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84-1035 WHITE - GTV CLERK PINK - FINANCE GITY OF SAINT PAUL Council /� CANARV - DEPARTMENT File NO. P�� /D�� BI.UE - MAVOR � Co nc 'l Resolution Presented By V Referred To � ��"��`-' , '� � �l� � � Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1984-1985 Labor Maintenance Agreement between the City of Saint Paul and the Operative Plasterers' and Cement Masons' International Association, Local 560. Approved: Chairman, C il Service Commis ion COUNCILMEN Requested by Department of: Yeas � Nays Drew In Favor E CE Masanz ;' NiCOSia scheibe� � __ Against BY Tedesco Wilson AUG — 2 �9�9 Form ppro d City Attorney Adopted by Council: Date Certified P•ss Council S eta BY By , . Ap �VI vor: Date � ' �g� Ap oved by Mayor for Su i sion to Council - c gy _ g•�; , � ��— PUBI,fS�iED AU G 11 1984 -. I - �� ,_ �y-�� Personnel Office DEPARTI�tENT � an P Snh nia - rONTACT 298-422i PHONE �� ' J�� 3 1984 DATE ��/ . {Routing and Explanation Sheet) Assign Number for Routing Order (Clip All Locations for Mayoral Signature): ' i Department Director ' 2 City Attorney �.A''a � ��,��ED 3 Director of Management/Mayor �1 �0 � � Finance and Management Services Director � � i984 City Clerk NfAYOR'S OFFICE Budget Di rector What Will be Achieved by Taking Action on the Attached Materials? (Purpose/Rationale):_ This resolution approves the 1384-1985 Agreement between the City and the Cement Masons Local No. 560. The changes in the new agreement include the items on attached sheet. Financial , Budgetary and Personnel Impacts Anticipated: Cost for approximately 1200 hours per year. $300.00 each year. Funding Source and Fund Activity Number Charqed or Credited: Attachments (List and Number all Attachrr�nts}: 1. Resolution 2. Agreement 3. Copy for City Clerk DEPARTMENT REVIEW CITY ATTORNEY REVIEW 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 RPVPPCP Side for 'Instructions) � . a r ��/0,�` 1984-1985 Agreement between the City of St. Paul and the Cement Masons Local No. 560. 1. Article 9.33 - Deleted. Compensation for work in excess of 12 hours. 2. Article 12.24 - Additional Holiday 3. Article .T2;:Z5 - 6everance Pay reference. 4. Article XV - Holidays - new language implementing Martin Luther King Day as an additional holiday effective 1986. 5. Article XXVIII - Severance Pay. New language implementing the new severance pay plan. $6,500 maximum and minimum age of 58 or retirement under PERA'S "rule of 85 or 90". 6. Wages to Fringes $0.25 per hour increase in Fringes each year. No increase in wages. }�� <i. • =,':� ' -..'�� Cx'Z`Y OF SAIN7.' �AUL � /0,35 �' � �� -� ��t`-�—T�4 . %� . OL`3�ICI; OI;' Z`FI7i: CI'.PY COUNCiL �i '{ �'ti+`i.s`•ri:- j ' . ��117�i<��}l�-�' .•� • • . �s:_.:;�r.c�:�. . D Q �'Q . July 26, 1984 • �- L % ,�� _>` . �b�''�'� ' � COMMIT?' � E RE PORT . . � 't'O = Sqin� Pau ! City Cou�cit F R 0 I� ' C O IYl C��r�e� O h FINANCE, MANAGEMENT � PERSONNEL � � C k-�A I R James Scheibel. � ' . .• _ 1. AppmvaLof minutes from meetings held July �12, 16 and 19, 1984. ,��,�• 2. An ordinance amending Section 33.04 Subdivision 8 of the Le islativery C�od�e pertaining to permit fees for electrical ��rork. (Community Services) ��`?� . . 3. An ordinance amending Section 33.04, Subd. 8 (13) of the Legislative Code.pertaining � to permit fees for xarm air, heating, ventilation and general sheet metal work. ' (Cor.ununity Services) ��j . : 4. An ordinance amending Section 33.04, Subd. 3 (7) of the Legislative Code establishing �n"��.�T-^i1� -- --permit fees for plastering, stucco and spray-on fireproofing work. ((Conununity Services)rT� . S. Resolution amen ding the 1954 CIT budget and transferring �10,700 from Conxingent Reserve- Specified to Community Services Dept.-Parks f, Recreation (emergency repair of brick- • work at D:ears Park). (Community Services) �rZ�} ��` �,.:.,�.�� • , 6. Resolution approving the transfer from Specified Contingency Teserved to various budgets to meet 1984 salary needs. (Executive Administration) f" . °� •' ��'�.��'Q�,{� 7. Resolution approving 1984 bfaintenzu►ce Labor Agreement be(ween the ji��e�� . International Union of Elevator Constructors, Local 9. Personnel ' ' 1 8. Resolution approving 1984-85 I�laintenance Labor Agreement between the City and the �)�i1F,�`�-�y Operative Plasters' and Coment bfasons' International hssn., Local-560. (Personnel� TSCG ��" � I 9. Resolution approving 1984-85 Dtaintenance Labor Agreement between the City and the Bricklayers, Ai3sons fazbl m �; ment Blocklayers and�Tuckpointers, Local Union . No. 1 (Personnel). ' � � 10. Resolution approving 1984 Dlaintenance Labor A�reement between the Independent School ' District No. 625 and the United Assn. Pipefitters Local Union No. 455. (Personnel) ��,� 11. Resolution approving 1984 biaintenance Labor Ag tw en the City and the Sheet t�tetal Workers Local t�o. 10. (Personnel) � . � 12. Resolution approving 1984 Collective Bargainin eement between the ISD �625 and the Plumbers Local No. 34. (Personnel 13. Resolution amending the Civil Service Rules and inserting the Communications Technician Leaduorkers in Secti n 3.I Grade 35S and inserting its specificltions 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 ClTY HALL SEVENTH FLOOR SAINT PAUL, AtI�NESOTA SSJ02 . -• '� •��.„ G� �y,o�s r , 1984 - 1985 MAINTENANCE LABOR AGREEMENT - between - THE CITY OF SAINT PAUL - and - OPERATIVE PLASTERERS' AND CEMENT MASONS' INTERNATIONAL ASSOCIATION, LOCAL 560 . ��,o� . INDEX 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 XVIII Seniority 19 XIX Jurisdiction 2p XX Separation 21 XXI Tools 22 XXII Grievance Procedure 23 XXIII Right of Subcontract 27 XXIV Non-Discrimination 28 XXV Severability 29 XXVI Waiver 30 XXVII City Mileage Plan 31 XXVIII Severance Pay 32 XXIX Duration and Pledge 34 Appendix A A1 Appendix B B]. Appendix C C1 Appendix D D1 - ii - , � ��io� 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 Operative Plasterers' and Cement Masons' International Association of the United States and Canada, Local 560, hereinafter referred to as the UNION. The F.NlPLOYIIt 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 F.MPLOYER and the UNION agree that the purpose for entering into this AGREEMENT is to: 1.11 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; 1.12 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the EMPLOYER and the UNION; 1.13 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this AGREEMENT without loss of manpower productivity. 1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a supplement to legislation that creates and directs the IIKPLOYER. If any part of this AGREEMENT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (SEVERABILITY). - 1 - . � �y-�o.�s 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-525-A dated May 22, 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 - . ��y�,o3s ARTICLE IV - UNION RIGHTS 4.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies deducted shall be remitted as directed by the UNION. 4.11 The EMPLOYER shall not deduct dues from the wages of employees covered by this AGREEMENT for any other labor organization. 4.12 The UNION shall indemnify and save harmless the EMPLOYER from any and all claims or charges made against the EMPLOYER as a result of the implementation of this ARTICLE. 4.2 The UNION may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the II�IPLOYER in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 22 (GRIEVANCE PROCIDURE) . 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 established 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. . - 5 - �— ��io .�.s ARTICLE VI - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) 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 PROCIDURE) . 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such te�mination, 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 PROCIDURE) . 6.22 An employee demoted during the pramotional 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 ta 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 Articles 12 (WAGES) and 13 (FRINGE BENEFITS) . 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this AGREEMENT; except those employees who have individually optioned to be "grandfathered" as provided by 12.2. - 7 - _ � ��o�.s ARTICLE VIII - HOURS OF WORK 8.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 8.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER'S �udgment to establish second and third shifts or a work week of other than Monday through Friday, the UNION agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.6 All employees are subject to call-back by the EMPLOYER as provided by Article 10 (CALL BACK). 8.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving hame, or during the previous work day. � - 8 - 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 (l�g) 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. 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. - 9 - . �` ��/O� 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 min3mtmm of four (4) hours pay at the basic hourly rate. 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9 (OVERTIME) , when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME) . - 10 - ARTICLE XI - WORK LOCATION 11.1 Employees ahall report to work location as assigned by a designated Employer Supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the EMPLOYER. 11.2 Employees assigned to work locations during the normal work day, other than their original assignment, and who are required to furnish their own transportation shall be compensated for mileage. - 11 - @�_ �//o3.s 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 including life, hospital and health insurance for early retirees who have retired since May 8, 1978. In order to be eligible for the health benefits under the early retiree provision, the employee must: 12.21.1 Be receiving benefits from a public employee retirement act at the time of retirement. 12.21.2 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 12.21.3 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 12.22 Sick Leave as established by Resolution No. 3250, Section 20. 12.23 Vacation as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 12.24 Ten (10) legal holidays as established by the Saint Paul Salary Plan and Rates of Campensation, Section I, Subdivision I. - 12 - ARTICLE XII - WAGES (continued) 12.25 Severance benef its as established by Ordinance No. 11490 with a maximum payment of $4,000 or as established by Article XXVIII of this Agreement. 12.3 Regular employees not covered by the fringe benefits listed in Article 12.2 shall be considered, for the purposes of this AGREEMENT, partici- pating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have friage benef it 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 purpoaes 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 (FRI1�E 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) . - 13 - . � ��,�o�.s ARTI�LE 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. - 14 - ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN 14.1 The selection of personnel for the class of position Foreman shall remain solely with the EMPLOYER. 14.2 The class of position Foreman shall be filled by employees of the bargaining unit on a "temporary assignment". 14.3 All "temporary assignments" shall be made anly at the direction of a designated EMPLOYER supervisor. 14.4 Such "temporary assigrnnents" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day. - 15 - � ��,o�s . ARTICLE XV - HOLIDAYS 15.1 The iollowzng c.e.l (i�) days siiall be designated as ho�idays: New Year's Day, January 1 Martin Luther King Day, Third Monday in January (effective 1986) President's Day, Third Monday in February - Memorial Day, last Monday in May Independence Day, July 4 Labor Day, f irst 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 ten (10) 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 back" in accordance with Article 10 (CALL BACK) . 15.5 Participating employees as defined in Articles 12.3, 12.4 and 12.5 working on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 15.6 If an employee other than a Participating Employee entitled to a holiday is required to work on Martin Luther King Day (effective 1986) , President's Day, Christopher Columbus Day, or Veterans" Day, he shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department permits, or he shall be paid on a straight time basis for such hours worked, in addition to his regular holiday pay. If an employee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Thanksgiving Day or Christmas Day� he shall be recompensed for work done on this day by being granted cotnpensatory time on a time and one-half basis or by being paid on a time and one-half basis for such hours worked, in addition to his regular holiday pay. Eligibility for Holiday pay shall be determined in accordance with Section I, Subsection I of the St. Paul Salary Plan and Rates of Compensation. - 16 - ARTICLE XVI - DISCIPLINARY PROCIDURES 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) . - 17 - ��d�s A�'TTCLE XVIi - ABS1?I�CES 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. - 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 this AGREII�IENT. 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 acctunulate 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 zeduce 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 lawer-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 F,MPLOYER. - 19 - . ��/-10�3� t�tTICLE kiX - JURISDICTIOi'; 19.1 Disputes concerning work �urisdiction 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 �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 EMPLOYIIt 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. - 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 EMPLOYER before the campletion of a nox�►al work day. - 21 - ��/-io�s ARTICLF XXI - TOOI.,S � 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 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 �ob duties and responsibilities of the employees and shall therefore be accamplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loas 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 progratns 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. - 23 - . ��_ ��o a.� ARTICLE XXII - GRIEVANCE PROCEDURE (continued) 22.4 Grievances shall be resolved in confox�ance 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 t.;2 EMPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) cal.endar days following receipt of the EMPLOYER'S answer shall be considered waived. - 24 - ARTICLE XXII - GRIEVANCE PROCIDURE (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 F�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 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 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 II�IPLOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relation 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. - 25 - . � ��iv �s ARTICLE XXII - �RIEVAI�TCE PROCEDL'RE (cor,tinued) 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 follow- ing 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 FMPLOYER, 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 campensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. - 26 - 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 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. - 27 - . � ��io�� ' 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. - 28 - 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 fram 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. - 29 - . � � ��--s ARTICLE XXVI - WAIVER 26.1 The F.MPLOYER and the UNION acknowledge that during the meeting and negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this AGREEMENT. 26.2 Therefore, the EMPLOYER and the UNION for the duration of this AGREEMENT agree that the other party shall not be obligated to meet and negotiate over any term or conditions of employment whether specifically covered or not specifically covered by this AGREEMENT. The UNION and EMPLOYER 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 AGREF�IENT, are hereby superseded. - 30 - ARTICLE XXVII - CITY MILEAGE 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. T�►pe 1. If an employee is required to use his/her own sutomobile OCCASIONALLY during employment, the etnployee 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 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 sutomobile, then the employee shall be reim- bursed at the rate of 15C 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 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 sutomobile 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 liabllity 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. - 31 - ��-`�y-�o3s 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 Sf3 years of age or older or must be eligible for pension under the "rule of 90" or the "rule of 85" provisions of the Public Employees Retirement Association (PERA) . The "rule of 90" and the "rule of 85" criteria shall also apply to employees covered by a public pension plan other than PERA. 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 thi� ArtS_�� '.,:, 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 fram 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. - 32 - ARTICLE XXVIII - SEVERANCE 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 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 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 fram the other. - 33 - � ��io�s ARTICLE XXIX - DURATION AND PLIDGE 29.1 This AGREEMENT shall become effective as of the date of signing, except as specifically provided otherwise in Articles 12 and 13, and shall remain in effect through the 30th day of April, 1986, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the ma.nner 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 AGREII�IENT shall give written notice to the other party, not more than ninety (90) or lesa 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. - 34 - ARTICLE XXIX - DURATION AND PLIDGE (continued) 29.32 The EMPLOYER will not engage in, instigate, or condone any lock-out of employees. 29.33 This constitutes a tentative agreement between the parties which will be recoa�mended by the City Negotiator� but is sub�ect to the approval of the Administration of the City and the City Council and is also subject to ratification by the UNION. AGREID to this 27th 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 follawing representatives for the EMPLOYER and the UNION. WITNESSES: CITY OF SAINT PAUL OPERATIVE PLASTERERS� AND CEMENT MASONS' INT�NAL ASSOCIATIO OCAL 60 . . l. � � Labor Relatio Dir or Business age Civil Service Commission - 35 - r� �y—io33 APPENDIh A The classes of positions recognized by the EMPLOYER as being exclusively represented by the UNION are as follows: Cement Finisher Apprentice Building Inspector-Cement Finisher and other classes of positions that may be established by the EMPLOYER where the duties and responsibilities assigned comes within the �urisdiction of the UNION. - A1 - APPEI�IDIX B All necessary hand tools. - B1 - � ��o�� APPENDIX C The basic hourly wage rate for provisional, regular and probationary employees appointed 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 Insp.-Cement Finisher. . $17.72* $17.72* Cement Finisher . . . . . . . . . $16.38* $16.38* The basic hourly wage rate for temporary and emergency employees appointed to the following classes of positions shall be: Effective Effective April 28 1984 April 27, 1985 Building Insp.-Cement Finisher. . 18.43* $18.43* Cement Finisher . . . . . . . . . $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 receiving the fringe benef its listed in Article 12.2 shall be: Effective Effective A ril 28 1984 A�ril 27, 1985 Building Insp.-Cement Finisher. . 17.43 *** Cement 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 and life insurance for the periods May, 1984 thru 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. -C1- APPENDIX D Effective April 30, 1984, the EMPLOYER shall: (1) contribute $1.20 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREII�fENT 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 subject 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 Appendi�c shall be forwarded to depositories as directed by the UNION. The EMPLOYIIt shall establish Worker's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. The EMPLOYER'S fringe benefit obligation to participating employees as defined in Articles 12.3, 12.4 and 12.5 is limited to the contributions and/or deductions established by this AGREEMENT. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the EMPLOYER has forwarded contributions and/or deductions. - D1 - � w WHITE - CITY CLERK PINK - FINANCE COU/1ClI /� CANARV - DEPARTMENT GITY OF SAINT PAUL �((/� /D��` BI.UE - MAVOR File NO. +� � 1 CITY �� 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 1984-1985 Labor Maintenance Agreement between the City of Saint Paul and the Operative Plasterers' and Cement Masons' International Association, Local 560. � Approved: Chairman, Civil Service Commission COUNCILMEN Yeas Nays Requested by Department of: Flstch�r �f°�" In Favor PERSONNEL OFFICE Maanz Nk�osia �h�� Against BY T�d�sco Wllson Form Approved by City Attorney Adopted by Council: Date Certified Yassed by Council Secretary By B}� Approved by Mavor: Date Approved by Mayor for Submission to Council By Bv _ . . C� �ol��.s 1984 - 1985 MAINTENANCE LABOR AGREEMENT - between - THE CITY OF SAINT PAUL - and - OPERATIVE PLASTERERS' AND CEMENT MASONS' INTERNATIONAL ASSOCIATION, LOCAL 560 ��—�o� INDEX ARTICLE TITLE PAGE Preamble iii I Purpose 1 II Recognition 2 III Employer Rights g IV Union Rights 4 V Scope of Agreement 5 VI Probationary Periods ( VII Philosophy of Employment and Compensation 7 VIII Hours of Work g IX Overtime g 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 lg XVIII Seniority 19 XIX Jurisdiction 20 � Separation 21 XXI Tools 22 XXII Grievance Procedure 23 XXIII Right of Subcontract 27 XXIV Non-Discrimination 28 XXV Severability 29 XXVI Waiver 30 XXVII City Mileage Plan 31 XXVIII Severance Pay 32 XXIX Duration and Pledge 34 Appendix A A1 Appendix B gl Appendix C C1 Appendix D D1 - ii - � ��Q 3s . 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 Operative Plasterers' and Cement Masons' International Association of the United States and Canada, Local 560, hereinafter referred to as the UNION. The EMPLOYIIt aad the UNION concur that this AGREEMENT has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor�management cooperation. The EMPLOYER and the UNION both realize that this goal depends not only on the words in the AGREEMENT but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the 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 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 IIKPLOYER. If any part of this AGREEMENT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (SEVERABILITY). - 1 - �_�� ARTICLE II - RECOGNITIOi� 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-525-A dated May 22, 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 - . ��y—�a� ARTICLE IV - UN10N 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 F.MPLOYER 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 fram 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 PROCIDURE) . 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 F.MPLOYER where employees covered by this AGREEMENT are working. - 4 - ARTICLE V - SCOPE OF THE AGREEMENT 5.1 This AGREFMENT established 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. . - 5 - ��sa� ARTICLE VI - PROBAI:IONARY 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 PROCIDURE) . 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the UNION. 6.2 All personnel promoted to a higher class of positions shall serve a six (6) months' promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.21 At any time during the promotional probationary period an employee may be demoted to the employee's previously held class of positions at the discretion of the EMPLOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCIDURE) . 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 Articles 12 (WAGES) and 13 (FRINGE BENEFITS) . 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this AGREEMENT; except those employees who have individually optioned to be "grandfathered" as provided by 12.2. - 7 - � �y�� AR:CCLE VIII - HUURS Or 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 F•MPLOYER 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; hor:-s, 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 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 T[ze 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. 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. - 9 - ��ia �s ARTZCLE 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 sha11 receive a minim� of four (4) hours pay at the basic hourly rate. 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9 (OVERTIME) , when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME) . - 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 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. - 11 - �= �y-�°�.� ARTICLE XII - WAG�S 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 sub3ect 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 (ERINGE BENEFITS). 12.21 Insurance benefits as established by City of Saint Paul Resolutions including life, hospital and health insurance for early retirees who have retired since May 8, 1978. In order to be eligible for the health benefits under the early retiree provision, the employee must: 12.21.1 Be receiving benefits from a public employee retirement act at the time of retirement. 12.21.2 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 12.21.3 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 12.22 Sick Leave as established by Resolution No. 3250, Section 20. 12.23 Vacation as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 12.24 Ten (10) legal holidays as established by the Saint Paul Salary Plan and Rates of Campensation, Section I, Subdivision I. - 12 - ARTICLE XII - WAGES (continued) 12.25 Severance benef its as established by Ordinance No. 11490 with a maximum payment of $4,000 or as established by Article XXVIII of this Agreement. 12.3 Regular employees not covered by the fringe benefits listed in Article 12.2 shall be considered, for the purposes of this AGREENIENT, partici- pating 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 ma.de in their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.5 All regular employees employed after February 15, 1974, shall be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . - 13 - . ��{�oas AR��CLE 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. - 14 - ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN 14.1 The selection of personnel for the class of position Foreman shall remain solely with the EMPLOYER. 14.2 The class of position Foreman shall be filled by employees of the bargaining unit on a "temporary assignment". 14.3 All "temporary assig�ents" shall be made only at the direction of a designated EMPLOYER supervisor. 14.4 Such "temporary assigriments" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day. - 15 - � � �/—�a�s ' ARTICLE XV - HOLIDAYS 15.1 The followin� ten (10) days shall be designated a� ho�idaysa New Year's Day, January 1 Martin Luther King Day, Third Monday in January (effective 1986) President's 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 ten (10) holidays shall be considered non-work days. 15.4 If, in the judgment of the EMPLOYER, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 10 (CALL BACK) . 15.5 Participating employees as defined in Articles 12.3, 12.4 and 12.5 working on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 15.6 If an employee other than a Participating Employee entitled to a holiday is required to work on Martin Luther King Day (effective 1986) , President's Day, Christopher Columbus Day, or Veterans" Day, he shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department permits, or he shall be paid on a straight time basis for snch hours worked, in addition to his regular holiday pay. If an employee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Thanksgiving Day or Christmas Day, he shall be recompensed for work done on this day by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such hours worked, in addition to his regular holiday pay. Eligibility for Holiday pay shall be determined in accordance with Section I, Subsection I of the St. Paul Salary Plan and Rates of Compensation. - 16 - ARTICLE XVI - DISCIPLINARY PROCIDURES 16.1 The EMPLOYER �hall 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) . - 17 - � �y�a a.s ARTICLE XVII - ABSE��GLS FROM WORK 17.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (DISCIPLINARY PROCEDURES) . 17.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a "quit" by the II�IPLOYER on the part of the employee. - 18 - ARTICLE XVIII - SENIORITY 18.1 Seniority, for the purposes of this AGREF2iENT, 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 AGREIIrIENT. 18.12 "Class Seniority" - The length of continuous regular and probationary service with the IIrIPLOYER from the date an employee was first appointed to a class title covered by this AGREEMENT. 18.2 Seniority shall not accimnulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty 1 (30) calendar days; is granted because of illness or in�ury; is granted to allow an employee to accept an appointment to the unclassified service of the EMPLOYER or to an elected or appointed full-time position with the UNION. . 18.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 18.4 In the eve,nt 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, 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 F.MPLOYER. - 19 - r�,�--��0 3S ARTICLE XIX - JURISDICTION 19.1 Disputes concerning work �urisdiction 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 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 II�SPLOYER'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 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 EMPLOYER before the completion of a normal work day. - 21 - � ��/0 35 ARTICI,F Y�'I - TOOI.�S 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 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 accamplished 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 AGREII�fENT. - 23 - . �,,=��d3s ARTICLE YXII - GRIEVANCE PROCEDUfiE (continued) 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 F.MPLOYER'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 PROCIDURE (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 II�IPLOYER shall reply in writing to the UNION stating the IIKPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred 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 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 Relation 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. - 25 - �g�aa5 ARTICLE XXTT - GRIEVAI�'CE rROCEDURE (continued} 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 follow- ing close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UNION and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for campensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. - 26 - 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 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. - 27 - �i1��'TrU�,r � 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 emploqees and the general public. - 28 - 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 �udicial determination. - 29 - ��f�-1e�5 ARTICLE XXVI - k?AIVER 26.1 The F.MPLOYER 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 sub3ect concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this AGREEMENT. 26.2 Therefore, the EMPLOYER and the UNION for the duration of this AGREEMENT agree that the other party shall not be obligated to meet and negotiate over any term or conditions of employment whether specifically covered or not specifically covered by this AGREEMENT. The UNION and EMPLOYER may, however, mutually agree to modify any provision of this AGREII�IENT. 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. - 30 - ARTICLE XXVII - CITY MILEAGE 27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code� as amended, pertaining to reimbursement of City officera 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 officere and employees must receive written authorization from the Department Head. Type 1. If an eunployee is required to use his/her own sutomobile 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 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 awn 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 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 15C 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 '�la�-ur shall adopt rui�s 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 in3ury, 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 insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. - 31 - ��o�s 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" or the "rule of 85" provisions of the Public Employees Retirement Association (PERA) . The "rule of 90" and the "rule of 85" criteria shall also apply to employees covered by a public pension plan other than PERA. 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 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 sub3ect 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. - 32 - ARTICLE XXVIII - SEVERANCE 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, paqment 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 may, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinax�ce 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. - 33 - �%�y-�aas ARTICLE XXIX - DURATION AND PLIDGE 29.1 This AGREEMENT shall become effective as of the date of signing, except as specifically provided otherwise in Articles 12 and 13, and shall remain in effect through the 30th day of April, 1986, 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. c�.� ;:f exti.er puc�; 3esi:as to terminate or modify this AGREEMENT, effective as of ;.�ie ua;.� �f 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 PROCIDURE 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 AGREF:�fENT: 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. - 34 - ARTICLE 1IXIX - DURATION AND PLIDGE (continued) 29.32 The EMPLOYER will not 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 and the City Council and is also subject to ratification by the UNION. AGREED to this 27th 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 representatives for the EMPLOYER and the UNION. WITNESSES: CITY OF SAINT PAUL OPERATIVE PLASTERERS' AND CEMENT MASONS' INTERNATIONAL ASSOCIATIO OC 60 • i� . ' ��- ,, � Labor Relatio Dir or Business age Civil Service Commission - 35 - _, �=�1-�035 APPENDIX A The classes of positions recognized by the EMPLOYER as being exclusively represented by the UNION are as follows: Cement Finisher Apprentice Building Inspector-Cement Finisher and other classes of positions that may be established by the EMPLOYER where the duties and responsibilities assigned comes within the jurisdiction of the UNION. - A1 - M ��o�� APPENDIX C The basic hourly wage rate for provisional, regular and probationary employees appointed 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 Insp.-Cement Finisher. . $17.72* $17.72* Cement Finisher . . . . . . . . . $16.38* $16.38* The basic hourly wage rate for temporary and emergency employees appointed to the following classes of positions shall be: Effective Effective A ri1 28 1984 April 27, 1985 Building Insp.-Cement Finisher. . 18.43* $18.43* Cement Finisher . . . . . . . . . $17.03* $17.03* *These rates include the $1.00 Savings Plan contribution. The basic hourly wage rate for regular employees appointed to t�e following classes of positions, who are receiving the fringe benefits listed in Article 12.2 shall be: Effective Effective April 28, 1984 April 27, 1985 Building Insp.-Cement Finisher. . $17.43 *** Cement 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 and life insurance for the periods May, 1984 thru 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. -C1- APPENDIX D Effective April 30, 1984, the EMPLOYER shall: (1) contribute $1.20 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 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 Savinqs Plan Fund. This contribution is subject to all payroll deductions. (4) contribute $ .02 per hour for all hours worked bq participating employees as def ined 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 EMPLOYIIt shall establish Worker's Campensation and Unemployment Compensation programs as required by Mianesota Statutes. The EMPLOYER'S fringe benefit obligation to participating employees as defined in Articles 12.3, 12.4 and 12.5 is limited to the contributions and/or deductions established by this AGREEMENT. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the EMPLOYER has forwarded contributions and/or deduc t�c�ns. - D1 -