279140 WHITE - CITV CLERK COUIICII 2"I914Q �
PINK - FINANCE G I TY OF SA I NT PALT L
CANARV - DEPARTMENT
BLUE �- MAVOR File NO.
Cou cil Resolution
Presented By "�Ol"�� '
r'
Referred To Committee: Date
Out of Committee By Date
RESOLVED, that the Council of the City of Saint Paul hereby
approves and ratifies the attached 1982 Maintenance Labor Agreement
between the City of Saint Paul and the Elevator Constructors Union,
Local No. 9.
Approved:
.
C ai man il Se rvice C ommi s sion
COUNCILMEN Requested by Department of:
Yeas Nays �
Fletcher PERSO NEL OFFICE
�eV1"e [n Favor
Masanz
Nicosia
Scheibel _ �1__ Against BY —
�- U
��
Adopted by Council: Date AUG 2 6 1982 Form A prov by City t rney
c
Certifie assed Cou . Sec tary BY �
� • -
By �.�r�
Approv d ; avor. Date AUG � O �98Z A r ve by Mayor for S b iss'4�cm to Council 4
By� - -
Plf81tSNE� S E P 41982
f�- '�:•:"�C`� V, .
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�. � C0 �11 �lIlTTEE R � P � R i : �
: .
7' O : Soin� PQU[ Ci�ty Councii . - . - � . -� . : ,.-
FRQ � = Commi��ee on FZNANCE� MANAGEMENT & PERSONNEL •
_ � ►7`aznes" Scheibel � cnoirm a n . " - �.- '-� -��-:^=�'--.-
, � _ , , _ -•C. . . -�" !.. 'j'�^'�'.i.
The Finance Committee; 'at 'the meeting of , recommended approval of the follor+ing:
.
- ----------__—__ ------- --._.:.---- -�---- —__ _ _
1. . Approval of minutes from m�etings held July 29 a»d Angust S, 1982.�.
2. Resolution approving the 1982 riaintenance Labor Agreement bet�veen the �
City of St. Paul and the Elevator Constructors Union, Local �9
3. Resolution establishing the title of Computer Opeator--Library in
- Grade 22, Section 3.B of the Civil Service Ru�:�s.
, -
e4lFioi'7a �..,-Pm�� • �
• 6. Resolution increasing the charge £rom $4.00 to �5.00 for towing and
storage charges for vehicles impounded by the City.
. �
a rovin the is
8. Resolution amending the 1982 Capital Improvement Budget to rovide �,�
financing for improvements to the Arts � Science Center.
9. Resolution revising budgets for the .operating portion of the Permanent -
Improvement Revolving Fund. M�: -.
10. .Resolution revising the Finance Special Projects Special Revenue Fund
'Budget'. : �, � _ - .
11. Resolution approving the securities pledged by Summit State Bank of Phalen -
Park to protect� funds of the C.ity of St. Paul �vhile held thei-e. � ��
12. Resolufion approving a Tax Increme�t Financing PYan,�and creating a Tax
Increment Financing Distr'ct for the St.• Paul. J�ei&hborhood_ 13i�siness
Deve lopment Progr.am: 'R�� ' - .
-L� V7�pcnnt.,r�__, }," r.*,P R7 Pt• • }�„�,tjnn flnl,t St��t'11S R ��nrt '1i1[�
_ � ,_ . . _ . . _ . .. '_ ---- : ---..�._._ _ _ _ - - � -- �,;�,��,;,_
�� � ,, ;..�
HOW TO USE THE GREEN SHEET `
�.� � � s. .�� . . "
The GREEN SH�ET has several gurposes:
1. To assist in routing documents and in securing
required signatures
2 . To brief the reviewers of documents on the impacts
of aPProval
' 3. To help ensure that necess�ry supporting materials .
are prepared and, if required, attached,
ROUTING .
Most GREEN SHEET actions must be reviewed by a Department
Director, the City Attorney, the Director of Management, the
. Director of Fi.nance and Management Services. Other possible
�reviewe�s/sic�fia�u�e�s are�� �3sted. - ` � � � - f' �
._ � - - _
< BRIEFING � _
, N�st: 4a��th�. G��1�aSHEE��heac�:ings �re desi,grr�d tv �assist- in � c
developing a p�e�i.s Jof�-tl�� deci�i�anuwhi�h -the_ �tta�chments
represent. The headings are of ferad ta reminc� .use�s crf- sa�' - -
o-.� ;t�he�more_ E�rit�i�al_.�].ements of this �rr�ef: � � -
� The Financial, Budqetary and Personnel I�np��t� �eadinq pro�zid�s
a sp�c� �tg explais. �be _cos�t/behe�it� asp�.cts of; the deeision. - - - - `
Costs and benefits relate bot1� �c� Cit� ,budget EGe�ersl Fund and/os _
Special Funds) and to broader financial impacts teost. tQ users,, .
� homeowners or othe,r groups affected by,the actian) . = T1ze-;pe�sonnel�
actvis a de�cri�i�ion qf chanc,�e QrV:shift of Fu11-Time Ectuivalent
� .. � _ •�E); _po�itioris,. _ y y • ` .
_ _ .. . 1_ ;1' _
SUPPORTING MATERZALS - - - -
In the Attachments� seG.tion', list all attachments. y If the GREEPI �
SHEET is well done, no letter af transmitt,al ne�d be included
(unless signing such a lett"er is one of tlie `requested actions) . v
Note: Actions which require City Council resolutions include:
a. Contractual relationship with another gov�rn�nent unit.
b. Collective bargaining. " `:" � `; � . _ .
c. Purchase or sale of land, or lease of land.
d. Issuance of bonds by City.
e. Eminent domain. _
f. Assum�tion of liability by City, or granting :
by City of inde�r�nification.
_ . ,
g. Agreements with State or Federal Government
under which they are nroviding funding.
Note also: If an agreement requires evidence af insurance/co-
insurance, a Certificate of Insurance should be one
of the attachments at time of 'routing.
.
. � �`7914�
,
,
1982
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 2r
III Employer Rights 3
IV Union Rights 4
V Scope of Agreement 5
VI Probationary Periods 6
VII Philosophy of Employment and Compensation 7
VIII Hours of Work 8
IX Overtime 9
X Call Back 10
XI Work Location 11
XII Wages 12
XIII Fringe Benefits 14
XIV Selection of Foreman and General Foreman 15
, XV � Holidays 16
XVI Disciplinary Procedures 17
XVII Absences From Work 18
XVIII Seniority 19
XIX Jurisdiction 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
XXVIII Duration and Pledge 33
Appendix A A1
Appendix B B1
Appendix C C1
P
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� . 2'7914Q
PREAriBLE
This AGREEMENT is entered into between the City of Saint Paul,
hereinafter referred to as the EMPLOYER and the International Un.ion of
Elevator Constructors, Local 9, hereinafter referred to as the UNIOlv.
The EMPLOYER and the UNION concur that this AGREEMENT has as its
ob3ective the promotion of the responsibilities of the City of Saint Paul
for the benefit of the general public through effective labor-management
cooperati,on.
The II�PLOYER and the UNION both realize that this goa2 depends
not only on the words in the AGREE�'IENT but rather primarily on attitudes
between people at all levels of responsibility. Constructive attitudes of
the CITY, the UNION, and the individual employees will best serve the needs
of the general public.
0
- iii -
ARTICLE I - PURPOSE
1.1 The EMPLOYER and the UNIOYd 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 AGREF�h1ENT without loss of manpower
productivity.
1.2 TEie EMPLOYER and the UNION agree that this AGREEMENT serves as a
supplement to legislation that creates and directs the IIKPLOYER. If
any part of this AGREEMENT is in conflict with such legislation, the
latter shall prevail. The parties, on written notice, agree to negotiate
that part in conflict so that it conforms to the statute as provided
by Article 25 (SEVERABILITY) .
�.
- 1 -
� � ��9140
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 Mediatian 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.
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- 2 -
ARTICLE III - EMPLOYER RIGHTS
3.1 The EMPLOYER retains the right to operate and manage alI manpower,
facilities, and equipment; to establish functions and programs;
to set and amend budgets; to determine the utilization of �
technology; to establish and modify the organizational structure; '
to select, direct, and determine the number of personnel; and to
perform any inherent managerial function not specifically limited
by this AGREEMFNT.
3.2 Any "term or condition of employment" not established by this
AGREIIKENT shall remain with the EMPLOYER to eliminate, modify, or
establish following written notification to the UNION.
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� - ��9140
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 UNIQN.
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 EMPLOYER in writing of such
designation. Such employee shall have the rights and responsibilities
as designated in Article 22 (GRIEVANCE PROCEDURE) .
4.3 Upon notificat�on to a designated EMPLOYER supervisor, the Business
Manager of the UNION, or his designated representative shall be
permitted to enter the facilities of the EMPLOYER where employees
covered by this AGREEMENT are working.
�
- 4 -
ARTICLE V - SCOPE OF THE AGREEMENT • '
5.1 Th7.s AGREEMENT establishes the "terms and conditions of employment"
def ined by M.S. 179.63, Subd. 18 for all employees exclusively
xepresented by the UNION. This AGREF�IENT shall supersede such
"texYns and conditions of employment" established by Civil Service
Rule, Council Ordinance, and Council Resolution.
e
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I
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
t
the class of positions' duties and responsibilities shall be evaluated.
6.11 At any time during the probationary period an
employee may be terminated at the discretion of
the ENIPLOYER without appeal to the provisions of
ARTICLE 22 (GRIEVANCE PROCIDURE) .
6.12 An employee terminated during the probationary
period shall receive a written notice of the reason(s)
� for such termination, a copy of which shall be sent
to the UNION.
6.2 All personnel promoted to a higher class of positions shall serve a six
(6) months' promotional probationary period during which time the employee's
fitness and ability to perform the class of positions' duties and responsi-
bilities 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 F,MPLOYER
without appeal to the provisions of Article 22 (GRIEVANCE
PROCIDURE) .
6.22 An employee demoted during the promotionaI. probationary
period shall be returned to the employee's previously
held class of positions and shall receive a written notice of
the reasons for demotion, a copy of which shall be sent to
the UNION.
- 6 -
A.RTICLE VII - PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The EMPLOYER and the UNION are in full agreement that the philosophy
of employment and compensation shall be a "�ash" 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.
;
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� � 2'79140
ARTICLE VIII - HOURS OF WORK
8.1 The normal work day shall be eight (8) consecutive hours per day,
excluding a thirty (30) minute unpaid lunch period, between 7:00
a.m. and 5:30 p.m.
8.2 The normal work week shall be five (5) consecutive normal work days
Monday through Friday.
8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYERtS
3udgment 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 condi.tions of such shifts and/or work weeks.
8.4 Tliis section shall nat 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 tY►eir supervisor.
8.6 All employees are sub�ect 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 ava�lable 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.
y
_ g _
ARTICLE IX - OVERTIME
9.1 All overtime compensated for by the F�iPLOYER must receive prior authori-
zation from a designated ErIPLOYER supervisor. No overtime work claim
will be honored for payment or credit unless agproved in advance. An
overtime claim will not be honored, even though shown on the time card,
unless the required advance approval has been obtained.
9_.2 Z'Eie 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 Ti.me worked on a sixth (6th) day following a normal
work week.
9.3 The overtitne 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"
shall be compensated at the rate of one and one-half
Cl�? .
9.4 For the purposes of calculating overtime campensation 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
r
or compensatory time at the option of the Employer.
- 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 coeek and
�
after an employee has completed a normal work day or normal work
�
week.
10.2 Employees called back shall receive a minimum of four (4) hours pay
at the basic hourly rate.
10.3 The hours worked based on a call-back shall be compensated in accordance
with Article 9 (OVERTIME) , when applicable, and 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
E�LOYER 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.
i
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. � �'7�140
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.
12.23 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 �, Subdivision I.
12.25 Severance benefits as established by Ordinance No.
114R0 with a maximum payment of $4,000.
12.3 Regular 2mployees employed prior to February 15, 1974, and covered by
the fringe benefits listed i.n Article 12.2 shall be compensated in
accordance with Paragraph A of Appendix C.
12.4 Temporary and emergency employees shall be considered, fo'r the purposes
of this AGREEMENT, participating employees and shall be compensated in
accordance with Paragraph B of Appendix C and shall not have any fringe
benefit contributions and/or deductions made in their behalf.
- 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 made in their behalf.
t
,
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ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN
14.1 The selection of personnel for the class of position of Foreman
shall remain solely with the EMPLOYER.
>
>
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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.
;
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ARTICLE XV - HOLIDAYS
15.1 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
15.2 When New Year's Day, Independence Day or Christnas Day falls on a
Sunday, the following Monday shall be considered the designated holiday.
When any of these three (3) holidays falls on a Saturday, the preceding
Friday shall be considered the designated holiday.
15.3 The nine �9) holidays shall be considered non-work days.
15.4 If, in the �udgment of the EMPLOYER, personneZ are necessary for
operating or emergency reasons, employees may be scheduled or "called
back" in accordance with Article 10 (CALL BACK) .
15.5 Employees working on a designated holiday shall be eompensated 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 EMPLOYER shall include only the following
actions:
16.21 Oral reprimand
16.22 Written reprimand
16.23 Suspension
16.24 Demotion
16.25 Discharge
16.3 Employees who are suspended, demoted, or 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 Commission, or a
designated Board of Review, shall be the sole and exclusive means of
reviewing a suspension, demotion, or discharge. No appeal of a suspension,
demotion, or discharge shall be considered a "grievance" for the purpose
of processing through the provisions of Article 22 (GRIEVANCE PROCEDURES) .
,
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� - 2�9140
ARTICLE XVII - ASSENCES FROM LdORK
17.1 Employees who are unable to report for their normal work day have
the responsibility to notify their supervisor of such absence as
e
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 PROCIDURES) .
17.3 Failure to report for work without notification for three (3)
consecutive normal work days may be considered a •"quit" by the
EMPLOYER on the part of the employee.
j
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' - 18 -
ARTICLE XVIII - SENIORITY
18.1 Seniority, for the purposes of this AGREEMENT, shall be defined as
follows:
l
18.11 'Tiaster 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 AGREEMEI�'T.
18.12 "Class Seniority" - the length of continuous regular
and probationary service with the EMPLOYER from the
date an employee was first appointed to a class title
covered by this AGREEMENT.
18.2 Seniority shall not accumulate during an unpaid leave of absence, except
when such a leave is granted for a period of Zess 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 b3� the II�iPLOYER 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 of£ shall have the right to reinstatement in any lower-paid class
title previously held, provided, employee has greater "Class Seniority"
than the employee being replaced.
18.5 The selection of vacation periods shall be made by class title based on
length of "Class Seniority", subject to the approval of the 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 EMPLOYER agrees to be guided in the assignment of work jurisdiction
by any mutual agreements between the unions involved.
19.3 In the event of a dispute concerning the performance or assignment of
work, the unions involved and the EMPLOYER shall meet as soon as mutually
possible to resolve the dispute. Nothing in the foregoing shall restrict
the right of the EMPLOYER to accomplish the work as originally assigned
pending resolution of the dispute or to restrict the F�IPLOYER'S basic
right to assign work.
19.4 Any employee refusing to perform work assigned by the EMPLOYER and as
clarified by Sections 19.2 and _19.3 above shall be subject to disciplinary
action as provided in Article 16 (DISCIPLINARY PROCEDURES) .
19.5 There shall be no worY stoppage, slow down, or any disruption of work
resulting from a work assignment.
- 20 -
ARTICLE XX - SEPARATION
20.1 Employees having a probationary or regular employment status shall
be considered separated from employment based on the fo].lowing
actions:
20.11 Resignation. Employees resigning from employment
sha11 give written notice fourteen (14) calendar
days prior to the effective date of the resignation.
� 20.12 Discharge. As provided in Article 16.
20.13 Failure to Report for Duty. As provided in Article 17.
20.2 Employees having an emergency, temporary, or provisional employment
status may be terminated at the discretion of the F�NIPLOYER before the
completion of a normal work day.
- 21 -
ARTICLE XXI - TOOLS
21.1 A11 employees shall personally provide themselves with the tools of
the trade as listed in Appendix B.
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- 22 -
ARTICLE XXII - GRIEVANCE PROCEDURE
22.1 The EMPLOYER shall recognize stewards selected in accordance with UNIQIv'
rules and regulations as the grievance representative of the bargaining
t
unit. The UNION shall notify the EMPLOYER in writing of the names of
the stewards and of their successors when so named. �
22.2 It is recognized and accepted by the EMPLOYER and the UNION that the
processing of grievances as hereinafter provided is limited by the job
duties and responsibilities of the employees and shall therefore be
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 abse�t to
process a grievance and that such absence would not be detrimental to
the work progratas of the EMPLOYER.
22.3 The procedure established by this AR.TICLE 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 folZowing 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
- 23 -
� 2'79140
ARTICLE XXII - GRIEVANCE PROCEDUFE (continued)
employee's satisfaction by the informal discussion it
may be reduced ta 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 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 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 E�IPLOYER'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.
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ARTICLE XXII - GRIEVANCE PROCIDURE (continued)
Step 3. Within seven (7) calendar days following receipt
of a grievance referred from Step 2 a designated IIriPLOYER
supervisor shall meet with the Union Business Manager or
his designated representative and attempt to resolve the
grievance. Within seven (7) calendar days following this
meeting the EMPLOYER shall reply in writing to the UNION
stating the EMPLOYER'8 answer concerning the grievance.
If, as a result of the written response the grievance remains
unresolved, the UNION may refer the grievance to Step 4.
Any grievance not referred to in writing by the UNION to
" Step 4 within seven (7) calendar days following receipt of
the EMPLOYER'S answer shall be considered waived.
Step 4. If the grievance remains unresolved, the UNION
may within seven (7) calendar days after the response of
the EMPLOYER in Step 3, by written notice to the EMFLOYER,
request arbitration of the grievance. The arbitration
proceed3ngs 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 II�IPLOYER and the UNION shall have the right to '
strike two (2) names from the panel. The UNION shall
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� � �'79�.4U
ARTICLE XXII - GRIEV'ANCE PROCIDURE (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
foliowing close of the hearing or the submission of briefs by the
parties, whichever be later, unless the parties agree to an extension.
The decision shall be based solely on the arbitrator's interpretation
or application of the express terms of this AGREEMENT and to the facts
of the grievance presented. The decision of the arbitrator shall be
final and binding on the EMPLOYER, the UNION and the employees.
22.6 The fees and expenses for the arbitrator's services and proceedings
shall b� 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.
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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.
>
`
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ARTICLE XXIII - RIGHT OF SUBCONTRACT
23.1 The EriPLOYER may, at any time during the duration of this AGREEriENT,
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 AGREIIrIENT, the EMPLOYER shall give
the UNION a ninety (90) calendar day notice of the intention to
sub-contract.
23.2 The sub-contxacting of work done by the employees covered by
this AGREII�IENT shall in all cases be made only to employers who
qualify in accordance with Ordinance No. 14013.
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ARTICLE XXIV - NON-DISCAIMINATION
24.1 The terms and conditions of this AGREEMENT will be applied to
employees equally without regard to, or discrimination for or
aga3nst, any individual because of race, color, creed, sex,
age, or because of inembership or non-membership in the UNION.
24.2 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.
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. � 2''19140
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.
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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.
2b.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 EMPLOYER may, however, mutually agree
to modify any provision of this AGREEMENT.
26.3 Any and all prioz ordinances, agreements, �esolutions, practices,
policies, and rules or regulations regarding the terms and
conditions of employment, to the extent they are inconsistent
with this AGREEMENT, are hereby superseded.
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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 Aead.
�pe 1. If an employee is required to use his/her own automobile
OCCASIONALLY during employment, the employee shall be reimbursed at
. the rate of $3.00 per day for each day the employee's vehicle is
actually used in performing the duties of the employee's position.
In addition, the employee shall be reimbursed 15� per mile for each
mile actually driven.
If such employee is required to drive an automobile during employment and
the department head or designated representative determines that an
employer vehicle is available fox the employee's use but the employee
desires to use his/her own automobile, then the employee shall be reim-
Tiursed at the rate of 15� per mile driven and shall nat 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
shaI.l be reimbursed 15� per mile for each mile actually driven.
If such employee is required to drive an automobile during employment
and the department head or designated representative determines that
an employer vehicle is available for the employee's use but the employee
desires to use his/her own automobile, then the employee shall be reim-
bursed at the rate of 15� per mile driven ancl 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 mentianed types of reimbursement plans
who are required to have their personal car available for City business.
Such parking will be provi.ded only for the days the employee is required
to have his or her own personal car available.
27.4 Rules and Regulations: The Mayor shall adopt rules and regulations
governing the procedures for automobile reimbursement, which regulations
and rules shall contain the requirement that recipients shall file daily
reports indicating miles driven and shall file monthly affidavits stating
the number of days worked and the number of miles driven, and further
require that they maintain automobile liability insurance in amounts of
not less than $100,000/$300,000 for personal 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 reguZations, together with the amendment thereto,
shall be maintained on file with the city clerk.
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ARTICLE XXVIII - DURATION AN� PLIDGE
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 7th day of July, 1983, and continue
in effect from year to year thereafter unless notice to change or to
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 AGREEMENT shall give written notice to the other party, not more
than ninety (90) or less than sixty (60) calendar days prior to the
expiration date, provided, that the AGREII�fENT 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 recognit3on 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 AGREEMEIr'T:
28.31 The UNION and the employees will not engage in,
instigate, or condone any concerted action in which
employees fail to report for duty, willfully absent
themselves from work, stop work, slow down their work,
or absent themselves in whole or part from the full,
faithful performance of their duties of employment
_ �
- 33 -
ARTICLE XXVIII - DURATION AND PLIDGE (continued)
28.32 The EMPLOYER wi11 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
� ratification by the UNION.
AGREED to this 2nd day of July, 1982, and attested to as the
full and complete understanding of the parties far the period of time herein
specified by the signa.ture of the following representative for the II�IPLOYER
and the UNION.
WITNESSES:
INTERNATIONAL UNION OF ELEVATOR
CITY OF SAINT PAUL CONSTRUCTORS LOCAL N0. 9
, ��� ✓M .(i►,�
abor R ians ir or B ness Man
Civil Service Commission
- 34 -
� � 2��14U
APPENDIR A
The classes of positions recognized by the EMPLOYER as being exclusively
represented by the UNION are as follows:
�
Elevator Inspector
,
and other classes of positions that may be established by the EMPLOYER where
the duties and responsibilities assigned comes within the jurisdiction of
the UNION.
- A1 -
A � , � �'7914U
APPENDIX C
A. The basic hourly wage rate for regular employees appointed to the
following class of positions who are receiving the Fringe Benefits
listed in Article 12.2 shall be:
Effective
June 21,1982
Elevator Inspector . . . . . . . . . . . $18.84
B. The basic hourly wage for temporary and emergency employees appointed
to the following class of positions shall be:
Effective
June 21,1982
Elevator Inspector . . . . . . . . . . . . $22.43
C. The basic hourly wage rate for provisional, regular and probationaxy
employees appointed to the following classes of positions and not
receiving the Fringe Benefits listed in Article 12.2 shall be:
Effeetive
June 21,1982
Elevator Inspector . . . . . . . . . . . . $21.57
The EMPLOYER shall establish Workman's Compensation and Unemployment
Compensation programs as required by Minnesota Statutes.
- C1 -