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.
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COtVfM �TT � E RE PORT
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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
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• 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
•
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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.
•
•
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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.
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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.
•
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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.
•
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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.
�
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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) .
�
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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.
�
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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.
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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.
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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
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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.
�
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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.
•
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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.
�
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� �� �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.
�
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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.
�
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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. .
•
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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.
�
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�= �`/-��`�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--