for all hours worked at the � basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (WAGES) and 13 (FRINGE BENEFITS) . 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this AGREEMENT; except those employees who have individually optioned to be "grandfathered" as provided by 12.2. � - 3 - ARTICLE VIII - HOURS OF WORK 8. 1 The normal work day shall be eight (8) consecutive hours per day, i excluding a thirty (30) minute unpaid lunch period, between 7:00 a,m. and 5:30 p.m. 8.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 8.3 If, during the term of this AGREEMENT, it is necessary in •the II�LOYER'S judgment to establish second and third shifts or a work week of other than Monday through Friday, the UNION agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.6 All employees are subject to call-back by the EMPLOYER as provided by Article 10 (CALL BACK) . 8.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the • basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. • - 4 - � ��is.� ARTICLE IX - OVERTIME S9.1 Overtime. Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by order of the head of the department. An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the EMPLOYER. 9.2 The overtime rate of one and one-half (1�) times the basic hourly rate shall be paid for work performed under the following circumstances: 9.21 Time worked in excess of eight (8) hours in any one normal work , day, and 9.22 Time worked in excess of forty (40) hours in a seven (7) day . period. 9.3 For the purposes of calculating overtime compensation, overtime hours worked shall not be "pyramided", compounded or paid twice for the same hours worked. 9.4 Overtime shall be paid in cash or compensatory time as determined by the Employer. • ARTICLE X - CALL BACK 10. 1 The EMPLOYER retains the right to call back .employees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 10.2 Employees called back shall receive a minimum of four (4) hours' pay at the basic hourly rate. � 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9 (OVERTIME) , when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME) . • - 5 - ARTICLE XI - WORK LOCATION 11. 1 Employees shall report to work location as assigned by a designated � IIKPLOYER supervisor. During the normal work day, employees may be assigned to other work locations at the discretion of the EMPLOYER. 11.2 Employees assigned to work locations during the normal work day other than their original assignment, and who are required to furnish their own transportation, shall be compensated for mileage. � • - 6 - � yy-�.�s3 ARTICLE XII - WAGES � 12. 1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Employees who are coeered by the fringe benefits listed below shall continue to be covered by such benefits. They shall be subject to all other provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.21 Insurance benefits as established by City of Saint Paul Resolutions. 12.22 Sick leave as established by Resolution No. 3250, Section 20. 12.23 Vacation as established by the Saint Paul Salary Plan and . Rates of Compensation, Section I, Subdivision H, 12.24 Nine (9) legal holidays as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision I. 12.25 Severance benefits as established by the School District's Severance Pay Plan with a maximum payment of $4,000. or as � established by Section 12.26 of this Article. 12.26 Severance Pay: Provisions effective September 1, 1984. The � Employer shall provide a severance pay program as set forth in this Section: 12.26. 1 To be eligible for the severance pay program, an employee must meet the following requirements: 12.26. 11 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" or the "rule of 85" provisions of the Public Employees Retirement Association (PERA) . The "rule of 90" or the "rule of 85" criteria shall also apply to � employees covered by a public pension plan other than PERA. � 12.26. 12 The employee must be voluntarily separated from School District employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency or any other disciplinary reason are not eligible for this severance pay program. • - 7 - Article XII - Wages (continued) 12.26.13 The employee must have at least ten (10) � years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this Article, employment in either the City of Saint Paul or in Independent School � District No. 625 may be used in meeting this ten- (10) year service requirement. 12.26. 14 The employee must file a waiver of re-employment with the Director of Personnel, which will clearly indicate that by requesting severance pay, the employee waives � all claims to reinstatement or re-employment (of any type) with the City of Saint Paul or with Independent School District No. 625. � 12.26.15 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 12.26.2 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by � the employee on the date of separation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 12.26.3 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. 12.26.4 For the purpose of this severan-ce pay program, a death of an employee shall be considered as separation of employment and, if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or . spouse. 12.26.5 For the purpose of this severance pay program, a transfer . from Independent School District No. 625 employment to City of Saint Paul employment is not considered a separation of employment, and such transferee shall not be eligible for this severance program. 12.26.6 The manner of payment of such severance pay shall be made in accordance with the provisions of the School District Severance Pay Plan already in existence. • - 8 - �P�-iss3 Article XII - Wages (continued) � 12.26.7 This severance pay program shall be subject to and governed by the provisions of the original School District Severance Pay Plan (which allows $4,000 maximum payment) except in those cases where the specific provisions of this section conflict with said Severance Pay Plan and in such cases, the provisions of this section shall control. 12.26.8 Any employee hired prior to February 15, 1974 may, in any event, and upon meeting the qualifications of this section or the original School District Basic Severance Pay Plan (which allows $4,000 . maximum payment) , draw severance pay. However, an election by the employee to draw severance pay under either this section or the basic School . District Severance Pay Plan shall constitute a bar to receiving severance pay from the other. 12.26.9 An employee of Independent School District No. 625 shall not be eligible for the severance pay provision of this section if such employee is also eligible and a recipient of Early Retirement ' Incentive paymen� under the Memorandum of Agreement with the exclusive representative dated November 2, 1983. � 12.27 The EMPLOYER will for the period of this AGREEMENT provide for employees working under the titles as listed in Appendix A who retire after the time of execution of this AGREEMENT or who have retired since September 1, 1974, and until such employees reach sixty-five (65) years of age such life, hospital and medical insurance benefits as are provided by the EMPLOYER. 12.28 In order to be eligible for the benefits under the provision of 12.27 the employee must: 12.28.1 Be receiving benefits from a public employee retiree � act at the time of retirement. 12.28.2 Have severed his relationship with the City of Saint � Paul and Independent School District No. 625 under one of the early retiree plans. 12.28.3 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. i - 9 - Article XII - WAGES (continued) 12.3 Regular employees not covered by the fringe benefits listed in Article � 12.2 shall be considered, for the purposes of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12. 1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS). 12.4 Prbvisional, temporary, and emergency employees shall be considered, for the purposes of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12. 1 (WAGES) and have fringe benefit contributions and/or deductions ma.de in their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.5 All regular employees employed after February 15, 1974, shall be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and � have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . - . i - �o - ��1 iss3 ARTICLE XIII - FRINGE BENEFITS • 13. 1 The EMPLOYER shall make contributions on behalf of and/or make deductions from the wages of employees covered by this AGREEMENT in accordance with Appendix D for all hours worked. ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN 14.1 The selection of personnel for the class of position of Foreman shall remain solely with the EMPLOYER. � 14.2 The class of position of Foreman shall be filled by employees of the bargaining unit on a "temporary assignment". 14.3 All "temporary assignments" shall be made only at the direction of a designated EMPLOYER supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) norma.l work day. • _ . - 11 - ARTICLE XV - HOLIDAYS 15.1 The following nine (9) days shall be designated as holidays: � New Year's Day, January 1 Presidents' Day, Third Monday in February Memorial Day, Last Monday in May Independence Day, July 4 Labor Day, First Monday in September Columbus Day, Second Monday in October Veterans' Day, November 11 Thanksgiving Day, Fourth Thursday in November Christmas Day, December 25. 15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated � holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The nine (9) holidays shall be considered non-work days. 15.4 If, in the judgment of the EMPLOYER, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article X (CALL BACK). 15.5 Employees working on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 15.6 In the case of Board of Education employees, if Presidents' Day, • Columbus Day or Veterans' Day falls on a day when school is in session, the employees shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be a day on which school is not in session and shall be determined by agreement between the employee and his supervisor. � • - 12 - �-��iss3 ARTICLE XVI - DISCIPLINARY PROCEDURES � 16.1 The EMPLOYER shall have the right to impose disciplinary actions on employees for just cause. 16.2 Disciplinary actions by the EMPLOYER shall include only the following actions: 16.21 Oral reprimand; 16.22 Written reprimand; 16.23 Suspension; 16.24 Demotion; 16.25 Discharge. _ 16.3 Employees who are suspended, demoted or discharged shall have the right to request that such actions be reviewed by the Civil Service ' Commission or a designated Board of Review. The Civil Service . Commission or a designated Board of Review shall be the sole and exclusive means of reviewing a suspension, demotion or discharge. No appeal of a suspension, demotion or discharge shall be considered a "grievance" for the purpose of processing through the provisions of Article 22 (GRIEVANCE PROCEDURE) . ARTICLE XVII - ABSENCES FROM WORK � 17.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (DISCIPLINARY PROCEDURES) . 17.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a "quit" by the II�4PLOYER on the part of the employee. • - 13 - ARTICLE XVIII - SENIORITY 18.1 Seniority, for the purposes of this AGREEMENT, shall be defined as � follows: 18.11 "Master Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the last date of employment in any and all class titles covered by this AGREEMENT. 18.12 "Class Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the date an employee was first appointed to a class title covered by this AGREEMENT. 18.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is • granted to allow an employee to accept an appointment to the unclassified service of the EMPLOYER or to an elected or appointed full-time position with the UNION. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the II�2PLOYER that it is necessary to reduce the work force, employees will be laid off by class title within each department based on inverse length of "Class Seniority". � Employees laid off shall have the right to reinstatement in any lower-paid class title, provided employee has greater "Master Seniority" than the employee being replaced. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", sub�ect to the approval of the EMPLOYER. • - 14 - ��y�s3� ARTICLE XIX - JURISDICTION S19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of the EMPLOYER. 19.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 19.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the II�LOYER shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the EMPLOYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict the II�IPLOYER'S basic right to assign work. 19.4 Any employee refusing to perform work assigned by the II�LOYER and as . � clarified by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (DISCIPLINARY PROCEDURES) . 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. � ARTICLE XX - SEPARATION 20. 1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 20. 11 Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20. 12 Discharge. As provided in Article 16. � 20. 13 Failure to Report for Duty. As provided in Article 17. 20.2 Employees having an emergency, temporary or provisional employment status may be terminated at the discretion of the EMPLOYER before the completion of a normal work day. ARTICLE XXI - TOOLS 21. 1 All employees shall personally provide themselves with the tools of • the trade as listed in Appendix B. - 15 - ARTICLE XXII - GRIEVANCE PROCEDURE 22.1 The ENIPLOYER shall recognize stewards selected in accordance with ! UNION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the names of the stewards and of their successors when so named. 22.2 It is recognized and accepted by the EMPLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the steward and the employee have notified and received the approval _ of their supervisor to be . absent to process a grievance and that such absence would not be detrimental to the work programs of the EMPLOYER. 22.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 16.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. 22.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this AGREEMENT, the employee involved shall attempt to resolve � the ma.tter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance, a designated EMPLOYER Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance rema.ins unresolved, the II�iPLOYER shall reply in writing to the UNION within three (3) calendar days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. . - 16 - C'F�y�s.�� Article XXII - Grievance Procedure (continued) � Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated EMPLOYER supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the EMPLOYER shall reply in writing to the UNION stating the IIKPLOYER'S answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. Step 4. If the grievance remains unresolved, the UNION may within seven (7) calendar days after the response of the EMPLOYER . in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the ENIF'LOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven- (7) day period, either party may request the Public Employment Relations Board to submit a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION • shall strike the first (lst) name; the EMPLOYER shall then _ strike one (1) name. The process will be repeated and the rema.ining person shall be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the II�LOYER, the UNION, and the employees. • - 17 - Article XXII - Grievance Procedure (continued) 22.6 The fees and expenses for the arbitrator's services and proceedings � shall be borne equally by the ENIPLOYER and the UNION, provided that each party shall be responsible for compensating its own representative and witnesses. If either party cancels an arbitration hearing or asks for a last-minute postponement that leads to the arbitrator's making a charge, the canceling party or the party asking for the postponement shall pay this charge. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. � • - 18 - � ��'��5.�3 ARTICLE XXIII - RIGHT OF SUBCONTRACT � 23.1 The EMPLOYER may, at any time during the duration of this AGREEMENT, contract out work done by the employees covered by this AGREEMENT. In the event that such contracting would result in a reduction of the work force covered by this AGREEMENT, the EMPLOYER shall give the UNION a ninety (90) calendar day notice of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by this AGREEMENT shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE XXIV - NON-DISCAIMINATION ' 24.1 The terms and conditions of this AGREEMENT will be applied to employees equally without regard to or discrimination for or against, any individual because of race, color, creed, sex, age or because of membership or non-membership in the UNION. 24.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. . ARTICLE XXV - SEVERABILITY 25. 1 In the event that any provision(s) of this AGREEMENT is declared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 25.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the AGREEMENT in compliance with the � legislative, administrative or judicial determination. � - 19 - ARTICLE XXVI - WAIVER 26.1 The EMPLOYER and the UNION acknowledge that during the meeting and � negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this AGREEMENT. 26.2 Therefore, the EMPLOYER and the UNION for the duration of this AGREEMENT agree that the other party shall not be obligated to meet and negotiate over any term or condition of employment whether specifically covered or not specifically covered by this AGREEMENT. The UNION and EMPLOYER may, however, mutually agree to modify any provision of this AGREEMENT. . 26.3 Any and all prior ordinances, agreements, resolutions, practices, ' policies, and rules or regulations regarding the terms and conditions � of employment, to the extent they are inconsistent with this AGREEMENT, are hereby superseded. ARTICLE XXVII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625 27. 1 Employees of the School District under policy adopted by the Board of S Education may be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, employees must receive authorization from the District Mileage Committee utilizing one of the following plans: PLAN "A" is reimbursed at the rate of 23� per mile. In addition, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount can be the experience of another working in the same or similar position. � Under this plan, it is necessary for the employee to keep a record of each trip made. PLAN "C" provides for reimbursement based on a per month "lump sum amount. This amount is determined by the employee's driving experience under Plan "A" for a period of 3 to 6 months. Those employees receiving an auto allowance under this plan must report monthly the number of days the car was available during the month. A deduction must be made from the lump sum amount for each day the employee is on vacation. A deduction need not be made for an occasional day of illness or for holiday. � - 20 - ARTICLE XXVIII - DUR.ATION AND PLEDGE � a �i/�� • 28. 1 This AGREEMENT shall become effective as of the date of signing, except as specifically provided otherwise in Articles 12 and 13, and shall remain in effect through the 30th day of April, 1985, and continue in effect from year to year thereafter unless notice to . change or to terminate is given in the manner provided in 28.2. 28.2 If either party desires to terminate or modify this AGREEMENT effective as of the date of expiration, the party wishing to modify or terminate the AGREEMENT shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided that the AGREEMENT may only be so terminated or modified effective as of the expiration date. 28.3 In consideration of the terms and conditions of employment established � by this AGREEMENT and the recognition that the GRIEVANCE PROCEDURE _ � herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the AGREEMENT: 28.31 The UNION and the employees will not engage in, instigate or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work or absent themselves in whole or in part from the full, faithful performance of their duties of employment. � 28.32 The II�LOYER will not_engage in, instigate or condone any lockout of employees. 28.33 This constitutes a tentative AGREEMENT between the parties which will be recommended by the School Board Negotiator, but is subject to the approval of the School Board, the Administration of the City, and is also subject to ratification by the UNION. AGREED to this /oZ��day of s��' 1984, and attested to as the full , and complete understanding of the parties for the period of time herein specified by the signature of the following representatives for the II�LOYER and the UNION. WITNESSES: INDEPENDENT SCHOOL DISTRICT N0. 625 UNITED SLATE AND TILE AND COMPOSITION ROOFERS, DAMP AND WATERPROOF WORKERS ASSOCIATION, �--� LOCAL 96 �' -�'P � , �` �' �� • Scho 1 Board Negotiat Business anager �, .� �• /% . ;�,� ;--��- � ', . G"� . Chairman, Boar of Education ` - 21 - ��-�s�� APPENDIX A � The classes of positions recognized by the EMPLOYER as being exclusively represented by the UNION are as follows: Roofer Foreman Roofer � Apprentice and other classes of positions that may be established by the EMPLOYER where the duties and responsibilities assigned come within the jurisdiction of the UNION. • � - A1 - APPENDIX B All necessary hand tools. � � � - Bl - /�,F'y�-/s,s�' APPENDIX C The basic hourly wage rate for provisional, regular, and probationary � employees appointed to the following classes of positions and not receiving the fringe benefits listed in Article 12.2 shall be: Effective May 1, 1984 , Roofer. . . . . . . . . . . . . . . . . . . . . . . $ 15.85* Roofer Foreman. . . . . . . . . . . . . . . . . . . 17..05* The basic hourly wage rate for temporary and emergency employees appointed to the following classes of positions shall be: Effective • riay i, 1984 Roofer. . . . . . . . . . . . . . . . . . . . . . . $ 16.48* Roofer Foreman. . . . . . . . . . . . . . . . . . . 17.73* Apprentice 0 - S00 hours . . . . . . . . . . . . . . . . 66% of Roofer rate 501 - 1300 hours . . . . . . . . . . . . . . . 70X of Roofer rate 1301 - 2100 hours. . . . . . . . . . . . . . . 80� of Roofer rate 2101- 2900 hours . . . . . . . . . . . . . . . 85x of Roofer rate • 2901 - 3700 hours. . . . . . . . . . . . . . . 90x of Roofer rate 3701 - 4500 hours. . . . . . . . . . . . . . . 95% of Roofer rate . The basic hourly wage rate for regular employees appointed to the following class of positions who are receiving the fringe benefits listed ia Article 12.2 shall be: Effective rtay i, 1984 Roofer. . . . . . . . . . . . . . . . . . . . . . . $16.03 If the Union elects to have the contributions listed in Appendix D . increased or decreased, the Employer ma.y adjust the above applicable rates for participating employees in such a way that the total cost of the package (wage rate plus contributions) remains constant. • *This rate includes the $1.25 taxable vacation contribution. - C1 - (� �`�/5,�3 APPENDIX D � Effective May 1, 1984, the IIKPLOYER shall: _ (1) contribute $1.27 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this AGREEMENT, to a UNION-designated . Welfare Fund. (2) contribute $ .50 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this AGREEMENT, to a Pension Fund. (3) contribute $1.25 per hour from which payroll deduction has been made for all hours worked by participating employees as : defined in Articles 12.3, 12.4, and 12.5 covered by this AGREEMENT, to a Vacation Fund. . (4) contribute $ .10 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this AGREEMENT, to an Apprenticeship Training Fund. (5) contribute $1.15 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this AGREEMENT, to an Annuity Plan. � All contributions made in accordance with this Appendix shall be forwarded to depositories as directed by the UNION. The EMPLOYER shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota statutes. Participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this AGREEMENT, shall not be eligible for, governed by or accumulate vacation, sick leave, holiday, funeral leave, jury duty or insurance fringe benefits that are or may be established by Civil Service Rules, Council Ordinance or Council Resolution. The EMPLOYER'S fringe benefit obligation to participating employees as defined in Articles 12.3, 12.4, and 12.5 is limited to the contributions and/or deductions established by this AGREEMENT. The actual level of � benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the EMPLOYER has forwarded contributions and/or deductions. • - D1 - , � BOARD MEETING AGENDA REQUEST ��y� �� All requests must be in the office of the Deputy Superintendent one week in cdvonce of the ar meeting or w ic t e item is inten e . A in ormation requeste in t e spaces e ow is to e prov� e . Fai u�e to provi e comp ete information will result in the item being re- turned to the odministrotor making tht request and that person will be responsible for any delay that resulh. (nformation needed for the Board meeting should be sent with the ogenda request. Twenty-five copies of the meterial should be sent to the office of the Deputy Super- intendent ot e time t e request is su mitte . . /, Kenneth A. Berg Deputy Superintendent � '�'�� New employment agreent witn Board Meeting Dcte �g��=�; 1984 Agenda (tem Sheet Metal Workers Local 4r10 Requested by Phyllis E. Byers ' Depertment Negotiations Resolution; Yes X No Attorney's Approval ;:l�j r' Budget to be charged Budget Administrotor Expended to date $ Totcl budgeted $ Encumbered to date � Belance in budget $ Information on the Item �ve etei e �n rmetion on the item. Information should include where the program is to operate, source of the funds, (ength of time or date. If more space is needed, use the other side of this sheet. CHAIQGES ARE AS FOLLOWS: OVERTZi•1E: The OVERTIIIE article has been ciianged to provide that tiae-and-one-half for overtime hours will be paid in cash or in compensatory time, at the employer's option. SEVERANCE PAY: The WAGES article is amended to include new language on severance pay provisions with a maximum payment� of $6,500. . RETIREAIENT: The RETIRE?�ENT article is amended to show mandatory retirement is at age seventy. � The District has three employees in this bargaining unit. '�'� S 1g84 $ignature of administrator submitting request � � `L-,�v� Date �� , _ _ _ . _,_..�,,,.,,- ; � • �.� �� nn file in the `Negotiations Office. ��s�-3 • I N D E X ARTICLE TITLE PAGE Preamble iii I Purpose 1 II Recognition 1 III Employer Rights 1 IV Union Rights 2 V Scope of the Agreement 2 VI Probationary Periods 3 VII Philosophy of Employment and Compensation 3 . , VIII Hours of Work 4 IR Overtime 5 X Call Back 5 XI Work Location 6 XII Wages 7 XIII Fringe Benefits 10 XIV Selection of Foreman and General Foreman 10 XV Retirement 10 XVI Holidays 11 • XVII Disciplinary Procedures 12 XVIII Absences from Work 12 XIX Seniority 13 XX Jurisdiction 14 XXI Separation 14 XXII Tools 14 XXIII Grievance Procedure 15 XXIV Right of Subcontract 17 XXV Non-discrimination 17 XXVI Severability 17 ' XXVII Waiver 18 XXVIII Mileage - Independent School District No. 625 18 � XXIX Duration and Pledge 19 , Appendix A A1 Appendix B B1 Appendix C C1 Appendix D D1 • - ii - P R E A M B L E _ • This AGREEMENT is entered into between Independent School District No. 625, hereinafter referred to as the EMPLOYER, and the Sheet Metal Workers International Association Local 10, hereinafter referred to as the UNION. The II�LOYER and the UNION concur that this AGREEMENT has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. The II�LOYER and the UNION both realize that this goal depends not only on the words in the AGREEMENT but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of • the EMPLOYER, the UNION, and the individual employees will best serve the needs of the general public. • • - iii - �c��ss3 ARTICLE I - PURPOSE ! 1. 1 The IIKPLOYER and the UNION agree that the purpose for entering into this AGREEMENT is to: 1.11 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; 1.12 Set forth rates of pay, hours of work, and other conditions of employtnent as have been agreed upon by the EMPLOYER and the UNION; 1.13 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this AGREEMENT without , loss of manpower productivity. 1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a • supplement to legislation that creates and directs the IIyIPLOYER. If any part of this AGREEMENT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 26 (SEVERABILITY). ARTICLE II - RECOGNITION • - 2. 1 The EMPLOYER recognizes the UNION as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisional, temporarq, and emergency employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-513-A dated May 15, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. ARTICLE III - EMPLOYER RIGHTS , 3.1 The EMPLOYER retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this AGREEMENT. � 3.2 Any "term or condition of employment" not established by this AGREEMENT shall remain with the EMPLOYER to eliminate, modify or � • establish following written notification to the UNION. - 1 - ARTICLE IV - UNION RIGHTS 4.1 The II�LOYER shall deduct from the wages of employees who authorize ! such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies deducted shall be remitted as directed by the UNION. 4.11 The EMPLOYER shall not deduct dues from the wages of employees covered by this AGREEMENT for any other labor organization. ` 4.12 The UNION shall indemnify and save harmless the EMPLOYER from any and all claims or charges made against the EMPLOYER as a result of the implementation of this ARTICLE. 4.2 The UNION may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the EMPLOYER in writing of such designation. Such employee shall have the rights and responsibilities . as designated in Article 23 (GRIEVANCE PROCEDURE) . 4.3 Upon notification to a designated EMPLOYER supervisor, the Business • Manager of the UNION or his designated representative shall be permitted to enter the facilities of the II�LOYER where employees covered by this AGREEMENT are working. � ARTICLE V - SCOPE OF THE AGREEMENT 5. 1 This AGREEMENT establishes the "terms and conditions of employment" � defined by M. S. 179.63, Subdivision 18, for all employees exclusively represented by the UNION. This AGREEMENT shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. • - 2 - ��is.�� ARTICLE VI - PROBATIONARY PERIODS i6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) months' probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.11 At any time during the probationary period an employee may be terminated at the discretion of the E1�'LOYER without appeal to the provisions of Article 23 (GRIEVANCE PROCEDURE) . 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the UNION. . 6.2 All personnel promoted to a higher class of positions shall serve a six (6) months' promotional probationary period during which time the employee's fitness and ability to perform the class of positions' • duties and responsibilities shall be evaluated. 6.21 At any time during the promotional probationary period an employee may be demoted to the employee's previously-held class of positions at the discretion of the ENNLPLOYER without appeal to the provisions of Article 23 (GRIEVANCE PROCEDURE) . 6.22 An employee demoted during the promotional probationary period • shall be returned to the employee's previously-held class of positions and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the UNION. ARTICLE VII - PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7. 1 The EI�LOYER and the UNION are in full agreement that the philosophy of employment and compensation shall be a "cash" hourly wage and "industry" fringe benefit system. 7.2 The IIKPLOYER shall compensate employees for all hours worked at the , basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (WAGES) and 13 (FRINGE BENEFITS) . . 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this AGREEMENT; except those employees who have individually optioned to be "grandfathered" as provided by 12.2. • - 3 - ARTICLE VIII - HOURS OF WORK 8. 1 The normal work day shall be eight (8) consecutive hours per day, , excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 8.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER'S judgment to establish second and third shifts or a work week of other than Monday through Friday, the UNION agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This section shall not be construed as, �nd is not a guarantee of, any hours of work per normal work day or per normal work week. • 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at ' an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.6 All employees are subject to call-back by the EMPLOYER as provided by Article 10 (CALL BACK). 8.7 Employees reporting for work at the established starting time and for � whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. • - 4 - ��-��3 ARTICLE IX - OVERTIME � 9. 1 All overtime compensated for by the EMPLOYER must receive prior authorization from a designated EMPLOYER supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 9.2 The overtime rate of one and one-half (1�) the basic hourly rate shall be paid for work performed under the following circumstances: 9.21 Time worked in excess of eight (8) hours in any one normal work day, and 9.22 Time worked on a sixth (6th) day following a normal work week. . 9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the following circumstances: • 9.31 Time worked on a holiday as defined in Article 16 (HOLIDAYS) ; 9.32 Time worked on a seventh (7th) day following a normal work week; and 9.33 Time worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour period, provided that all "emergency" work required by "Acts of God" shall be compensated at the rate of one • and one-half (1�). 9.4 For the purposes of calculating overtime compensation, overtime hours worked shall not be "pyramided", compounded or paid twice for the same hours worked. 9.5 Overtime hours worked as provided by this ARTICLE shall be paid in cash or in compensatory time as determined by the Employer. ARTICLE X - CALL BACK 10. 1 The EI�LOYER retains the right to call back employees before an � employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 10.2 Employees called back shall receive a minimum of four (4) hours' pay at the basic hourly rate. 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9 (OVERTIME) , when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal � work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME) . - 5 - ARTICLE XI - WORK LOCATION 11.1 Employees shall report to work location as assigned by a designated ! EMPLOYER supervisor. During the norma.l work day, employees may be assigned to other work locations at the discretion of the EMPLOYER. 11.2 Employees assigned to work locations during the normal work day other than their, original assignment, and who are required to furnish their own transportation, shall be compensated for mileag�. � • - 6 - ��i�� ARTICLE XII - WAGES � 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Employees who are covered by the fringe benefits listed below shall continue to be covered by such benefits. They shall be subject to all other provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS). 12.21 Insurance benefits as established by City of Saint Paul Resolutions including life, hospital, and health insurance for early retirees who have retired since February 1, 1975. In order to be eligible for the health benefits under the early retiree provision, the employee must: 12.21.1 Be receiving benefits from a public employee retirement act at the time of retirement. 12.21.2 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 12.21.3 Inform the Personnel Office of the City of Saint Paul , in writing within 60 days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. • 12.22 Sick leave as established by Resolution No. 3250, Section 20. 12.23 Vacation as established by Resolution No. 6446, Section I, Subdivision H; however, employees in this bargaining unit, covered by this vacation provision, shall be granted vacation at the rate of 160 hours in each calendar year. 12.24 Nine (9) legal holidays as established by Resolution No. 6446, Section I, Subdivision I. 12.25 Severance benefits as established by the School District's Severance Pay Plan with a maximum payment of $4,000. or as established by Section 12.26 of this Article. 12.26 Severance Pay: Provisions effective September 1, 1984. The Employer shall provide a severance pay program as set forth in this Section: 12.26. 1 To be eligible for the severance pay program, an employee must meet the following requirements: 12.26.11 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" or the "rule of 85" provisions � of the Public Employees Retirement Association (PERA) . The "rule of 90" and the "rule of 85" criteria shall also apply to employees covered by a public pension plan other than PERA. - 7 - Article XII - Wages (continued) 12.26.12 The employee must be voluntarily separated � from School District employment or have been subject to separation by layoff or compulsory retirement. Those employees who are dis- charged for cause, misconduct, inefficiency, incompetency or any other disciplinary reason are not eligible for this severance pay program. � 12.26.13 The employee must have at least ten (10) years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this Article, employment in either the City of Saint Paul or in Independent School � District No. 625 may be used in meeting this ten- (10) year service requirement. 12.26.14 The employee must file a waiver of re- employment with the Director of Personnel, which will clearly indicate that by request- ing severance pay, the employee waives all claims to reinstatement or re-employment (of any type) with the City of Saint Paul or with Independent School District No. 625. • 12.26. 15 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 12.26.2 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an a.�ount equal to one-half of the. daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 12.26.3 The maximum amount of money that any employee may . obtain through this severance pay program is $6,500. 12.26.4 For the purpose of this severance pay program, a death of an employee shall be considered as separation of employment and, if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. � 12.26.5 For the purpose of this severance pay program, a trans- fer from Independent School District No. 625 employment to City of Saint Paul employment is not considered a . separation of employment, and such transferee shall not be eligible for this severance program. - 8 - ��/5,5� Article XII - Wages (continued) 12.26.6 The manner of payment of such severance pay shall be � made in accordance with the pro�risions of the School District Severance Pay Plan already in existence. 12.26.7 This severance pay program shall be subject to and gov- erned by the provisions of the original School District Severance Pay Plan (which allows $4,000 maximum payment) . � except in those cases where the specific provisions of this section conflict with said Severance Pay Plan and in such cases, the provisions of this section shall control. 12.26.8 Any employee hired prior to February 15, 1974 may, in any event, and upon meeting the qualifications of this section or the original School District Basic Severance . Pay Plan (which allows $4,000 maximum payment) , draw severance pay. However, an election by the employee to draw severance pay under either this section or the - basic School District Severance Pay Plan shall consti- tute a bar to receiving severance pay from the other. 12.26.9 An employee of Independent School District No. 625 shall not be eligible for the severance pay provision of this section if such employee is also eligible and a recipient of Early Retirement Incentive payment under anq Agreement between the exclusive representative and • the School District. ° 12.3 Regular employees not covered by the fringe benefits listed in Article 12.2 shall be considered, for the purposes of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.4 Provisional, temporary, and emergency employees shall be considered, for the purposes of this AGREErIENT, participating employees and shall be compensated in accordance with Article 12. 1 (WAGES) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.5 All regular employees employed after February 15, 1974, shall be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12. 1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . . - 9 - ARTICLE XIII - FRINGE BENEFITS 13. 1 The EMPLOYER shall make contributions on behalf of and/or make . deductions from the wages of employees covered by this AGREEMENT in accordance with Appendix D for all hours worked. ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN 14.1 The selection of personnel for the class of position Sheet Metal Foreman shall remain solely with the IIKPLOYER. 14.2 The class of position Sheet Metal Foreman shall be filled by employees of the bargaining unit on a "temporary assignment". . 14.3 All "temporary assignments" shall be made only at the direction of a designated IIKPLOYER supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day. ARTICLE XV - RETIREMENT 15. 1 All employees shall retire from employment with the II�PLOYER no later • than the last calendar day of the month in which an employee becomes seventy (70) years old. • - 10 - ��ss� ARTICLE XVI - HOLIDAYS 16.1 The following nine (9) days shall be designated as holidays: � New Year's Day, January 1 Presidents' Day, Third Monday in February Memorial Day, Last Monday in May Independence Day, July 4 Labor Day, First Monday in September , Columbus Day, Second Monday in October Veterans' Day, November 11 Thanksgiving Day, Fourth Thursday in November Christmas Day, December 25. 16.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, . the preceding Friday shall be considered the designated holiday. 16.3 The nine (9) holidays shall be considered non-work days. 16.4 If, in the �udgment of the EMPLOYER, personnel are necessary for operating or emergency reasons, employees may be scheduled or "cailed back" in accordance with Article 10 (CALL BACK) . 16.5 Employees working on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. • 16.6 In the case of Board of Education employees, if Presidents' Day, Columbus Day or Veterans' Day falls on a day when school is in session, the employees shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be a day on which school is not in session and shall be � determined by agreement between the employee and his supervisor. s _ 11 _ ARTICLE XVII - DISCIPLINARY PROCEDURES 17.1 The �LOYER shall have the right to impose disciplinary actions on � employees for just cause. 17.2 Disciplinary actions by the EMPLOYER shall include only the following actions: � 17.21 Oral reprimand; 17.22 Written reprimand; 17.23 Suspension; 17.24 Demotion; ll.25 Discharge. 17.3 Employees who are suspended, demoted or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Board of Review. The Civil Service • Commission or a designated Board of Review shall be the sole and exclusive means of reviewing a suspension, demotion or discharge. No appeal of a suspension, demotion or discharge shall be considered a • "grievance" for the purpose of processing through the provisions of Article 23 (GRIEVANCE PROCEDURE) . � ARTICLE XVIII - ABSENCES FROM WORK - 18.1 Employees who are unable to report for their normal work day have the , responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 18.2 Failure to make such notification may be grounds for discipline as provided in Article 17 (DISCIPLINARY PROCEDURES) . 18.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a "quit" by the EMPLOYER on the part of the employee. . - 12 - ��-,�� ARTICLE XIX - SENIORITY • 19. 1 Seniority, for the purposes of this AGREEMENT, shall be defined as follows: � 19.11 "Master Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the last date of employment in any and all class titles covered by this AGREEMENT. 19. 12 "Class Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the date an employee was first appointed to a class title covered by this AGREEMENT. 19.2 Seniority shall not accumulate �during an unpaid leave of absence, , except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the • unclassified service of the EMPLOYER or to an elected or appointed full-time position with the UNION. 19.3 Seniority shall terminate when an employee retires, resigns or is discharged. 19.4 In the event it is determined by the ENIPLOYER that it is necessary to reduce the work force, employees will be laid off by class title • within each Department based on inverse length of "Class Seniority". Employees laid off shall have the right to reinstatement in any lower-paid class title, provided employee has greater "Master Seniority" than the employee being replaced. 19.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", sub�ect to the approval of the EMPLOYER. s - 13 - ARTICLE XX - JURISDICTION 20.1 Disputes concerning work jurisdiction between and among unions is . recognized as an appropriate subject for determination by the various unions representing employees of the ENNiPLOYER. 20.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 20.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the II�LOYER shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the EMPLOYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict the EMPLOYER'S basic right to assign work. 20.4 Any employee refusing to perform work assigned by the EMPLOYER and as • clarified by Sections 20.2 and 20.3 above shall be subject to disciplinary action as provided in Article 17 (DISCIPLINARY PROCEDURES). ` 20.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE XXI - SEPAR.ATION � . 21.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 21. 11 Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 21. 12 Retirement. As provided in Article 15. 21. 13 Discharge. As provided in Article 17. 21. 14 Failure to Report for Duty. As provided in Article 18. . 21.2 Employees having an emergency, temporary or provisional employment status may be terminated at the discretion of the EMPLOYER before the - completion of a normal work day. ARTICLE XXII - TOOLS 22. 1 Al1 employees shall personally provide themselves with the tools of the trade as listed in Appendix B. • - 14 - G;/� a 7'�� ARTICLE XXIII - GRIEVANCE PROCEDURE � 23. 1 The II�LOYER shall recognize Stewards selected in accordance with UNION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the names of the Stewards and of their successors when so named. 23.2 It is recognized and accepted by the EMPLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a • grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be , detrimental to the work programs of the EMPLOYER. 23.3 The procedure established� by this ARTICLE shall be the sole and � exclusive procedure, except for the appeal of disciplinary action as provided by 17.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. 23.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this � AGREEMENT, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced . to writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. SteP 2. Within seven (7) calendar days after receiving the written . grievance, a designated II�IPLOYER supervisor shall meet with the UNION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UNION within three (3) calendar days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt • of the EMPLOYER'S answer shall be considered waived. - 15 - Article XXIII - Grievance Procedure (continued) Step 3. Within seven (7) calendar days following receipt of a i grievance referred from Step 2, a designated II�4PLOYER supervisor shall meet with the UNION Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the EMPLOYER shall reply in writing to the UNION stating the EMPLOYER'S answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. Step 4. , If the grievance remains unresolved, the UNION may within seven (7) calendar days after the response of the EMPLOYER • in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual � agreement of the EMPLOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said � seven- (7) day period, either party ma.y request the Public Employment Relations Board to submit a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION � shall strike the first (lst) name; the EMPLOYER shall then strike one (1) name. The process will be repeated and the rema.ining person shall be the arbitrator. 23.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator`s decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the . parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts � of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UNION, and the employees. 23.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. • 23.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. - 16 - ��/-�,s63 ARTICLE XXIV - RIGHT OF SUBCONTRACT � 24.1 The EMPLOYER may, at any time during the duration of this AGREEMENT, contract out work done by the employees covered by this AGREEMENT. In the event that such contracting would result in a reduction of the work force covered by this AGREEMENT, the EMPLOYER shall give the UNION a ninety (90) calendar day notice of the intention to subcontract. 24.2 The_ subcontracting of work done by the employees covered by this AGREEMENT shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE XXV - NON-DISCRIMINATION 25.1 The terms and conditions of this AGREIIKENT will be applied to employees equally without regard to or discrimination for or against, • any individual because of race, color, creed, sex, age or because of membership or non-membership in the UNION. 25.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve � other employees and the general public. • ARTICLE XXVI - SEVERABILITY 26. 1 In the event that any provision(s) of this AGREEMENT is declared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or� decree no appeal is taken, such provision(s) shall be voided. All other provisions shall �ontinue in full force and effect. 26.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the AGREII�ENT in compliance with the legislative, administrative or judicial determination. � - 17 - ARTICLE XXVII - WAIVER 27.1 The II�LOYER and the UNION acknowledge that during the meeting and � negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this AGREEMENT. 27.2 Therefore, the EN�LOYER and the UNION for the duration of this AGREII�IENT agree that the other party shall not be obligated to meet and negotiate over any term or condition of employment whether specifically covered or not specifically covered by this AGREEMENT. The UNION and II�LOYER may, however, mutually agree to modify any provision of this AGREEMENT. 27.3 Any and all prior ordinances, agreements, resolutions, practices, • policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this AGREEMENT, are liereby superseded. ' ARTICLE XXVIII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625 28.1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for � school business. To be eligible for such reimbursement, employees must receive authorization from the District Mileage Committee utilizing- one of the following plans: PLAN "A" is reimbursed at the rate of 23C per mile. In addition, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount can be the experience of another working in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip made. , PLAN "C" provides for reimbursement based on a per month "lump sum" amount. This amount is determined by the employee's driving • experience under Plan "A" for a period of 3 to 6 months. Those employees receiving an auto allowance under this plan must report monthly the number of days the car was available during the month. A deduction must be made from the lump sum amount for each day the employee is on vacation. A deduction need not be made for an occasional day of illness or for holiday. � - 18 - ��-�s�� ARTICLE XXIX - DURATION AND PLEDGE `• 29.1 This AGREEMENT shall become effective as of the date of signing, except as specifically provided otherwise in Articles 12 and 13, and shall remain in effect through the 30th day of April, 1985, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 29.2. 29.2 If either party desires to terminate or modify this AGREEMENT effectide as of the date of expiration, the party wishing to modify or terminate the AGREII�iENT shall give written notice to the other party, • not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided that the AGREEMENT may only be so terminated or modified effective as of the expiration date. 29.3 In consideration of the ter�ns and conditions of employment established by this AGREEMENT and the recognition that the GRIEVANCE PROCEDURE _ herein ,established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the AGREEMENT: 29.31 The UNION and the employees will not engage in, instigate or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work or absent themselves in whole or part from the full, faithful performance of their duties of employment. �;. 29.32 The II�LOYER will not engage in, instigate or condone any lockout of employees. 29.33 This constitutes a tentative AGREEMENT between the parties which will be recommended by the School Board Negotiator, but � is subject to the approval of the Administration of the City, Independent School District No. 625, and is also subject to ratification by the Association. AGREED to this I/�day of ��;��,(,�. 1984, and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representatives for the EMPLOYER and the ASSOCIATION: WITNESSES: INDEPENDENT SCHOOL DISTRICT N0. 625 SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, LOCAL 10 ��, � l' �- ,� �'� -�� /, �; Schoo Board Negotiat r ' ess Manager • / Chairman, Board of Education - 19 - �G�y— ,c�.s.� APPENDIX A � The classes of positions recognized by the EMPLOYER as being exclusively represented by the UNION are as follows: Senior Mechanical Inspector - Sheet Metal Sheet Metal Worker - Foreman Sheet Metal Worker Apprentice Sheet Metal Inspector and other classes of positions that may be established. by the EMPLOYER . where the duties and responsibilities assigned come within the jurisdiction - of the UNION. � � - A1 - APPENDIX B Tool Box � Whitney, Small Crescent Wrench or set of Open-end Wrenches Center Punches Hacksaw Frame Chisels Small Hand Tongs 6' Folding Rule • Screwdriver Scratch Awls Pliers Snips, Straight-aviation L and R Hammers (Tinners) Dolly Bar � Combination Square Prick Punch 10' Tape Dividers . � - B1 - ��i��3 APPENDIX C � The basic hourly wage rate for provisional, regular, and probationary employees appointed to the following class of positions and not receiving the fringe benefits listed in Article 12.2 shall be: Effective April 28, 1984 Sheet Metal Worker . . . : . . . . . . . . . . $18.08* Sheet Metal Worker Foreman . . . . . . . . . . 19.23* Sheet Metal Inspector. . . . . . . . . . . . . 19.23* Senior Mechanical Inspector - Sheet Metal. . . 20.00* - The basic hourly wage rate for temporary and emergency employees appointed to the following class of positions shall be: Effective April 28, 1984 Sheet Metal Worker. . . . . . . . . . . . . . $18.80* Sheet Metal Worker Foreman. . . . . . . . . . 20.00* • Sheet Metal Inspector . . . . . . . . . . . . 20.00* Senior Mechanical Inspector - Sheet Metal . . 20.80* The basic hourly wage rate for regular employees appointed to the following class of positions who are receiving the fringe benefits listed in Article 12.2 shall be: Effective April 28, 1984 Sheet Metal Worker. . . . . . . . . . . . . . $16.62 Sheet Metal Worker Foreman. . . . . . . . . . 17.55 Sheet Metal Inspector . . . . . . . . . . . . 17.59 . Senior Mechanical Inspector - Sheet Metal . . 18.23 If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the above applicable rates for participating employees in such a way that the total cost of the package (wage rate plus contributions) remains constant. � *These rates include the taxable vacation deduction. - Cl - ��i�-� APPENDIX D � Effective May 1, 1984, the ENIPLOYER shall: (1) contribute $1.51 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 of this AGREEMENT to a Welfare Fund. (2) acontribute $1.36 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 of this AGREEMENT to a Local Pension Fund. For employees covered by the former Minneapolis Sheet Metal Union Local Funds, this amount shall be $.78 per hour. (3) contribute $.36 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, � and 12.5 of this AGREEMENT to a National Pension Fund. � (4) deduct $1.60 per hour for all hours worked from the earnings . of participating employees as defined in Articles 12.3, 12.4, and 12.5 of this AGREEMENT, and forward to a Vacation Fund. (5) contribute $. 12 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 of this �GREEMENT to the Journeyman and Apprenticeship Training Fund. � The above contributions may be increased as long as the applicable hourly rates in Appendix C for participating employees are decreased by the same total amount. All contributions and deductions made in accordance with this Appendix shall be forwarded to depositories as directed by the UNION. ' The EMPLOYER shall establish Workers' Compensation and Unemployment � Compensation programs as required by Minnesota statutes. The EMPLOYER'S fringe benefit obligation to participating employees as defined in Articles 12.3, 12.4, and 12.5 is limited to the contributions and/or deductions established by this AGREEMENT. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the EI�LOYER has forwarded contributions and/or deductions. � - D1 -