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84-1731 WHITE - CITV CLERK PINK - FINANGE G I TY O F SA I NT PA U L Council CANARV - DEPARTMENT BLUE - MAVOR File NO. �� _� �/ � C�o ncil Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul approves and ratifies the attached 1984-1985 Maintenance Labor Agreements between the Independent School District No. 625 and the Plasterers Local No. 20 and the Cement Masons Local No. 560. Approved: Civil Service mmission, Chair COUIVCILMEN Requested by Department of: Yeas �� Nays Drew � In Favor Masanz / Nlcosia (9� scheibe� __ Against BY Tedesco Wilson '�O�n Zh DEC 2 7 � Form Appr d by Cit y Adopted by Council: Date � � Certified Yass d y o cil e BY c Y � \ t# d by lNavor. Dat c � � � App v y Mayor for Submissi t unc' By PUSLISHED �I�;F�; �;� 1�� Personnel ot�fice _ DEPARTh1ENT �'� -�7�/ _Tagn Sc�ht+nia CONTACT 29, 8-4221 pHONE December 6, 1984 DATE �� r � � (Routing and Explanation Sheet) Assign Number for Routing Order (Clip All Locations for Mayoral Signature): ;� Department Director ,� City Attorney �� 3 Qi rector of Management/Ma�yor ��' '�� . Finance and Mana �� gement Services Director City Clerk •Budget Di rector What Wi]1 be Achieved by Taking Action on the Attached Materials? (Purpose/Rationale): This resolution �approves the Agreements between the ISD #625 and the Plasterers Loca1 No. 20 and the Cement Masons Local No. 560. These Agreements have been approved by the School Board. The changes in the new Agreements are shown on the attached sheet. � Financial, Budgetary and Personnel Impacts Anticipated: None - applicable only to School District. Funding Source and Fund Activity Number Charaed or Credited: Attachments (List and Number all Attachments): 1. Resolution 2. Agreements - Plasterers & Cement Masons (2) 3. Copy for Ci�y� Clerk DEPAR T REVIEW CITY ATTORNEY REVIEI�I Yes Council Resolu i � t on Required? Resolution Required? T Yes No Yes N Insurance Required? Insurance Sufficient? Yes No �/� Yes No Insurance Attached? Revision of October, 1982 ��PP RPVPI"CP Sici� for Tnstructions) PLASTERERS LOCAL NO. 20 Severance Pay: The WAGES article is amended to include new language on severance pay provisions with a maximum payment of $6,500. Wages, Fringe Benefits: The 25C 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 has one employee in this bargaining unit. CEMENT MASONS NO. 560 OVERTIME: The OVERTIME article has been changed by deletion of a former pro- vision for double time pay for time worked in excess of 12 hours in a 24-hour period. This Agreement is for two years, with expiration on April 30, 1986. Contract settlement provided for no wage increase, and 25� per hour increase each year in the employer's contribution to the Union health and welfare fund. The District formerly used only occasional summer employees in this bargaining unit. There is as of August, 1984, one certified employee in the group. There is no cost impact of this new Agreement, as there was no wage increase. ��- ��/ • 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 11 XIV Selection of Foreman and General Foreman 11 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 18 XXIV Non-discrimination 18 XXV Severability 18 XXVI Waiver 19 XXVII Mileage-Independent School District No. 625 19 • XXVIII Duration and Pledge 20 Appendix A A1 ' Appendix B B1 Appendix C C1 Appendix D D1 Appendix E E1 • - 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 Operative Plasterers and Cement Masons International Association Local 20, hereinafter referred to as the UNION. The EMPLOYER and the UNION concur that this AGREEMENT has as its objective the promotion of the responsibility 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 II�LOYER, the UNION, and the individual employees will best serve the needs of the general public. . • • - iii - �.Fd'Y-�� l 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 paq, 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 bq Article 25 (SEVERABILITY). . ARTICLE II - RECOGNITION • 2.1 The EI�LOYER recognizes the UNION as the exclusive representative for collective bargaining purposes for all personnel having an emploqment 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-476-A dated April 13, 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 perfox� any inherent managerial function not specificallq 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 II�LOYER 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 �LOYER 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 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 � S. 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��r 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' probationar} 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 anq 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 - PflILOSOPHY 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 Article 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 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 Al1 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 - ��f��l i7.�l 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 time at the option of 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 Swork day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME) . - S - 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. � i - 6 - ��- /��/ 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 June 1, 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 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 ifor early retiree insurance benefits. 12.22 Sick leave as established by the 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 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. - 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 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. 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. - 8 - ��i 7�/ 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 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 ma.y, 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 electian 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 representative dated December 1, 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 A�REEMENT 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. _ I 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 employee 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 - � �'�{-r 7�/ 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 Emploqees 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 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. • - 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 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 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". Employees laid off shall have the right to reinstatement in any lower-paid class title previously held, 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", subject to the approval of the EMPLOYER. • - 12 - ��-i�� 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 ,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 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 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 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. i - 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 - ��f-- �7�� 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 II�IPLOYER'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 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 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 F.MPLOYER 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 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. � . - 16 - C��y��1 ARTICLE XXIII - RIGHT OF SUBCONTRACT S23. 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 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. • 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 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 ' AGREII�ENT 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 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 '�� 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 31st day of May, 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 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 tiy 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 herebq 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 dutq, willfully absent themselves from woric, 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 IIKPLOYER 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 and is also subject to ratification by the UNION. AGREID to this �_�ay of��C%Y�'(l�-��, 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 UNION. WITNESSES: INDEPENDENT SCHOOL DISTRICT N0. 625 OPERATIVE PLASTERERS AND CEMENT MASONS INTERNATIONAL ASSOCIATION �-- ,-� LOCAL 20 ' � � ' ,� -��,� � � ,�, , �► Schoo Board Negotiato Business Represen tive �_ �:`� � • / �--- Chairman, oard of Education - 19 - �� APPENDIX A � The classes of positions recognized by the EMPLOYEF. as being exclusively represented by the UNION are as follows: Plasterer Plasterer 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 - ��/7.� / 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 rla.y 26, 1984 May 25, 1985 Plasterer. . . . . . . . $ 16.01* $ 16.25* Plasterer Inspector. . . 18.20* *** The basic hourly wage rate for temporary and emergency employees appointed to the following classes of positions shall be: Effective Effective , May 26, 1984 riay 25, 1985 Plasterer. . . . . . . . $ 16.65* $ 16.90* � Plasterer Inspector. . . 18.93* *** 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 � May 26, 1984 May 25, 1985 Plasterer. . . . . . . . $ 15.29 ** Plasterer Inspector. . . 17.35 ** *These rates include the taxable vacation contribution of $1.50 per hour. **The May 25, 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. . Plasterer $20. 12 Plasterer Inspector Average of the 1985 total package � rates used by the City for Carpenter Foreman Electrician Foreman Sheet Metal Worker Foreman Plumber Foreman and Plasterer Foreman. ***The May 25, 1985 temporary and emergency hourly wage rate shall be the average of the 1985 temporary and emergency rates used for the Carpenter � Foreman, Electrician Foreman, Plumber Foreman, Plasterer Foreman, and Sheet Metal Foreman. The May 25, 1985 regular without benefit rate shall be the temporary and emergency rate divided by 1.04. - C1 - APPENDIX D Effective June 1, 1984, the EMPLOYER shall: � (1) contribute $1.50 per hour from which payroll deductions have been made for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 of this AGREII�ENT, for a Union-designated Vacation Fund. (2) cont'ribute $1.80 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. (3) contribute $1.40 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 of this AGREEMENT to the Pension Fund. (4) contribute $ .02 per hour for all hours worked by : participating employees as defined in Articles 12.3, 12.4, and 12.5 of this AGREEMENT to the Journeyman and , Apprenticeship Training Fund. . 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 II�LOYER'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 AGREIIrIENT. The actual level of benefits provided the employees shall be the responsibility of the Trustees of the various funds to which the EMPLOYER has forwarded contributions and/or deductions. The above contributions may be changed as agreed to by both parties; however, the total package (base rate plus fringe benefit contributions) cannot exceed the total package rate listed in Appendix "C". � - D1 - ��'�/--17�1 APPENDIR E � WORKING CONDITIONS FOR PLASTERER INSPECTOR As a result of the 1974 settlement, the Parties have established craft-determined rates for Plasterer Inspectors, with the specific understanding that such agreement is restricted to establishing rates of pay for such classifications. � It is, consequentlq, 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, with 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 � of 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. • i - E1 - � �� , I N D E X ARTICLE TITLE PAGE Preamble iii I Purpose 1 II Recognition 1 III Emploqer Rights 1 IV Union Rights 2 V Scope of Agreement 2 VI Probationarq Periods 3 VII Philosophy of Employment and Compensation 3 . � VIII Hours of Work 4 IR Overtime 5 % Call Back 5 XI Work Location _ 6 %II Wages 7 %III Fringe Benefits 8 RIV Selection of Foreman aad General Foreman 8 RV flolidays 9 XVI Disciplinary Procedures 10 • RVII Absences from Work 10 XVIII Seniority 11 XIX Jurisdiction 12 %% Separation 12 XRI Tools 12 X%II Grienance Procedure 13 %RIII Right of Subcontract 16 RRIV Non-discrimination 16 RXV Severability 16 %%VI Waiver 17 %XVII Mileage-Independent School District No. 625 17 XRVIII Duration and Pledge 18 Appendix A A1 , Appendiz B B1 Appendix C C1 Appendix D D1 • - ii - P R E A M B L E • This AGREII�ENT is entered into between Independent School District No. 625, hereinafter referred to as the EMPLOYER, and Operative Plasterers' and Cement Masons' International Association of the United States and Canada, Local 560, hereinafter referred to as the UNION. The EMPLOYER and the UNION concur that this AGREEI�NT 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 E�LOYER. and the UNION both realize that this goal depeads not only on the words in the AGREEMENT but rather primarily on attitudes � between people at all levels of responsibilit.q. Constructive attitudes of the F.hIl�LOYER, the UNION, and the individual employees will best serve the needs of the general public. _: • � • - iii - ��7� ARTICLE I - PURPOSE • 1.1 The E[�LOYER and the UNION agree that the purpose for entering into this AGREEMENT is to: 1.11 Achieve orderlq and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance tha.t 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 ENIPLOYER and the UNION; 1.I3 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 EL�LOYER and the UNION agree that this AGREEMENT serves as a - supplement to legislation that creates and directs the Eh8L0YER. If any part of this AGREFMBNT is in conflict with such legislatioa, 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 E[�LOYER recogaizes th� UNION as the exclusive representat3ve for collective bargaining purposes for all personnel having an employment status of regular, probationary, pronisional, temporary, and emergency employed in the classes of positions defined ia 2.2 as certified bq the Bureau of Mediation Sernices in accordance arith Case No. 73-PR-525-A dated May 22, 1973. 2.2 The classes of positions recognized as beiag exclusively represented by the IINION are as listed in Appendix A. ARTICLE III - EMPLOYER RIGHTS 3.1 The E2Il'LOYER 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 bq this AGREIIKENT. 3.2 Aaq "term or condition of emploqment" not established by this AGREE[�NT shall remain with the El�LOYER 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 monthlq UNION dues. Such monies deducted shall be remitted as directed by the UNION. 4.I1 The ENIPLOYER shall not deduct dues from the wages of employees covered by this AGREEI�NT for �any other labor organization. 4.12 The tJNION shall indemaify and save harmless the EMPLOYER from any and all claims or charges made against the EI�LOYER 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 writin� of such designation. Such employee shall have the right and responsibilities � as designated in Article 22 (GRIEVANCE PROCIDURE). 4.3 IIpoa notification to a desigaated �LOYER supervisor, the Business • Manager of the ilNION or his designated representative shall be permitted to eater the facilities of the EMPLOYER where eanployees conered 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 bq the tJNION. This AGREEMENT shall supersede such "terms aad conditions of employment" established bq Civil Service Rule, Council Ordina.nce, and Council Resolution. • - 2 - � �� ARTICLE VI - PROBATIONARY PERIODS ! 6.1 All personnel, originallq hired or rehired following separation, in a . regular employmeat 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 responaibilities shall be evaluated. 6.1I At any time during the probationary period aa employee may be terminated at the discretion of the E[�LOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE). 6.12 An employee terminated during the probatioaary 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 sha11 be evaluated.. 6.21 At any time during the promotional probationary period an emploqee may be demoted to the employee's previously-held class of positions at the discretion of the F.N�LOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE). 6.22 Au employee demoted during the promotional probationarq period . shall be returned to the� employee's previously-held class of positions and shall receive a written notice of the reasons for de�otion, a copq of which shall be sent to the UNION. ARTZCLE VII - PHILOSOPSY OF EI�LOYMENT AND COI�ENSATION 7.1 The EA�'LOYER and the IINION are in full agreem�ent that the philosophy of employment and compensation shall be a "cash" hourly wage aad "industry" fringe benefit system. 7.2 The F.[�LOYER shall compensate employees for all hours worked at the � basic hourly wage rate and hourlq fringe benefit rate as found in Articles 12 (WAGES) and 13 (FRINGE BENEFITS). 7.3 No other campensation or fringe benefit shall be accumulated or earned by an emploqee except as specifically provided for in this AGREII�IENT; except those employees who have individually optioned to be "grandfathered" as provided by 12.2. • - 3 - ARTICLE VIII - HOURS OF WORR 8.1 Ttie normal work daq 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 norma.l work days Monday through Friday. 8.3 If, during the term of this AGREII�NT, it is necessarq in the F•MPLOYER'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 immediatelq 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, readq for work, at the established starting time and shall remain at • aa assigaed 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 E1�LOYER as provided bp Article 10 (CALL BACR). 8.7 F�mployees reporting for work at the established starting time and for whom no work is available ahall receive pay for two (2) hours, at the • basic hourlq rate, unless notificatioa has been given not to report for work prior to leaving home, or during the previous work dap. � - 4 - �,��-�� ARTICLE I% - OVERTIME . 9.1 All overtime compensated for by the EMPLOYER must receive prior suthorization 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 showa on the time card, unless the required advance approval has beea obtained. 9.2 The overtime rate of one and one-half (1�) the basic hourlq rate shall be paid for work performed under the following cireumstances: 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 defiaed in Article 15 (HOLIDAYS); 9.32 Time worked on a seventh (7th) day following a normal work week. 9.4 For the purpoees of calculating overtime compensation, overtime hours worked sha.11 not be "pyramided", campounded or paid twice for the same hours worked. • 9.4 Overtime hours worked as provided bq this ARTICLE shall be paid in cash. 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' paq at the basic hourly rate. 10.3 The hours worked based on a call-back shall be compensated ia accordance with Article 9 (OVERTIME) , when applicable, and sub3ect 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 nox�al work day and be compensated onlq for the overtime hours worked in accordance with Article 9 (OVERTIME). s - 5 - ARTICLE RI - WORR 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 ENIPLOYER. I1.2 Employees assigned to work locations during the normal work day other than their original assignment, and who are required to furnish their owa transportation, shall be compensated for mileage. � � - 6 - �(,�—'��/i��c ARTICLE gII - WAGES • 12.1 The basic hourly wage rates as established bq Appendix C shall be paid for all hours worked by an employee. 12.2 Emploqees who are covered by the fringe benefits listed below shall continue to be covered bq such benefits. They shall be subject to all other provisions of the AGREEME�iT, 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 uader 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 Ci�y of Saiat 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 the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdiviaion H. 12.24 Nine (9) legal holidays as established by the Saint Paul Salary Plan and Rate� of Compensation, Section I, Subdivision I. 12.25 Severance benefits as established by the School District's Severance Pap Plan with a maximum paqment of $4,000. 12.3 Regular e�ployees not covered by the fringe benefits listed in Article 12.2 shall be considered, for the purposes of this AGREEMENT, , participating emploqees 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 . BENEEITS). 12.4 Provisional, temporarp, and emergency employees shall be considered, for the purposes of this AGREII�NT, participating emploqees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions aad/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 AGREII�NT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) aad have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS). - 7 - ARTICLE RIII - FRINGE BENEFITS 13.1 The II�LOYER 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 RIV - SELECTION OF FOREMAN AND GENERAL FOREMAN 14.1 The selection of personnel for the class of position Foreman shall remaia solely with the El�'LOYER. 14.2 The class of position Foreman shall be filled bq 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. - I4.4 Such "temporary assignments" shall be made only in cases where �the class of positiona is vacant for more than one (1) normal work day. � . - 8 - ��l-=�l�-r73 f ARTICLE XV — HOLIDAYS � 15.1 The following nine (9) days shall be designated as holidaqs: New Year's Day, January 1 Presidents' Day, Third Monday in February Memorial Day, Last Mondaq 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 Daq, 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. 1.5.3 The nine (9) holidays shall be considered non-�work days. 15.4 If, in the judga�ent of the Et�LOYER, personnel are necessarq for operating or emergeacy reasons, employess may be scheduled or "called back" ia accordance with Article 10 (CALL BACR) . 15.5 Employees workiag on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for a11 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 ia sessionr the employees shall work that day at straight time and another daq shall be designated as the holida.y. This des�gnated holiday shall be a day on which school is not in session and shall be determined bq agreement between the employee and his supervisor. • - 9 - ARTICLE %VI - DISCIPLINARY PROCEDURES 16.1 The El�LOYER shall have the right to impose disciplinary actions on � emploqees for just cause. 16.2 Disciplinary actions by the II+�LOYER 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 Sernice Commissioa 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 "grievaace" for the purpose of processiag through the pravisions of Article 22 (GRIEVANCE PROCIDURE). I ARTICLE %VII - ABSENCES FROM WORK 17.1 Emplopees 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 beginaing of such work day. 17.2 Failure to make such notification may be grounds for discipline as pronided in Article 16 (DISCIPLINARY PROCEDIIRES). 17.3 Failure to report for work without notification for three (3) consecutive norma.l work days may be considered a "quit" by the E1�D.'LOYER on the part of the emploqee. • - 10 - �'`��-i�� ARTICLE RVIII - SENIORIIR • 18.1 Seniority, for the purposes of this AGREEMENT, shall be defined as follows: 18.11 "Master Senioritq" - 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 Senioritq" - The length of contiauous regular and probationary service with the EI�LOYER from the date an employee was first appointed to a class title covered by this AGREIIKENT. _ 18.2 Seaiority 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 daqs; is granted because of illness or injury; is graated to allow aa employee to accept an appointment to the - unclassified service of the Et�LOYER or to an elected or appointed , full-time position with the �ON. , 18.3 Seniority shall terminate when an employee retires, resigas or is discharged. 18.4 In the event it is determined by the El�I.OYER that it is necessary to reduce the work force, emploqees will be laid off by class title � within each departmeat 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. • - 11 - ARTICLE RI% - JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is • recognized as an appropriate subject to determination by the various unions representing employees of the EMPLOYER. 19.2 The EMPLOYER agrees to . be guided in the assignment of work 3urisdiction 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 ENiPLOYER 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 originallq 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 II�LOYER and as clarified by Sectioas 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 dowa or anq disruption of work resulting from a work assignment. ARTICLE X% - SEPARATION • 20.1 Employees having a probationary or regular emploqment status shal2 be considered separated from employment based on the following actions: 20.11 Resignation. Employees resigning from employment shall give written notice fourteea (14) calendar days prior to the effective date of the resigaation. 20.12 Discharge. As pronided ia Article 16. 20.13 Failure to Report for Duty. As provided in Article 17. 20.2 Employees having an emergencq, temporary or provisional emplopment . status may be terminated at the discretion of the E1�LOYER before the completion of a normal work daq. ARTICLE RRI - TOOLS 21.1 All employees shall personallq provide themselves with the tools of the trade as listed in Appendix B. , - 12 - �� ARTICLE XRII - GRIEVANCE PROCIDURE � 22.1 The EL�LOYER shall recognize Stewards selected in accordance with IINION rules aad 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 bq the II�LOYER and the UNION that the processing of grievances as hereinafter provided is limited by the �ob 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 aotified and received the approval of their supervisor to be absent to process a grievance and that such absence would aot 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 arg defined as an alleged violation of the terms and conditions of this AGREEL�NT. 22.4 Grievances ahall be resolved in coaformance with the following. procedure: Step 1. Upoa the occurreace of an alleged violation of this • _ AGREII�NT, the emploqee 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 bp the informal discussion, it may be reduced to writing and referred to Step 2 by the UNION. The writtea 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 AGREEhIENT not reduced to writing by the tJNION within sevea (7) calendar days of the first occurrence of the event giving rise to the grievaace or within the use of reasonable diligence should have had kaowledge 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 E1�LOYER Supervisor shall meet with . the UNION Stewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EI�LOYER shall reply in writing to the UNION within three (3) caleadar days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the II�II.'LOYER'S written answer. Any grievance not referred in writing by the tJNION within seven (7) calendar days following receipt . of the E1�LOYER'S answer shall be considered waived. - 13 - Article XRII - Grievance Procedure (continued) Step 3. Within seven (7) calendar days following receipt of a � grievance referred from Step 2, a designated II�LOYER supervisor shall meet with the UNION Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days followiag this meeting, the EMPLOYER 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 iJNION may refer the grievance to Step 4. Anp grievance not referred in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the II�LOYER'S answer shall be considered waived. Step 4. If the grievance remains unresolved, the UNION may within senen �(7) calendar days after the response of the II�LOYER in Step 3, bq written notice to the II�LOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual � agreement of the E[�LOYER and the UNION within seven (7) calendar days after notice has been givea. If the parties fail to mutually agree upon an arbitrator within the said senen- (7) day period, either party may request Che Public Employment Relations Board to submit a panel of five (5) arbitrators. Both the E1�.'LOYER aad the IINION shall have the right to strike two (2) names from the panel. The UNION . shall strike the first (lst) name; the E1�LOYER shall then strike one (1) name. The procesa will be repeated and the remaining persoa 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 AGREIIKENT. The arbitrator shall consider and decide only the specific issue submitted ia writing by the E1�LOYER 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 modifqing or varying in any way the application of laws, rules or regulations haniag 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, ualess 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 AGREEI�NT and to the facts of the grievance presented. The decision of the arbitrator shall be . final and binding on the El�LOYER, the IJNION, and the employees. • - 14 - �� y i��1 Article BRII - Grievance Procedure (continued) � 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the II�LOYER and the UNION, provided that each party shall be responsible for compeasating 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 ia each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. � . . - 15 - ARTICLE RRIII - 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 bq this AGREEMENT. In the event that such contracting would result in a reduction of the work force covered bq this AGREEMENT, the II�LOYER shall give the UNION a ninety (90) calendar day notice of the intention to subcontract. 23.2 The subcontractiag of work done by the employees covered bq this AGREEMENT shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE X%IV - 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, aay iadividual because of race, color, creed, sex, age or because of membership or noa-membership in the tJNION. 24.2 Employees will perform their duties and responsibilities in a non-discriminatorq manner as such duties and responsibilities involve other employees and the general public. • ARTICLE %%V - SEVERABILITY 25.1 In the event that any provision(s) of this AGREII�NT is declared to be contrary to law by proper legislative, administrative or judicial authoritq from whose finding, determination or decree no appeal is taken, such provision(s) shall be noided. All other provisions shall y continue ia full force and effect. 25.2 The parties agree to, upou writtea notice, enter into negotiations to place the noided pronisions of the AGREEMENT in compliance with the , legisla.tive, administrative or �udicial determination. . - 16 - ��y i 1�/ ARTICLE %%VI - WAIVER ` 26.1 The F.hiPLOYER and the UNION acknowledge that during the meeting and negotiating which resulted in this AGREEM�iT, each had the right and opportunity to make proposals with respect to any sub j ect concerning the terms and conditions of emploqment. The agreements and . understandings reached by the parties after the exercise of this right are fully and completelq set forth in this AGREEMENT. 26.2 Therefore, the EhII�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 coadition of employment whether specificallq covered or not specificallp covered by this AGREII�ENT. The UNION and EI�LOYER may, however, mutually agree to modify any pronision of this AGREEMENT. , � 26.3 Aay and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employmeat, to the eatent they are inconsistent with this _ AGREEI�NT, are herebq superseded. ARTICLE �1II - MILEAGE - INDEPENDENT SCSOOL DISTRICT N0. 625 � 27.I 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 Co�ittee utilizing one of the following plans: PLAN "A" is reimbursed at the rate of 23C per mile. In addition, a maximum amouat arhich can be paid per month is established by an estimate furnished by the employes and the emploqee's supernisor. 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 emgloyee's driving experience under Plan "A" for a period of 3 to 6 months. Those employees receiving an auto allowance uader this plan must report monthlq the number of days the car was available during the month. A deduction must be made from the lump sum amaunt for each day the employee is on vacation. A deduction need not be made for aa occasional daq of illness or for holiday. � - 17 - ARTICLE %XVIII - DURATION AND PLIDGE ��"�a y /7� � 28.1 This AGREII�ENT shall become effective as of the date of signing, escept as specifically provided otherwise ia Articles 12 and 13, and shall remain in effect through the 30th daq of April, 1986, and continue in effect from year to qear thereafter unless notice to change or to termiaate is given ia the manner provided in 28.2. 28..2 If either partp desires to termina.te or modifq this AGREII��NT effective as of the date of expiration, the party wishing to modify or terminate the AGREEI�NT shall give writtea notice to the other partp, � ' not more thaa ainety (90) or less than si.�ctp (60) calendar days prior to the: expiration date, provided that the AGREII�NT may onlp be so terminated or modified effectine as of the eupiratioa date. 28.3 Ia consideration of the terms aad conditions of emplopmeat established by this AGREEMENT and the recognition that the GRIEVANCE PROCEDURE ' hereia established is the means by which grievances conceraing its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the AGRL�II�iENT: 28.31 The DNION aad th� employees will not engage in, iastig�te or condone any concerted action in whicl� employees fail to report for duty� willfully absent themselnes from work, stop work, sl.ow down their work or abs�nt thamselves ia whole or part from. the full, faithful performance of their duties of employmeat_ � � 28.32 The El�'LOYER will not engage ia, instigate or condone aap lockout of employe�s. 28.33 This constitutes a tentative AGREEMENT betweea th� parties which will be recommended by the School Board Nsgotiator,. but is subject to the approval of the Schoal Board, the • Administration of the City, and is also subject to ratification by the IINION. AGREED to this�ONt� day of ��+�, 1984, and attested to as the full and complete uaderstanding of the parties for the period of time herein specified by the signature of the follawing representatives for the E1�LOYER and the UNION. WITNESSES: INDEPENDENT SCHOOL DISTKICT N0. 625 OPERATIVE PLASTERERS' AND CEMENT �--__ MASONS` INTERNATIONAL ASSOCIATION, � LOC 560 ' , , � Schoo Board Negotiator usiness Repre ntative � %� ! � � ' .. ; . airman, Board of Education - 18 - � �y �� APPENDI% A . _ The classes of positions recognized by the II�LOYER as being exclusively represented bq the UNION are as follows: Cement Finisher Apprentice Building Inspector - Cement Finisher and other classes of positions that may be established by the El�LOYER where the duties aad responsibilities assigned come within the jurisdiction of the UNION. � • - A1 -� � �� APPEND?B C � The basic hourlq wage rate for provisional, regular, and probationary employees appointed to the following classes of positions and not receiving fringe beaefits listed in Article 12.2 shall be: Effective Effective April 28, 1984 April 27, 1985 Building Inspector - Cement Finisher. $ 17.72* $ 17.72* Cement Einisher . . . . . . . . . . . 16.38* $ 16.38* The basic hourly wage rate for temporarq and emergency employees appointed to the following classes of positions shall be: Effective Effective April 28, 1984 April 27, 1985 � Building Inspector - Cement Fiaisher. $ 18.43* � $ 18.43* Cement Fiaisher . . . . . . . . . . . 17.03* $ 17.03* *These rates include the $1.00 Savings Plan contribution. � The basic hourly wage rate for regular employees appointed to the following classes of positions who are receining the fringe benefits listed in • Article 12.2 shall be: Effective Effective April 28, 1984 April 27, 1985 Building Inspector - Cement Finisher. $ 17.43 *** Cement Finisher . . . . . . . . . . . $ 15.67 ** **The April 27, 1985 hourly wage rate ia this contract will be the rates as shown below less the cost of sick leave usage for 1984, and less the cost of vacation, holidays, aad pension for 1985 and less the cost of health and life insurance for the period May, 1984 through April, 1985 incurred by the employer for employees in this bargaining unit. ' • Effective April 27, 1985 Cement Finisher . . . . . . . . . . $ 19.55 ***These Inspector rates to be determined at a later date. • - C 1 -- l�`"'� �t�l��-1 APPENDIR D � Effective April 30, 1984, the E1�LOYER shall: (1) contribute $1.20 per hour for all hours worked bq participating employees as defined in Articles 12.3, 12.4, and 12.5 of this AGREEMENT to a Health and Welfare Fund. Effective April 30, 1985, this contribution shall be increased to $1.45 per hour. (2) contribute $1.05 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 of this AGREEMENT to the Pension Fund. (3) contribute $1.00 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 of this AGREEMENT to the Savings Plan Fund. This � contribution is sub�ect to all payroll deductions. . (4) contribute $ .02 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 of this AGREEMENT to an Apprenticeship Fund. All contributions made in accordance with this Appendix shall be forwarded to depositories as directed by the UNION. • The EI�LOYER shall establish Workers' Co�pensation and Unemploqment Compensation programs as required bq Minnesota statutes. The E1�LOYER'S fringe benefit obligation to participating employees as defined in Articles 12.3, 12.4, aad 12.5 is limited to the contributions and/or deductions established by this AGREII�ENT. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the narious funds to which the F.I�LOYER has forwarded contributions and/or deductions. � - D1 - �=�c{i73� • 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 XIV Selection of Foreman and General Foreman 11 XV Holidaqs 11 XVI Disciplinarq Procedures 12 • XVII Absences from Work 12 XVIII Senioritq 13 XIX Jurisdiction 14 XX Separation 14 XXI Tools 14 XXII Grievance Procedure 15 XXIII Right of Subcontract 18 XXIV Non-discrimination 18 XXV Severability 18 XXVI Waiver 19 XXVII Mileage-Independent School District No. 625 19 XXVIII Duration and Pledge 20 � Appendix A A1 Appendix B B1 , . Appendix C C1 Appendix D D1 Appendix E E1 • - 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 Operative Plasterers and Cement Masons International Association Local 20, hereinafter referred to as the UNION. The ENIPLOYER and the UNION concur that this AGREEMENT has as its ob�ective the promotion of the responsibility 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 - ��y-i13/ 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 emplopment 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 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-476-A dated April 13, 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 ENIPLOYER 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 II�LOYER 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 22 (GRIEVANCE PROCEDURE) . ' 4.3 Upon notification to a designated II�LOYER 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 bq the UNION. This AGREIIrIENT shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. • - 2 - ��.�i 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 IIrIPLOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE) . 6.12 An emploqee 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 - PflILOSOPHY 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 Article 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 ENIPLOYER as provided by Artic1e �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 - ��-�7.�i ARTICLE IX - OVERTIME i9. 1 All overtime compensated for by the EMPLOYER must receive prior authorization from a designated EMPLOYER supervisor. vo 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 daq, 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 time at the option of 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 sub�ect to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal Swork 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 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 norma.l work day other than their original assignment, and who are required to furnish their own transportation, shall be compensated for mileage. � • • - 6 - ��-/�.�/ 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 June l, 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 Independent School District No. 625 under one of the early retiree plans. �12.21.3 Inform the Personnel Office of the Citq 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 the Civil Service Rules, Section 20. 12.23 Vacation as established by the Saint Pau1 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. - 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 requesting severance pay, the employee waives all claims to reinstatement or re-employment i (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 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. - 8 - J��`�-/73/ 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 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 payment under the Memorandum of • Agreement with the exclusive representative dated December 1, 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 of Foreman shall remain solely with the ErIPLOYER. 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.b 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 employee 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 - ��(-i 73� 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 PROCIDURE) . ARTICLE XVII - ABSENCES FROM WORR • 17. 1 Employees who are unable to report for their normal work day have the responsibility to �e��fy 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 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 l:eave 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 IIKPLOYER 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". Employees laid off sha� have the right to reinstatement in any lower-paid class titie previously held, 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", subject to the approval of the EMPLOYER. • - 12 - ��/ /7v�/ ARTICLE XIX - JURISDICTION ` 19. 1 Disputes concerning work jurisdiction bet�oeen 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 EMPLOYER shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the IIKPLOYER 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 . 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. • - 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 S�teward 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 af 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 - ��"�'�(-�7.�/ Article XXII - Grievance Procedure (continued) eStep 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 F1�IPLOYER'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 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 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. • - 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 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. • • - 16 - ��-�7� 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. , ARTICI;E 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 XRVI - WAIVER 26. 1 The EMPLOYER and the UNION acknowledge that during the meeting and . negotiating which resulted in this AGREEME�T, 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 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 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 �� 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 31st day of May, 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 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 bq 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 anq 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 lockouC 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 and is also subject to ratification by the UNION. AGREID to this ��ay of��C%�'(l'�-��, 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 UNION. WITNESSES: INDEPENDENT SCHOOL DISTRICT N0. 625 OPERATIVE PLASTERERS AND CEMENT ' MASONS INTERNATIONAL ASSOCIATION �_ ^ LOCAL 20 � -�i(XiU �� , � ,/ � � � _ -� Schoo Board Negotiato Business Represen tive ,� � /� • `-- Chairman, oard of Education - 19 - �,��-17.�1 APPENDIX A • The classes of positions recognized by the EMPLOYER as being exclusively represented by the UNION are as follows: Plasterer Plasterer 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 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 May 26, 1984 May 25, 1985 Plasterer. . . . . . . . $ 16.01* $ 16.25* Plasterer Inspector. . . 18.20* *** The basic hourly wage rate for temporary and emergency employees appointed to the following classes of positions shall be: - Effective Effective May 26, 1984 May 25, 1985 Plasterer. . . . . . . . $ 16.65* $ 16.90* Plasterer Inspector. . . 18.93* *** 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 � May 26, 1984 rtay 25, 1985 Plasterer. . . . . . . . $ 15.29 ** Plasterer Inspector. . . 17.35 ** *These rates include the taxable vacation contribution of $1.50 per hour. **The May 25, 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. Plasterer $20. 12 Plasterer Inspector Average of the 1985 total package rates used by the City for _ Carpenter Foreman Electrician Foreman Sheet Metal Worker Foreman Plumber Foreman and Plasterer Foreman. ***The May 25, 1985 temporary and emergency hourly wage rate shall be the average of the 1985 temporary and emergency rates used for the Carpenter • Forema.n, Electrician Foreman, Plumber Foreman, Plasterer Foreman, and Sheet Metal Foreman. The May 25, 1985 regular without benefit rate shall be the temporary and emergency rate divided by 1.04. - C1 - APPENDIX D Effective June 1, 1984, the EMPLOYER shall: � (1) contribute $1.50 per hour from which payroll deductions have been made for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 of this AGREEMENT, for a Union-designated Vacation Fund. (2) contribute $1.80 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. (3) contribute $1.40 per hour for all hours worked by participating employees as defined in Articles 12.3, I2.4, • and 12.5 of this AGREEMENT to the Pension Fund. � (4) contribute $ .02 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 of this AGREEMENT to the Journeyman and Apprenticeship Training Fund. 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 EI�PLOYER'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 AGREII�IENT. The. actual level of benefits provided the employees shall be the responsibility of the Trustees of the various funds to which the II�LOYER has forwarded contributions and/or deductions. The above contributions may be changed as agreed to by both parties; however, the total package (base rate plus fringe benefit contributions) cannot exceed the total package rate listed in Appendix "C". • - D1 - ��y i�3� APPENDIR E � WORKING CONDITIONS FOR PLASTERER INSPECTOR As a result of the 1974 settlement, the Parties have established craft-determined rates for Plasterer 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, with 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 • of 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. • � - E1 - ��i�� • I N D E X ARTICLE TITLE PAGE Preamble iii I Purpose 1 II Recogaition 1 III Employer Rights 1 IV Union Rights 2 V Scope of Agreement 2 VI Probationary Periods 3 VII Philosophy of Employment and Compensation 3 VIII Hours of Work 4 � I% •Overtime 5 g Call Back 5 %I Work Location 6 RII Wages 7 RIII Fringe Benefits 8 %IV Selection of Foreman and General Foreman 8 XV Holidays 9 • XVI Disciplinarq Procedures 10 RVII Absences from Work 10 XVIII Seniority 11 %IR Jurisdiction 12 XX Separation 12 XRI Tools 12 X%II Grienance Procedure 13 %%III Right of Subcontract 16 RRIV Non-discrimination 16 XXV Severability 16 %%DI Waiver 17 X%VII Mileage-Independent School District No. 625 17 X%VIII Duration and Pledge 18 , 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 Operative Plasterers' and Cement Masons' Interna.tional Association of the United States and Canada, Local 560, hereinafter referred to as the UNION. The E1�LOYER aad the UNION concur that this AGREEMENT has as its objectine the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. The E1�LOYER and the UNION both realize that this goal depends not only on the words in ttie AGREEMENT but rather primarilq on attitudes between people at all levels of responsibility. Constructive attitudes of � the EI�LOYER, the UNION, and the individual employees will best serve the needs of the general public. _ , • . • - iii - ��y-,�.�, ARTICLE I - PURPOSE � 1.1 The II�LOYER and the UNION agree that the purpose for entering into this AGREII�IENT is to: 1.11 Achieve orderly and peaceful relations, therebq establishing a system of uniaterrupted operations and the highest level of employee perfo�ance that is consistent with the safety and well being of all concerned; I.12 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the II�LOYER and the UNION; 1.13 Establish procedures to orderly and peacefullq resolne disputes . as to the application or interpretation of this AGREEMENT without lo�s of manpower productivity. 1.2 The F.[�LOYER and the UNION agree that this AGREII�ENT sernes as a supplement to legislation that creates and directs the EI�LOYER. If any part of this AGREEMENT is in conf lict with such legisla.tion, 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 E1�LOYER recognizes the UNION as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisional, temporary, and e�ergencp 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-525-A dated May 22, 1973. 2.2 The classes of positions recognized as being exclusively represented bq the U'NION are as listed ia Appendix A. ' ARTICLE III - II�LOYER RIGHTS 3.1 The EMPLOYER retains the right to operate and manage all manpower, � facilities, and equipmeat; 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 perfo� any inherent managerial function not specificallq limited bq this AGREII�ENT. 3.2 Any "term or condition of employment" not established by this AGREE[�NT shall remain with the F.rIl'LOYER 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 necessarq to cover monthly UNION dues. Such monies deducted shall be remitted as directed by the UNION. 4.11 The EL�LOYER shall not deduct dues from the wages of employees covered by this AGREEMENT for anq other labor organization.. 4.12 The UNION sha11 indemnify and save harmless the E1�LOYER from any aad all claims or charges ma.de against the E1�LOYER 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 emploqee shall have the right and responsiliilities 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 eater the facilities of the EhlPLOYER where emploqees covered by this AGBEII�IENT are working. ARTICLE V - SCOPE OF THE AGREEMENT • 5.I This AGREEMENT establishes the "terms and conditions of employment" defined by M. S. 179.63, Subdivision 18, for all employees exclusinely represented by the UNION. This AGRE�ENT shall supersede such "terms and conditioas of employment" established by Civil Sernice Rule, Couacil Ordinance, and Couacil Resolution. • - 2 - (D��'y�7�� 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 abilitq to perform the class of positions' duties and responsibilities shall be evaluated. 6.11 At any time during the probationarq period an employee may be � terminated at the discretion of the II�LOYER 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` promotiona.l 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 aa employee may be demoted to the employee's previously-held class of positioas at the discretion of the EL�LOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDUBE). • 6.22 Aa employee demoted during the promotional probationarq period shall be returned to the� employee's previously-held class of positions aad shall receive a writtea notice of the reasons for demotion, a copy of which shall be sent to the tTNION. ARTICLE VZI - PHILOSOPHY OF Eh�LOYMENT AND COMPENSATION 7.1 The F.MPLOYER and the IINION are ia full agreement that the philosophy of emploqmsat and compensation shall be a "cash" hourly wage aad "industry" fringe benefit system. ' 7.2 The EI�LOYER shall compensate employees for aIl hours worked at the basic hourlq wage rate aad hourly fringe benefit rate as found ia Articles 12 (WAGES) aad 13 (FRINGE BENEFITS). 7.3 No other compensatioa or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this AGREEMENT; except those employees who have individuallq optioned to be "grandfathered" as provided by 12.2. . - 3 - ARTICLE VIII - HOURS OF WORR 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 daqs 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 Mondaq through Friday, the UNION agrees to enter into negotiations immediately to establish the conditions of such shifts aad/or work weeks. 8.4 This section shall not be construed as, and is not a guarantee of, any hours of work per aormal work day or per nox�al work week. 8.5 All employees shall be at the location designated bq 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 supervisoz. 8.6 All emploqees are subject to call-back bq the EMPLOYER as provided by Article 10 (CALL BACR). 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 hourlp rate, ualess notification has been given not to report for work prior to leaviag home, or during the previous work day. ' • - 4 - � �y ,73� ARTICLE IX - OVERTIME i9.1 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) daq 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 fo�llowiag circumstances: - 9.31 Time worked on a holidaq as defined in Ar�icle 15 (HOLIDAYS); 9.32 Time worked on a seventh (7th) daq following a normal work week. 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. • 9.4 Overtime hours worked as provided by this ARTICI.E shall be paid ia cash. ARTICLE R - CALL BACR 10.1 The El�LOYER retains the right to call back employeea 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 S mininmm of four (4) hours` paq ' at the basic hourly rate. 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9 (OVERTIML) , when applicable, and sub3ect 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 onertime hours worked in accordance with Article 9 (OVERTIME). • - 5 - ARTICLE RI — WORR LOCATION 11.1 Emploqees shall report to work location as assigned by a designated S 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. - i • - 6 - � �y_ , �� 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 contiaue to be covered by such benefits. They shall be subject to all other provisions of the AGREEMENT, but sha.11 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 earlq 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 em�loyee's early retiremeat 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 bp the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision S. 12.24 Nine (9) legal holidaqs ae established by the Saint Paul Salary Plan aad Rates of Compensation, Sectioa I, Subdivision I. 12.25 Severance beneffts as established by the School District's Severaace Pay Plaa with a maximum paqment of $4,000. 12.3 Regular employees not covered by the fxinge beaefits listed in Article ---- 12.2 shall be considered, for the purposes of this AGREF�MENT, ' participating employees aud shall be campensated 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 emploqees 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 emploqed after February 15, 1974, shall be considered, for the purpose of this AGREII�IENT, participating employees and shall be compensated in accordaace with Article 12.1 (WAGES) and have fringe benefit contributions aad/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . - 7 - ARTICLE %III - FRINGE BENEFITS 13.1 The EMPLOYER shall make contributions on behalf of and/or make � deductions . from the wages of employees covered by this AGREII�IENT in accordance with Appendix D for all hours worked. ARTICLE %IV - SELECTION OF FOREMAN AND GENERAL FOREMAN 14.1 The selection of personnel for the class of position Foreman shall remain solely with the II�LOYER. 14.2 The class of position Foreman shall be filled by employees of the � bargaining unit on a "temporarq assignment". 14.3 All "temporary assignments" shall be made only at the direction of a designated El�LOYER supervisor. 14.4 Such "temporary assignments" shall be made only in cases where �the class of positions is vacant for �re than one (1) normal work daq. • • - 8 - � ��-� �� ARTICLE XV - HOLIDAYS � 15.1 The following nine (9) daqs shall be designated as holidays: New Year's Daq, January 1 Presidents' Daq, Third Monday in February Memorial Day, Last Monday in May Independence Daq, 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 Daq falls on a Sunday, the following Mondaq shall be considered the desigaated holiday. When any of these three (3) holidays falls on a Saturdaq, the preceding Friday shall be considered the designated holiday. 15.3 The nine (9) holidaps shall be considered non-work days. � 15.4 If, ia the �udg�ent of the Ei�LOYER, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" ia accordance with Article 10 (CALL BACR) . 15.5 Employees working on a designated holidaq shall be compensated at the rate of two (2) times the basic hourly rate for all hours worlced. . 15.6 In the case of Board of Education employees, if Presidents' Daq, Columbus Day or Veteraas' Day fa11s on a day whea school is in session, the employees shall work that day at straight time and aaother day shall be desigaated as the holidaq. This designated holiday shall be a dag on which school is not in session and shall be determined bq agreement betweea the employee and his supervisor. • - 9 - ARTICLE XVI - DISCIPLINARY PROCEDURES 16.1 The EI�LOYER shall have the right to impose disciplinary actions on � employees for just cause. 16.2 Disciplinary actions by the II�LOYER 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 Commf.ssion 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 daq have the • responsibility to notifp their supervisor of such absence as soon as possible, but in no event later than the begiaaing of such work day. 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (DISCIPLINARY PROCEDiJRES). 17.3 Failure to report for work without aotification for three (3) consecutive normal work days may be considered a "quit" by the ENIPLOYER on the part of the emploqee. • - 10 - �� ARTICLE RVIII - SENIORITY � 18.1 Seniority, for the purposes of this AGREIIKENT, shall be defiaed as follows: I8.11 "Master Seniority" - The length of continuous regular and probationary service with the EI�LOYER from the last date of emplopment in any and all class titles covered by this AGREEMENT. 18.12 "Class Seniority" - The length of contiauous regular and probationarq service with the EMPLOYER from the date an employee was first appointed to a class title covered by this AGREEI�NT. 18.2 Senioritq shall not accumulate during an unpaid leave of absence, escept when such a leave is granted for a period of less than thirty - (30) calendar days; is granted because of illness or injurq; is gran.ted to allow an employee to accept an appointment to the unclassified service of the II�LOYER or to an elected or appointed full-time position with the UNION. _ 18.3 Seniority shall termiaate whea an employee retires, resigns or is discharged. _ 18.4 In the event it is determined bq the E1�LOYER that it �is necessary to reduce the work force, emploqees will be laid off by class title • withia each department based on inverse length of "Class Seniority". F.mployees 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", subject to the approval of the EMPLOYER. • - 11 - ARTICLE SIX - JURISDICTION 19.1 Disputes concerning work �urisdiction between and among unions is � recognized as an appropriate sub�ect to determination by the various unions representing employees of the II�LOYER. 19.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction bq 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 EMPLOYER shall meet as soon as mutuslly possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the El�LOYER 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 - discipliaary action as provided in Article 16 (DISCIPLINARY PBOCEDURES). 19.5 There shall be ao work stoppage, slow down or any disruption of work resulting from a wo=k assignment. AR.TICLE %X - SEPAR�TION � 20.1 Employees haning a probationarq or regular employment status shall be considered separated from employment based oa 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 haning an emergencq, temporary or provisional emplopment ' status may be terminated at the discretion of the EL�LOYER before the completion of a normal work day. ARTICLE %XI - TOOLS 21.1 All emploqees shall personallq provide themselves with the tools of the trade as listed in Appendix B. • - 12 - �,��- r-��i ARTICLE RRII - GRIEVANCE PROCIDURE ! 22.1 The EMFLOYER shall recognize Stewards selected in accordance with tTNION 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 E1�LOYER and the UNION that the processing of grievances as hereinafter provided is limited bq 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 iavolved 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 Ei�LOYER. 22.3 The procedure established by this ARTICLE sha.11 be the sole and exclusive procedure, escept for the appeal of disciplinary action as � provided by 16.3, for the processing of grievances, which are defined as aa alleged violation of the terms and conditions of this AGREII�NT. 22.4 Grievances shall be resolved ia coaformance with the following procedure: Step 1. IIpon the occurrence of an alleged violation of this � AGBEII�SENT, the employee involved sha.11 attempt to resolve the matter on aa iafos�nal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction bp the informal discussioa, it may be reduced to writing and referred to Step 2 by the UNION. The writtea grienaace shall seC forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEI�NT violated, and the relief requested. Any alleged violation of the AGREIIdENT not reduced to writing by the UNION within seven (7) calendar days of the first occurrence of the event giving rise to the grievaace or within the use of ressonable diligeace should have had knowledge of the first occurrence of the event giving riae to the grievance, � shall be considered waived. Step 2. Within seven (7) calendar days after receiviag the written grievance, a designated EI�LOYER 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 tJNION may refer the grievance in writing to Step 3 withia seven (7) calendar days following receipt of the II�LOYER'S written answer. Anq grievance not referred in writing by the UNION within seven (7) calendar days following receipt • of the E1�LOYER'S aaswer shall be considered waived. - 13 - Article RRII — Grievance Procedure (continued) Step 3. Within seven (7) calendar days following receipt of a : grievance referred from Step 2, a designated IIKPLOYER 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 EI�LOYER shall reply in writing to the UNION stating the E1�LOYER'S answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the IINiON may refer the grievance to Step 4. Any grievance not referred in writing by the UNION to Step 4 withia seven (7) calendar daqs following receipt of the E1�LOYER'.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 F�LOYER in Step 3, by writtea 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 Et�Il'LOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upoa 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 E1�LOYER and the UNION.shall have the right to strike two (2) names from the panel. The UNION � shall strike the first (lst) name; the ESMPLOYER sha.11 thea strike one (1) name. The process will be repeated and the remaining persoa 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 cansider and decide only the specific issue submitted in writing by the E1�LOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without powe= to make decisions contrarq to or inconsistent with or modifying or varying in any way the application of laws, rules or regulatioas having the force and effect of law. The arbitrator's decision shall be submitted in writiag 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 iaterpretation or application of the express terms of this AGREE[�NT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMFLOYER, the UNION, and the employees. • - 14 - �� i�� Article XRII - Grievance Procedure (continued) , 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the II�LOYER and the UNION, provided that each partq 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, providiag it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the Eh8L0YER and the IINION. • • - 15 - ARTICLE XRIII - RIGflT OF SUBCONTRACT 23.1 The EL�LOYER may, at any time during the duration of this AGREII�IENT, � contract out work done bq 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 E1�'LOYER shall give the UNION a ninety (90) calendar day notice of the intention to subcontract. 23.2 The subcontracting of work done by the emploqees covered by this AGREII�tENT shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE %RIV - 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 indinidual 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 X%V - SEVERABILITY 25.1 In the event that any provision(s) of this AGREEMENT is declared to be contrary to law by proper legislative, admiaistrative or judicial authority fram whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue ia full force and effect. 25.2 The parties agree to, upon written notice, eater into negotiations to place the voided provisions of the AGREII�+NT ia compliance with the ' legislative, administratine or judicial determination. � - 16 - ��y��r ARTICLE R%VI - 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 aad 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 AGREII�:NT 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 tJNION and EI�LOYER may, however, mutually agree to modify anq provision of this AGREEMENT. 26.3 Anq and all prior ordinances, agreements, resolutioas, practices, � � policies, and rules or regulations regarding the tezms and conditions of employment, to the extent theq are inconsistent with this AGREEMENT, are hereby superseded. ARTICLE %%VII - 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 Com�ittee 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 aa estimate furnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount can be the eaperience of another working in the same or aimilar position. • IInder this plan, it is necessary for the emploqee 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 Plaa "A" for a period of 3 to 6 months. Those employees receiving an auto allowance unde= 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 aa occasional day of illness or for holidaq. • - 17 - . ��y(7� f ARTICLE %XVIII - DURATION AND PLEDGE � 28.1 This AGREII�NT shall become effective as of the date of signing, except as specifically provided otherwise in Articles 12 and 13, and shall remain ia effect through the 30th day of April, 1986, and continue in effect from year to year thereafter unless notice to change or to termiaate is given ia the manner provided ia 28.2. 28..2 If either party desires to terminate or modify this AGREEMa1T effective as of the date of expiration, the party wishing to modify or terminate the AGREF,IKENT shall give writtea notice to the other party, ' not more than ninety (90) or less thaa siactp (60) calendar days prior to the eapiratioa date, provided that the AGREII�NT may oalp be so termina.ted or modified effective as of the expiration date. 28.3 In consideration of the terms and conditions of em�lopment established bp this AGREF.MENT and the recogaition that the GRIEVANCE PROCIDURE � � herein established is the means by which grievances concerning its applicatioa or interpretatioa map be peacefully resolved, the parties herebp Fledge that duriag the term of the AGREIIKENT: 28.3I The t�NION and the employees will not engage ia, iastig�te or condone any concerted action in which �ployees fail to report for duty, wf.11fully abseat themselne� froa work, stop work, sl.a� dowa their work or aba�tit themselves in whole or part from the full, faithful perfo�ance of their duties of employmeat. `� 28.32 The �'LOYER will not engage ia, instigate or condoae aay lockeut of e�ployees. 28.33 This constitutes a tentative AGREII�ENT between the parties which wi1l be recommended by the School Board Negotiator, but is subject to the approval of the School Board,. the - A ini�tration of the City, and is also subject to ratification by the UNION. AGREED to this ��. day of �l�GU�, 1984, and attested to as the full and camplete uaderstaading of the parties for the peri.od of time hereia specified by the sigaature of the follo�ing representatines for th� EI�LQYER and the UNION. WIZ'NESSES: INDEPENDENT SCHOOL DISTRICT N0. 625 OPERATIVE PLASTERERS' AND CEMENT �--,. MASONS' INTERNATIONAL ASSOCIATION, � LO 560 1 � � Schoo Board Negotiator usiness Repre ntative � �/ / ;� . � 1 � !�'../ , C airman, Board of Education - 18 - �,��,��i APPENDIR A ! The classes of positions recognized by the EMPLOYER as being exclusivelq represented by the UNION are as follows: Cement Finisher Apprentice Building Inspector - Cement Finisher and other classes of positions that maq be established bq the E1�LOYER where the duties and responsibilities assigned come within the jurisdiction of the UNION. � � - A1 - �� APPENDI% C The basic hourly wage rate for provisional, regular, and probationarq � employees appoiated to the following classes of positions and not receiving fringe benefits listed in Article 12.2 shall be: Effective Effective April 28, 1984 April 27, 1985 Building Inspector - Cement Finisher. $ 17.72* $ 17.72* Cement Finisher . . . . . . . . . . . 16.38* $ 16.38* The basic hourly wage rate for temporary and emergeney employees appointed to the following classes of positions shall be: Effective Effective April 28, 1984 April 27, 1985 , Building Inspector - Cement Finisher. $ 18.43* $ 18.�i3* Cement Finisher . . . . . . . . . . . 17.03* $ 17.03* *These rates include the $1.00 Saviags Plan contribution. ` The basic hourly wage rate for regular employees appointed to the following classes of positions who are receiding the friage beaefits listed in • Article 12.2 shall be: Effective Effective . April 28, 1984 April 27> 1985 Building Inspector - Cement Finisher. $ 17.43 *** Cemeat Finisher . . . . . . . . . . . $ 15.67 ** **The April 27, 1985 hourly wage rate in this contract will be the rates as shown below less the cost of sick leave usage for 1984, and less the cost of vacation, holidays, and pension for 1985 and less the cost of health aad life insurance for the period May, 1984 through April, 1985 incurred by the employer , for emploqees in this bargaining unit. Effective Apri1 27, 1985 Cement Finisher . . . . . . . . . ., . $ 19.55 ***These Inspector rates to be determined at a later date. � - C1 - �1,��ly i 7� APPENDIR D � Effective April 30, 1984, the EI�LOYER shall: (1) contribute $1.20 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, aad 12.5 of this AGREEMENT to a Health and Welfare Fund. Effective Apri1.30, 1985, this contribution shall be increased to $1.45 per .hour. (2) contribute $1.05 per hour for all hours worked by participating employees as defined ia Articles 12.3, 12.4, aad 12.5 of this AGREII�NT to the Pension Fund. (3) contribute $1.00 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 of this AGREEhII?NT to the Savings Plan Fund. This ' " contribution is sub�eet to all payroll deductions. •(4) contribute $ .02 per hour for all hours worked by � participatiag emploqees as defiaed in Articles 12.3, 12.4, and 12.5 of this AGREEI�IJT to aa Apprenticeship Fund. All contributions made in accordance with this Appendix shall be forwarded to depositories as directed by the DNION. • The El�LOYER shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota statutes. The EI�LOYER'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 AGREII�4.NT. The actual level of benefits provided to emploqees shall be the responsibilitp of the Trustees of the various funda to which the EI�LOYER has forwarded contributioas and/or deductions. � — D1 — WHITE - C�TY CLERK PINK - FINANCE G I TY O F SA I NT PA U L Council � (� �// CANARV - DEPARTMENT . Flle NO. V ( /��/ BLUE - MAYOR � CITY CLERK Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul approves and ratifies the attached 1984-1985 Maintenance Labor Agreements between the Independent School District No. 625 and the Plasterers Local No. 20 and the Cement Masons Local No. 560. Approved: Civil Service Commission, Chair COUNCILMEN Yeas Nays Requested by Department of: Fl�tchsr Drew PERSONNET. OFFT� Masanz [n Favor Nicosia scnsiba� Against By Tsdesco Wilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY gy, A►pproved by Mavor: Date Approved by Mayor for Submission to Council By By , i z. ��' �°`t �,_ __..,_--._.---- _ . ..._____-_ __-----____--�---.-----.. ._ 15. Resolution amending the 1984 budget by 1dcl:ing $15,000 to the fir_a cing and' spendznG � plan for Government Responsiveness Progr�un. (Finance) -� . �� , � �L•.�( 7 3/ 16. Resolution authorizing an agreement with the State Dept. of Education for the esta�l�sh- ment of a lending library relationship with the City's Jivision of Libraxies. r • '� 17.. Resolution amending the 1984 budget by �addin� S S25 to the financin�� and spenilinn . � plan for Fire Fi�hting Equipment. (Police) � , - � 1.8. Resolution amending the 1954 budget by transferring �32, 000 from General Govt. Accounts - Contingent Reserve Specif� to l�ublic Works - Traffic Operations and biaintenance. (Public 1Vorks) � The following agenda items are end of tlle year budget amendments requiring action at th=s time. They are scheduled for the City Council agenda of December 13, 1984. 1 Resolution approving 1984-85 Maintenance Labor Agreements between I D #625 ary,d the Plasterers Local �t20 and the Cement N;asons Local ��560. (Personne��r 20. Resolution approving the 1985-1956 Agreement be ' y of St. Paul and the St. Paul Supervisors Organization. (Personnel ' 21. Resolution approving the 1985-1986 Collective Barg aining Agreement b,e,�tk�� he C' y and the St. Paul Manual and Maintenance Supervisors Assn. (Personne�JY � _'�I" 22 . Resolution approving the 1985-1986 Collective Bargair.ing me t between the City and the St. Paul Police Federation. (Personnel) _ , . 23. Resolution approving Memorandum of Agreement amending the 19S4-1985 Agreement between the city and the Tri-Council Barglining ,Unit renresenting Labore. s Loca? �!'•3^, Truck Drivers Local 120, and Opexating rngineers Local 49. (Personnel) �� 24. Resolution approving 1985-1986 Memor.andum of Understand�� rtain��g-i.q�,.the Con�idential Supervisory Employees. (Pexsonnel);Q, ' y�°��.�` � -- .. 25. Resolution amending the 1984 buciget by adding $107,574 to the Financing and Sper.d;�a Plan for Lxecutive Administration Dept. - !�ersonnel Off�ce. (nersonnel ,�-��6!°;� ��'�•-�.. �.�'.p� 2G. Resolution amending the 1984 budget by ac?c'.ing �2, 950 to the financina and sper.c?ina ��,: plan for Specia Frojects-General Govt. - ::oy �Vilkins Auditorium memorial granfi. (Public Works) ' The following item was acted upon as a non-agenda item: � ��- Resolution creating a 1984 operating budget for expenses incured since .7uly for �/ Honeywell building management system serving CH/CH, ADC, Annex and Main Librar '' ��L:-< �..:L.�,....