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280646 WHITE - C�TV CLEFiK COl1I1CII �� PINK - FINANCE GITY OF SAINT PAITL � CANARV - DEPARTMENT �T BLUE - MAVOR File NO. � . �C uncil Resolution Presented By �' � �g, � ✓Referred To '�TK�I�� Committee: Date �� Out of Committee By � Date RESOLVED, That the Council of the City of Saint Paul he reby approves and rati.fies, the attached 1983 Maintenance Labor Agreement between the City of St. Paul and th.e International Union of Elevator � Constructors, Local 9. App rove d: � ivil Servic Commission Chai rman COUNCILMEN Requested by Department of: Yeas F�etcher Nays PERSONNEL OFFICE ceu� [n Favor Masanz Nicosia Scheibel __ Against BY Tedesco Wilson Adopted by Council: Date JUL 2 1 1983 Form A proved by it � . Certified as e Council , t BY tapprov y A�1av �: 71983 Approved by Mayor for Submis 'on to Council 1 g �b�� 'i ��'��"''l� . B Y PUBLISHED AU G 6 19$3 �>��.�� ' y . ' , , • , r,,t._" a � r 1983 MAINTENANCE LABOR AGREEMENT - between - THE CITY OF SAINT PAUL - and - INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS, LOCAL 9 �� I N D E X ARTICLE TITLE PAGE Preamble iii I Purpose 1 II Recognition 2 III Employer Rights 3 IV Union Rights 4 V Scope of Agreement 5 VI Probationary Periods 6 VII Philosophy of Employment and Compensation 7 VIII Hours of Work $ IX Overtime 9 X Call Back 10 XI Work Location I1 XII Wages 12 XIII Fringe Benefits 14 XIV Selection of Foreman and General Foreman 15 XV Holidays 16 XVI Disciplinary Procedures 1� XVII Absences From Work 18 XVIII Seniority 19 XIX Jurisdiction 20 XX Separation 21 XXI Tools 22 XXII Grievance Procedure 23 XXIII Right of Subcontract 28 XXIV Non-Discrimination 29 XXV Severability 30 XXVI Waiver 31 XXVII City Mileage Plan 32 RXVIII Duration and Pledge 33 Appendix A A1 Appendix B B1 Appendix C Cl - ii - P R E A M B L E This AGREEMENT is entered into between the City of Saint Paul, � hereinafter referred to as the E.*fPLOYER and the International linion of � Elevator Constructors, Local 9, hereinafter referred to as the UNION. The EMPLOYER and the UNION concur that this AGRE�`fE�'T 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 af responsibility. Constructive attitudes of the CITY, the UNIO�, and the individual employees will best serve the needs of the general public. - iii - � �� ARTICLE I - PURPOSE 1.1 The EMPLOYER and the UNION agree that the purpose for entering into this AGREEMENT is to: 1.11 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; 1.12 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the EMPLOYER and the UNION; 1.13 Establish procedures to orderly and peacefully resolve disputes as to the application of inter- pretation of this AGREEMENT without loss of manpower productivity. 1.2 The EMPLOYER and the UNION agree that this AGREEMENT serues as a supplement to legislation that creates and directs the F�IPLOYER. If any .part of this AGREEMENT is in conflict with such legislation, the latter shall prevail. T'he parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (SEVERABILITY) . - 1 - ARTICLE II - RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative for collective bargaining purposes for all personnel having an ` employment status of regular, probationary, provisional, temporary,- and emergency employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-475-A dated April 13, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. - 2 - �,��,�� • . _ , � `.� } ARTICLE III - EMPLOYER RIGHTS 3.1 The EI�IPLOYER reEains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specificaZly limited by this AGREEMENT. 3.2 Any "term or condition of employment" not established by this AGREEMENT shall remain with the EMPLOYER to eliminate, modify, or establish following written notification to the UNION. - 3 - ARTICLE IV - UNZON 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 r the UNION. 4.11 The EMPLOYER shall not deduct dues from the wages of employees covered by this AGREEMENT for any other labor organization. 4.12 The UNION shall indemnify and save harmless the EMPLOYER from any and all claims or charges made against the EMPLOYER as a result of the implementation of this ARTICLE. 4.2 The UNION may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the F.�iPLOYER in writing of such d'esignation. Such employee shall have the rights and responsibilities as designated in Article 22 (GRIEVANCE PROCIDURE) . 4.3 Upon notification to a designated EMPLOYER supervisor, the Business Manager of the UNION, or his designated representative shall be permitted to enter the facilities of the EMPLOYER where employees covered by this AGREEME1dT are working. - 4 - ��:�� ARTICLE V - SCOPE OF THE AGREEMENT 5.1 This AGREEMENT establishes the "terms and conditions of employment" defined by M.S. 179.63, Subd. 18 for all employees exclusively represented by the UNION. This AGREEI�fENT shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. - 5 - ARTICLE VI - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) month's probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.11 At any ti.me during the probationary period an employee may be terminated at the discretion of the EMPLOYER without appeal to the provisions of ARTICLE 22 (GRIEVANCE PROCIDURE) . 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the UNIOPd. 6.2 All personnel promoted to a higher class of positions shall serve a six (6) months' promotional probationary period during which time the employee's f itness and ability to perform the class of positions' duties and responsi- b ilities shall be evaluated. 6.21 At any time during the promotional probationary period an employee may be demoted to the employee's previously held class of positions at the discretion of the EMPLOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE) . 6.22 An employee demoted during the promotional probationary period sl�all be returned to the employee's previously held class of positions and shall receive a written notice of the reasans for demotion, a copy of which shall be sent to the UNION. - 6 - � , . . . . �� ARTICLE VII - PHILOSOPHY OF EMPLOYMENT AND COriPENSATION 7.1 The EMPLOYER and the UNION are in full agreement that the philosophy of employment and compensation shall be a "cash" hourly wage and "industry" fringe benefit system. 7.2 The EMPLOYER shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Article 12 (WAGES) and 13 (FRINGE BENEFITS) . 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this AGREEMENT; except those employees who have individually optioned to be "grandfathered" as provided by 12.2. _ 7 _ ARTICLE VIII - HOURS OF LdORK 3.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7 :00 a.m. and 5:30 p.m. � 8.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 8.3 If, during the term of this AGREEMENT, it is necessary in the F:I�'LOYER'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. - 8 - ��;�� ARTICLE IX - OVERTIPiE 9.1 All overtime compensated for by the EMPLOYER must receive prior authori- zation from a designated EMPLOY�R supervisor. 130 overtime work claim will be honored for payment or credit unless approved in advance. An overtime claiu-► will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 9.2 The overtime rate of one and one-half (1%) the basic hourly rate shall be paid for work performed under the following circumstances: 9.21 Time worked in excess of eight (8) hours in any one normal work day and 9.22 Time worked on a sixth (6th) day following a normal work week. 9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the following circumstances: 9.31 Time worked on a holiday as defined in Article 15 (HOLIDAYS) ; 9.32 Time worked on a seventh (7th) day following a normal work week; and 9.33 Time worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour period, provided, that all "emergency" work required by "Acts of God" sha11 be compensated at the rate of one and one-half (12) . 9.4 For the purposes of calculating overtime compensation overtime hours worked shall not be "pyramided", compounded, or paid twice for the same hours worked. 9.5 Overtime hours worked as provided by this ARTICLE shall be paid in cash or compensatory time at the option of the E�ployer. - 9 - ARTICLE X - CALL BACK 10.1 The EMPLOYER retains the right to call back employees before an employee has started a normal work day or normal work week and , after an employee has completed a normal work day or nornal work r week. 10.2 Employees called back shall receive a minimum of four (4) hours pay at the basic hourly rate. 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9 (OVERTIME), when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME) . - 10 - . �� . . . �� -, � ARTICLE XI - WORK LOCATION 11.1 Employees shall report to work location as assigned by a designated EMPLOYER supervisor. During the normal �oork day employees �ay be assigned to other work locations at the discretion of the E`iPLOYER. 11.2 Employees assigned to work locations during the normal work da5, other than their original assignment, and who are required to furnish . their own transportation shall be compensated for mileage. - 11 - ARTICLE XII - WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. � 12.2 Employees who are covered by the fringe benefits listed below shall � continue to be covered by such benefits. They shall be subject to all other provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.21 Insurance benefits as established by City of Saint Paul Resolutions. 12.22 Sick Leave as established by Resolution No. 3250, Section 20. Z2.2� Vacation as established by the Saint Paul Salary Plan and. Rates of Compensation, Section I, Subdivision H. 12.24 Nine (9) legal holidays as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision I. 12.25 Severance benefits as established by Ordi.nance No. 11490 with a maximum payment of $4,000. 12.3 Regular employees employed prior to February 15, 1974, and covered by the fringe benefits listed in Article 12.2 shall be compensated in accordance with Paragraph A of Appendix C. 12.4 Temporary and emergency employees shall be considered, for the purpvses of this AGREII�IENT, participating employees and sha11 be conpensated in accordance with Paragraph B of Appendix C and shall not have any fringe benefit contributions and/or deductions made in their behal£, - 12 - `��:� �. ARTICLE XII - WAGES (continued) 12.5 All regular and provisional employees employed after February 15, 1974, shall be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Paragraph C of Appendix C and shall not have any fringe benefit contributions and/or deductions rsade in their behalf. - 13 - ARTICLE XIII - FRINGE BENEFITS 13.1 The EMPLOYER shall provide the fringe benefits listed in 12.2 only to employees employed prior to February 15, 1974. , , - 14 - �� r-.�._��.�., ; ARTICLE XIV - SELECTION OF FORE�IAN AND GENERAL FOREMAN 14.1 The selection of personnel for the class of position of Foreman shall remain solely with the EMPLOYER. - 15 - ARTICLE XV - HOLIDAYS 15.1 The following nine (9) days shall be designated as holidays: New Year's Day, January 1 Presidents' Day, Third rionday in February . Memorial Day, last Monday in May Independence Day, July 4 r 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 I5.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following rionday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shali be considered the designated holiday. 15.3 The nine (9) holidays shall be considered non-work days. 15.4 If, in the judgment of the EMPLOYER, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called b ack" in accordance with Article 10 (CALL BACK) . 15.5 Employees working on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. - 16 - �'�� ARTICLE XVI - DISCIPLINARY PROCEDURES 16.1 The EMPLOYER shall have the right to impose disciplinary actions on employees for just cause. 16.2 Disciplinary actions by the �IPLOYER shall include only the following actions: 16.21 Oral reprimand , 16.22 Written repri.mand 16.23 Suspension 16.24 Demotion 16.25 Discharge 16.3 Employees who are suspended, demoted, or discharge shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Board of Review. The Civil Service Conunission, or a designa.ted Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appeal of a suspension, demotion, or discharge shall be considered a "grievance" for the purpose of processing through the provisions of Article 22 (GRIEVANCE PROCEDURES) . - 17 - ARTICLE XVII - ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as � soon as possible, but in no event later than the beginning of such ; work day. 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (DISCIPLINARY PROCEDURES) . 17.3 Failure to report for work without notification for three (3) cansecutive normal work days ma.y be considered a "quit" by the EMPLOYER on the part o£ the employee. ` - 18 - ��'�� ARTICLE XVIII - SENIORITY 18.1 Seniority, for the purposes of this AGREEMENT, shall be defined as follows: 18.11 "Master Seniority" - the length of continuous regular and probationary service with the EMPLOYER from the last date of employment in any and all class titles covered by this AGREEMENi'. 18.12 "Class Seniority" - the length of continuous regular and probationary service with the EMPLOYER from the . date an employee was first appointed to a class tit].e covered by this AGREEMENT. 18.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the EMPLOYER or to an elected or appointed full-time position with the UNION. 18.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 18.4 In the event it is determined by the EMPLOYER that it is necessary to reduce the work force emploqees will be laid off by class title within each department based on inverse length of "Class Seniority". Employees laid off shall have the right to reinstatement in any lower-paid class title previously held, provided, employee has greater "Class Seniority" than theemployee being replaced. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", subject to the approval of the EMPLOYER. - 19 - ARTICLE XIX - JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various , unions representing employees of the EMPLOYER. 19.2 The EMPL�YER agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 19.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the F�iPLOYER shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the EMPLOYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict the EMPLOYER'5 basic right to assign work. 19.4 Any employee refusing to perform work assigned by the EMPLOYER and as clarif ied by Sections 19.2 and 19.3 above shall be sub�ect to disciplinary action as provided in Article 16 (DISCIPLINARY PROCEDURES) . 19.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. - 20 - . . , . . . �;�� ARTICLE XX - SEPARATION 20.1 Employees having a probationary or regular e�ployment status shall be considered separated from employment based on the follo�aing actions: 20.11 Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar � days prior to the effective date of the resignation. 20.12 Discharge. As provided in Article 16. 20.13 Failure to Report for Duty. As provided in Article I7 . 20.2 Employees having an emergency, temporary, or provisional employment status may be terminated at the discretion of the EMPLOYER before the completion of a normal work day. - 21 - ARTICLE XXI - TOOLS 21.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. � � - 22 - �� ARTICLE XXII - GRIEVANCE PROCEDURE 22.1 The EMPLOYER shall recognize stewards selected in accordance with UNION rules and regulations as the grievance representative of the bargaining - unit. The UNION shall notify the EMPLOYER in writing of the names of the stewards and of their successors when so named. 22.2 It is recognized and accepted by the EMPLOYER and the UNION that tha processing of grievances as hereinafter provided is Ii.mited 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 invoZved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EMPLOYER. 22.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 16.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. 22.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this AGREEMINT, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the - 23 - ARTICLE XXII - GRIEVANCE PROCIDURE (continued) employee's satisfaction by the informal discussio� it may be reduced to writing and referred to Step 2 by the UNION. The writCen grievance shall set forth the nature ' of the grievance, the facts on which it is based, the ' alleged section(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREE- MENT not reduced to writing by the UNION within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a designated EMPLOYER supervisor shall meet with the UNION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolv�d, the EMPLOYER shall reply in writing to the UNION within three (3) calendar days following this meeting. The UNION ma.y refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. - 24 - � � +h� � u [i 4�8 � ��'.�'�� . ARTICLE XXII - GRIEVAI�CE PRO'CEDURE (continued) Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated EMPLOYER supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the EMPLOYER shall reply in writing to the UNION stating the F1�IPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, .the IINION may refer the grievance to Step 4. Any grievance not referred to in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. Step 4. If the grievance remains unresolved, the UNION may within seven (7) calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relations Board to submit a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION shall - 25 - ARTICLE XXII - GRIEVANCE PROCEDURE (continued) 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. � 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thrity (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decis�on 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 , f inal and binding on the EMPLOYER, the UNION and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equa.11y by the F�iPLOYER and the UNION, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. - 26 - ;`�� ARTICLE XXII - GRIEVANCE PROCEDURE (continued) 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. - 27 - ARTICLE XXIII - RIGHT OF SUBCONTRACT 23.1 The EMPLOYER may, at any time during the duration of this AGREEI�SENT, contract out work done by the employees covered by this AGREEr1ENT. , In the event that such contracting would result i.n a reduction of the work force covered by this AGREEMENT, the EMPLOYER shall give the UNION a ninety (90) calendar day notice of the intention to sub-contract. 23.2 The sub-contracting of work done by the employees covered by this AGREEMENT shall in all cases be made only to enpZoyers who qualify in accordance with Ordinance No. 14013. - 28 - . • , . ��"��"`;:� ARTICLE XXIV - NON-DISCRIMINATION 24.1 The terms and conditions of this AGREEMENT will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, or because of inembership or non-membership in the WION. 24.2 Employees will perform their duties and responsibilities in a � non-discriminatory manner as such duties and responsibilities involve other employees and the general public. - 29 - ARTICLE XXV - SEVERA$ILITY 25.1 In the event that any provision(s) of this AGREEMENT is declared to be contrary to law by proper legislative, administrative, or � judicial authority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 25.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the AGREEMENT in compliance with the legislative, administrative, or judicial determination. - 30 - . y^�'Jry[��.��> '��i �S'�:/��ra�� ' ARTICLE XXVI - WAIVER, . � 26.1 The EMPLOYER and the UNION acknowledge that during the meeting and negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this AGREEMENT. � 26.2 Therefore, the EMPLOYER and the UNION for the duration of this AGREEMENT agree that the other party shall not be obligated to meet and negotiate over any term or condition of employment whether specifically covered or not specifically covered by this AGREEMENT. The UNION and II�IPLOYER may, however, mutually agree to modify any provision of this AGREEMENT. 26.3 Any and all prior ordinances, agreements, resolutions, practices, palicies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this AGREEMENT, are hereby superseded. - 31 - ARTICLE XXVII - CITY MILEAGE ' . � � , • ' - 27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 27.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the � Department Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $3.00 per day for each day the employee's vehicle is actually used i.n performing the duties of the employee's position. In addition, the employee shall be reimbursed 15� per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is availa.ble for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reim- bursed at the rate of 15� per mile driven and shall not be eligible for any per diem. TyPe 2. If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reimbursed at the rate of $3.00 per day for each day of work. In addition, the employee shall be reimbursed 15� per mile for each mile actually driven. If such employee is required to drive an autamobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reim- bursed at the rate of 15� per mile driven and shall not be eligible for any per diem. 27.3 The City will provide parking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his or her own personal car availabl.e. 27.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulatians and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days �aorked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the cit.y clerk. _ _ - 32 - �� .,:,_ a ,,. ARTICLE XXVIII - DURATION AND PLEDGE 28.1 This AGREEMENT shall become effective as of the date of signing, except as specifically provided otherwise in Articles 12 and 13, and shall remain in effect through the 31st day of May, 1984, and continue� in effect from year to year thereafter unless notice to change or r"o terminate is given in the manner provided in 28.2. 28.2 If either party desires to terminate or modify this AGREEMENT, effective as of the date of expiration, the party wishing to modify or terminate the AGREII�fENT shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided, that the AGREEMENT may only be so terminated or modified effective as of the expiration date. 28.3 In consideration of the terms and conditions of employment established by this AGREEMENT and the recognition that the GRIEVANCE PROCIDURE herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the AGREEMENT: 28.31 The IINION and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment - 33 - ARTICLE XXVIII - DURATION AND PLEDGE (continued) 2$.32 The EMPLOYER will not engage in, instigate, or condone any lock-out of employees. 28.33 This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of The City, the City Council and is also subject to . rati£ication by the UNION. AGREED to this 9th day of June, 1983, and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representative for the E�iPLOYER and the UNION. . WITNESSES: INTERNATIONAL UNION OF ELEVATOR CI'�Y OF SAINT PAUL CONSTRUCTORS LOCAL N0. 9 . ' Labor Relat' s Di cto B iness Ma e Civil Service Commission - 34 - '�;��,� r�.'�_ . ;�'� „ r , . , . . APPENDIX C A. The basic hourly wage rate for regular employees appointed to the following class of positions who are receiving the Fr.inge Benefits listed in Article 12.2 shall be: Effective June 1, 1983 Elevator Inspector . . . . . . . . . . . . $19.81 B. The basic hourly wage for temporary and emergency employees appointed to the following class of positions shall be: Effective June 1,1983 Elevator Inspector . . . . . . . . . . . . $24.35 C. The basic hourly wage rate for provisional, regular and probationary employees appointed to the following classes of positions and not receiving the Fringe Benefits listed in Article 12.2 shall be: Effective June 1, 1983 � Elevator Inspector . . . . . . . . . . . . $23.41 The EMPLOYER shall establish Workman's Compensation and Unemployment Conpensation programs as required by Minnesota Statutes. - C1 - _ — . - — -- - - - - ---. _ . _ --- _ __ __ -- - �° �► - -- . . , '�`_'�.i�� • . +.NITE - C�TV CLERK ��VK - FINANCE GITY OF SAINT PALIL Council � �4tiARV - Oc�ARTMENT F]le NO. __UE - MAYOR 1 CITY CLERK �Q�nCZb li�SO��tZ�� P:esented By Referred To Committee: Date Out of Committee By Date RESOLVED, That the Council of the City of Saint Pau� he reby approves and rati.fies the attached 1983 Maintenance Labor Agreement between the City of St. Paul and the International Union of Elevator Constructors, Local 9. Approved: Civil Se rvice Commi s sion � Ch ai rma.n COUNC[L'�EN Requested by Department of: �z�s F�etcher Nays PERSONNEL OFFICE Gafles [n Favor Masanz Nicosia Sche9b�t Against BY Tedesco Wilson Form Approved by City Attorney :\dupted b} Council: Date Certified Yassed by Council Secretary BY B; Approved by ;Ylavor: Date I Approved by Mayor for Submission to Countil PersonnelOffice DEPARTt�1ENT �� Bernard P. Wri ht • j �� . , g rONTRCT' ` 298-4221 PHONE _ June 21, 198 3 DATE t V�� . (Routing and Explanation Sheet) Assign Number for Routing Order (Clip All Locations for Flayoral Signature)_:_ .�. Department Di rector �Ci ty Attorney �t.CEIV�D /Mayor �UN 2 2 �83 Finance and. Management ces Director City Clerk MAYORS OFFICE - � Budget Di rector What Wi11 be Achieved by Taking Action on the Attached Materials? (Purpose/RationaTe): This resolution approves the 1983 contract between the City and the Elevator Constructors Local 9. 'The only change is in wages. The total package increase is $1.92 per hour. This is based on the outside settlement between the Union a,n.d the Elevator Indi�.stry. The City has two e;n.ployees �overed by this contract. Both are Elevator Inspectors. Financial , Budgetary and Personnel Impacts Anticipated: 1983 (June thru Dec. ) 1984 (Ja.n. thru May) Wa e s Frin e s Total Wa� Frin e s Total 3410 1153 45 3 $2435 823 $3258 Funding Source and Fund Activity Number Charged or Credited: Attachments (List and Number all Attachments): 1. Resolution a,nd Maintenance Labor Agreement ' : 2. Copy for City Clerk DEPARTMENT REVIEW CITY ATTORNEY REVIEt�I Yes No Council Resolution Required? Resolution Required? Yes� Yes No Insurance Required? Insurance Sufficient? Yes � Na Yes No Insurance Attached? Revision of October, 1982 (SPP RPVPrce Sidp for 'Instructions) \'.�- /�':;'�..'.�, v n� .ti V JL N i.�.�..� . � �� -� � » �'^% lE;�, ' .l �`.( ��.•,��.yl.%;� U]?'1�ICI�; pl� '1`FIT: GI'.L`I' COIIICIL � �� £ = ,��':;�-:;`: :� :c � , � D d t e ; July 14, 1983 �� t,; ..c .`` 1!: ��•' .,-t:;.��. � / . " .�y-..�_..:,. �� COMMl7'T' � E RE PORT �' O = 5acn� Pau f Cifiy Cou �ci! � - '_ ' F� Q �J� = C O CYl C�11 l�C C O�T FINANCE, MANAGEMENT $ PERSONNEL . ' � C E-1 A I R COUNCII�MAN SCHEIBEL - � _ 1: 30 p.m. � . AGENDA � l. Approval of minutes from meeting held July 7, 1983. �' . . •. C 2.� _ Resolution approvirig the issuance of a tax exemgt mortgag� in the amount � of $1,000,000 for the Austin/I�ing Enterprises Medical �3uilding to finance . ' leasehold improvements for the tenants. (Port Authority)�. - ._. �.� �� 3. Resolution amending the 1983 Downtown and Seventh Place Tax' Incremeiit Debt Service Fund Budget to provide for contributions of excess 7'ax Tncrements to General Debt Service Fund.for Urban. Renewal.Bond Annual Debt Service.. (PED) . 4. Resolution approving contract�between the City and the E� ors C�ctors Local 9. (Personnel) �� • . ,�`1'��y:�•�:. "rt� >'`` . S. Resolution approving the biemorandwn of Understanding per aining to e�rq�loyees holding the title of Assistarit Fire Chief. (Pexsonnel}�-�...��.�.��:�� 6. Resolution amending the Civil Service Rules eoncexning Class Specifications. . (Personnel) L/t� . �;�P� c`_;�r'�LR�C��"'� � - 7. Resolution renewing -lease agreement with Union Oil Company for maintenance of pipeline facilities. on Navy Island. (Finance) ��- •: �� . 8. Resolution increasing paramedic fees. (Fire Department) �� . 9. Ordinance amending Sections 33.04 and 370.16 0£ the St. Patil I.egislati�-e Code (Community Services) � �-�`�� . t'Iq`;�b��Y''°y-�__ -� Not on Agenda � 1D. Resolution approving and authorizing the filing of an application for a federal grant for the Homegrown Economy Program. (PED) �,��;.��.�__;�.� 11. Capital Allocation Policy (PED) ��'�(��1.;;- .�`P-�? ✓.,��- . . _ ,