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278032 WHITE - CITY CLERK ((('''����+y�y //f'''���A PINK - FINANCE vj /Q(�-l� CANARY -� DEPARTMENT G I T Y O F S A I N T ��U L COUflC1I �0 V Vv BLUE - MAYOR File N . Co n il Resolution Presented By ` Referred To Committee: Date Out of Committee By Date An administrative Resolution approving the terms and conditions of the 1981-1983 Maintenance Labor Agreements between the City of St. Paul, Independent School District No. 625, and the Twin Citie s Glazier s and Glas s W orker s Local 1324. WHEREAS, the Council, pursuant to the provisions of Section 12. 09 of the St. Paul City Charter and the Public Employees Labor Relations Act of 1971, as amended, recognizes the Twin Cities Glaziers and Glass Workers Local 1324, as exclusive representative for those classes of positions within the City of St. Paul certified by the Bureau of Mediation Services under Case No. 73-PR-510-A for the purpose of ineeting and negotiating the terms and conditions of employment for all full-time personnel in the classes of positions as set forth in the Agreements between the City, Independent School District No. 625, and the exclusive representatives hereinabove referenced; and WHEREAS, the City, through designated representatives, and the exclusive representatives have met in good faith and negotiated the terms and conditions of employment for the period June 1, 1 g81, through May 31, 1984, for such personnel as are set forth in the Agreement between the City of St. Paul, Independent School District No. 625, and the exclusive representatives; and WHEREAS, a 1978 Agreement has been reached which includes a wage adjust- ment retroactive to June 16, 1981 ; now, therefore, be it -1- COUNCILMEN Requestgd by Department of: Yeas Nays pERSONNEL OFFICE Hunt Levine In Favo[ Maddox McMahon B showa�ter - __ Against Y — Tedesco Wilson Form pprov d by y ttorney Adopted by Council: Date ` Certified Yassed by Council Secretary By v � Bl' -- Approved by ;Navor: Date _ Appr by Mayor for u is ' n to ouncil By _ _ WHITE - CITY CLERK �8�32. PINK - FINANCE n COUflC1I BLU�RY -^ MAYOR MENT G I T Y O F S A I N T 1 �U L File N O. Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Maintenance Labor Agreements, cited above, dated as of the effective date of this Resolution, between the City of St. Paul, Independent School District No. 625, and the Twin Cities Glaziers and Glass Workers Local 1324, on file in the office of the City Clerk, are hereby approved, and the authorized administrative officials of the City are hereby authorized and directed to execute said Agreement on behalf of the City. Approved: airma Civil Service Commission -2- COUNCILMEN Requested by Department of: Yeas Hunt Nays pER,SONNEL OFFICE Levine �_ [n Favor Maddox McMahon Showalter -�-- Against BY — — Tedesco Wilson JAN � 9 !��2 Form Approved by City Attorney Adopted by Council: Date — Certified Pa s Counc.il cr ry BY By Approved by vor: Date Jn� � � 982 Approved by Mayor for Submission to Council By _ � ' By / , ���_s.���� JA�� 3 1982 _ •r` �1���� 1981 - 1983 ; MAINTENANCE LABOR AGREEMENT - between - �. THE CITY OF SAINT PAUL - and - TWIN CITY GLAZIERS AND GLASS WORKERS LOCAL N0. 1324 `! � INDEX � 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 Probationary Periods 6 VII Philosophy of Employme�.t and Compensation 7 VIII Hours of Work 8 IX Overtine 9 X Call Back 10 XI Work Location I1 XII Wages ].2 XIII Fringe Benefits 14 XIV Selection of Foreman and General Foreman 15 XV Holidays 16 XVI Disciplinary Procedures 17 XVII Absences From Worlc 1.8 XVIII Seniority 19 XIX Jurisdiction 20 XX Separation 21 XXI Tools 22 XXII Grievance Procedure 23 XXIII Right of Subcontract 27 XXIV Non-discrimination 28 XXV Severability 29 XXVI Waiver 30 XXVII City Mileage Plan 31 XXVIII Duration and Pledge 32 Append� A A1 Appendix B B1 Appendix C C1 Appendix D D1 - ii - ^ � ,�,f.3'4� G � . PREArfBLE This AGREEhiENT is entered into between the City of Saint Paul, hereinaf ter ref erred to as the EMPLOYER and the T�ain City Glaziers and Glass Florkers Local 1324, hereinafter referred to as the UNION. , The II�iPLOYER and the UNION concur that this AGREII�IENT has as its ob3ective the promotion of the responsibilities of the City of Saint Paul for the benef it of the general public through effective labor management cooperation. The II�IPLOYER and the UNION both realize that this goal depends not only on the words in the AGREII�iENT by rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the II�IPLOYER, the UNION, and the individual employees will best serve the needs of the general public. - iii - ARTICLE I - PURPOSE • l.l 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 conce.rned; 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 or inter- pretation of this AGREEMENT without loss of manpower productivity. 1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a supplement to legislation that creates and directs the F,MPLOYER. 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 (SEVERABYLITY) . - 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 posit3ons defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-510-A dated May 11, 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 EMPLOYER retains the right to operate and manage all manpower, facilities, and equipment; to establish function.s 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 perforcn any inherent manageria.l function not specifically limited l�y this AGREEMENT. 3.2 Any "term or condition of employment" not established by this AGREE�IENT shall remain with the EMPLOYER to eliminate, modify, or establish following written notification to the UNION. - 3 - � a i' �D �> �'' 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 AGREIIVfENT 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 �IPLOYER 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 designa.tion. Such employee shall have the rights and responsibilities as designated in Article 22 (GRIEVANCE PROCEDURE) . 4.3 Upon notif ication to a designa.ted 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 AGREEhIENT are working. - 4 - ARTICLE V - SCOPE OF THE AGREEMENT � 5.1 This AGREII�fENT established the "terms and conditions of employment" defined by M.S. 179.63, Subd. 18 for all employees exclusively represented by the UNION. This AGREII�IENT shall supersede such "tercns and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. — S — ARTICLE VI - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employment' status shall serve a s� (6) month's probationary period during which time the employeets fitness and ability to perform the class of positions' duties and responsi�ilities shall be evaluafed. 6.11 At any time during the probationa.ry period an employee may be terminated at the discretion of the II�IPLOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE) . 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a 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 EL�LOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE) . 6.22 An employee demoted during the promotional 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 - ARTICLE 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 "cash" hourly wage and "industry" fringe benef it system. 7.2 The ENIPLOYER shall compensate employees for all hours worked at the� basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (WAGES) and 13 (FRINGE BENEFITS) . 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this AGREEMENT; except those employees who have individually optioned to be "grandfathered" as provided by 12.2. - 7 - . � � '. �'Ua� a- 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 �,•eek shall be five (5) consecutive normal work days Monday through Friday. � 8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER'S judgment to establish second and third shifts or a work week of other than Monday through Friday, the UNION agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This section shall not be construed as, and is not a guarantee of, any hours of work per norr.ial work day or per normal work week. 8.5 All employees shall be at the location designated by their supervisor, rea.dy 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 IIKPLOYER as provided by Article 10 (CALL BACK). 8.7 Employees reporting for work at the established starting tine 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 - OVERTIME • • 9.1 Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by order of the head of the department. An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the EMPLOYER. 9.2 The rate of one and one-half (1 1/2) the basic hourly rate shall be the overtime rate 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 rate of two (2) times the basic hourly rate shall be the overtime rate 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 1/2) . 9.4 For the purpose of calculating overtime compensation overtime hours worked shall not be 'rpyramided", compounded, or paid twice for the same hours worked. - 9 - ARTICLE X - CALL BACK 10.1 The E1�IPLOYER 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 normal work �eek. 10.2 E�ployees 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 acco.rdance with Article 9 (OVERTIME) , when applicable, and subject to the minimum established by 10.2 above. 10.4 �tnployees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be co�pensated 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 designa.ted EMPLOYER supervisore During the normal work day employees may be assigned to other work locations at the discretion of the Eh1PL0YER. 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. - .11 - ,-, . �� , � f- 3.,� �K/. � 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 sub3ect to all other provisions of the AGREEMINT, but shall not have hourly fringe benefit contributions and/or dec�uctions 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 Civil Service Rules, Section 20. 12.23 Vacation as established by the Saint Paul Salary Flan 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, Subdividion I. 12.25 Severence benefits as established by Ordinance No. 11490 with a maximum payment of $4,000. 12.3 Regular employees not covered by the fringe benef its listed in Article 12.2 shall be considered, for the purposes of this AGREEhiENT, 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 ArticZe 13 (FRINGE BENEFITS) . - 12 - ARTICLE XII - FIAGES (continued) _ 12.4 Provisional, temporary, and emergency employees shall be considered, � for the purposes of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (4IAGES) 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 benef it contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . - 13 - � ARTICLE XIII - FRINGE BENEFITS 13.1 The EMPLOYER shall make contributions on behalf of and/or make deductians from the wages of employees covered by this AGREEMENT in accordance with Appendix D for all hours worked. - 14 - ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FORIIKAN 14.1 The selection of personnel for the class of position of Foreman shall remain solely with the EMPLOYER. 14.2 The class of position of Foreman shall be filled by employees of the bargaining unit on a "temporary assignment". 14.3 All "temporary assignments" shall be made only at the direction of a designa.ted EMPLOYER supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day. - 15 - ARTICLE XV - HOLIDAYS 15.1 The following nine (9) days shall be designa.ted as holidays: New Year's Day, January 1 Presidents' Day, Third Monday in February rlemorial 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 Christ�as Day, December 25 15.2 When New Year's Day, Independence Day or Christtaas 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. I5.4 If, in the �udgment of the EMPLOYER, personnel 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 compensated at the rate of two (2) times the basic hourly rate for all hours worked. - 16 - _ ARTICLE XVI - DISCIPLINARY PROCEDURES 16.1 The EP�2PLOYER 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 reprima.nd. 16.23 Suspension. 16.24 Demotion. Z6.25 Discharge. 16.3 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Board of Review. The Civil Service Commission, or a 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 PROCEDURE) . - 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 notif ication may be ground for discipline as provided in Article 16 (DISCIPLINARY PROCEDURES) . � 17.3 Failure to report for work without notif ication for three (3) consecutive normal work days may be considered a "quit" by the EMPLOYER on the part of the employee. - 18 - ARTICLE X��III - 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 Eh1PL0YER from the last date of employment in any and all class titles covered by this AGREQIENT. 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 lea.ve of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of iZlness or injury; is granted to allow an employee to accept an appointment to the unclassif ied 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 IIKPLOYER 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 Seniarity". Emgloyees laid off shall have the right to reinstatement in any lower-paid class title, provided, employee has greater "Master Seniority" than the employee being replaced. 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 F�iPLOYER. - 19 - � � � ~t"�I .f �' �� ar — ' ARTICLE XI�: - JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject to determination by the various unions representing employees of the FMPLOYER. r 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 EM.PLOYER shall meet as soon as mutua.Ily 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 II�IPLOYER'S 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 subject 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 assig�ent. - 20 - ARTICLE XX - SEPARATION 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 k�ritten 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 eriployment status may be termfnated at the discretion of the EMPLOYER before the completion of a normal work day. - 21 - ' ARTICLE XXI - TOOLS 21 .1 All employees shall personally provicie themselves with the tools of the trade as listed in Appendix B. - 22 - AF.TICL� 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 IIyIPLOYER in writing of the names of the Ste�aards and of their successors when so named. . � 22.2 It is recognized and accepted by the FNiPLOYER and the UNION that the processing of grievances as hereinafter pravided is Iimited by the job duties and responsibilities of the emplopees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving e�ployee shall suffer no loss in pay when a grievance is processed during worlcing 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 IIKPLOYER. 22.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure, except for the appea.l 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 AGREF�IINT. 22.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this AGREEMENT, the employee involved shall attempt to resolve the matter on an inforr.ial basis with the employee's supervisor. If the - 23 - ..{ � s . J ' ,j �.1 Y _.. �._ ARTICLE XXII - GRIEVANCE PROCEDURE (continued) matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) calendar days of the f irst 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 II�iPLOYER 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 II�IPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following rece3pt of the EMPLOYER'S answer shall be considered waived. Step 3. Within seven (7) calendar days following receipt of a grievance ref erred 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 - 24 - ARTICLE XXII - GRIEVANCE PROCEDURE (continued) seven (7) calendar days following this �eeting the EMPLOYER shall reply in writing to the UNION stating the EMPLOYER'S answer concerning the grievance. If, as a result of the ? written response the grievance remains unresolved, the UNION may ref er 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 reznains unresolved, the UNION may within seven (7) calendar days after the xesponse of the II�IPLOYER in Step 3, by written notice to the II�2PLOYER, 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 dags af ter 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 Relation Board to submit a panel of five (5) arbitrators. Both the II�LOXER and the UNION shall have the right to strike two (2) n.ames from the panel. The UNION shall striY.e 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. - 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 AGREEPSENT. The arbitrator shall consider and decide only the specif ic 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 thirty (30) days following close of the hearing or the submission of briefs by the parties, iahichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the exgress terms of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the IlrIPLOYER, the UNION and the employees. 22.6 The f ees and expenses for the arbitrator's services and proceedings shall be borne equally by the E�LOYER and the UNION, provided that each party shall be responsible for compensating its own representative and witnesses. If either party cancels an arbitration hearing or asks for a last minute postponement that leads to the arbitrators making a charge, the canceling party or the party asking for the postponement shall pay this 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. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. - 26 - ARTICLE XXIII - RIGHT OF SUBCONTRACT 23.1 The EMPLOYER may, at any time during the duration of this AGREII�IENT, 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 AGREII�IENT, 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 er,tployees covered by this AGREEMENT shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. - 27 - .. � -� � �� �- � 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 membership or non-membership in the UNION. • 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. - 28 - ARTICLE XXV - SEVERABILITY 25.1 In the event that any provision(s) of this AGREII`iENT 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 AGREII�IENT in cornpli.ance with the legislative, administrative, or judicial deteriaination. - 29 - ARTICLE XXVI - ti'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 k�ith 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 conditions of employment tahether specifically covered or not specif ically covered by this AGREEMENT. The UNION and II�iPLOYER may, however, mutually agree to .modify any provision of this AGREII�IENT. 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 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 off icers 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 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 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 15G 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 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 and shall not be eligible for any per diem. 27.3 The City will provide parking at the Civic Genter 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 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 f ile daily reports indicating miles driven and shall f ile 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 persona.l 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 city clerk. - 31 - . � -I ! `' �' �� ` � ARTICLE XXVIII - DURATION AND PLEDGE 28.1 This AGREEMIIvT shall become effective as of the date of signing, except as specifically provided otherwise in Artic].es 12 and 13, and shall remain in effect through the 31st day of May, 1984, and continue in eff ect from year to year thereaf ter 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 AGREII�iENT, 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 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 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 UNION and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, wilfully 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 EMPZOYER will not engage in, instigate, or condone any lock-out of eznployees. - 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 and is also subject to ratification by the UIvION. � AGREED to this 18th day of November , 1981, and attested to as the full and complete understanding of the parties for the period of time herein specif ied by the signa.ture of the following representative for the II�SPLOYER and the UNION. WITNESSES: CITY OF ST. PAUL TWIN CITY GLAZIERS AND GL?,SS WORKERS LOCAL 1324 ,.. �`�� r �� 4 � ,�.a� �...-- ��__� �V '��'�-<���- �'' ar Relations Direct Bus �ness .Manager V i Civil Service Coramission - 33 - ' APPENDIX A The classes of positions recognized by the EMPLOYER as being exclusively represented by the UNION are as follows: Glazier Apprentice 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 - - ';► ,, '� "' '� G:. .1 .��-- • 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 Effective Effective 6-16-81 10-05-81 6-01-82 6-01-83 Glazier . . . . . . $14.23** $13.80** $15.58** $17.36** The basic hourly wage rate for temporary and emergency employees appointed to the following ciasses of positions shall be: Effective Effective Effective Effective 6-16-51 10-05-81 6-01-82 6-01-83 Glazier . . . . . . $14.30* $13.85* $15.70* $17.55* Apprentice 0 - 6 months . . . . . . . . . . . . 60% of Glazier rate 7 - 12 months. . . . . . . . . . . . 65� of Glazier rate 13 - 18 months. . . . . . . . . . . . 70% of Glazier rate 19 - 24 months. . . . . . . . . . . . 75% of Glazier rate 25 - 30 months. . . . . . . . . . . . 80% of Glazier rate 31 - 36 months. . . . . . . . . . . . 90% of Glazier rate The basic hourly wage rate for regular eznployees appointed to the following classes of positions, who are receiving the Fringe Benefits listed in Article 12.2 s�all be: Effective Effective Effective 6-16-81 6-01-82 6-OI-83 Glazier. . . . . . . . . . . $12.57 *** *** - C1 - APPENDIX C (continued) A premium pay of sixty cents (60�) per hour shall be paid for all swing stage work, such as any work performed from a boatswain's chair or a swing scaffold, twenty (20) f eet or more above the ground. Al1 standard safety laws shall be complied with. *This rate includes the taxable vacation deduction. � **This rate includes the taxable vacation deduction and the payment in lieu of a union pension contribution. ***The June 1, 1982 and June 1, 1983 hourly wage rates will be as shown below less the cost of sick leave usage for 1981 and 1982 respectively and less the cost of pension and vacation for 1982 and 1983 respectively and less the cost of health and life insurance for the periods June 1, 1981 thru May, 1982 and June 1, 19$2 thru May, 1983 respectively. June 1, 1982: $17.11 June 1, 1983: $18.96 If the Union elects to have the contributions and/or deductions listed in Appendix D increa.sed or decreased, the Employer may adjust the above applicable rates for participating employees in such a way that the total cost of the package (wage rate plus contribution) remains constant. - C2 - APPENDIX D Effective June 16, 1981, the II�IPLOYER shall: (1) contribute $ .45 per hour for all hours worked by particigating employees as def ined in Articles 12.3, 12.4 and 12.5 covered by this AGREII�IENT, to a UNION designated Health and Welfare Fund. Effective October 5, 1981, this contribution shall become $ .90 per hour. • (2) deduct $ .35 per hour for all hours worked from the earnings of participating employees as defined in Articles 12.3, I2.4 and 12.5 of this AGREEMENT, and for�aard to a Vacation Fund. (3) contribute $ .O1 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a Journeyman and Apprenticeshi� Training Fund. (4) In addition to the above, in the case of Temporary and Emergency employees, the EMPLOYER shall contribute $ .50 per hour for all hours worked to a Pension Fund. Al1 contributions made in accordance �aith this Appendix shall be forwarded to depositories as directed by the UNION. The II�IPLOYER shall establish Worl�nan's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. � Participating employees as defined in Articles 12.3, I2.4 and 12.5 covered by this AGREEMENT, shall not be eligible for, governed by, or accumulate vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance or Council Resolutions. The II4PLOYER'S fringe benefit obligation to participating employees as defined in Articles 12.3, 12.4 and 12.5 is limited to the contributions and/or deductions established by this AGREEMENT. The actual level of benef its provided to employees sha11 be the responsibility of the Trustees of the various funds to which the EMPLOYER has forwarded contributions and/or deductions. - D1 - WHITE - CITY CLERK f�,(�A PINK - FIN/ttiCE ��!�_{� CANARV - DEPARTMENjT G I T Y O F SA I N T ��A U I, . � Council p� �,�.�j, BLUE - MAYOR File N 0. CITY CLERK Council Resolution Presented Qy Referred To Committee: Date Out of Committee By Date An administrative Resolution approving the terms and conditions of the 1981-1983 Maintenance Labor Agreements between the City of 5t. Paul, Independent School District No. 625, and the Twin Cities Glaziers and Glass Workers Local 1324. WHEREAS, the Council, pursuant to the provisions of Section 12. 09 of the St. Paul City Charter and the Public Employee s Labor Relations Act of 1971, as amended, recognizes the Twin Cities Glaziers and Glass Workers Local 1324, as exclusive representative for those classes of positions within the City of St. Paul certified by the Bureau of Mediation Services under Case No. 73-PR-510-A for the purpose of ineeting and negotiating the terms and conditions of employment for all full-time personnel in the classes of positions as set forth in the Agreements between the City, Independent School District No. 625, and the exclusive representatives hereinabove referenced; and WHEREAS, the City, through de signated repre sentative s, and the exclusive representatives have met in good faith and negotiated the terms and conditions of employment for the period June �., 1981, through May 31, 1984, for such personnel as are set forth in the Agreement between the City of St. Paul, Independent School District No. 625, and the exclusive representatives; and WHEREAS, a 1978 Agreement has been reached which includes a wage adjust- ment retroactive to June 16, 1981; now, therefore, be it _�_ COUNCIL�IEN Yeas Nays Requestgd by Department oE: Hunt PERSONNEL OFFICE Levine In FBVO[ Maddox McMahon Showalter __ AgainSt BY Tedesco " Wilson Form Approved by City Attorney Adopted b}� Council: Date — Certified Yassed by Council Secretary BY By _ Approved by �tavor: Date _ Approved by Mayor for Submission to Council � Bl' - – - BY - . –/Ga � _ _ _ - - _ .. ---- __ _ __ [�f� j'� – _ _ _ - . __ _ - - _ _. - -- WHITE - CIT� � J��R�J PINK - FINANCE � A V 3' M CANARY - DEPARTMENT (�I TY OF SA I NT �L1uL COURCII BLUE - MAYOR File N O. Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Maintenance Labor Agreements, cited above, dated as of the effective date of this Resolution, between the City of St. Paul, Independent School District No. 625, and the Twin Cities Glaziers and Glass Workers Local 1324, on file in the office of the City Clerk, are hereby approved, and the authorized administrative officials of the City are hereby authorized and directed to execute said Agreement on behalf of the City. Approved: Chairman Civil Service Commission -2- COUIVCILMEN Requested by Department of: Yeas Hunt Nays pERSONNEL OFFICE � Levine In Favor Maddox McMahon B Showalter _ AgaiRSt Y Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date — Certified Yassed by Council Secretary �Y B� Approved by 1�1ayor: Date _ Approved by Mayor for Submission to Council _ - _ . �__ - . - . UO 110Z aetacn 1171, Iilc���viai�uu��� ��v��� ��... � r r2�olution so that this information will be � �j' � �C ��/a5� avaiiabie to the City Council. � . �'l �ir EXPLANATION OF ADMINISTRATIVE ORDERS, RESOLUTIONS, AND ORDINANCES Date: Novembe r 25, 1981 ���i��V�� TO: MAYOR GEORGE LATIMER U��' 1 719 81 FR: Personnel off�ce MAYORS OFFJCE RE: Resplution for submission to City Council ACTION R�QUESTED We recommend your approval and submission of this Resolution to the City Council. PURPOSE AND RATIONALE FpR THIS ACTTON This Resolution approves the 1981-1983 Agreements between the City, I.S.D. No. 625, and the Glaziers Local No. 1324. The change in these Contracts include the deleti.on of tlie Residency Article, the deleti.on of the Mandatory R.etirement Article, and Wages. The wage increase for June, 1981, amounts to a total package of $1. 86 per hour - $1.58 is applied to wages and $. 28 toward fringe benefits. The June, 1982, and June, 1983, total package increases will be $1. 85 each year. The wage settlements are based on the outside Union settlements. FINANCIAL IMPACT None. The City has no regular employee in this classification. ATTACHIKENTS: Re solution, Agreements and copy for the City Cle rk. # �-:- , . c��-Y- o� �.�.z�� �.A.U� a� ��: . �� :� .. j'� ���"}; . O:E`FICE OF THi!: CITY GOUNCZL � �� �;. �, - '.'�...�..,'::�- ;. �(,,•�a�;. ,� C ' �r . Do t e : January 7, 1982 �?'� co � �� ��-�°� � � � � o ��- T0 : Sain� Pout City Cauncil . � . � . . f�R Q l�il � C o m m i tt e� o n FINaIVCE, M�NAGEMENT F� PERSONNEL � � George McMahon , chairman, makes the fotiov�ing � � report on� C.F. ' ..[� Ordinance . . . � (9) �f Resolution . . [� Ofiher ' � Ti`CL� : . , At its meeting of January 7, 1982, the Finance Committee recor�nended anproval of - the following: _ _�-__._.._ . --- �-.------ - � -- - -- 1. Resolution approving appropriation fr�n. Nl�ulicipal State Aid Street Furids for improving railroad crossing on Randolph and TorontQ. (12553-(�I) _ 2. Resolution approving Shuttle Service Contract Fxtension. 3. Resolution approving method for payment of severance pay. (12552-Q� � � 4. Resolution approving Agreements between ISD #625 and the Electricians Local �Y10, Cement Masons Local #560 and Roofers Local #96. (12540-Q�'� - � � � 5. Resolution approving 1931-1983 Agreements between City, zSD #625 and Glaziers� Local #1324. (12539-(� . - 6. Resolution approving 1982-1983 Memorandwn of Understanding applying to �the � ' Civic Center Stage F�nployees. (12538-(� _ � : • � 7. Resolution changing grade of Parking Meter Monitor fram Grade 15 to Grade 17. ' � (12545-Q� 8. Resolution changing grade of Parking Meter T4onitor Supervisor fram Grade 19 to Grade 21. (12542-GM) . 9. Resolution replacing class specification and revising minimun qualifications for titles of Project Management Technician and Project Manager I. (12564-C�1) �. (Q0IVTINUED . . .) CITY H?�LL SEVE?�iTH FLOOR . SAIYT PAUL, MIrNESOTA 55103 :,.:;�r:;; '