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279028 WHITE - CITV CLERK CQUI1C11 . ��-9fl2_� PINK - FINANCE G I TY OF SA I NT PAU L CANARV - DEPARTMENT � BLUE - MAYOR File NO.� . __ Cou cil Resolution . Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of Sai.nt Paul hereby approves and ratifies the attached 1982-1983 Maintenance Labor Agreement between the City of Saint Paul and the Operative Plasterers and Cement Masons International Association, Local 20, representing the class of Plasterer and the class of Plasterer Inspector. Approved: � irma Civil Serv e Commission COUNCILMEN Yeas Nays Requested by Department of: F�etcher pERSO NEL O FICE t'°"1°4 [n Favor Masanz � Nicosia �ss�e�7 __ Against BY — a.�swe- Wilson JUL 2 7 1982 Form A proved b Ci ey Adopted by Council: Date c - Certified as e b�Council Se ta BY � � � 2 g 1982 APP v by Mayor for b ission to Council Appro y Mavor: Da � �,��..�'-�-�.�-__._. By � _ — B v Bus��o AU G 7 1g� r ' . � °2�9�►2� 1982 - 1983 MAINIENANCE LABOR AGREEMENT - between - THE CITY OF SAINT PAUL - and - OPERATIVE PLASTERERS AND CEMENT MASONS INTERNATIONAL ASSbCIATION � LOCAL 20 , . • . 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 the Agreement 5 VI Probatianary Periods 6 VII Philosophy of Employment and Campensation 7 • VIII Aours of Work g IX Overtime 9 X Call Back 10 XI Work Locatioa 1� XII Wages 12 XiII Fringe Benefits 14 RIV Selection of Foreman and General Foreman 15 XV Holidays 16 XVI Disciplinary Procedures 17 • XVII Absences From Work lg XVIII Seniority 19 XIR Jurisdiction 20 XX Separation 2� XXI Tools 22 RXII Grievance Procedure 23 �IXIII Right of SuUcontract 27 I�XIV Non-Discrimination 28 �V Severability 29 X%VI Waiver 30 RRVII Mileage 31 XXVIII Duration and Pledge 32 Appendix A A1 Appendix B gl Appendi�c C C1 Appendix D D1 Appendix E E1 - ii - . � � 2~'9�►28 P R E A M B L E This AGREEMENT is entered into between the City of Saint Paul, hereinafter referred to as the EMPLOYE� and the Operative Plasterers and Cement �!asons Internationa.l Associ�.tion Local 20 hereinafter referred to'as the L'NION. The F.hiPLOYER and the UNION concur that this AGREEMENT has as its objective the promotion of the responsibility 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 AGREE�IENT but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the E.*�LOYER, the UNION, and the individual employees will best serve the needs of the general public. - iii - ARTICLE I - PURPOSE 1.1 The EMPLOYER and the UNION agree that the purpose for entering into this AGREE�tENT 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 F.MPLOYER and the UNION; 1.13 Establish procedures to orderly and peacefully resolve disputes as to the application or inter- pretatioa of this AGREEMENT witihout loss of manpower productivity. 1.2 The II�IPLOYER and the UNION agxee 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 conf lict so that it conforms to the statute as provided by Article 25 (SEVERABILITY). - 1 - �., . ' � t.� � �� �` ARTICLE IV UNION RIGHTS 4.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies deducted shall be remitted as directed by the UNION. ; 4.11 The EMPLOYER shall not deduct dues from the wages of employees covered by this AGREEMENT for any other labor organization. 4.12 The UNION shall indemnify and save harmless the II�LOYER from any and all claims or charges made against the EMPLOYIIt as a result of the implementation of this ARTICLE. 4.2 The UNION may designa.te one (1) employee from the bargaining unit to act as a Steward and shall inform the FMPLOYER in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 22 (GRIEVANCE PROCIDURE) . 4.3 Upon notification to a designated F�IPLOYER 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 AGREIIrIENT 5.1 This AGREEMENT establishes the "terms and condi.tions of employment" defined by M.S. 179.63, Subdivision 18 for all employees exclusively represented by the UNIODI. This AGREEMENT shall supersede such "terms and conditions of employment" established by Civil Service Rule, ` Gouncil 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 sprve 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 time during the probationary period an employee r�ay be terminated at the discretion of the ENiPLOYER without appeal to the provisions of Article 22 (GRIEVAI3CE PROCIDL'RE) . 6.12 An employee terminated during the probationary period shall receive a written notice of the reasons(s) for such termina- tion, a copy of which shall be sent to the UNION. 6.2 All personnel promoted to a higher class of positions shall serve a six � (6) months' promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.21 At any time during the promotional probationary period an employee may be demoted to the employee's previously held class of positions at the discretion of the EMPLOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE) . �.22 An emploqee demoted during the promotional probationary period shall be returned to the employee's previously held class of positions and shall receive a written � aotice of the reasons for demotion, a copy of which shall be sent to the UNION. - 6 - ARTICLE VII - PHILOSOPHY OF EMPLOYMENT A1�'D COrfPENSATION 7,I 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 e�ployees for alI hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in . Article 12 (WAGES) and Article 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 - NOURS OF [1�OP.K 8.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, betcaeen 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 FMPLOYER'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 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 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 - OVERTIr1E 9.1 All overtime compensated for by the EMPLOYIIt must receive prior authorization from a designated EMPLOYER supervisor. No overti.me work claim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 9.2 The overtime rate of one and one-half (1'�) the basic hourly rate sha11 be pafd 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 basi.c 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 (1�) . 9.4 For the purposes of calculating overtime compensarion overtime hours worked shall not be "pyramided", compounded, or paid twice for the same hours worked. 9.5 Overtime hours worked as provided by this ARTICLE shall be paid in cash or in compensatory time at the option of the EN:PLOYER. - 9 - ARTICLE X - CALL BACK 10.1 The EMPLOYER retains the right to call back esployees before an employee has started a normal work day or norr.ial work week and after an employee has completed a normal work day or normal work week. 10.2 Employees called back shall receive a minimum of four (4) hours pay at the basic hourly rate. 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9 (OVERTIME) , when applicable, and sub�ect to the minimLUn established by 10.2 above. 10.4 Employees called back four (4) rours 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 work day employees may be assigned to other work locations at the discretion of the II�IPLOYER. Z1.2 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. - 11 - . � '�� 'l� 4'1 � �'��/. i - ARTICLE XII - WAGES 1Z.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Employees who are covered by the fringe benefits listed below shall continue to be covered by such benefits. They shall be subject to all other provisions of .the AGREEMENT, but shall not have hourly fringe;. _ . _,.,; . benefit contributions and/or deductions made on their behalf as - provided for by Article 13 (FRINGE BENEFITS) . 12.21 Insurance benefits as established by City of Saint Paul Resolutions including life, hospital and health insurance for early retirees who have retired since June 1, 1978. In order to be eligible for the health benefits under the early retiree provision, the employee must: 12.21.1 Be receiving benefits from a public employee retirement act at the time of retirement. 12.21.2 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 12.21.3 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 12.22 Sick Leave as established by the Civil Service Rules, 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 I, Subdivision I. 12.25 Severance benefits as established by Ordinance No. 11490 with a maximum payment of $4,000. - 12 - ARTICLE XII - WAGES (continued) 12.3 Regular employees not covered by the fringe benefits listed in Article 12.2 shall be considered, for the purpose of this AGREEMEPIT, partici- pating 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 BE:v'EFITS) . 12.4 Provisional, temporary, and emergency employees shall be considered, for the purposes of this AGREEMENT, garticipating employees and shall be compensated in accordance with Article 12.I (WAGES) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.5 All regular employees employed after February 15, 1974, shall be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . - 13 - ARTICLE XIII - FRINGE BENEFITS 13.1 The F�iPLOYER shall m�ke contributions on behalf of and/or make deductions from the wages of emgloyees covered by this AGREEMENT in accordance ivith Appendix D for all hours worked. - 14 - ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN 14.1 The section 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 Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Columbus Day, second Monday in Qctober Veterans' .Day, November 11 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 15.2 �rThen 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. 15.3 The nine (9) holidays shall be considered non-�aork days. 15.4 If, in the judgsuent 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) . 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 PROCIDURES ' 16.1 The E1K�LOYER shall have the r�ght to impose disciplinary actions on employees for just cause. 16.2 Disciplinary actions by the F�IPLOYER 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 discharges shall have the right to request that such actions be reviewed by the Civil Service Cammission or a designated Board of Review. The Civil Servi.ce 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 susgension, demotion, or discharge shall be considered a "grievance" for the purpose of processing throught the provisions of Article 22 (GRIEVANCE PROCIDURES) . - 17 - � �'�9��� 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 (DISCIPLINAP.Y PROCIDURES) . - 17.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a "quit" by the II�IPLOYER . o� the part of the employee. - 18 � ARTICLE XVIII - SENIORITY " 18.1 Seniority, for the purposes of this AGREEMENT, shall be defined as follows: 18.I1 "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. 18.12 "Class Seniority" - the length of continuous regular and probationary service with the II�IPLOYER 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 less than thirty (30) calendar days; is granted because of illness or in�ury; is granted to allow an employee to accept an appointment to the unclassified service of the ENIl'LOYER or to an elected or agpointed full-time position with the UNION. 18.3 Seniority shall terminate when a employee retires, resigns, or is discharged. 18.4 In the event it is determined by the II�IPLOYER that it is necessary to reduce the work force employees will be laid off of class title within each departmexa.t based on inverse length of "Class Seniority". Employees Iaid off 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", sub�ect to the approval of the EI�LOYER. - 19 - ARTICLE XIX - JURISDICTION 19.1 Disputes concerning work �urisdiction between and among unions is recognized as an appropriate subject for determinati�n 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 II�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 FMPLOYER'S basic right to assign work. 19.4 Any employee refusing to perform work assigned by the E�IPLOYER 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 work stoppage, slow down, or any disrupt3on of work resulting from a work assignment. - 20 - ARTICLE XX - SEPAR.ATION 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following 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.�2 Discharge: As proviaed rir Artfcle 16. - 20.13 Failur� to Re ort for Duty: As p provided in Article 17. 20.2 Employees having an emergency, temporary, or provisional employsent status may be terminated at the discretion of the F�NIPLOYER before the completion of a normal work day. - 21 - • � � � � • �� t-��SJ.-^�,r, �lil � ARTICLE XXI - TOOLS 21.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. i ,I ( I . I � � - 22 - ARTICLE XRII - GRIEVANCE PROCIDURE � 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 na.med. 22.2 It is recognized and accepted by the F�IPLOYER and the UNION that the processing of_ grfevan�es 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 notYfied 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 T'he 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 violgtian of the terms and conditions of this AGREEMENT. 22.4 Grievances shall be resolved in conformance with the following procedure: Step 1. upon the oe�urrence of an alleged violation of this AGREEMENT, the employee involved sha11 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 - 23 - ARTICLE �II - GRIEVANCE PROCEDURE (continued) 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 A�GREEMENT 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 superyisor shall meet with the UNION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the E,MPLOYER 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 IIKPLOYER'S written answer. Any grievance not refe�red in writing by the UNION within seven (7) calendar days following receipt of the F1`�IPLOYER'S answer shall be considered waived. - 24 - ARTICLE XXII - GRIEVANCE PROCEDURE (continued) Step 3. Within seven (7) calendar days following receipt of a grievance referred fram. 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 IIKPLOYER _ sha�:l regYy:_fn writing to the UNION statircg,the II��LOYER'S � answer concerning tfi� grievance.- If, as a result of tfie 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 II�IPLOYER'S answer shall be considered waived. Step 4. If the grievance remains unresolved, the UNION may within seven (7) calendar days after the response of the FJMPLOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings sha11 be conducted by an arbitrator to be selected by mutual agreement of the Ei�'LOYIIt 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 bnployment 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 strike the first (lst) name; the EMPLOYIIt shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. - 25 - ARTICLE XXII - GRIEVANCE PROCEDURE (continued) 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREII�iENT. The arbitrator shall consider and decide only the specific issue sub�itted in writing by the F�IPLOYER 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 �aake decisions contrary to or inconsistent with or - modifying or varying in any the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the IINION and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each partq shall be responsible for compensating its own representative and witnesses. If either party cancels an arbitration hearing ar asks for a last-minute postponement that leads to the arbitrators making a change, the canceling party or the party asking for the postponement shall pay th�s charge. 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. 22.3 The time 13mits in each step of this procedure may be extended by a�utual agreement of the IIKPLOYER and the UNION. - 26 - ARTICLE XXIII - RIGHT OF SUBCONTRACT 23.1 The EMPLOYER may, at any time during the duration of this AGREEMENT, contract out work done by the employees covered by this AGREEMENT. In the event that such contracting would result in a reduction of the work force covered by this AGREEMENT, the FMPLOYER shall give the UNION a ninety (90) calendar day notice of the intention to subcontract. ... .__ _ . _ • 23.2 Tfie subeott�ract�ng of work done by-t�e employees covered by, th�s _ AGREEMENT shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. - 27 - . ARTICLE �IV - rION-DISCRIMINATION 24.1 The terms and conditions of this AGREEMENT will be applied to employees equally without regard to, or discriznination for or against, any ir�dividual because of race, color, creed, sex, age, or because of membership or non-membership in the UNION. ` 24.2 Employees will perform their duties and responsibilities in a .. - . .�. . � . - -non-discriminatroq manner as such duties and responsibilit3.es involve = - other employees and the general public. - Z8 - ARTICLE XXV - SEVER.A$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 �udicial authority from whose finding, determination, or decree no appeal is r taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 25.2 The partiea_agzee tat;,:upon �tten notice� enter into negot3atioas t�a place the voided provisions of the AGREEMENT in compliance with the legislative, administrative, or judicial determination. - 29 - � { ARTICLE XXVI - Tr]AIVER 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 sub�ect concerning the terms and conditions of employment. The agreements and under.- standings reached by the parties after the exercise of this right are ; . :T ' 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 tio meet and negotiate - over any term or conditions of employment whether specifically covered or not specifically covered by this AGREEMENT. The tINION and IIKPLOYER may, however, mutually agree to modify any provision of this AGREEMENT. • 26.3 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 hereby superseded. - 30 - ARTICLE XXVII - CITY MILEAGE 27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint PauT Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the perf.ormance 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 �t�-<�at�. of $3�00 per day for each day tl�e employee's vehicle is actuatly used` in performing the duties of the employee's position: Ia addition, the emgloyee shall be reimbursed 15� per: mile for each mile actually driven. If such employee is required to drive an automabile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own sutomobile, then the employee shall be reim- bursed at the rate of 15� per mile driven and shall not be eligible for any per diem. T�pe 2. If an employee is required to use his/her own sutomobile � REGUI�ARLY during employment, the employee sha11 be reimbursed at the rate of $3.00 per day for each day of work. In addition, the emplogee shall be reimbursed 15� per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reim- bursed at the xate of 15� per mile driven and shall not be eligible for aay per. diem. 27.3 Tha Cit� wi11 provide parking at the Civic Center Parking Rasp 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 awn 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 sball contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating tfie n�ber 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 $3Q0,000 single iimit coverage, with the City of Saint Paul named as an additional iasured. These rules and regulations, together with the amendment. thereto, � ah�ll be maintained on file with the city clerk. � - 31 - i �. P L � ' ������ � ARTICLE XXVITI - 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 riay, 1984, 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 AGREE�IENT shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided, that the AGREEMENT may only be so terminated or modified effective as of the expiration date. 28.3 In consideration of the terms and conditions of employment established by this AGREEMENT and the recognition that the GRIEVANCE PROCEDURE herein esCablished 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 UNION and the employees �aill 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. 28.32 The EMPLOYER will not engage in, instigate, or condone any lock-out of employees. - 32 - ARTICLE XXVIII - DURATION AND PLEDGE (continued) 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 sub3ect to ratification by the UNION. AGREED to this lst day of June , 1982, 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 EMP'LOYER and the UNION. WITNESSES ' OPERATIVE PLASTERERS AND CEMENT MASONS CITY OF SAINT PAUL INTERNATIONAL ASSOCIATION LOCAL 20 . , � �/ � � La or elat ons rec Business Represen Yve �� Civil Service Commission - 33 - , ��9028 APPENDIX A The classes of positions recognized by the F�MIPLOYER as being exclusively represented by the UNION are as follows: Plasterer Plasterer Inspector _ _ �nd other classes of_positions- that may be established by the-II�SPLOYER where ; _ . . _ _. � . the duties and responsibi�ities assigned comes with the jurisdi.ction of the UNION. - A1 - . APPENDIX 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 Effective May 1, 1982 May 1, 1983 Plasterer . . . . . . . . . . . . . . $I4.86* $16.63* Plasterer Inspector . . . . . . . . . $15.34* $17.12* � The basic hourly wage rate for temporary and emergency employees appointed to the following classes of positions shall be: Effective Effective May 1, 1982 May 1, 1983 Plasterer . . . . . . . . . . . . . . $15.45* $17.30* Plasterer Inspector . . . . . . . . . $15.95* $17.80* The basic hourly wage rate for regular employees appointed to the following classes of positions who are receivi.ng the Fringe Benefits listed in Article 12.2 shall be: Effective Effective May 1, 1982 May 1, 1983 Plasterer . . . . . . . . . . . . . $13.51 ** Plasterer Inspecto.r . . . . . . . . . $15.46 �* � *These rates include the taxable vacation contribution of $1.25 per hour. **The May 1, 1983 hourly wage rates in this contract will be the rates as shown below less the cost of sick leave usage for 1982 and less the cost of health and life insurance for the period May, 1982 thru April, 1983 and vacation for 1983 _ . ' - incurred by the employer for employees in this bargaining unit. Plasterer $19.62 Plasterer Inspector Average of the 1983 total package rates used by the City for Carpenter Foreman, Electrician Foreman, Sheet Metal Worker Foreman, Plumber Foreman and Plasterer Foreman. - C1 - + APPENDIX .D ���"��g Effective May 1, 1982, the EMPLOYER shall: (I) contribute $1.25 per hour from which payroll deductions have been made for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT for a UNION designated Vacation Fund. (2) contribute $1.05 per hour for all hours worked by participating employees as defined in �Articles I2.3, 12.4 and 12.5 of this ��� �� ` �� -� - AGREEMENT to a Welfare Fund. _ : _ , (3) contribute $1.25 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 Pension Fund. (4) 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 Journeyman and Apprenticeship Trainin� Fund. All contributions and deductions made in accordance with this Appendix shall be forwarded to depositories as directed by the UNION. The EMPLOYER shall establish Workman's Compensation and Unemployment Compensation pxograms as required by Minnesota Statutes. The II�IPLOYER'S fringe benefit obligation to participating employees as defined in Articles 12.3, 12.4 and 12.5 is limited to the contributians and/or deductions established by this AGREEMENT. The actual 1evel of benefits provided the IIKPLOYEES shall be the responsibility of the Trustees of the various funds to which the F2�IPLOYER has forwar�ed contributions and/or deductions. � - Dl - APPENDIX D (Continued) The above contributions may be changed as agreed to by both parties, however the total package (base rate plus fringe benefit contributions) cannot exceed the total package rate listed in Appendix "C". - D2 - _ + � �"�9�2� APPENDIX E WORKING CONDITIONS FOR PLASTERER INSPECTOR As a result of the 1974 settlement, the Parties have established craft-determined rates for Plasterer Inspectors, with the specific under- standing that such agreement is restricted to establishing rates of pay for such classifications. � It is, consequently, agreed that the Rnployer in applying Article III - EMPLOYER RIGHTS of the MAINTENANCE LABOR AGREEMENT, 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 assignaents or over rates of pay for work performed, nor will any jurisdictional claims or restrictions be asserted by the UNION because members of various Inspector classifications are assigned to work which is also performed by other Inspector classifications. - El - WHITE - CiTV CLERK ' COUDCII ��9��g PINK - FINANCE CANARV - DEPARTMENT G I TY OF SA I NT PAiTL File NO. ` BLUE - MAVOR CIT` CLERK Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RE50LVED, that the Council of the City of Saint Paul hereby approves and ratifies the a.ttached 1982-1983 Maintenance Labor Agreement between the City of Saint Paul and the Operative Plasterers and Cement Masons International Association, Local 20, representing the class of Plasterer and the class of Plasterer Inspector. Appr ove d: Chairman Civil Service Commission COUNCILI4EN Yeas :�al�s Requested by Department of: F�etcher pERSONNEL OFFICE �evine [n Favor Masanz Nicosia scne�be� __ Against BY Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date Certified Yassed by Council Secretary BY B� t�pproved by iVlavor. Date — Approved by Mayor for Submission to Council !;�. �i. . ��,.� •.•.. oF�zc� o� �c�rr•, cx�c� covvczx. . � Cl����. �,. _ . 2'�9�►28 ,� L;;::::.;� �-� . _ _ . - 'fr• �f Date : July 16, 1982 . .�..� . •�. .., �:- . . . - �_ � COi� i� ITT� E REPOR7' ` � . : TO : Sain� PQUt Cifi� Cour�cit .- . _ � F R� I�A = C om rr1 i fi�e e O[Z FZNANCE, MANAGE�LENT & PERSONNEL - . � J`ames' ScheYbel : choiFmc�n, _ _ � - . . The Finance Committee; �at the "meeting of �/15 g2 . , recommended approval of the following: . 1. Approva� of minutes froiu meeting held 3uly 8, 1982 2. Resolution amending the 1982 Parkino & Transit Speczal Fund Bud et. ���-. ������ -- � .X1�- -'- 3. Resoluti.on revising the specification for Tractor Operator I in the Civil Service Rules. g���� - 4. Resolution amending the Civil Service Rules wi.th regard to Iayoff � z� ' S. _Resolution replacing the class specificati,ons for School Food Service - Supervisor I and School Food Service Supervisor II c:ith ne�v specifications�A��`� �. 6. Resolution approving the 1982-83 `faintenance Labor Agreement betcaeen the City of St_ Yaul and the Operative Plasterers and Cement Dlasans InternaCiottal Association, Local 20. 7. Resolution amending the 1979 and 1980 Capital Ir�prove�ent Budgets to provide County aid funding for certain street resurfacing projects. R 8. Resolution approving the securities pledged by [�'estern State Bank, to pxotect funds of the City of St. Paul while held in said Bank. � 9 Continued discussion of Citizen Participation BudgeCs_ 10. Resolution amending the 1982 Capital Budget for appropriation of funds for costs of relocation, land acquisition, design and construction of Broadway Market. t �9. The committee budget proposed by Councilman Fletcher on a vote of�r- it is hereby referred to the City Council for additional discussion, . deliberation, and action. Cl'i'. :i : t. • St;t�L'N'i'cl l�l.Ui�:. ::11iiT C:II:L, :ll�ti:•:_:�_�i�t i�itT` ��_:�.-�, ..,- ,; . : �.. ,r ��� � . ROU�i'I NG Aryn EXPLANAT IQN SH�Ef �'j�Q� • (CREEN SHEET) � a ✓ ..� �� _ : < JUNE Z5, 1982. . For administrative Orders, Resolutions, Ordiaances and �igreements� ROUTING Q�R�ER- RQUT�_BY ASSIGNED NUMBER: �J�L � " ��p� D ECTOR OF MANAf EM�r�s MAYOR��FFI�GE 1 MaYOR - EPARTMENT DIRECTOR DIREC70R, fINAMCE S IKGT. SERVICES CITY ATTORNEY 2 CITY CI.ERK BUDGET DIRECTOR ACTIQN R QL� ST � � P A Q�ATiONS FOR hteY�RA1,�,ctC,NpTI)RE); We recommend your a.pproval and submission to this Resol�.tian to <th.e City Gowa.cilr �AT WLLL BE ACHTEVED BY TAK2NG ACTION ON THE ATTA -H D MAT RIA � �PLIRPOSE {tN21 RA7IANA�E.)�; : SEE ATTA�E�. _ � ' ' F t NAN - A! . R ID, TARY ND P R SI�NN I�!PACTS ANT I G I RATED t '�£h� Gity �►as ane Plasterer Iaepector co.vered by this Agreemeat. ' ` The casts a►re ae shawn below: Wages Frin�es Tota1 May thru Dec., 1982 955 �605 � 25b4 ' Jaa. �hru April, 1983� 477 802 1279 ; M,aY tliru Dec., 1983 2560 ` Jan. `thru April„ 1984 1280 ` . ATTACHMENT$ �LIST ALL ATTACHMENTS): - _ 1, Resolution ° • 2. CcrPY for City Clerk. � , 3, Maintenarxce Labor Agreernent. . . ; ¢cwe te�cu� ►cueaa.�.ty on ewt c� `ie �o aw,►�g aup�o•t .ur� cume�:W Uef�al�Ane►st ; C-i.tu Atitotrteyz 1. Cvu►ic,i.Z Ke3c.Zwti.c►i Reqw,i.tr.d? ES uC 1. Rc�c.�utii.cn? � N(1 2. Iiesw:a►tc¢ Re�ui..ed1 �YES t/,y4 2. I�wutz::ce Su3j-t.c�.¢►t�t.°` Y NiT :� -�i�: ' 3. Itiww+l,uic2 Att�uttxd•" YES t�vsaia�n C4I:�'8t82 . . .. . 2�9��� ,- This resolution approves the 1982-1983 Collective Bargaining Agreement between the City and the Plasterer's Union Local No.20. The changes in this contract include the following: 1. Language allowing overtime to be paid in either cash or compensatory time, at the option of the employer. 2. The deletion of language dealing with filling temporary foreman positions. 3. The deletion of the language related to mandatory retirement at age 65. 4. Language in the Seniority Article which allows an employee to have reinstatement rights to only titles previously held, not to any title in the unit. 5. Wages. The total package increase for 1482 is $1.85 per hour with .69 going on the hase rate and the remaining $1.16 going toward fri:nges. The 1483 total package increase is $1.85 per hour. The distribution of this $1.85 will be determined later when the cost of the 19$3 fringes are known. Tiiis �tge se:ttlemeat is bas�,d on the out�ide uaion agreement.