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84-1038 WHITE - CITV CLERK PINK - FINANCE CO�lI1C1I GANARV - DEPARTMENT GITY OF SAINT PAUL � File NO. �� /D� BLUE - MAVOR � Council Resolution Presented Referred To �w c �`'=- Committee: Date -1-7` Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1984 Labor Agreement between the City of Saint Paul and the Sheet Metal Workers Local No. 10. Approved: ,n Chairman, Ci il Service Commi�n COUIVCILMEN Requested by Department of: Yeas �� Nays � �rew In Favor PE�ONNE FFICE Masanz Nicosia Schefbel _�__ Against BY TedesCo W ilson �� _ 1 198� Form ppro ed b ity Attorney Adopted by Council: Date Certified P ss d b uncil S e BY • By t�pp o lVlavor: Date ` AUG — 6 A roved by Mayor for b ssion to Council gy g� �--�-' �� ,,--� PUBUSHED AU G 11 1984 ��. h � ��y/D.� ' Personnel Office DEPARTh1ENT 7,Qan p ��hAn-t �ONTACT 298-4221 PHONE �� July 3, 1984 DATE . (Routing and Explanation Sheet) Assign Number for Routing Order (C1ip All Locations for Mayoral Signature�: 1 Department Director 2 Ci ty Attorney R��1��-� �ZS �� 3 Director of Management/Mayor , �� 1��°� � �� i V F�� Finance and. Management Services Director � City Clerk �Py��s Q�F10E Budget Di rector What Will be Achieved by Taking Action on the Attached Materials? (Purpose/Rationale): This resolution approves the 1984 Agreement between the City and the Sheet Metal Workers Local No. 10. The changes in the new agreement include the items on the attached sheet. Financial , Budgetary and Personnel Impacts Anticipated: Total Package increase: .33 per hour. 5-1-84 thru 4-30-85 cost for 3 city employees = $2,059. , Funding Source and Fund Activity Number Charged or Credited: Attachments (List and Number all Attachrr�nts) : l. 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 �SPP RPVPPSP S7(�P for 'Instructi ons� �>� U�� 3 � 1984 Agreement between the City and the Sheet Metal Workers, Local NO. 10. 1. Article IX Overtime. 9.5 Overtime to be paid in cash or in compensatory time. 2. Article XII Wages 12.25 Severance pay - new plan with maximum of $6,500. 3. Article XV Retirement. Deleted. 4. New Article XV Severence Pay - new language. 5. Appendix C & D Wages & Fringes •.. . Y �-� .:. � Cr�c� or+ S�rrr�; P.A.U� � ��-� � : ,� � ``; , � �c�� ty ?�-� T�.s � ' • UI�`1�IC�!: OP' 7_`FIIi: CZ'FY COUNCIL � � ��V��- '� ' �\.1 �)�:iw�i�/i•-�' •4 . . • � s.••;``��:` Dd f e . July 26, 1984 �\' _� 1 .'` . . . �c�`--� "N`''� • b�� COtVIM (TT � E R � PORT . - � TO = Sqin� Pau ! City Cour�cit � � � F R O M = C O IYl C�I 1�`�'Q� O h FINANCE, MANAGEMENT � PERSONNEL � - - C H 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 islative_Code pertaining to permit fees for electrical work. (Community Services) v� . . 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.imunity Services) � . . .L;_ �_ �� . 4. An ordinance amending Section 33.04, Subd. 3 (7) of the Legislative Code establishing ��''�7`�1> --- --permit fees for plastering, stucco and spray-on fireproofing work. ((Cortununity Services) ' 5. Resolution amending the 1954 CIT budget and transferring �10,700 from ConZingent Reserve- Specified to Community Services Dept.-Parks $ Recreation (emergency repair of brick- - work_ at r:ears Park). (Community Services) . t KLiCt�l,� . ��. • 6. Resolution approving the transfer from Specified Contingency Feserved to various � budgets to meet 1984 salary needs. (Executive Administration) ��i�.. , 7. Resolution approving 1984 !•faintenance Labor Abreement between the Cit e. ��,t� InLernational Union of Elevator Constructors, Local 9. (Personnel) ��y��J,�# • • i 8. Resolution approving 1984-85 btaintenance Labor Agreement between the City and the �j�;'f'j�^ i Operative Plasters' and Coment Diasons' International hssn., Local-560. (Personnel) "=� �� 9. Resolution approving 1984-85 Dtaintenance Labor Agreement between the City and the Bricklayers, Di3sons �fazblem j�ment Blocklayers and'Tuckpointers, Local Union No. 1 (Personnel). � Y� ' : � _ 10. Resolution approving 1984 hlaintenance Labor Agreement between the Independent School ,,,� District No. 625 and the United Assn. Pipefitters Local Union No. 455. (Personnel) �`�� 1. Resolution approving 1984 biaintenance Labor Aj�tw�he City and the Sheet D1eta1 {�forkers Local �o. 10. (Personnel � 12. Resolution approving 1984 Collective Bargainin eement bctween the ISD x625 • � and the Plumbers Local No. 34. (Pcrsonnel 13. Resolution amending the Civil Service Rules and inserting the Communications Technician Leaduorkers in Se .t' 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 CITY HALL SEVENTH FLOOR SA1NT PAUL. riII�NESOTA SSIO? y _, .r �� N�HITE - CITV CLERK PINK - FINAN�E G I TY O F SA I NT PA U L � Council CANARY - DEPARTMENT �J(/ BLUE -MAVOR File �0• V -/03 � � CITY CLERK Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1984 Labor Agreement between the City of Saint Paul and the Sheet Metal Workers Local No. 10. Approved: Chairman, Civil Service Commission COUNCILMEN Yeas Nays Requested by Department of: FlNchsr PERSONNEL OFFICE °i'" [n Favor Massnz Nlcosia schsibs� A gai n s t BY Tedssco Wilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY --- - By. Approved by Mavor: Date Approved by Mayor for Submission to Council By __ _.___ __. . � By . � �y i°�� , �., 1984 MAINTENANCE LABOR AGREEMENT - between - THE CITY OF SAINT PAUL - and - SHEET METAL WORKERS INTERNATiONAL ASSOCIATION LOCAL 10 � . /��a��/ 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 8 IX Overtime 9 X Call Back 10 RI Work Location - Residency 11 XII Wages 12 %III Fringe Benefits 14 XIV Selection of Forema.n and General Foreman 15 XV Severance Pay 16 XVI Holidays 18 XVII Disciplinary Procedures 19 XVIII Absences From Work 20 XIX Seniority 21 XX Jurisdiction 22 XXI Separation 23 XXII Tools 24 XXIII Grievance Procedure 25 XXIV Right of Subcontract 29 XXV Non-Discrimination 30 XXVI Severability 31 XXVII Waiver 32 XXVIII City Mileage Plan 33 XXIX Duration and Pledge 34 Appendix A A1 Appendix B B1 Appendix C C1 Appendix D D1 ii �- ��03�' 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 Sheet Metal Workers International Association Local 76 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 benef it of the general public through effective labor management cooperation. The EMPLOYIIt 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 EMPLOYER. If any part of this AGREEMENT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 26 (SEVERABILITY). - 1 - �f� �y�a�� 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-513-A dated May 15, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. - 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; ta estab�ish ann mouify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial funetion 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 �d �� 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 EMPLOYIIt 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 IIKPLOYER in writing of such designa.tion. Such employee shall have the rights and responsibilities as designated in Article 23 (GRIEVANCE PROCIDURE) . 4.3 Upon notification ta a designated EMPLOYER supervisor, the Business Manager of the UNION, or his designated representative shall be permitted to enter the faciiities 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 - � ��ia � � ARTICLE VI - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) months' probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.11 At any time during the probationary period an employee may be terminated at the discretion of the EMPLOYER without appeal to the provisions of Article 23 (GRIEVANCE PROCEDURE) . 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the UNION. 6.2 All personnel promoted to a higher class of positions shall serve a six (6) months' promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.21 At any time during the promotional probationary period an employee may be demoted to the employee's previously held class of positions at the discretion of the EMPLOYER without appeal to the provisions of Article 23 (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 syst�. 7.2 The EMPLOYER shall compensate employees for al]_ 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 benef it 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 - � �T ��-�43� ARTICLE VIII - HOURS OF WORK 8.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 8.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER'S judgment to establish second and third shifts or a work week of other than Monday through Friday, the UNION agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per norma.l work week. 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.6 All employees are subject to call-back by the EMPLOYER as provided by Article 10 (CALL-BACK) . 8.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. - 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 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the following circumstances: 9.31 Time worked on a holiday as defined in Article 16 (HOLIDAYS) ; 9.32 Time worked on a seventh (7th) day following a normal work week; and 9.33 Time worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour period, provided, that all "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (1�) . 9.4 For the purposes of calculating overtime compensation overtime hours worked shall not be "pyramided", compounded, or paid twice for the same hours worked. 9.5 Overtime hours worked as provided by this ARTICLE shall be paid in cash or in compensatory time as determined by the Employ�er. - 9 - � � �y�� 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 norma.l work week. 10.2 Employees called back shall receive a minimum of four (4) hours pay at the basic hourly rate. 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9 (OVERTIME) , when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be campensated only for the overtime hours worked in accordance with Article 9 (OVERTIME). - 10 - ARTICLE %I - WORK LOCATION, RESIDENCY 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 IIKPLOYER. 11.2 Employees assigned to work locations during the normal work day, other than their original assigament, and who are required to furnish their own transportation shall be compensated for mileage. 11.3 The resolution pertaining to residency approved July 26, 1979, under Council File No. 273378 shall apply to all employees covered by this AGREEMENT. - 11 - . �=��i�3�' ARTICLE XII - WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Employees who are covered by the fringe benefits listed below shall continue to be covered by such benefits. They shall be subject to all other provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.21 Insurance benefits as established by City of Saint Paul Resolutions including life, hospital and health insurance for early retirees who have retired since February 1, 1975. In order to be eligible for the health benefits under the early retiree provision, the employee must: 12.21.1 Be receiving benefits from a public employee retirement act at the time of retirement. 12.21.2 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 12.21.3 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 12.22 Sick Leave as established by Resolution No. 3250, Section 20. 12.23 Vacation as established by Resolution No. 6446, Section I, Subdivision H, however, employees in this bargaining unit, covered by this vacation provision, shall be granted vacation at the rate of 160 hours in each calendar year. 12.24 Nine (9) legal holidays as established by Resolution No. 6446, Section I, Subdivision I. 12.25 Severance benefits as established by Ordinance No. 11490 with a maximum payment of $4,000 or as established by Article XV in this Agreement. - 12 - ARTICLE XII - WAGES - (continued) 12.3 Regular employees not covered by the fringe benefits listed in Article 12.2 shall be considered, for the purposes of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and t�ave fringe benetit 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 com- pensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 13 (FRINGE BENEFITS). 12.5 Al1 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 - • �`��/d`3O ARTICLE XIII - FRINGE BENEFITS 13.1 The EMPLOYER shall make contributions on behalf of and/or - make deductions from the wages of employees covered by this AGREEMENT in accordance with Appendix D for all hours worked. - 14 - ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN 14.1 The selection of personnel for the class of position Sheet Metal Foreman shall remain solely with the EMPLOYER. 14.2 The class of position Sheet Metal Foreman shall be filled by employees of the bargaining unit on a "temporary assignment". 14.3 All "temporary assig�ents" shall be made only at the direction of a designated EMPLOYER supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day. - 15 - . � ��o��' ARTICLE XV - SEVERANCE PAY 15.1 The employer shall provide a severance pay program as set forth in this Article. 15.2 To be eligible for the severance pay program, an employee must meet the following requirements: 15.21 The employee must be 58 years of age or older or must t�e 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. 15.22 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. 15.23 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. 15.24 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. 15.25 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation fram service. 15.3 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 f or each day of accrued sick leave sub�ect to a maximum of 200 accrued sick leave days. 15.4 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. - 16 - ARTICLE XV - SEVERANCE PAY (cont.) 15.5 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. 15.6 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. 15.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 15.8 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. 15.9 T[ie provisions of this article shall be effective as of June 30, 1984. 15.10 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. Hawever, 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. - 17 - . . � . � ��so�3� ARTICLE XVI - HOLIDAYS 16.1 The following nine (9) days shall be designated as holidays: New Year's Day, January 1 Presidents' Day, Third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Col�bus Day, second Monday in October Veterans' Day� November 11 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 16.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 16.3 The nine (9) holidays shall be considered non work days. 16.4 Zf, in the 3udgment 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) . 16.5 Employees working on a designa.ted holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. - 18 - ARTICLE XVII - DISCIPLINARY PROCIDURES ' 17.1 The F.MPLOYER shall have the right to impose disciplinary actions on employees for �ust cause. 17.2 Disciplinary actions by the EMPLOYER shall include only the following actions: 17.21 Oral reprimand 17.22 Written reprimand 17.23 Suspension 17.24 Demotion 17.25 Discharge 17.3 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Board of Review. The Civil Service Cammission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appeal of a suspension, demotion, or discharge shall be considered a "grievance" for the purpose of processing through the provisions of Article 23 (GRIEVANCE PROCIDURE) . — 19 — . �J�—�Sl—/03� � . ' ARTICLE XVIII - ABSENCES FROM WORK 18.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 18.2 Failure to make such notification may be grounds for discipline as provided in Article 17 (DISCIPLINARY PROCIDURES) . 18.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a "quit" by the � EMPLOYER on the part of the employee. - 20 - ' . , ARTICLE XIX - SENIORITY 19.1 Seniority, for the purposes of this AGREEMENT, shall be defined as f ollows: 19.11 "Master Seniority" - the length of continuous regular and probationrlr;, service �.aith the �SPLOYEP, from the last date of employment in any and all class titles . covered by this AGREEMENT. 19.12 "Class Seniority" - the length of continuous regular and probationary service with the EMPLOYER from the date an employee was first appointed to a class title covered by this AGREEMENT. 19.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the EMPLOYER or to an elected or appointed full-time position with the UNION. 19.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 19.4 In the event it is determined by the EMPLOYER that it is necessary to reduce the work force employees will be laid off by class title witkin each Department based on inverse length of "Class Seniority." Employees laid off shall have the right to reinstatement in any lower-paid class title, provided, employee has greater "Master Seniority" than the employee being replaced. 19.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", sub�ect to the approval of the II�IPLOYER. - ZL - � � �5��-io 3� ARTICLE XX - JURISDICTION 20.1 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 IIKPLOYER. 20.2 The E1�LOYER agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 20.3 In the event of a dispute concerning the performa.nce 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�IPLOYER'S basic right to assign work. 20.4 Any employee refusing to perform work assigned by the EMPLOYER and as clarified by Sections 20.2 and 20.3 above shall be subject to disciplinary action as provided in Article 17 (DISCIPLINARY PROCIDURES) . 20.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. - 22 _ t ARTICLE XXI - SEPARATION 21.1 Employees having a probationary or regular employment status shall be considered separated fram employment based on the following actions: 21.11 Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 21.12 Retirement. As provided in Article 15. 21.13 Discharge. As provided in Article 17. 21.14 Failure to Report for Duty. As provided in Article 18. 21.2 Employees having an emergency, temporary, or provisional employment status may be terminated at the discretion of the EMPLOYER before the completion of a normal work day. - 23 - . �"��'-�o��' . l . , ARTICLE XXII - TOOLS 22.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. - 24 - � . . ARTICLE XXIII - GRIEVANCE PROCEDURE 23.1 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 c�f their successors when so named. 23.2 It is recognized and accepted by the EMPLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is pro- cessed during working hours, provided, the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EMPLOYER. 23.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 17.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. 23.4 Grievances shall be resolved in conformance with the follawing 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 - 25 - _ , . ��a..3� ARTICLE XXIII - GRIEVANCE PROCIDURE (continued) 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 AGREF�IENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a designated EMPLOYER supervisor shall meet with the UNION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UNION within three (3) calendar days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER`S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. - 26 - 1 " ARTICLE XXIII - 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 EMPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred in writing by the UNION to Step 4 within seven (7) calendar daqs following receipt of the F�IPLOYER'S answer shall be considered waived. Step 4. If the grievance remains unresolved, the UNION may within seven (7) calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relations Board to submit a panel of five (5) arbitrators. Both the FMPLOYER and the UNION shall have the right to strike two (2) aames from the panel. The UNION shall strike the first (lst) name; the II�IPLOYER shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. - 27 - , � �y- �03� . . �. ARTICLE XXIII - GRIEVANCE PROCIDURE (continued) 23.5 The arbitrator ahall 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 shali be without power to make dzcisions 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 sha11 be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express tern►s of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UNION, and the employees. 23.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays f or the record. 23.7 The time limits in each step of this procedure may be extended by mutual agreement of the II�IPLOYER and the UNION. - 28 - .� . . ARTICLE XXIV - RIGHT OF SUBCONTRACT 24.1 The EMPLOYER may, at any time during the duration of this AGREEMENT, contract out work done by the employees covered by this AGREEMENT. In the event that such contracting would result in a reduction of the ��ork force covered b; this AGREEMENT, the EMPLOYER shall give the UNION a ninety (90) calendar day notice of the intention to sub-contract. 24.2 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. - 29 - ,, � ��¢/D3� ,� • ARTICLE XXV - NON-DISCRIMINATION 25.1 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-membership in the UNION. 25.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. - 30 - .. • .4• ARTICLE XXVI - SEVERABILITY 26.1 In the event that any provision(s) of this AGREEMENT is declared to be contrary to law by proper legislative, administrative, or 3udicial 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. 26.2 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. - 31 - . , ��a�� ARTICLE XXVII - WAIVER 27.1 The EMPLOYER and the UNION acknowledge that during the meeting and negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of empl��ment. The agreements and understandings reached by ttze p��ties after the exercise of this right are fully and completely set forth in this AGREEMENT. 27.2 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 ENN�LOYER ma.y, however, mutually agree to modify any provision of this AGREII�IENT. 27.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this AGR�NIENT, are hereby superseded. - 32 - ARTICLE XXVIII - CITY MILEAGE '` '. 28.1 Autamobile 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. 28.2 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 15� 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. 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 15� per mile for each mile actually driven. If such employee is required to drive an autamobile 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 15� per mile driven and shall not be eligible for any per diem. 28.3 The City will provide parking at the Civic Center Parking Ramp for City emploqees 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 owtt personal car available. 28.4 Rules and Regulatior►s: The Mayor shall adopt rules and regulations governing the procedures for sutamobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly af�idavits 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, �rith 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. - 33 - �� a�� 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, 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 estab- lished by this AGREEMENT and the recognition that the GRIEVANCE PROCIDURE herein established is the means by which grievances con- cerning 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 whi.c'�: �nployees fa:'. te re*?�?-t for d��r..y, will- fully absent themselves fr.om work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful perfor- mance of their duties of employment. - 34 - ARTICLE XXIR - DURATION AND PLEDGE (continued) 29.32 The EMPLOYER will not engage in, instigate, or condone any lock-out of eanployees. 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 Association. 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 ASSOCIATION: WITNESSES: SHEET METAL WORKERS INTERNATIONAL CITY OF SAINT PAUL ASSOCIATION, LOCAL 76 La or Rel , ons D ec r Business Manager - � � � Civil Service Commission � R� - 35 - . f. � g��oa� � APPENDIX A The classes of positions recognized by the F2iPL0YER as being exclusively represented by the UNION are as follows: Senior Mechanical Inspector-Sheet Metal, Sheet Metal Worker - Foreman, Sheet Metal Worker, Apprentice, Sheet Metal Inspector; and other classes of positions that may be established by the EMPLOYER whire the duties and responsibilities assigned come within the �urisdiction of the tTNION. - A1 - .r - , � APPENDIX B Tool Box Whitney, Small Crescent Wrench or set of Open End Wrenches Center Punches Hacksaw Frame Chisels Small Hand Tongs 6' Folding Rule Screw Driver Scratch Awls Pliers Snips, Straight-aviation L and R Hammers (Tinners) Dolly Bar Combiaation Square Prick Punch 10' Tape Dividers - Bl - . : . f�i,��,'-�e��' APPENDIX C The basic hourly wage rate for provisional, regular and probationary employees appointed to the following class of positions and not receiving the Fringe Benefits listed in Article 12.2 shall be: Effective April 28, 1984 Sheet Metal Worker. . . . . $18.08* Sheet Metal Worker Foreman. $19.23* Sheet Metal Inspector . . . $19.23* Senior Mecha.nical Inspector-Sheet Metal. . . $20.00* `The basic hourly wage rate for temporary and emergency employees appointed to the following class of positions ehall be: Effective April 28, 1984 Sheet Metal Worker. . . . . $18.$0* Sheet Metal Worker Foreman. $20.00* Sheet Metal Inspector . . . $20.00* Senior Mechanical Inspector-Sheet Metal. . . $20.80* The basic hourly wage rate for regular employees appointed to the following class of positions who are receiving the fringe benefits listed in Article 12.2 shall be: Effective �ril 28, I984 Sh,eet Metal Worker. . . . . $16.62 Sheet Metal Worker Foreman. $17.55 Sheet Metal Inspector . . . $17.59 Senior Mechanical Inspector-Sheet Metal. . . $18.23 *These rates include the taxable vacation deduction. - Cl - . . . APPENDIX C (continued) - If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the above applicable rates for participating employees in such a way that the total cost of the package (wage rate plus contributions) remains constant. - C2 - � %. f /!�� 4 / /aL/!/ {�' APPENDIX D Effective May 1, 1984, the EMPLOYER shall: (1) contribute $1.51 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT to a Welfare Fund. (2) contribute $1.36 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT to a Loca1 Pension Fund. For employees covered by the former Minneapolis Sheet Metal Union Local Funds this amount shall be $ .78 per hour. (3) contribute $ .36 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT to a National Pension Fund. (4) deduct $1.60 per hour for all hours worked from the earnings of participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT, and forward to a Vacation Fund. (5) contribute $ .12 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT to the Journeyman and Apprenticeship Training Fund. The above contributions may be increased as long as the applicable hourly rates in Appendix C for participating employees are decreased by the same total amount. All contributions and deductions made in accordance with this Appendix shall be forwarded to depositories as directed by the UNION. The F.MPLOYER shall establish Workman's Compensation and Unemployment Compen- sation programs as required by Minnesota Statutes. The II�IPLOYER'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. - Dl - , �_ �i i°�� 1984 MAINTENANCE LABOR AGREEMENT - between - THE CITY OF SAINT PAUL - and - SHEET METAL WORKERS INTERNATiONAL ASSOCIATION LOCAL 10 ., �_�i�� 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 Period� 6 VII Philosophy of Employment and Compensation 7 VIII Hours of Work g IX Overtime 9 X Call Back 10 XI Work Location - Residency 11 XZI Wages 12 XIII Fringe Benefits 14 XIV Selection of Foreman and General Foreman 15 XV Severance Pay 16 XVI Holidays 18 XVII Disciplinary Procedures 19 XVIII Absences From Work 20 XIX Seniority 21 XX Jurisdiction 22 XXI Separation 23 XXII Tools 24 XXIII Grievance Procedure 25 XXIV Right of Subcontract 29 XXV Non-Discrimination 30 XXVI Severability 31 XXVII Waiver 32 XXVIII City Mileage Plan 33 XXIX Duration and Pledge 34 Appendix A A1 Appendix B B1 Appendix C C1 t.*�d�endix r Dl ii , � ��a�� 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 Sheet Metal Workers International Association Local 76 hereinafter referred to as the UNION. The EMPLOYER and the UNION concur that this AGREEMENT has as its objective the promotion of the responsibilities of the City of Saint Paul for the benef it of the general public through effective labor management cooperation. T'he EMPLOYIIt 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 estabii�tling d s}~steiu of uninterrupteri aperacions 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 ma.npower productivity. 1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a supplement to legislation that creates and directs the EMPLOYER. If any part of this AGREEMENT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 26 (SEVERABILITY) . - 1 - . � �,_�o��' 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 �vo. 73-Px-513-A dat�>�� y 15, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendi�c 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; �-.� �,,;r�t •...t . ! .�_ r . _ � _., . _ �_ ,� ._ ,.., ..:'.C.. � >..._ .. .n... �.��;�:1.71.7.c1�-:v.�,<.a.! , ._ :�.0 ..._."C.� �C� t_._cS.'_ . � direct, and determine the number of personnel; and to perform any inherent managerial function aot 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 - C� �y�a3� 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 EMPL�YER shall not deduct dues from the wages of employees co��.red by tris AGREEMENT for a��y- �ther labor organization. 4.12 The UNION shall indemnify and save harmless the II�IPLOYER from any and all claims or charges made against the EMPLOYER as a result of the implementation of this ARTICLE. 4.2 The UNION may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the EMPLOYER in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 23 (GRIEVANCE PROCEDURE) . 4.3 Upon notification to a designated EMPLOYER supervisor, the Business Manager of the UNION, or his designated representative shall be permitted to enter the facilities of the 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 con�iitions of employment" established by Civii Service Rule, Council Ordinance, and Council Resolution. - 5 - �� 3� ARTICLE VI - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) months' probationary period during which time the employee's fitness and ability to perform the class of positionsi duties and responsibilities shall be evaluated. 6.11 At any time during the probationary period an employee may be terminated at ::he discretion of the EMPLOYER without appeal to the provisions of Article 23 (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 Al1 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 e.::ployee 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 23 (GRIEVANCE PROCIDURE) . 6,22 An employee demoted during the promoti�nal 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�Q3� 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 F.MPLOYER'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 aad 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 sub3ect to call-back by the EMPLOYER as provided by Article 10 (CALL-BACK) . A.7 Emplovees rep�r*�^n fc,r work at the e.^tabl.i��?d StartinQ t�.mP ar.d IU: .keiOlii 11G WLi:_ _,. ci�..°�_,..: . ,... �i _cLC'1Vt i;�.:� tC1Y L`WU <<.� hours, at the basic hourly rate, unless notification has been given not to xeport 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 ti�,ie card, u.ilc-.s� t't��: required advance �pYLOVal ��a� �eer. obtained. 9.2 The overtime rate of one and one-half (1�) the basic hourly rate shall be paid for work performed under the following circumstances: 9.21 Time worked in excess of eight (8) hours in any one normal work day and 9.22 Time worked on a sixth (6th) day following a normal work week. 9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the following circumstances: 9.31 Time worked on a holiday as defined in Article 16 (HOLIDAYS); 9.32 Time worked on a seventh (7th) day following a normal work week; and 9.33 Time worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour period, provided, that all "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (1�) . 9.4 For the purposes of calculating overtime compensation overtime hours worked shall not be "pyramided", compounded, or paid twice for the same hours worked. 9.5 Overtime hours worked as provided by this ARTICLE shall be paid in cash or in compensatory time as determined by the F�tnploy�r. - 9 - , U_ ��-/d`�� ARTICLE X - CALL BACK 10.1 The E1�LOYER retains the right to call back employees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 10.2 Employees called back shall receive a minimum of four (4) hours pay at the basic hourly rate. 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9 (OVERTIME) , when applicable, and sub3ect to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be campensated only for the overtime hours worked in accordance with Article 9 (OVERTIME). - 10 - ARTICLE RI - WORK LOCATION, RESIDENCY 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 assigrnnent, and who are required to furnish their own transportation shall be compensated for mileage. 11.3 The resolution pertainiag to residency approved July 26, 1979, under Council File No. 273378 shall apply to all employees covered by this AGREEMENT. - 11 - �. � .� ��/i��8' 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 AGRE�IENT, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.21 Insurance benefits as established by City of Saint Paul Resolutions including life, hospital and health insurance for early retirees who have retired since February 1, 1975. In order to be eligible for the health benefits under the early retiree provision, the employee must: 12.21.1 Be receiving benefits from a public employee retirement act at the time of retirement. 12.21.2 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 12.21.3 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 12.22 Sick Leave as established by Resolution No. 3250, Section 20. 12.23 Vacation as established by Resolution No. 6446, Section I, Subdivision H, however, employees in this bargaining unit, covered by this vacation provision, shall be granted vacation at t�P rate of 160 hours in eact� c�lendar year. 12.24 Nine (9) legal holidays as established by Resolution No. 6446, 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 XV in this Agreement. - 12 - ARTICLE XII - WAGES - (continued) 12.3 Regular employees not covered by the fringe benefits listed in Article 12.2 shall be considered, for the purposes of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) dnd have fringe benefit contribut:ions arid/oi «�ciuctions made on Lile1Y be�-�alt 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 com- pensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 13 (FRINGE BENEFITS} . 12.5 All regular employees employed after February 15, 1974, shall be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . - 13 - . G/�c�%�D3� ARTICLE XIII - FRINGE BENEFITS 13.1 The EMPLOYER �shall make contributions on behalf of and/or make deductions from the wages of employees covered by this AGREEMEtiT 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 Sheet Metal Foreman shall remain solely with the II�IPLOYER. 14.2 The class of position Sheet Metal Foreman shall be filled by employees of the bargaining unit on a "temporary assignment". 14.3 All "temporary assigrnnents" shall be made only at the direction of a designated IIKPLOYER supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day. - 15 - . ��ia3� ARTICLE XV - SEVERANCE PAY 15.1 The employer shall provide a severance pay program as set forth in this Article. 15.2 To be eligible for the severance pay program, an employee must meet the following requirements: 15.21 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" or the "rrile 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. 15.22 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, miscanduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 15.23 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. 15.24 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. 15.25 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 15.3 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 f or each day of accrued sick leave sub�ect to a maximum of 200 accrued sick leave days. 15.4 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. - 16 - ARTICLE XV - SEVERANCE PAY (cont.) 15.5 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. 15.6 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. 15.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 15.8 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. 15.9 The provisions of this article shall be effective as of June 30, 1984. 15.10 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. - 17 - . ��io��' ARTICLE XVI - HOLIDAYS 16.1 The following nine (9) days shall be designated as holidays: New Year's Day, January 1 Presid?nts' 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 ^ay, December 25 16.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 16.3 The nine (9) holidays shall be considered non work days. 16.4 If, in the judgment of the EMPLOYIIt, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 10 (CALL BACK) . 16.5 Employees working on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. - 18 - ARTICLE XVII - DISCIPLINARY PROCIDURES 17.1 The EMPLOYER shall have the right to impose disciplinary actions on employees for �ust cause. 17.2 Disciplinary actions by the EMPLOYER shall include only the i following actions: 17.21 Oral reprimand 17.22 Written reprimand 17.23 Suspension 17.24 Demotion 17.25 Discharge 17.3 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Board of Review. The Civil Service Cammission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appeal of a suspension, demotion, or discharge shall be considered a "grievance" for the purpose of processing through the provisions of Article 23 (GRIEVANCE PROCIDURE) . - 19 - . ��D�� ARTICLE XVIII - ABSENCES FROM WORK 18.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 18.2 Failure to make such notification may be grounds for discipline as provided in Article 17 (DISCIPLINARY PROCIDURES) . 18.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a "quit" by the ' EMPLOYER on the part of the employee. - 20 - ARTICLE RIX - SENIORITY 19.1 Seniority, for the purposes of this AGREEMENT, shall be defined as follows: 19.11 "Master Seniority" - the length of continuous regular and prob�ric+na,r.ti Sery��ce w?th th� �r:�YFR_ from the last date of employment in any and all class titles covered by this AGREEMENT. 19.12 "Class Seniority" - the length of continuous regular and probationary service with the EMPLOYER from the date an employee was first appointed to a class title covered by this AGREEMENT. 19.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or 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. 19.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 19.4 In the event it is determined by the F.MPLOYIIt 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 'R�taster Seniority" than the employee being replaced. 19.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", subject to the approval of the EMPLOYER. - 23. - .. � �_,�a3�' ARTICLE XX - JURISDICTION 20.1 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. 20.2 The EMPLOYER agrees to be guided in the assignment of work �urisdiction by any mutual agreements between the unions involved. 20.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the 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�iPLOYER'S basic right to assign work. 20.4 Any employee refusing to perform work assigned by the EMPLOYER and as clarified by Sections 20.2 and 20.3 above shall be sub�ect to disciplinary action as provided in Article 17 (DISCIPLINARY PROCIDURES) . 20.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assigxunent. - 22 - ARTICLE XXI - SEPARATION 21.1 F�ployees having a probationary or regular employment status shall be considered separated from employment based on the following actions: �:.I� ��::;:;i�aat�na:. I:r:�i:�i3;ee.� resigning from Esiplvy.,�t_nt shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 21.12 Retirement. As provided in Article 15. 21.13 Discharge. As provided in Article 17. 21.14 Failure to Report for Duty. As provided in Article 18. 21.2 Employees having an emergency, temporary, or provisional employment status may be terminated at the discretion of the EMPLOYER before the completion of a normal work day. - 23 - ��y��a�� ARTICLE XXII - TOOLS 22.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. - 24 - ARTICLE XXIII - GRIEVANCE PROCIDURE 23.1 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 c±f [heir SUCC�GSOx'S wher. so nac�ed.. 23.2 It is recognized and accepted by the EMPLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the �ob duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is pro- cessed during workiag hours, provided, the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EMPLOYER. 23.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 17.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREII�fENT. 23.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this AGREF2tENT, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved - 25 - �. �� ia��' ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) 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 a?leged 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 lrnowledge 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 IINION 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 ��e�-�ng. TY�.e 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. - 26 - ARTICLE XXIII - GRIEVANCE PROCIDURE (continued) Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a desigaated EMPLOYER supervisor shall meet with the UNION Business Manager or his designated representative ar�d a�t��npt 4o res�lve tnE �r-ieva.ice. witi;:i„ :;�v�r� (i} ca��nclar days following this meeting the II�IPLOYER shall reply in writing to the UNION stating the EMPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the II�IPLOYER�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 Relations Board to submit a panel of five (5) arbitrators. Both the F.MPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION shall strike the first (lst) name; the II�I?PLOYER shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. - 27 - . ��y�Q3� ARTICLE XXIII - GRIEVANCE PROCIDURE (continued) 23.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREIIrIENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UNION, and the employees. 23.6 The fees and expenses for the arbitrator's services and proceedings shal•1 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 ver.�+atim record of the proceedings, it may cause such a record to be made providing it pays for the record. 23.7 The time limits ir. ea.ch stev of thts nrocedure may be extended by �utu�. _ _.��:n� c� _..� z:::�' . .. u:._. � '� . . - 28 - ARTICLE XXIV - RIGHT OF SUBCONTRACT 24.1 The EMPLOYER may, at any time during the duration of this AGREEMENT, contract out work done by the employees covered by this AGREEMENT. In the event that such contracting would res,i.1* zn a xede�rtior, of *h� ��ork for_c� .^n•,+nrn� �,:> +�;�r=. AGREEMENT, the EMPLOYER shall give the UNION a ninety (90) calendar day notice of the intention to sub-contract. 24.2 The sub-contracting of work done by the emploqees covered by this AGREEMENT shall in all cases be made only to employers who qualify in accordance with Ordinaace No. 14013. - 29 - -. � ��38 ARTICLE XXV - NON-DISCRIMINATION 25.1 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-membership in the UNION. 25.2 Employees will perform their duties and responsibilities in a non-discriminatory ma.nner as such duties and responsibilities involve other employees and the general public. - 30 - ARTICLE XXVI - SEVERABILITY 26.1 In the event that any provision(s) of this AGREEMENT is declared to be contrary to law by proper legislative, administrative, or judicial authority from whose finding, determination, or decree no appeal is ia��k-.n, such provision(s) shal'. �e voi.dE_�. All �ther provisions shall coatinue in full force and effect. 26.2 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. - 31 - - ��-�o��' ARTICLE XXVII - WAIVER 27.1 The EMPLOYER and the UNION acknowledge that during the meeting and negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agr�e�ents and understandings reached by the parties after the exercise of this right are fully and completely set forth in this AGREEMENT. 27.2 Therefore, the 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 aad EMPLOYER may, however, mutually agree to modify any provision of this AGREEMENT. 27.3 Any and all prior ordinances, agreements, resolutions, practices, . policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this AGR�NIENT, are hereby superseded. - 32 - ARTICLE XXVIII - CITY MILEAGE ' , 28.1 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. 28.2 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 perforn►ing 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 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 autamobile 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. 28.3 The City will provide parking at the Civic Center Parking Ramp for City emploqees 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. 28.4 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 insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. - 33 - G��l/a�d�' ARTICLE XXIX - DURATION Alvi PLIDGE 29.1 This AGREEMENT shall became effective as of the date of signing, except as specifically provided otherwise in Articles 12 and 13, and shall remain in effect through the 30th day of April, 1985, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 29.2. 29.2 If either party desires to terminate or modify this AGREEMENT, 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 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 estab- lished by this AGREEMENT and the recognition that the GRIEVANCE PROCIDURE herein established is the means by which grievances con- cerning 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 whi�h emple��ees faiZ *^ repeYr fnX duty� wi11- ft�lly absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful perfor- mance of their duties of employment. - 34 - ARTICLE XRIX - DURATION AND PLEDGE (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 sub3ect to the approval of the Administration of the City, the City Council and is also subject to ratification by the Association. 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 ASSOCIATION: WITNESSES: SHEET METAL WORKERS INTERNATIONAL CITY OF SAINT PAUL ASSOCIATION, LOCAL 76 La or Rel , ons D rec r Business Manager Civil Service Commission - 35 - _ ��/io3� APPEND7X A The classes of positions recognized by the EMPLOYER as being exclusively represented by the UNION are as follows: Senior Mechanical Inspector-Sheet Metal, Sheet Metal Worker - Foreman, Sheet Metal Worker, Apprentice, Sheet Metal Inspector; and other classes of positions that ma.y be established by the EMPLOYER where the duties and responsibilities assigned come within the �urisdiction of the UNION. - A1 - APPENDIX B Tool Box Whitney, Small Crescent Wrench or set of Open End Wrenches Center Punches Hacksaw Frame Chisels Small Hand Tongs 6' Folding Rule Screw Driver Scratch Awls Pliers Snips, Straight-aviation L and R Ha.mmers (Tinners) Dolly Bar Combination Square Prick Punch 10' Tape Dividers - Bl - �_ �� APPENDIX C The basic hourly wage rate for provisional, regular and probationary - employees appointed to the following class of positions and not receiving the Fringe Benefits listed in Article 12.2 shall be: Effective April 28, 1984 Sheet Metal Worker. . . . . $18.08* Sheet Metal Worker Foreman. $19.23* Sheet Metal Inspector . . . $19.23* Senior Mechanical Inspector-Sheet Metal. . . $20.00* The basic hourly wage rate for temporary and emergency employees appointed to the following class of positions shall be: Effective April 28, 1984 Sheet Metal Work.er. . . . . $18.$0* Sheet Metal Worker Foreman. $20.00* Sheet Metal Inspector . . . $20.00* Senior Mechanical Inspector-Sheet Metal. . . $20.80* The basic hourly wage rate for regular employees appointed to the following class of positions who are receiving the fringe benefits listed in Article 12.2 shall be: Effective April 28, 1984 Sheet Metal Worker. . . . . $16.62 Sheet Meta1 Worker Foreman. $17.55 Sheet Metal Inspector . . . $17.59 Senior Mechanical Inspector-Sheet Metal. . . $18.23 *These rates include the taxable vacation deduction. - Cl - APPEI�IDIX C (continued) If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the above applicable rates for participating employees in such a way that the total cost of the package (wage rate plus contributions) remains constant. - C2 - : , r l��f��a3� APPENDIX D Effective May 1, 1984, the EMPLOYER shall: (1) contribute $1.51 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT to a Welfare Fund. (2) contribute $1.36 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT to a Loca1 Pension Fund. For employees covered by the former Minneapolis Sheet Metal Union Local Funds this amount shall be $ .78 per hour. (3) contribute $ .36 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT to a National Pension Fund. (4) deduct $1.60 per hour for all hours worked from the earnings of participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT, and forward to a Vacation Fund. (5) contribute $ .12 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT to the Journeyman and Apprenticeship Training Fund. The above contributions may be increased as long as the applicable hourly rates in Appendix C for participating employees are decreased by the same total amount. All contributions and deductions made in accordance with this Appendix shall be forwarded to depositories as directed by the UNION. The F�MPLOYER shall establish Workman's Compensation and Unemployment Compen- sation 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 employe�s '/ � shall be the responsibility of the Trustees of the various funds to which the EMPLOYER ha.s forwarded contributions and/or deductions. D1 -