84-1034 r
�NHITE - C�TV CLERK 1
PINK - FINANCE COI1flC11
CANARV - DEPARTMENT G I TY OF SA I NT PAU L File NO. ��_/d�
BLUE - MAVOR
�
Co ncil Resolution
Presented By
�/Referred To ���� �'�'� Committee: Date � � �
Out of Committee By Date
RE50LVED, that the Council of the City of Saint Paul hereby approves
and ratifies the attached 1984 Maintenance Labor Agreement between the City of
5aint Paul and the International Union of Elevator Constructors, Local 9.
Appointed:
.
i
Chairman, Ci 1 Service Commissi n
COUNCILMEN Requested by Department of:
Yeas �� Nays �
orew [n Favor PERSO F
Masanz
Nicosia �
scheibei __ Against BY
Tedesco
Wilson
Adopted by Council: Date nur — 2 �98't For Approv d City ttorney
Certified P ss d un il BY
gy.
F1 v by Mavor: Dat AUC7 — �J Approved by Mayor for Submis ion to Council
�
BY gY r-_ - ��_ ` ,, ..----�
G
PUBLiS�iED au G 1 l 1984 \
� Personnel Office DEPARTItENT � ����� �
Jeanet e SnhAr�,a __ �ONTACT �
298-4221 PHONE �
July 3, 1�s4 pqTE re e e e
. (Routing and Explanation Sheet)
Assign Number for Routing Order (Clip All Locations for Mayoral Signature):
1 Department Di rector
2 City Attorney �9''Or��`� O
..�� , � ��E
3 Di rector of Management/Ma�yor �� �9��
Finance and Management Services Director � �'�� \C
City Clerk � ��SOFF �
Budget Di rector MP�
What Will be Achieved by Taking Action on the Attached Materials? (Purpose/Rationale):
This resolution approves the 1984 Agreement between the City and the Elevato ' tors
Loca7: No. 9. The only changes in the new agreement is the severance pa $6,500 maximum
and wages. �
Financial , Budgetary and Personnel Impacts Anticipated:
Total package increase is .24 per hour.
Cost for two employees is $998.
Fu�ding Source and Fund Activity Number Charged or Credit�d:.
Attachments (List and Number all Attachments�:
1. Resolution
2. Agreement
3. Copy for City. Clerk -
�
DEPARTMENT REVIEW CITY ATTORNEY REVIE61
Yes No Council Resolution Required? Resolution Required? Yes No
Yes No Insurance Required? Insurance Sufficient? Yes No
Yes No Insurance Attached?
Revision of October, 1982
(�PP RPVPI"CP Sicip for �instructions)
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` �-�"�`�`"��'� D o f e , July 26, 1984
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COtV1M (TT � E RE PORT
„ _ -
TO = Sa�n� Pau 1 City Cour�cit �
F� Q � = C o m m ir�-e e O h FINANCE, MANAGEI�NT � PERSONNEL
. � ' C t-�A 1 R James Scheibel. � � ,
-• _ 1. ApprovaLof minutes from meetings held July '12, 16 and 19, 1984. !��-
2. An ordinance amending Section 33.04 Subdivision 8 of the Le islatiye Code pertaining
to permit fees for electrical work. (Community Services) ���� , ,
. �
3. An ordinance amending Section 33.04, Subd. 8 (13) of the Legislative Code pertaining
to permit fees for warm air, heating, ventilation and general sheet metal work. '
(Cor.ununity Seryices) �{����'� .
• �1.;�,,,,,,..,,:,...__
4. An ordinance amending Section 33.04, Subd. 3 (7) of the Legislative Code establishing ��!���
-- --permit fees for plastering, stucco and spray-on fireproofing work. ((Community Services)�� w-
S. Resolution amending the 1954 CIT budget and transferring f10,700 from ConXingent Reserve-
Specified to Community Services Dept.-Parks f, creation (emergency repair of brick- •
work at b:ears Park). (Community Services) ��'"
,.� .
6. Resolution approving the transfer from Specified Contingency Reserved to various �
budgets to meet 1984 salary needs. (Executive Administration) f. . � _� �����,(�
7. Resolution appzoving 1984 6faintenance Labor Agreement be(ween the ji�����u��h����
International Union of Elevator Constructors, Local 9. Personnel ��Q
� ' f
8. Resolution approving 1984-85 Maintenance Labor Agreement between the City and the ��` -�
Operative Plasters' and Coment Masons' International hssn., Local�•560. (Personnel) ��►�=s"�-���
f
9. Resolution approving 1984-85 Dtaintenance Labor Agreement between the City and the
Bricklayers, Di3sons faxbl m -�ment Blocklayers and'Tuckpointers, Local Union .
No. 1 (Personnel). ' :
10. Resolution approving 1984 I�taintenance Labor A�reemen[ between the Independent School
District No. 625 and the United Assn. Pipefitters Local Union No. 455. (Personnel)
� ` �..�
11. Resolution approving 1984 btaintenance Labor Ag t►r en the City and the
Sheet Dletal Workers Local �'o. 10. (Personnel)� � � .
. i
12. Resolution approving 1984 Coliective Bargainin eement bctween the ISD �625
and the Plumbers Local No. 34. (Pcrsonnel
13. Resolution amending the Civil Service Rules and inserting the Communications Technician
LeadNOrkers in Se t' .I Gr�_ ade 35S and inserting its specifications in Section 32. .
(Personnel) �
14. Resolution amending the Civil Service Rules and inserting Communications Technicia
Helper in Section 3.D, and inserting its specifications in Section 32. (Fersonnel�
CITY HALL SEVENTH FLOOR �
SAINT PAUL. Dt1i�NESOTA SS102
Y 1 �
.'��.�a
��y-,o�y
# 1984
MAINTENANCE LABOR AGREEMENT
- between -
THE CITY OF SAINT PAUL
- and -
INTERNATIONAL UNION OF
ELEVATOR CONSTRUCTORS,
LOCAL 9
�j/� c��10��
I N D E X
ARTICLE TITLE PAGE
Preamble iii
I Purpose 1
II Recognition 2
III Employer Rights 3
IV Union Rights 4
V Scope of Agreement . 5
VI Probationary Periods 6
VII Philosophy of Employment and Compensation 7
VIII Hours of Work g
IX Overtime 9
X Call Back 10
XI Work Location 11
XII Wages 12
XIII Fringe Benefits 14
XIV Selection of Foreman and General Foreman 15
XV Holidays 16
XVI Disciplinary Procedures 17
XVII Absences From Work 18
RVIII Seniority 19
RIR Jurisdiction 20
XX Separation 21
XXI Tools 22
XXII Grievance Procedure 23
XXIII Right of Subcontract 28
XXIV Non-Discrimination 29
�XV Severability 30
XXVI Waiver 31
XXVII City Mileage Plan 32
X%VIII Severance Pay 33
XXIX Duration and Pledge 35
Appendix A A1
Appendix B B1
Appendix C C1
- ii -
�,���-i���
P R E A M B L E
This AGREEMENT is entered into between the City of Saint Paul,
hereinafter referred to as the EMPLOYER and the International Union of
Elevator Constructors, Local 9, hereinafter referred to as the UNION.
The EMPLOYER and the UNION concur that this AGREEMENT has as its
ob�ective the promotion of the responsibilities of the City of Saint Paul
for the benefit of the general public through effective labor-management
cooperation.
The EMPLOYER and the UNION both realize that this goal depends
not only on the words in the AGREEMENT but rather primarily on attitudes
between people at all levels of responsibility. Constructive attitudes of
the CITY, the UNION, and the individual employees will best s�rve the needs
of the general public.
- iii -
ARTICLE I - PURPOSE
1.1 The EMPLOYER and the UNION agree that the purpose for entering into
this AGREEMENT is to:
1.11 Achieve orderly and peaceful relations, thereby
establishing a system of uninterrupted operations
and the highest level of employee performance that
is consistent with the safety and well-being of
all concerned;
1.12 Set forth rates of pay, hours of work, and other
conditions of employment as have been agreed upon
by the EMPLOYER and the UNION;
1.13 Establish procedures to orderly and peacefully
resolve disputes as to the application of inter-
pretation 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 F.MPLOYER. 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).
- 1 -
��y`o��
ARTICLE II - RECOG*'ITION
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-475-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.
- 2 -
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.
- 3 -
°v� ��lo�y
ARTICLE IV - ;;NION RIGHTS
4.1 The EMPLOYER shall deduct from the wages of employees who authorize
such a deduction in writing an amount necessary to cover monthly
UNION dues. Such monies deducted shall be remitted as directed by
the UNION.
4.11 The EMPLOYER shall not deduct dues from the wages
of employees covered by this AGREEMENT for any other
labor organization.
' 4.12 The UNION shall indemnify and save harmless the
EMPLOYER from any and all claims or charges made
against the EriPLOYER 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 EhIPLOYER 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.
- 4 -
ARTICLE V - SCOPE OF THE AGREEMENT
5.1 This AGREEMENT establishes the "terms and conditions of employment"
defined by M.S. 179.63, Subd. 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.
- 5 -
�_��id��
ARTICLE VI - PROBATIONARY PERIODS
6.1 All personnel, originally hired or rehired following separation, in a _
regular employment status shall serve a six (6) month's probationary
period during which time the employee's fitness and ability to perform
the class of positions' duties and responsibilities shall be evaluated.
6.11 At any time during the probationary period an
employee may be terminated at the discretion of
the EMPLOYER without appeal to the provisions of
ARTICLE 22 (GRIEVANCE PROCEDURE) .
6.12 An employee terminated during the probationary
period shall receive a written notice of the reason(s)
for such termination, a copy of which shall be sent
to the UNION.
6.2 All personnel promoted to a higher class of positions shall serve a six
(6) months' promotional probationary period during which time the employee's
fitness and ability to perform the class of positions' duties and responsi-
bilities 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 F.MPLOYER
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.
- 6 -
ARTICLE VII - PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The EMPLOYER and the UNION are in full agreement that the philosophy
of employment and compensation shall be a "cash" hourly wage and
"industry" fringe benefit system.
7.2 The EMPLOYER shall compensate employees for all hours worked at the
basic hourly wage rate and hourly fringe benefit rate as found in
Article 12 (WAGES) and 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.
- 7 -
�- ��ia��
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
3udgment 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 sub�ect to call-back by the II�LOYER as provided by
Article 10 (CALL BACK) .
8.7 Employees reporting for work at the established starting time and for
whom no work is available shall receive pay for two (2) hours, at the
basic hourly rate, unless notification has been given not to report for
work prior to leaving home, or during the previous work day.
- 8 -
ARTICLE IX - OVERTIME
9.1 All overtime compensated for by the EMPLOYER must receive prior authori-
zation 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 ia 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
�l�s)•
9.4 For the purposee of calculating overtime compensation overtime hours
worked shall not be "pyramided", compounded, or paid twice for the same
hours worked.
9.5 Qvertime hours worked se provided by this ARTICLE shall be paid in cash
or compensatory time at the option of the Employer.
- 9 -
����o��
ARTICLE X - CALL BACK
10.1 The EMPLOYER retains the right to call back employees before an
employee has started a aormal 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 norma.l work
day shall complete the normal work day and be compensated only for the
overtime hours worked in accordance with Article 9 (OVERTIME) .
- 10 -
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 F.MPLOYER.
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.
- 11 -
(��y-�63�
� 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 sub�ect to
all other provisions of the AGREEMENT, but shall not have hourly
fringe benefit contributions and/or deductions made on their behalf
as provided for by Article 13 (FRINGE BENEFITS) .
12.21 Insurance benefits as established by City of
Saint Paul Resolutions.
12.22 Sick Leave as established by Resolution No. 3250,
Section 20.
12.23 Vacation as established by the Saint Paul Salary
Plan and Rates of Compensation, Section I,
Subdivision H.
12.24 Nine (9) legal holidays as established by the
Saint Paul Salary Plan and Rates of Compensation,
Section I, Subdivision I.
12.25 Severance benefits as established by Ordinance No.
11490 with a maximum payment of $4,000 or as established
by Article XXVIII in this Agreement.
12.3 Regular employees employed prior to February 15, 1974, and covered by
the fringe benefits listed in Article 12.2 shall be compensated in
accordance with Paragraph A of Appendix C.
12.4 Temporary and emergency employees shall be considered, for the purposes
of this AGREEMENT, participating employees and shall be compensated in
accordance with Paragraph B of Appendix C and shall not have any fringe
benefit contributions and/or deductions made in their behalf.
,.,
ARTICLE XII - WAGES (continued)
12.5 All regular and provisional employees employed after February 15, 1974,
shall be considered, for the purpose of this AGREEMENT, participating
employees and shall be compensated in accordance with Paragraph C of
Appendix C and shall not have any fringe benefit contributions and/or
deductions made in their behalf.
- 13 -
C'� ���°�`�
ARTICLE XIII - FRINGE BENEFITS
13.1 The EMPLOYER shall provide the fringe benefits listed in 12.2 only
to employees employed prior to February 15, 1974.
- 14 -
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.
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�������
ARTICi,� 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 �udg�ent of the EMPLOYER, personnel are necessary for
operating or emergency reasons, employees may be scheduled or "called
back" in accordance with Article 10 (CALL BACK) .
15.5 Employees working on a designated holiday shall be compensated at the
rate of two (2� times the basic hourly rate for all hours worked.
- 16 -
ARTICLE XVI - DISCIPLINARY PROCEDURES
16.1 The EMPLOYER shall have the right to impose disciplinary actions on
employees for �ust 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 discharge 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 PROCEDURES) .
- 17 -
. . � �c�/a�7
AR't'IC'LE XVII - e�BSENGES FROM WORK
17.1 Employees who are unable to report for their normal work day have
the responsibility to notify their supervisor of such absence as
soon as possible, but in no event later than the beginning of such
work day.
17.2 Failure to make such notification may be grounds for discipline
as provided in Article 16 (DISCIPLINARY PROCEDURES) .
17.3 Failure to report for work without notification for three (3)
consecutive norma.l work days may be considered a "quit" by the
EMPLOYER on the part of the employee.
- 18 -
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 thie 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 in�ury; is granted to
allow an employee to ac�ept 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 EN�LOYER 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 "Class Seniority"
than theemployee 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 II�LOYER.
- 19 -
. . ���� 03�
ARTICLE XIX - JURISDICTION
19.1 Disputes concerning work �urisdiction between and among unions is
recognized as an appropriate sub�ect for determination by the various
unions representing employees of the EMPLOYER.
19.2 The II�LOYER agrees to be guided in the assignment of work �urisdiction
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 El�LOYER and as
clarified by Sections 19.2 and 19.3 above shall be subject to disciplinary
action as provided in Article 16 (DISCIPLINARY PROCIDURES) .
19.5 There shall be no work stoppage, slow down, or any disruption of work
resulting from a work assignment.
- 20 -
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 F,MPLOYER before the
completion of a normal work day.
- 21 -
G�1=�`��°��
ARTICLE XXI - TOOLS
21.1 All employees shall personally provide themselves with the tools of
the trade as lieted in Appendix B.
- 22 -
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 F.MPLOYER 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 houra, 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 II�I?PLOYER.
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 proceasing of grievances, which are defined as an alleged
violation of the terms and conditions of this AGREIIKENT.
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 iaformal basis with the employee's
supervisor. If the matter is not resolved to the
- 23 -
��-----�e���
ARTICLE XXII - GRIEVANCE PROCEDURE (continued)
employee's satisfaction by the informa.l 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 AGREE-
MENT 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 remaina 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.
- 24 -
ARTICLE XXII - 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 EMPLOYER ehall reply in writing to the UNION
stating the EMPLOYER'S answer concerning the grievance.
If, as a result of the written response the grievance remains
unresolved, the UNION may refer the grievance to Step 4.
Any grievance not referred to in writing by the UNION to
Step 4 within aeven (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 II�PLOYER 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
- 25 -
����8��
ARTICLE XXII - GRIEVANCE PROCEDURE (continued)
strike the first (lst) name; the E,MPLOYER 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 thrity (30) days
following cloae 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 EI�LOYER, the UNION and the employees.
22.6 The fees and expenses for the arbitrator's services and proceedings
shall be borne equally by the EMPLOYER and the UNION, provided that
each party shall be responsible for compensating its own representative
and witnesses. If either party desires a verbatim record of the
proceedings, it may cause such a record to be made providing it pays
for the record.
- 26 -
ARTICLE XXII - GRIEVANCE PROCEDURE (continued)
22.7 The time limits in esch step of this procedure may be extended by
mutual agreement of the EMPLOYER and the UNION.
- 27 -
�������
ARTICLE XXAII - RIGHT OF SUBCONTRAC'I
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
sub-contract.
23.2 The sub-contracting 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.
- 28 -
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
agaiast, any individual because of race, color, creed, sex,
age, or because of inembership 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.
- 29 -
G��`�-�°3y
A.RTICLE �.'XV - SFVERABILITY
25.1 In the event that any provision(s) of this AGREEMENT is declared _
to be contrary to law by proper legislative, administrative, or
�udicial 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 �udicial determination.
- 30 -
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 sub�ect
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.
- 31 -
��y=�03�
ARTICLE XXV1�: -- �1'�Y MZ�.�1GE
27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the
Saint Paul Administrative Code, as amended, pertaining to reimbursement
of City officers and employees for the use of their own automobiles in
the performance of their duties, the following provisions are adopted.
27.2 Method of Computation: To be eligible for such reimbursement, all
officers and employees must receive written authorization from the
Department Head.
Type 1. If an employee is required to use his/her own automobile
OCCASIONALLY during employment, the employee shall be reimbursed at
the rate of $3.00 per day for each day the employee's vehicle is
actually used in performing the duties of the employee's position.
In addition, the employee shall be reimbursed 15C per mile for each
mile actually driven.
If such employee is required to drive an sutomobile during employment and
the department head or designated representative determines that an
employer vehicle is available for the employee's use but the employee
desires to use his/her own automobile, then the employee shall be reim-
bursed at the rate of 15� per mile driven and shall not be eligible
for any per diem.
�pe 2. If an employee is required to use his/her own automobile
REGULARLY during employment, the employee shall be reimbursed at the
rate of $3.00 per day for each day of work. In addition, the employee
shall be reimbursed 15C per mile for each mile actually driven.
If such employee is required to drive an automobile during employment
and the department head or designated representative determines that
an employer vehicle is available for the employee's use but the employee
desires to use his/her own automobile, then the employee shall be reim-
bursed at the rate of 15� per mile driven and shall not be eligible for
any per diem.
27.3 The City will provide parking at the Civic Center Parking Ramp for City
employees on either of the above mentioned types of reimbursement plans
who are required to have their personal car available for City business.
Such parking will be provided only for the days the employee is required
to have his or her own personal car available.
27.4 Rules and Regulations: The Mayor shall adopt rules and regulations
governing the procedures for automobile reimbursement, which regulations
and rules shall contain the requirement that recipients shall file daily
reports indicating miles driven and shall file monthly affidavits stating
the number of days worked and the number of miles driven, and further
require that they maintain automobile liability insurance in amounts of
not less than $100,000/$300,000 for personal in�ury, and $25,000 for
property damage, or liability insurance in amounts not less than $300,000
single limit coverage, with the City of Saint Paul named as an additional
�nsured. These rules and regulations, together with the amendment thereto,
shall be maintained on file with the city clerk.
- 32 -
ARTICLE XXVIII - SEVERANCE PAY
28.1 The employer shall provide a severance pay program as set forth
in this Article.
28.2 To be eligible for the severance pay program, an employee must meet
the following requirements:
28.21 The employee must be 58 years of age or older or must be
eligible for pension under the "rule of 90" provisions
of the Public Employees Retirement Association (PERA) . The
"rule of 90" criteria shall also apply to employees covered
by a public pension plan other than PERA.
28.22 The employee must be voluntarily separated from City employment
or have been sub�ect to separation by lay-off or compulsory
retirement. Those employees who are discharged for cause,
misconduct, inefficiency, incompetency, or any other disciplinary
reason are not eligible for the City severance pay program.
28.23 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, employ-
ment in either the City or in the Independent School District
No. 625 may be used in meeting this ten (10) year service re-
quirement.
28.24 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 reemployment (of anq type) , with the City
or with Independent School District No. 625.
28.25 The employee must have accumulated a minimum of sixty (60)
days of sick leave credits at the time of his separation
from service.
28.3 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 sub�ect to a maximum of 200 accrued
sick leave days.
28.4 The maximum amount of money that any employee may obtain through this
severance pay program is $6,500.
- 33 -
��-��d3�
ARTICLE XXVIII - SEVERANCF PAY (cont.)
28.5 For the purpose of this severance 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 will be made to
the employee's estate or spouse.
28.6 For the purpose of this severance program, a transfer from the
City of Saint Paul employment to Independent School District No. 625
employment is not considered a separation of employment, and such
transferee shall not be eligible for the City severance program.
28.7 The manner of payment of such severance pay shall be made in
accordance with the provisions of City Ordinance No. 11490.
28.8 This severance pay program shall be sub�ect to and governed by the
provisions of City Ordinance No. 11490 except in those cases where
the specific proviaions of this article conflict with said ordinance
and in such cases, the provisions of this article shall control.
28.9 The provisions of this article shall be effective as of July l, 1984.
28.10 Any employee hired prior to February 15, 1974 may, in any event, and
upon meeting the qualifications of this article or City Ordinance
No. 11490, as amended by City Ordinance No. 16303, section 1, section 6,
draw severance pay. However, an election by the employee to draw
severance pay under either this article or the ordinance shall constitute
a bar to receiving severance pay from the other.
- 34 -
ARTICLE XXIX - DURATION AND PLEDGE
29.1 This AGREEMENT shall become effective as of the date of signing,
except as specifically provided otherwise in Articles 12 and 13, and
shall remain in effect through the 31st day of May 1985, and continue
in effect from year to year thereafter unless notice to change or to
terminate is given in the manner provided in 29.2.
29.2 If either party desires to terminate or modify this AGREEMENT, 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.
29.3 In consideration of the terms and conditions of employment established
by this AGREEMENT and the recognition that the GRIEVANCE PROCEDURE
herein established is the means by which grievances concerning its
application or interpretation may be peacefully resolved, the parties
hereby pledge that during the term of the AGREEMENT:
29.31 The UNION and the employees will not engage in,
instigate, or condone any concerted action in which
employees fail to report for duty, willfully absent
themselves from work, stop work, slow down their work,
or absent themselves in whole or part from the full,
faithful performance of their duties of employment
- 35 -
�_���b 3y
ARTICLE XXIX - DL'RATION AND PLEDGE (continued)
29.32 The EMPLOYER will not engage in, instigate, or condone
any lock-out of employees.
29.33 This conatitutes a tentative agreement between the
parties which will be recommeaded by the City Negotiator,
but is sub3ect to the approval of the Administration of
The City, the City Council and is also sub�ect to
ratification by the UNION.
AGREED to this 26th day of June, 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 representative for the EMPLOYER
and the UNION.
WITNESSES:
INTERNATIONAL UNION OF ELEVATOR
CITY OF SAINT PAUL CONSTRUCTORS LOCAL N0. 9 ,_
La or R ations D ctor B iness e
Civil Service Coannission
- 36 -
APPENDIX A
The classes of positions recognized by the EMPLOYER as being exclusively
represented by the UNION are as follows:
Elevator Inspector
and other classes of positions that may be established by the F.MPLOYER where
the duties and responsibilities assigned comes within the jurisdiction of
the UNION.
- A1 -
G�r--����3�
APPENDIX B
All necessary hand tools.
- Bl -
APPENDIX C
A. The basic hourly wage rate for regular employees appointed to the
. following class of positions who are receiving the Fringe Benefits
listed in Article 12.2 shall be:
Effective
June 1, 1984
Elevator Inspector . . . . . . . . . . . . $20.27
B. The basic hourly wage for temporary and emergency employees appointed
to the following class of positions shall be:
Effective
June 1,1984
Elevator Inspector . . . . . . . . . . . . $24.59
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
June 1, 1984
Elevator Inspector . . . . . . . . . . . . $23.64
The EMPLOYER shall eatablish Workman's Compensation and Unemployment
Compensation programs as required by Minnesota Statutes.
- Cl -
'- � ,
WHITE - CITV CLERK
PINK - FINANCE (�j I TY OF SA I NT PA U L Council �J/�
CANARV - DEPARTMENT File NO• `� � /D��
BLU�E -MAVOR
�
CITY CI,E�2K Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, that the Council of the City of Saint Paul hereby approves
and ratifies the attached 1984 Maintenance Labor Agreement between the City of
Saint Paul and the International Union of Elevator Constructors, Local 9.
Appointed:
Chairman, Civil Service Commission
COUNCILMEN
Yeas �h� Nays Requested by Department of:
Draw I(1 Favor PERSONNEL OFFICE
Mspnz
Nkosia
���� Against BY
T�dssco
Wflson
Form Approved by City Attorney
Adopted by Council: Date
Ceri:i�►ed Passed by Council Secretary - By
gy,
Approved by Mavor: Date Approved by Mayor for Submission to Council
By By
, . . . �r�i�/03�
(�
1984
MAINTENANCE LABOR AGREEMENT
- between -
THE CITY OF SAINT PAUL
- and -
INTERNATIONAL UNION OF
ELEVATOR CONSTRUCTORS,
LOCAL 9
� ���o��
I N D E X
ARTICLE TITLE PAGE
Preamble iii
I Purpose 1
II Recognition 2
III Employer Rights 3
IV Union Rights 4
V Scope of Agreement 5
VI Probationary Periods 6
VII Philoso�hy of Employment and Compensation 7
VIII Hours of Work 8
IX Overtime 9
X Call Back 10
XI Work Location 11
XII Wages 12
XIII Fringe Benefits 14
XIV Selection of Foreman and General Foreman 15
XV Holidays 16
RVI Disciplinary Procedures 17
XVII Absences From Work 18
RVIII Seniority 19
XIX Jurisdiction 20
XX Separation 21
XXI Tools 22
RXII Grievance Procedure 23
XXIII Right of Subcontract 28
RXIV Non-Discrimination 29
�CXV Severability 30
XXVI Waiver 31
XXVII City Mileage Plan 32
XXVIII Severance Pay 33
X%IR Duration and Pledge 35
Appendix A A1
Appendix B B1
Appendix C C1
- ii -
. .
� ���a3�
P R E A M B L E
This AGREEMENT is entered into between the City of Saint Paul,
hereinafter referred to as the EMPLOYER and the International Union of
Elevator Constructors, Local 9, hereinafter referred to as the UNION.
The EMPLOYER and the UNION concur that this AGREEMENT has as its
ob�ective the promotion of the responsibilities of the City of Saint Paul
for the benefit of the general public through effective labor-management
cooperation.
The EMPLOYER and the UNION both realize that this goal depends
not only on the words in the AGREEMENT but rather primarily on attitudes
between people at all levels of responsibility. Constructive attitudes of
the CITY, the UNION, and the individual employees will best serve the needs
of the general public.
- iii -
� •
ARTICLE I - PURPOSE
1.1 The EMPLOYER and the UNION agree that the purpose for entering into
this AGREEMENT is to:
1.11 Achieve orderly and peaceful relations, thereby
establishing a system of uninterrupted operations
and the highest level of employee performance that
is consistent with the safety and well-being of
all concerned;
1.12 Set forth rates of pay, hours of work, and other
conditions of employment as have been agreed upon
by the E1�LOYER and the UNION;
1.13 Establish procedures to orderly and peacefully
resolve diaputes as to the application of inter-
pretation of this AGREII�IENT without loss of manpower
productivity.
1.2 The II�LOYER and the UNION agree that this AGREII�IENT serves as a
supplement to legislation that creates and directs the F.MPLOYER. 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).
- 1 -
. . �= ���03�
ARTICLE II - RECOGATITION
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-475-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.
- 2 -
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.
- 3 -
�����3�
ARTICLE IV - UNION RIGHTS
4.1 The EMPLOYER shall deduct from the wages of employees who authorize
such a deduction in writing an amount necessary to cover monthly
UNION dues. Such monies deducted shall be remitted as directed by
the UNION.
4.11 The EMPLOYER shall not deduct dues from the wages
of employees covered by this AGREEMENT for any other
labor organization.
' 4.12 The UNION shall indemnify and save harmless the
EMPLOYER from any and all claims or charges made
against the ENIPLOYER as a result of the implementation
of this ARTICLE.
4.2 The UNION may designate one (1) employee from the bargaining unit to
act as a Steward and shall inform the II�LOYER 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�tPLOYER 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.
- 4 -
ARTICLE V - SCOPE OF THE AGREEMENT
5.1 This AGREEMENT establishes the "terms and conditions of employment"
defined by M.S. 179.63, Subd. 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.
- 5 -
�=--�y- �a��
ARTICLE VI - PROBATIONARY PERIODS
6.1 All personnel, originally hired or rehired following separation, in a
regular employment status shall serve a six (6) month's probationary
period during which time the employee's fitness and ability to perform
the class of positions' duties and responsibilities shall be evaluated.
6.11 At any time during the probationary period an
employee may be terminated at the discretion of
the EMPLOYER without appeal to the provisions of
ARTICLE 22 (GRIEVANCE PROCEDURE) .
6.12 An employee terminated during the probationary
period shall receive a written notice of the reason(s)
for such termination, a copy of which shall be sent
to the UNION.
6.2 All personnel promoted to a higher class of positions shall serve a six
(6) months� promotional probationary period during which time the employee's
fitness and ability to perform the class of positions' duties and responsi-
bilities 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 F.MPLOYER
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.
- 6 -
ARTICLE VII - PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The EMPLOYER and the UNION are in full agreement that the philosophy
of employment and compensation shall be a "cash" hourly wage and
"industry" fringe benefit system.
7.2 The EMPLOYER shall compensate employees for all hours worked at the
basic hourly wage rate and hourly fringe benefit rate as found in
Article 12 (WAGES) and 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.
- 7 -
�������
ARTICLE VIII - HOLRS 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 IIKPLOYER'S
�udgment to establish second and third shifts or a work week of other than
Monday through Friday, the UNION agrees to enter into negotiations immediately
to establish the conditions of such shifts and/or work weeks.
8.4 This section shall not be construed as, and is not a guarantee of, any
hours of work per normal work day or per normal work week.
8.5 All employees shall be at the location designated by their supervisor, ready
for work, at the established starting time and shall remain at an assigned
work location until the end of the established work day unless otherwise
directed by their supervisor.
8.6 All employees are sub�ect to call-back by the EhIl'LOYER as provided by
Article 10 (CALL BACK) .
8.7 Employees reportiag for work at the established starting time and for
whom no work is available shall receive pay for two (2) hours, at the
basic hourly rate, unless notification has been given not to report for
work prior to leaving home, or during the previous work day.
- 8 -
ARTICLE IX - OVERTIME
9.1 All overtime compensated for by the EMPLOYER must receive prior suthori-
zation 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 eame
hours worked.
9.5 Overtime hours worked as provided by this ARTICLE shall be paid in cash
or compensatory time at the option of the Employer.
- 9 -
� ������
ARTICLE X - CALL BACK
10.1 The EMPLOYER retains the right to call back employees before an
employee has started a nortnal 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 work
day shall complete the normal work day and be compensated only for the
overtime hours worked in accordance with Article 9 (OVERTIME) .
- 10 -
ARTICLE RI - 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 II�LOYER.
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.
- 11 -
�i=���d3�
' ' ARTICLF XTT _ ��;r��
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.
12.22 Sick Leave as established by Resolution No. 3250,
Section 20.
12.23 Vacation as established by the Saint Paul Salary
Plan and Rates of Compensation, Section I,
Subdivision H.
12.24 Nine (9) legal holidays as established by the
Saint Paul Salary Plan and Rates of Compensation,
Section I, Subdivision I.
12.25 Severance benefits as established by Ordinance No.
11490 with a maximum payment of $4,000 or as established .
by Article RXVIII in this Agreement.
12.3 Regular employees employed prior to February 15, 1974, and covered by
the fringe benefits listed in Article 12.2 shall be compensated in
accordance with Paragraph A of Appendix C.
12.4 Temporary and emergency employees shall be considered, for the purposes
of this AGREEMENT, participating employees and shall be compensated in
accordance with Paragraph B of Appendix C and shall not have any fringe
benefit contributions and/or deductions made in their behalf.
,.,
ARTICLE XII - WAGES (continued)
12.5 All regular and provisional employees employed after February 15, 1974,
shall be considered, for the purpose of this AGREEMENT, participating
employees and shall be compensated in accordance with Paragraph C of
Appendix C and shall not have any fringe benefit contributions and/or
deductions made in their behalf.
- 13 -
��y�°3�
ARTICLE XIII - FRINGE BENEFITS
13.1 The EMPLOYER shall provide the fringe benefits listed in 12.2 only
to employees employed prior to February 15, 1974.
- 14 -
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.
- 15 -
�r=����3�
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 �udgment of the EMPLOYER, personnel are necessary for
operating or emergency reasons, employees may be scheduled or "called
b ack" in accordance with Article 10 (CALL BACK) .
15.5 Employees working on a designated holiday shall be compensated at the
rate of two (2Z times the basic hourly rate for all hours worked.
- 16 -
ARTICLE XVI - DISCIPLINARY PROCEDURES
16.1 The EMPLOYER shall have the right to impose disciplinary actions on
employees for �ust 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 discharge 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 PROCEDURES).
- 17 -
���ia3�
ARTICLE XVII - ABSENCES FROM WORK
17.1 Employees who are unable to report for their normal work day have
the responsibility to notify their supervisor of such absence as
soon as possible, but in no event later than the beginning of such
work day.
17.2 Failure to make such notification may be grounds for discipline
as provided in Article 16 (DISCIPLINARY PROCEDURES) .
17.3 Failure to report for work without notification for three (3)
consecutive normal work days may be considered a "quit" by the
EMPLOYER on the part of the employee.
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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 thie 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 thie 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 graated because of illness or injury; is granted to
allow an e.nnployee 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
diacharged.
18.4 In the event it is determined by the F.MPLOYER 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 "Class Seniority"
than theemployee 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 II�'LOYER.
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���`�3�
ARTICLE XIX - JURISDICTION
19.1 Disputes concerning work �urisdiction between and among unions is
recognized as an appropriate sub�ect for determination by the various
unions representing employees of the EMPLOYER.
19.2 The EMPLOYER agrees to be guided in the assignment of work �urisdiction
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 IIKPLOYER'S basic
right to assign work.
19.4 Any employee refusing to perform work assigned by the F.rIl'LOYER and as
clarified by Sections 19.2 and 19.3 above shall be subject to disciplinary
action as provided in Article 16 (DISCIPLINARY PROCEDURES) .
19.5 There shall be no work stoppage, slow down, or any disruption of work
resulting from a work assignment.
- 20 -
ARTICLE XX - SEPARATION
20.1 Employees having a probationary or regular employment status shall
be considered separated from employment baaed 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.
- 21 -
� ��/a3'�
ARTICLE XXI - TOOLS
21.1 All employees shall personally provide themselves with the tools of
the trade as listed in Appendix B.
- 22 -
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 F,MPLOYER in writing of the names of
the stewards and of their successors when so named.
22.2 It is recognized and accepted by the F.MPLOYER 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 workiag 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
- 23 -
��y/�3 N
ARTICLE XXII - GRIEVANCE PROCEDURE (continued)
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 AGREE-
MENT 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 ahould 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.
- 24 -
ARTICLE XXII - GRIEVANCE PROCEDURE (continued)
Step 3. Withia seven (7) calendar days following receipt
of a grievance referred from Step 2 a designated ENIPLOYER
supervisor shall meet with the Union Business Manager or
his designated representative and attempt to resolve the
grievance. Within seven (7) calendar days following this
meeting the EMPLOYER shall reply in writing to the UNION
stating the EMPLOYER'S answer concerning the grievance.
If, as a result of the written response the grievance remains
unresolved, the UNION may refer the grievance to Step 4.
Any grievance not referred to 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 II�IPLOYER in Step 3, by written notice to the II�IPLOYER,
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
- 25 -
��`����3�
ARTICLE XXII - GRIEVANCE PROCEDURE (continued)
strike the first (lst) name; the F.MPLOYER 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 suthority
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 ehall be submitted in writing within thrity (30) days
following close of the hearing or the submission of briefs by the
parties, whichever be later, unless the parties agree to an extension.
The decision shall be based solely on the arbitrator's interpretation
or application of the express terms of this AGREEMENT and to the facts
of the grievance presented. The decision of the arbitrator shall be
final and binding on the EMPLOYER, the UNION and the employees.
22.6 The fees and expenses for the arbitrator's services aad proceedings
shall be borne equally by the EMPLOYER and the UNION, provided that
each party shall be responsible for compensating its own representative
and witnesses. If either party desires a verbatim record of the
proceedings, it may cause such a record to be made providing it pays
for the record.
- 26 -
ARTICLE XXII - GRIE�IANCE PROCEDURE (continued)
22.7 The time limits in each step of this procedure may be extended by
mutual agreement of the EMPLOYER and the UNION.
- 27 -
�����
ARTICLE XXIII - RIGH'I OF SUBCONTRACT
23.1 The II�IPLOYER 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
sub-contract.
23.2 The sub-contracting 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.
- 28 -
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 inembership or non-memberahip 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.
- 29 -
�= ��j/03�
ARTICLE XXV - SE�ERA�3ILITY
25.1 In the event that any provision(s) of this AGREEMENT is declared
to be contrary to law by proper legislative, administrative, or
�udicial 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 �udicial determination.
- 30 -
ARTICLE XXVI - WAIVER
26. 1 The II�LOYER and the UNION acknowledge that during the meeting and
negotiating which resulted in this AGREEMENT, each had the right
and opportunity to make proposals with respect to any sub�ect
concerning the terme 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.
- 31 -
��y-i�3�
ARTICLE XXVII - CITY MILEAGE
27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the
Saint Paul Adminiatrative Code, as amended, pertaining to reimbursement _
of City officers and employees for the use of their own sutomobiles in
the performance of their duties, the following provisions are adopted.
27.2 Method of Computation: To be eligible for such reimbursement, all
officers and employees must receive written authorization from the
Department Head.
T�pe 1. If an employee is required to use his/her own automobile
OCCASIONALLY during employment, the employee shall be reimbursed at
the rate of $3.00 per day for each day the employee's vehicle is
actually used in performing the duties of the employee's position.
In addition, the employee shall be reimbursed 15� per mile for each
mile actually driven.
If such employee is required to drive an automobile during employment and
the department head or designated representative determines that an
employer vehicle is available for the employee's use but the employee
desires to use his/her own automobile, then the employee shall be reim-
bursed at the rate of 15� per mile driven and shall not be eligible
for any per diem.
Type 2. If an employee is required to use his/her own automobile
REGULARLY during employment, the employee shall be reimbursed at the
rate of $3.00 per day for each day of work. In addition, the employee
shall be reimbursed 15C per mile for each mile actually driven.
If such employee is required to drive an automobile during employment
and the department head or designated representative determines that
an employer vehicle is available for the employee's use but the employee
desires to use his/her own automobile, then the employee shall be reim-
bursed at the rate of 15� per mile driven and shall not be eligible for
any per diem.
27.3 The City will provide parking at the Civic Center Parking Ramp for City
em�loyees on either of the above mentioned types of reimbursement plans
who are required to have their personal car available for City business.
Such parking will be provided only for the days the employee is required
to have his or her own personal car available.
27.4 Rules and Regulations: The Mayor shall adopt rules and regulations
governing the procedures for sutomobile reimbursement, which regulations
and rules shall contain the requirement that recipients shall file daily
reports indicati.ng miles driven and shall file monthly affidavits stating
the number of days worked and the number of miles driven, and further
require that they maintain automobile liability insurance in amounts of
not less than $100,000/$300,000 for personal in�ury, and $25,000 for
property damage, or liabilitv insurance in amounts not less than $300,000
single limit coverage, with the City of Saint Paul named as an additional
insured. These rules and regulations, together with the amendment thereto,
shall be maintained on file with the city clerk.
- 32 -
ARTICLE XXVIII - SEVERANCE PAY
28.1 The employer shall provide a severance pay program as set forth
in this Article.
28.2 To be eligible for the severance pay program, an employee must meet
the following requirements:
28.21 The employee must be 58 years of age or older or must be
eligible for pension under the "rule of 90" provisions
of the Public Employees Retirement Association (PERA) . The
"rule of 90" criteria shall also apply to employees covered
by a public pension plan other than PERA.
28.22 The employee must be voluntarily separated from City employment
or have been eub�ect to separation by lay-off or compulsory
retirement. Those employees who are discharged for cause,
misconduct, inefficiency, incompetency, or any other disciplinary
reason are not eligible for the City severance pay program.
28.23 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, employ-
ment in either the City or in the Independent School District
No. 625 may be used in meeting this ten (10) year service re-
quirement.
28.24 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 reemployment (of any type) , with the City
or with Independent School District No. 625.
28.25 The employee must have accumulated a minimum of sixty (60)
days of sick leave credits at the time of his separation
from service.
28.3 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 sub�ect to a maximum of 200 accrued
sick leave days.
28.4 The maximum amount of money that any employee may obtain through this
severance pay program is $6,500.
- 33 -
����o� y
ARTICLE XXVIII - SE�'EFiANCE FAY (cont.)
28.5 For the purpose of this severance 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 will be made to
the employee's estate or spouse.
28.6 For the purpose of this severance program, a transfer from the
City of Saint Paul employment to Independent School District No. 625
employment is not considered a separation of employment, and such
transferee shall not be eligible for the City severance program.
28.7 The manner of payment of such severance pay shall be made in
accordance with the provisions of City Ordinance No. 11490.
28.8 This severance pay program shall be sub�ect to and governed by the
provisions of City Ordinance No. 11490 except in those cases where
the specific provisions of this article conflict with said ordinance
and in such cases, the provisions of this article shall control.
28.9 The provisions of this article shall be effective as of July 1, 1984.
28.10 Any employee hired prior to February 15, 1974 ma.y, in any event, and
upon meeting the qualifications of this article or City Ordinance
No. 11490, as amended by City Ordinance No. 16303, section 1, section 6,
draw severance pay. However, an election by the employee to draw
severance pay under either this article or the ordinance shall constitute
a bar to receiving severance pay from the other.
- 34 -
ARTICLE RXIX - DURATION AND PLEDGE
29.1 This AGREEMENT shall become effective as of the date of signing,
except as specifically provided otherwise in Articles 12 and 13, and
shall remain in effect through the 31st day of May 1985, and continue
in effect from year to year thereafter unless notice to change or to
terminate is given in the manner provided in 29.2.
29.2 If either party desires to terminate or modify this AGREEMENT, 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.
29.3 In consideration of the terms and conditions of employment established
by this AGREEMENT and the recognition that the GRIEVANCE PROCEDURE
herein established is the means by which grievances concerning its
application or interpretation may be peacefully resolved, the parties
hereby pledge that during the term of the AGREEMENT:
29.31 The UNION and the employees will not engage in,
instigate, or condone any concerted action in which
employees fail to report for duty, willfully absent
themselves from work, stop work, slow down their work,
or absent themselves in whole or part from the full,
faithful performance of their duties of employment
- 35 -
��`�-l°3�
,,,n�rTCI:" v�':� _ T?rp'�:TIf", r.*,'r �-c-r�rr � �.nti' ^��
29.32 The EMPLOYER will aot engage in, instigate, or condone
any lock-out of employees.
29.33 This constitutes a tentative agreement between the
parties which will be recommended by the City Negotiator,
but is sub�ect to the approval of the Administration of
The City, the City Council and is also sub�ect to
ratification by the UNION.
AGREED to this 26th day of June, 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 representative for the EMPLOYER
and the UNION.
WITNESSES:
INTERNATIONAL UNION OF ELEVATOR
CITY OF SAINT PAUL CONSTRUCTORS LOCAL N0. 9
La or R ations D ctor B iness e
Civil Service Commission
- 36 -
APPENDIX A
The classes of positions recognized by the EMPLOYER as beirig exclusively
represented by the UNION are as follows:
Elevator Inspector
and other classes of positions that may be established by the F�LOYER where
the duties and responsibilities assigned comes within the �urisdiction of
the UNION.
- A1 -
APPENDIX C
A. The basic hourly wage rate for regular employees appointed to the
following class of positions who are receiving the Fringe Benefits
listed in Article 12.2 shall be:
Effective
June 1, 1984
Elevator Inspector . . . . . . . . . . . . $20.27
B. The basic hourly wage for temporary and emergency employees appointed
to the following class of positions shall be:
Effective
June 1,1984
Elevator Inspector . . . . . . . . . . . . $24.59
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
June 1, 1984
Elevator Inspector . . . . . . . . . . . . $23.64
The EMPLOYER shall establish Florkman's Compensation and Unemployment
Compensation programs as required by Minnesota Statutes.
- Cl -