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84-1039 WHITE - CITV CLERK PINK - FINANCE GITY OF SAINT PAITL Council CANARV - DEPARTMENT File NO. ��_/��� BLUE - MAVOR � Council Resolution Presented B ���6����D'Y� Referred To � /� /��c � Committee: Date � � Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul approves and ratifies the attached 1984 Collective Bargaining Agreement between the Independent School District No. 625 and the Plumbers Local No. 34. Approved: Chairman, Ci il Service Commis ion � COUNCILMEIV Requested by Department of: Yeas Nays � �°r �ERSO L Drew [n Favor Masanz Nicosia sche�be� __ Against BY Tedesco Wilson AUr7 - 2 198� For Appr ed City Attorney Adopted by Council: Date Certified Y ss d uncil Se e a BY A►pprov 1Qavor: Date AU�7 " 6 �� Ap ved by Mayor f , Su mission to Council By g ./ �it- `��� �" `l.(--��� i \. PUBLfSHED AU G 11 1984 � ���e�y Personnel Office �EPARTt�tENT ,�ane rP �otz�r-tz -- rONTACT 298-1+221 PHONE � � � ' July 3, 1984 DATE �v� . (Routing and Explanation Sheet) Assign Number for Routing Order (Clip All Locations for Mayoral Signature): 1 Department Director 2 City Attorney �°'J�' �� 3 Di rector of Management/Ma�yor �`� � �� Fi nance and. Management Servi ces Di rector RECEIVED � City Clerk Budget Di rector J U L ? U �984 MAYOR'S OFFICE What Will be Achieved by Taking Action on the Attached Materials? (Purpose/Rationale): This resolution approves the 1984 Agreement between the Independent School District, No. 625 and the Plumbers Local N0. 34. The changes include the items listed on the attached sheet. Financial , Budgetary and Personnel Impacts Anticipated: None. Applies only to the School District. Funding Source and Fund Activity Number Charged or Credited: Attachments (List and Number all Attachments) : 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 (SPP RpvPrtP Side for �Instructions) . . . ����Q,�� CHANGES - 1984 Agreement between ISD #625 and the Plumbers Local No. 34. Wages - This union has agreed to a wage freeze with its private sector contractors, plus an additional 29� for fringe benefit contributions. This obviously produces very little wage change for this group. Other - This is a one-year contract, with expiration date of April 30, 1985. The new severance pay option with $6,500 maximum payment is added. The mandatory retirement article is amended from age 65 to age 70 for mandatory retirement. This is consistent with law and with Board of Education policy. ���;� �:: -;� CZTY OZ' SAIN7.' �AU� . ��y��� 9 r..! r ti' ���• �� [,i ��-,I .a,s ± • `. OI`1�ICT!i OP` �1.`HIC CZ'.PY COUNCIL � � �,�i�1'Y•�. '� . . �_i �� ��_,..,a.,� . ` s.,,,�:.��,; •� - D d �'e ; July 26, 1984 .�' - ; '��s ,�� "�s,,,,' � . b�.� COtVfM �TT � E RE PORT f . . TO = Sqin� Pau ! City Cou�ci! � F�� � = C o nn t�it`�e e o n FINANCE, MANAGEMENT � PERSONNEL - � � C H A I 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) �� , , 3. M ordinance amending Section 33.04, Subd. 8 (13) of the Legislative Code pertaining � to permit fees for warm air, heating, ventilation and general sheet metal work. ' (Cor.ununity Services) _�{`��j��;� . 4. An ordinance amending Section 33.04, Subd. 3 (7) of the Legislative Code establishing �.�j�/='�\,; - ermit fees for lasterin stucco and s ra on fire roofin Nork. ((Comrnunit Services �-^�"- ' . - -• "P P S, P Y- P 8 Y ) . S. Resolution amending the 1954 CIT budget and transferring a10,700 from Conxingent Reserve-- Specified to Community Services Dept.-Parks f, creation (emergency repair of brick- • work at D:ears Park). (Community Services) �y �?{7�� �`���._. . • . 6. Resolution approving the transfer from Specified Contingency Feserved to various � � budgets to meet 1984 salary needs. (Executive Administration) �. �Q��: , ...LJ.�._>� -._ _ 7. Resolution approving 1984 f•fainten�ir►ce Labor Agreement betsreen the Cit e, �r,,,� � International Union of Elevator Constructors, Local 9. (Personnel) ��p���J�-`i � ' i 8. Resolution approving 1984-85 Alaintenance Labor Agreement between the City and the Operative Plasters' and Coment Afasons' International Assn., Local-560. (Personnel) ���� 1 9. Resolution approving 1984-85 I�taintenance Labor Agreement between the City and the Bricklayers, Ai3sons farblem ' ment Blocklayers and'Tuckpointers, Local Union . No. 1 (Personnel). ' - 10. Resolution approving 1984 btaintenance Labor A�reemen[ between the Independent School ' District No. 625 and the llnited Assn. Pipefitters Local Union No. 455. (Personnel) �' ��� 11. Resolution approving 1984 rfaintenance Labor Ag ta en the City and the Sheet Dletal {Vorkers Local No. 10. (Personnel)� � . � 12. Resolution approving 1984 Collective Bargainin eement bctween the ISD �625 ' and the Plumbers Local No. 34. (Personnel 13. Resolution amending the Civil Service Rules and inserting the Communications Technician Leaduorken in Se ti 3.I Grade 35S and inse rting i.ts specifications in Section 32. (Personnel) � 14. Resolution amending the Civil Service Rules and inserting Communications Technicia Helper in Section 3.D, and inserting its specifications in Section 32. (Fersonnel C1TY HALL SEVENTH FLOOR � � SAINT PAUL� DiINNESOTA SSI02 ��rN �� �c�c��a3y, • I N D E R ARTICLE TITLE PAGE Preamble iii I Purpose 1 II Recognition 1 III Employer Rights : 1 IV Union Rights 2 V Scope of the Agreement 2 , VI Probationary Periods 3 VII Philosophy of Employment and Compensation 3 � VIII Hours of Work 4 IR Overtime 5 % Call Back 5 XI Work Location 6 %II Wages 7 RIII Fringe Benefits 11 %IV Selection of Foreman and General Foreman 11 XV Retirement 11 XVI Holidays 12 • XVII Disciplinary Procedures 13 XVIII Absences from Work 13 %I% Senioritq 14 RR Jurisdiction 15 XXI Separation 15 XXII Tools 15 XRIII Grievance Procedure 16 XXIV Right of Subcontract 18 XRV Non-discrimination 18 XXVI Severability 18 ' XRVII Waiver 19 XRVIII Mileage-Independent School District No. 625 19 XRIX Safety 20 � XXX Legal Services 20 XXXI Duration and Pledge 21 Appendix A A1 Appendix B B1 Appendix C C1-2 Appendix D D1 Appendix E E1 • - ii - P R E A M B L E • This AGREEMENT is entered into between Independent School District No. 625, hereinafter referred to as the EMPLOYER, and the United Association Plumbers Local 34, hereinafter referred to as the UNION. The EMPLOYER and the UNION concur that this AGREEMENT has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. � The EMPLOYER and the UNION both realize that this goal depends not only on the words in the AGREEMENT but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of ' the EMPLOYER, the UNION, and the individual employees will best serve the needs of the general public. • • - iii - ���'�D�y ARTICLE I - PURPOSE � 1.1 The II�LOYER and the UNION agree that the purpose for entering into this AGREII��IJT 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 EI�LOYER and the IINION.; . • 1.13 Establish procedures to orderly and peacefully reso,lve disputes as to the application or interpretation of this AGREEMENT without • loss of manpower productivity. 1.2 The E1�LOYER and the UNION agree that this AGREII�ENT serves as a supplement to legislation that creates and directs the EI�LOYER. If any part of this AGREEMENT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided bq Article 26 (SEVERABILITY). ARTICLE II - RECOGNITION � 2.1 The El�LOYER recognizes the UNION as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisional, temporary, and 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-527-A dated Maq 11, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. • ARTICLE III - II�LOYER RIGHTS 3.1 The IIKPLOYER 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 anq inherent managerial function not specifically limited by this AGREEMENT. 3.2 Any "term or condition of employment" not established by this AGREII�ENT shall remain with the EMPLOYER to eliminate, modify or • establish following written notification to the UNION. - 1 - ARTICLE IV - UNION RIGHTS 4.1 The EMPLOYER shall deduct from the wages of employees who authorize � such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies deducted shall be remitted as directed by the UNION. 4. 11 The II�IPLOYER shall not deduct dues from the wages of employees covered by this AGREIIKENT for any other labor organization. 4.12 The UNION shall indemnify and save harmless the EMPLOYER from any and all claims or charges made against the EMPLOYER as a result of the implementation of this ARTICLE. 4.2 The UNION may designate one (1) employee from the bargaining unit to • act as a Steward and shall inform the EMPLOYER in writing of such designation. Such employee shall have the right and responsibilities ' as designated in Article 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 IIKPLOYER where employees covered by this AGREEMENT are working. ARTICLE V - SCOPE OF THE AGREEMENT 5. 1 This AGREEMENT establishes the "terms and conditions of employment" • defined by M. S. 179.63, Subdivision 18, for all employees exclusively represented by the UNION. This AGREEMENT shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. • - 2 - ����3 y � 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' probationarq period during which time the emploqee's fitness and ability to perform ,, the class of positions' duties and responsibilities shall be evaluated. 6.11 At any time during the probationarq period an employee may be terminated at the discretion of the II�LOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE). 6.12 An employee terminated. during the probationary period shall • receive a written notice of the reason(s) for such termination, a copq 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 probatio�aarq 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 probationarq period an emploqee may be demoted to the employee's previously-held class of positions at the discretion of the EMPLOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE) . 6.22 An emploqee demoted during the promotional probationarq period � shall be returned to the employee's previously-held class of positions and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the UNION. ARTICLE VII - PHILOSOPHY OF II�LOYMENT AND COMPENSATION 7.1 The EI�LOYER and the UNION are in full agreement that the philosophy of emplopment and compensation shall be a "cash" hourly wage and "industry" fringe benefit system. r 7.2 The II�LOYER shall compensate employees for all hours worked at the basic hourlq wage rate and hourly fringe benefit rate as found in Articles 12 (WAGES) and 13 (FRINGE BENEFITS). 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this AGREEMENT; except those employees who have individually optioned to be "grandfathered" as provided by 12.2. • - 3 - ARTICLE VIII - HOURS OE 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 EMPLOYER as provided by Article 10 (CALL BACK). 8.7 Employees reporting for work at the established starting time and for � whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. � - 4 - l� �y��a�y' ARTICLE IX - OVERTIME � • 4.1 Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done onlq by order of the head of the department. An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the EL�LOYER. 9.2 The rate of one and one-half (1'�) the basic hourlq rate shall be the overt3me rate for work performed under the followiag circumstances: • 9.21 Time worked in excess of eight (8) hours in any one normal work � day, and • 9.22 Time worked in excess of 40 hours in a seven (7) day period. 9.3 For the purpose of calculating overtime compensation, overtime hours worked shall not be "pyramided", compounded or paid twice for the same hours worked. 9.4 Overtime hours worked as provided by this ARTICLE shall be paid in cash or compensatory time as determined by the Employer. ARTICLE R - CALL BACR • 10.1 The II�LOYER retains the right to call back employees before an employee has started a normal work day or normal work week and after an emploqee 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 hourlq 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 Emploqees called back four (4) hours or less prior to their normal work daq shall complete the normal work day and be compensated only � for the overtime hours worked in accordance with Article 9 (OVERTIME) . � - 5 - ARTICLE XI - WORK LOCATION 11.1 Employees shall report to work location as assigned by a designated * EMPLOYER supervisor. During the normal work day, employees may be assigned to other work locations at the discretion of the EMPLOYER. 11.2 Employees assigned to work locations during the normal work day other than their original assignment, and who are required to furnish their own transportation, shall be compensated for mileage. � � - 6 - ��/-ia3� ARTICLE RII - WAGES � 12.1 The basic hourly wage rates as established by Appendix C shall be paid for aIl 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. Theq shall be subject to all other provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS). 12.21 Insurance benefits as established by City of Saint Paul Resolutions. 12.22 Sick leave as established by Resolution No. 3250, Section 20. - 12.23 Vacation as established in Section 1 H of the Salarq Plan and Rates of Compensation Resolution (6446); however, employees in this bargaining unit, except Water Meter Serviceman, covered bq this vacation provision, shall be granted vacation at the rate � of 160 hours in each calendar year. Employees worlcing in the class of Water Meter Serviceman shall be covered by the vacation schedule as stated in Section 1 H of the Salary Plan and Rates of Compensation (6446) . 12.24 Nine (9) legal holidaqs as established by Resolution No. 6446, Section 1, Subdivision I. � 12.25 Severance benefits as established by the School District's Severance Paq Plan with a maximum payment of $4,000. or as established bq Section 12.26 of this Article. 12.26 Severance Pay: Provisions effective Maq 1, 1984. The Employer shall provide a severance pay program as set forth in this Section: 12.26.1 To be eligible for the severance pay program, an emploqee must meet the following requirements: ' 12.26.11 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions of the Public � Employees Retirement Association (PERA) . The "rule of 90" criteria shall also apply to employees covered by a public pension plan other than PERA. 12.26.12 The employee must be voluntarily separated from School District employment or have been sub�ect to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, . inefficiency, incompetency or any other disciplinary reason are not eligible for this severance pay program. - 7 - Article XII - Wages (continued) 12.26.13 The employee must have at least ten (10) � years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this Article, employment in either the City of Saint Paul or in Independent School District No. 625 may be used in meeting this ten- (10) year service requirement. 12.26. 14 The employee must file a waiver of re-employment with the Director of Personnel, which will clearly indicate that by - requesting severance pay, the employee waives all claims to reinstatement or re-employment (of- any type) with the City of Saint Paul or - with Independent School District No. 625. 12.26. 15 The emgloyee must have accumulated a minimum . of sixty (60) days of sick leave credits at the time of his separation from service. 12.26.2 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of • accrued sick leave subject to a maximum of 200 accrued sick leave days. 12.26.3 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. 12.26.4 For the purpose of this severance pay program, a death of an employee shall be considered as separation of employment and, if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. � 12.26.5 For the purpose of this severance pay program, a transfer from Independent School District No. 625 employment to City of Saint Paul employment is not considered a separation of employment, and such transferee shall not be eligible for this severance program. 12.26.6 The manner of payment of such severance pay shall be made in accordance with the provisions of the School District Severance Pay Plan already in existence. � - 8 - ����d�� Article XII - Wages (continued) • 12.26.7 This severance pay program shall be sub�ect to and - governed by the provisions of the original School District Severance Paq Plan (which allows $4,000 maximum payment) except in those cases where the specific provisions of this section conflict with said Severance Paq Plan and in such cases, the , provisions of this section shall control. 12.26.8 Any employee hired prior to April 30, 1984 may, in anq event, and upon meeting the qualifications of this section or the original School District Basic • Severance Pay Plan (which allows $4,000 maximum - payment) , draw severance pay. However, an election by the employee to draw severance pay under either this section or the basic School District Severance Pay Plan shall constitute a bar to receiving severance pay from the other. Any emploqee hired after April 30, 1984 shall be entitled onlq to the benefits of this section upon meeting the qualifications herein. . 12.26.9 An employee of Independent School District No. 625 � shall not be eligible for the severance pay provision of this section if such emploqee is also eligible and a recipient of Early Retirement � Incentive payment under the Memorandum of Agreement with the exclusive representatine dated October 4, 1983. 12.27 The II�LOYER will for the period of this AGREEMENT provide for employees who are eligible for Employer's Health and Welfare benefits and who have retired since September 1, 1974, and until such employees reach sixty-five (65) years of age such health and life insurance benefits as were provided by the EI�LOYER at the time such employees retired. 12.28 In order to be eligible for the benefits under the provision of ' 12.27 the employee must: 12.28.1 Be receiving benefits from a public employee retiree � act at the time of retirement. 12.28.2 Have severed his relationship with the City of Saint Paul and Independent School District No. 625 under one of the early retiree plans. 12.28.3 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. s - 9 - Article XII - WAGES (continued) 12.3 Regular employees not covered by the fringe benefits listed in Article � 12.2 shall be considered, for the purposes of this AGREEMENT, � participating employees and shall be compensated in accordance with Article 12. 1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS). 12.4 Provisional, temporary, and emergency employees shall be considered, � for the purposes of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12. 1 (WAGES) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 13 (FRINGE BENEFITS) . " 12.5 All regular employees employed after February 15, 1974, shall be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12. 1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.6 The provision of Article 12.5 shall not apply to employees working under the title of Water Meter Serviceman. � a - 10 - ��� �o.�� ARTICLE RIII - FRINGE BENEFITS � �3.1 The II�LOYER shall make contributions on behalf of and/or make deductions from the wages of employees covered by this AGREEMENT in accordance with Appendix D for all hours worked. ARTICLE RIV - SELECTION OF FOREMAN AND GENERAL FOREMAN 14.1 The selection of personnel for the class of position Plumber Foreman shall remain solely with the II�LOYER. . 14.2 The class of position Plumber Foreman shall be filled by employees of � the bargaining unit on a "temporary assignment". - 14.3 AlI "temporarq assignments" shall be made onlq at the direction of a designated II�LOYER supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal work� day. ARTICLE XV - RETIREMENT 15.1 All employees shall retire from employment with the EMPLOYER no later � than the last calendar day of the month in which an emploqee becomes seventy (70) qears old. • - 11 - ARTICLE XVI - HOLIDAYS 16. 1 The following nine (9) days shall be designated as holidays: � New Year's Day, January 1 Presidents' Day, Third Monday in February Memorial Day, Last Monday in May Independence Day, July 4 Labor Day, First Monday in September Columbus Day, Second Monday in October Veterans' Day, November 11 Thanksgiving Day, Fourth Thursday in November ' Christmas Day, December 25. 16.2 When New Year's Day, Independence Day or Christmas Day falls on a ' Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 16.3 The nine (9) holidays shall be considered non-work days. 16.4 If, in the judgment of the EMPLOYER, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article X (CALL BACK) . 16.5 Employees working on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. ' 16.6 In the case of Board of Education employees, if Presidents' Day, ! Columbus Day or Veterans' Day falls on a day when school is in session, the employees shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be a day on which school is not in session and shall be determined by agreement between the employee and his supervisor. � - 12 - � �� �D�� ARTICLE RVII - DISCIPLINARY PROCIDURES • 17.1 The II�LOYER shall have the right to impose disciplinarq actions on emploqees for �ust cause. 17.2 Disciplinarq actions by the II�LOYER shall include onlq 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 Commission or a designated Board of Review shall be the sole and exclusive means of reviewing a suspension, demotion or discharge. No appeal of a suspension, demotion or discharge shall be considered a "grievance" for the purpose of processing through the provisions of Article 23 (GRIEVANCE PROCEDURE) . ARTICLE RVIII - ABSENCES FROM WORR � 18.1 Employees who are unable to report for their normal work day have the responsibilitq to notify their supervisor of such absence as soon as possible, but ia no event later than the beginning of such work daq. 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 II�LOYER on the part of the employee. � - 13 - ARTICLE XIX - SENIORITY 19. 1 Seniority, for the purposes of this AGREEMENT, shall be defined as � follows: 19. 11 "Master Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the last date of employment in any and all class titles covered by this AGREEMENT. 19. 12 "Class Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the date an employee was first appointed to a class title covered by this AGREEMENT. ' 19.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty � (30) calendar days; is granted because of illness or injury; is . granted to allow an employee to accept an appointment to the unclassified service of the EMPLOYER or to an elected or appointed full-time position with the UNION. � 19.3 Seniority shall terminate when an employee retires, resigns or is discharged. 19.4 In the event it is determined by the 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. 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. � - 14 - G'���� �°�y ARTICLE XX - JURISDICTION S _ 20.1 Disputes concerning work �urisdiction between and among unions is recognized as an appropriate subject to determination by the various unions representing employees of the EI�II.'LOYER. 20.2 The II�LOYER agrees to be guided in the assignment of work jurisdiction by anq 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 II�LOYER to accomplish the work• as . originally assigaed pending resolution of the dispute or to restrict � the IIKPLOYER'S basic right to assign work. - 20.4 Anq employee refusing to perform work assigned by the EMPLOYER and as clarified by Sections 20.2 and 20.3 above shall be subject to disciplinary action as provided in Article 17 (DISCIPLINARY PROCEDURES). 20.5 There shall be no work stoppage, slow down or anq disruption of work resulting from a work assignment. ARTICLE XXI - SEPARATION j � 21.1 Employees having a probationarq or regular employment status shall be considered separated from employment based on the following actions: 21.11 Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 21. 12 Retirement. As provided in Article 15. - 21.13 Discharge. As provided in Article 17. � 21.14 Failure to Report for Duty. As provided in Article 18. 21.2 Employees having an emergencq, temporary or provisional employment � status may be terminated at the discretion of the EMPLOYER before the completion of a normal work day. ARTICLE XXII - TOOLS 22.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. . • - 15 - ARTICLE XXIII - GRIEVANCE PROCEDURE • 23.1 The II�LOYER shall recognize Stewards selected in accordance with � UNION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the names of the Stewards and of their successors when so named. 23.2 It is recognized and accepted by the II�IPLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee � have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be . detrimental to the work programs of the EMPLOYER. 23.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 17.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. 23.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this � AGREEMENT, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. SteP 2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UNION within three (3) calendar days following this meeting. � The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER`S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt � of the EMPLOYER'S answer shall be considered waived. - 16 - �-�y��.�� Article XXIII - Grievance Procedure (contiaued) iStep 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 replq in writing to the UNION stating the II�LOYER'S answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the • II�LOYER'S answer shall be considered waived. � Step 4. If the grievaace remains unresolved, the UNION may within ` seven (7) calendar daqs after the response of the EhIl�LOYER in Step 3, by written notice to the EI�LOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the II�LOYER and the UNION within sevea (7) calendar daqs 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 Emplopment Relations Board to submit a panel of five (5) arbitrators. Both the EI�LOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION • shall strike the first (lst) name; the EMPLOYER shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 23.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing bq the EI�LOYER and the UNION and shall have no authoritq 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 thirtq (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UNION, and the employees. 23.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, • providing it pays for the record. 23.7 The time limits in each step of this procedure may be extended by mutual agreement of the II�LOYER and the UNION. - 17 - ARTICLE XXIV - RIGHT OF SUBCONTRACT 24.1 The II�LOYER may, at any time during the duration of this AGREEMENT, i contract out work done by the employees covered by this AGREEMENT. In the event that such contracting would result in a reduction of the work force covered by this AGREEMENT, the EMPLOYER shall give the UNION a ninety (90) calendar day notice of the intention to subcontract. 24.2 The subcontracting of work done by the employees covered by this AGREEMENT shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE XXV - NON-DISCRIMINATION 25. 1 The terms and conditions of this 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. 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. ARTICLE XXVI - SEVERABILITY • 26.1 In the event that any provision(s) of this AGREEMENT is declared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall 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. � - 18 - �= �`/-��`�j ARTICLE RRVII - WAIVER � 27.1 The EhhtPLOYER 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 bq the parties after the exercise of this right are fully and completelq set forth in this AGREEMENT. 27.2 Therefore, the E1�LOYER and the UNION for the duration of this AGREII��IJT agree that the other party shall not be obligated to meet and negotiate over any term or condition of employment whether specifically covered or not specifically covered bq this AGREEMENT. . The UNION� and 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 AGREEMENT, are herebq superseded. ARTICLE XXVIII - MILEAGE - INDEPENDENT SCAOOL DISTRICT N0. 625 28.1 Emploqees of the School District under policy adopted by the Board of Education maq be reimbursed for the use of their automobiles for • school business. To be eligible for such reimbursement, emploqees must receive authorization from the District Mileage Committee utilizing one of the following plans: PLAN "A" is reimbursed at the rate of 23C per mile. In addition, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount can be the experience of another working in the same or similar position. • Under this plan, it is necessary for the employee to keep a record of each trip made. � PLAN "C" provides for reimbursement based on a per month "lump sum" amount. This amount is dete�ined by the employee's driving experience under Plan "A" for a period of 3 to 6 months. Those employees receiving an auto allowance under this plan must report monthly the number of days the car was available during the month. A deduction must be made from the lump sum amount for each day the employee is on vacation. A deduction need not be made for an occasional day of illness or for holiday. � - 19 - ARTICLE XXIR - SAFETY 29.1 Accident and in�ury-free operations shall be the goal of the EMPLOYER � and IIKPLOYEES. To this end, the EMPLOYER and EMPLOYEES will, to the best of their ability, abide by and live up to the requirements of the several state and federal Construction Safety Codes and Regulations. 29.2 To this end, the EMPLOYER shall from time to time issue rules or notices to his EMPLOYEES regarding on-the-job safety requirements. . . Any EMPLOYEE violating such rules or notices shall be subject to disciplinary action. No EMPLOYEE may be discharged for refusing to work under unsafe conditions. 29.3 Such safety equipment as required by governmental regulations shall be ' provided without cost to the EMPLOYEE. At the EMPLOYER'S option, the EMPLOYEES may be required to sign for safety equipment and shall be obligated to return same upon discharge, layoff, quit �or other � termination in comparable condition as when issued, providing reasonable wear and tear. The EMPLOYER shall have the right to withhold the cost of such safety equipment if not returned. 29.4 The EMPLOYER agrees to pay $10.00 toward the cost of each pair of safety shoes purchased by an EMPLOYEE who is a member of this unit. The EMPLOYER shall contribute for the cost of two pair of shoes per year and shall not be responsible for any additional cost for any additional shoes thereafter. This reimbursement of $10.00 per pair of shoes shall be made only after investigation and approval by the � immediate supervisor of that employee. This $10.00 per pair of shoes contribution to be made by the EMPLOYER shall apply to those employees who must wear protective shoes or boots for their employment. ARTICLE XXX - LEGAL SERVICES 30. 1 Except in the case of malfeasance in office or willful or wanton neglect of duty, the EMPLOYER shall defend, save harmless, and indemnify an employee and/or his estate against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission in the operation of a city-owned motor vehicle occurring in ` the performance and scope of the employee's duties. � - 20 - ���i��� ARTICLE %X%I - DIIRATION AND PLIDGE � 31.1 This AGREII�NT sha11 become e�fective as of the date of signing, escept as specifically provided' otherwise in Articles 12 and 13, and shall remain ia effect through the 30th day of April, 1985, and continue in effect from year to year thereafter unless aotice to change or to terminate is given in the manner pronided in 31.2. 31.2 If either party desires to terminate or modify this AGREIIKENT effectine as of the date of expiration, the party wishing to modify or terminate the AGREIIKENT shall give written notice to the other partp, 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. - 31.3' Ia consideration of the terms and conditions of emplopment established . by this AGREFMENT and the recognition that the GRIEVANCE PROCEDURE hereia 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 AGREEI�DiT: 31.31 The IINTION and the employees will not engage ia, 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. � 31.32 The F.L�II'LOYER will aot engage in, instigate or condone any lockout of employees. 31.33 This constitutes a tentative AGREEMENT between the parties which will be recommended by the School Board Negotiator, but is sub�ect to the approval of the School Board, the Administration of the City, and is also subject to ratification by the UNION. AGREED to this �''day of , 1984, and attested to as the full and complete understanding of e parties for the period of time� herein specified by the signature of the following representatives for the II�LOYER and the UNION: WITNESSES: INDEPENDENT SCHOOL DISTRICT N0. 625 UNITED ASSOCIATION PLUI�ERS �� LOCAL 34 ,�� " ��.� , ;;' ; � / ��?� �� �.� �� ,, ,; � .,� School oard Negotiato Business Manager . , %' � / ��. `� C airman, oard of Education � - 21 - . �����3� APPENDI% A � The classes of positions recognized bq . the IIKPLOYER as being exclusively represented by the UNION are as follows: Plumber-Foreman Apprentice Plumber - Senior Plumbing Inspector . Plumbing Inspector ' Plumbing Inspector--Water Department . Water Meter Serviceman and other classes of positions that may be established by the EI�LOYER where the duties and respoasibilities assigned come within the 3urisdiction of the UNION. i • - A1 - ��=�o3y APPENDIX C The basic hourly wage rate for provisional, regular, and probationarq � emploqees appointed to the following classes of positions and not receiving the fringe benefits listed i.n Article 12.2 shall be: Effective April 28, 1984 Plumber. . . . . . . . . . . . . . . . . . . . . . $ 17.40* Plumber-Foremaa. . . . . . . . . . . . . . . . . .. 18.85* Plumbing Inspector . . . . . . . . . . . . . . . , . 18.85* Plumbing Inspector-Water Department. . . . . . . . 18.85* - Senior Plumbing Inspector. . . . . . . . . . . . . 19.81* � ' The basic hourlq wage rate for temporary and emergency employees appointed to the following classes of positions shall be: Effective April 28, 1984 , Plumber. . . . . . . . . . . . . . . . . . . . . . $ 18.10* P lumb e r-Fo reman. . . . . . . . . . . . . . . . . . 19.6 0* Plumbing Inspector . . . . . . . . . . . . . . . . 19.60* Plumbing Inspector-Water Department. . . . . . . . 19.60* � Senior Plumbing Inspector. . . . . . . . . . . . . 20.60* Apprentice 0 - 6 months. . . . . . . . . . . . . . . . . . 50% of Plumber rate 7 - 12 months. . . . . . . . . . . . . . . . . . 55% of Plumber rate 13 - 18 months. . . . . . . . . . . . . . . . . . 60X of Plumber rate 19 - 24 months. . . . . . . . . . . . . . . . . . 657 of Plumber rate 25 - 30 months. . . . . . . . . . . . . . . . . . 70X of Plumber rate 31 - 36 months. . . . . . . . . . . . . . . . . 75X of Plumber rate 37 - 42 months. . . . . . . . . . . . . . . . . . 80X of Plumber rate 43 - 48 months. . . . . . . . . . . . . . . . . . 85x of Plumber rate � 49 - 54 months. . . . . . . . . . . . . . . . . . 907 of Plumber rate 55 - 60 months. . . . . . . . . . . . . . . . . . 95X of Plumber rate � *This rate includes the $1.57 taxable vacation contribution. - C1 - Appendix C (continued) The basic hourly wage rate for regular employees appointed to the following � classes of positions who are receiving the fringe benefits listed in Article 12.2 shall be: Effective April 28, 1984 Plumber . . . . . . . . . . . . . . . . . . . . . $ 17.36 Plumber-Foreman . . . . . . . . . . . . . . . . . 18.60 Plumbing Inspector. . . . . . . . . . . . . . . . 18.60 Plumbing Inspector-Water Department . . . . . . . 18.60 Senior Plumbing Inspector . . . . . . . . . . . . 19.42 The basic hourly wage rate for the class of Water Meter Serviceman shall be: Effective � April 28, 1984 0 - 6 months of continuous service. . . . . . . . $ 12.63 After completion of 6 months of continuous service. . . . . . . . . . . . . . . . . . . 13.O 1 � 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 - ��i�� APPENDIR D � Effective Maq 1, 1984, the IIKPLOYER shall: (1) contribute $1.57 per hour from which payroll deductions have been made for all hours worked by participating emploqees as defined in Articles 12.3, 12.4, and 12.5 of this AGREEMENT, to a tJNION-designated Credit Union. (2) contribute $1.53 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 Health and Welfare Fund. r (3) contribute $2.38 per hour for all hours worked by � � participating employees as defined in Articles 12.3, 12.4, v and 12.5 of this AGREEMENT, to the Pension Fund. (4) contribute $ .10 per hour for a11 hours worked bq participating employees as defined in Articles 12.3, 12.4, and 12.5 of th is AGREEMENT to the Journeyman and Apprenticeship Training Fund. � (5) contribute $.02 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 of this AGREEMENT to the General Benefit Fund. All contributions made in accordance with this Appendix shall be • forwarded to the �in City Pipe Traders Service Association. The EMPLOYER shall establish Workers' Compensation and Unemplopment Compensation programs as required bq Minnesota statutes. The II�PLOYER'S fringe benefit obligation to participating employees as defined in Articles 12.3, 12.4, and 12.5 is limited to the contributions and/or deductions established hy this AGREEMENT. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the EhlPLOYER has forwarded contributions and/or deductions. � • - D1 - • ��y�e3,� APPENDIX E � WORRING CONDITIONS FOR SENIOR PLtJ1�ING INSPECTORS AND PLTJMBING INSPECTORS As a result of the 1974 settlement, the Parties have established craft-determined rates for Senior Plumbing Inspectors and for Plumbing Inspectors, with the specific understanding that such agreement is restricted to established rates of paq for such classifications. It is, consequently, agreed that the EMPLOYER in applying ARTICLE 3 - � II�LOYER RIGHTS - of the MAINTENANCE LABOR AGREIIrIENT, shall have the right ' • to operate the Department in the same manner as heretofore, with management rights unaffected, and that the establishment of separate rates for these ' classifications as well as for Inspector classifications in other Bargaining Units, may not result in disputes over assignments or over rates of pay for work performed, nor will any jurisdictional claims or restrictions be asserted bq the UNION because members of various Inspector classifications are assigned to work which is also performed by other Inspector classifications. � z i - E1 - WM17E - CITV CLERK PINK - FINANCE C�VnC1I CANARV - DEPARTMENT GITY OF SAINT PAUL File NO. �� /O� � BLUE - MAVOR � CITY CLERK Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul approves and ratifies the attached 1984 Collective Bargaining Agreement between the Independent School District No. 625 and the Plumbers Local No. 34. Approved: Chairman, Civil Service Commission COUNCILMEN Requested by Department of: Yeas Nays Fl�tcbsr �" In Favor �E���L OFFICE Masenz Nicosia s��� Against BY Tedetco Wilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY BS' Approved by Navor: Date Approved by Mayor for Submission to Council .,-- n--