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278033 WHITE - CITY CLERK PINK - FINANCE �� CANARY - DEPARTMENT G I T Y O F S A I N T �A U L COUfICIl �� BLUE - MAYOR File N O. o ncil Resolution Presented B � Referred To Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul approves and ratifies the attached Collective Bargaining Agreements between the Independent School District No. 625 ka.nd the following unions: Cement Masons Local No. 560, Roofers Local 96, and Electricians Local 110. Approved: � r air an Civil Service ommission COUNCILMEIV Requestgd by Department of: Yeas N ays Hunt PERSO EL OFFICE Levine In Favot Maddox McMahon B Showalter - __ Against Y Tedesco Wilson JAN i 9 �gg1 For Approv d b City rney Adopted by Council: Date — � Certifit:d P 5• y Council cre BY � By � Appr�ved by , vor: Date N 2 �9 2 Ap d by Mayor.f S bmission to Council � By� _ - By PU Li��' U �AN 0 982 ._._ �;I�.'Y �x ,.�. ,�Ii7'I' �P.f�.UY� �4�V�c�� :.' � " �!'� / : _ /`' � •'-� � �`�;;�> pk�FICE OF' THI�: CITY GOUNCXZ� a;= '�� '�;v r�� c—'''"- ,�., ,� r..• '".'#a��;;y':•-� s.:�. ��= � ,-,.� ...^:-• �t "��T1�1;L..J� . . . L5�- . .�...V':l �Y� °s�'�' Da fi e . January 7, ].9S� ��. � _,-;� � ..��;�-��?: .;`, G4 �� it� �i i '� � � � �' �J �`�' 7' 0 : Sc�in� Pr�ul Ci�t� �QUnc� ! . � �� C 4 t i1!'Y`t i�7 F't� O f� FINAi'�'CI:, T1N\TAGEl1E�'T Fa PT}ZSO�,�FL George A�ic��lahon , c h a i r m a r�, m a k e s t h e f o I i o v�i n g � � , . reporY on C. F. � �-[� ardirranca (�) � Resofution . � Other �' 1�"L� ;: At its meeting of January 7, 1982, the Financ�� Committee reconunended anproval of • the following: . .._._------ - l. Resolution appro�fing appropriation fi�om 1�4LUlicipal State l�id Street Purids for improving rail:roacl crossing or� Ra�ldolph ancl Toronto. (12553-GNI) - 2. Resolution approving Shuttle Service Contract Fxtei7sion. 3. Resolution approving method for payment of severance pay. (12552-C�1) `4. Resolution approv�ng Agreements bettiveen ISD #625 and the Flectriciaris Loc�l 1.10, � Cement blasons Local #560 and Roofers Local #96. (12540-G'�1) . 5. Resolution a��roving 1931-1983 Aareements bet��een City, ISD �t625 and Glazie�s Local #1324. (12539-GM) 6. Resolution approving 1982-1983 A4emarandwn of iTnderstanding al�plying to the . Civi.c Center Stage Employees. (12538-(',�1) " 7. Resolution chan�ing grade of Parking A�Ieter l�toni.tor from Grade 15 to Grade 17. � (12545-C�1) . 8. Resolution cllanging grade of Parking Meter Tlonitor Sup�rvisor from Gracie 19 to Grac�e 2L (12542-(�1) 9. Resolution replacing class specification and revi.sing min.imenn qualificati.ons for titles of Project A4anagement Technician �ld Project T�ana�er I. (12564-f��1) (CONTIN[TED . . .) CITY HALL SEVE?�iTH FLOOR SAINT PALJL, ti�IIVtiESO�i'A �7102 ':�?>:_� . ___ _ _ . __ __ _ __ _ _ _ WHITE - CITY CLERK � �vy' /��1 PINK - FINANCE - � j� w •1 CANARY - DEPARTMENT � �I TY OI�' SA I NT I-t�LT L COUt1C1I �y � B4UE - MAYOR File N O. � CITY CLERK Council Resolution Presented By Referred To Committee: Date Out of Committee By Date � RESOLVED, that the Council of the City of Saint Paul approves and ratifies the attached Collective Bargaining Agreements between the Independent School District No. 625 kand the following unions: Cement Masons Local No. 560, Roofers Local 96, and Electricians Loca1 110. Approved: Chairman Civil Service Commission COUNCILMEN Yeas Nays Requestgd by Department of: Hunt PERSONNEL OFFICE Levine [n Favor Maddox McMahon B Showaiter _- __ A ga i n s t Y Tedesco Wilso� Form Approved by City Attorney � Adopted by Council: Date Certified Passed.by Council Sectetary BY By —_ � , ; � . Approved by 1•tavor: Date _ Approved by Mayor.for Submission to Council By _ BY • INDEX � ARTICLE TITLE PAGE Preamble � iii I Purpose 1 II Recognition 2 III Employer Ri�hts 3 - IV Uaion Rights 4 V Scope of Agreement 5 VI Probationary Periods 6 � VII Philosophy of Employment and Gampensation 7 • VIII Hours of Work 8 I% Overt3me 9 X Call Back 10 gI Work Location 11 BII Wages 12 BIII Fringe Benefits 14 BN Selection of Foreman and General Foreman 15 RV Iioiidays 16 %VI Disciplinary Procedures 17 %VII Absences From Work 18 %VIII Seniority . 19 • � BIX Jurisdiction 20 � Separation 21 � �I Tools 22 ffiCII Grievance Procedure 23 �III Right of Subcontract 27 IDCIV Non-Discrimination 28 IDN Severability 29 �VI Waiver � 30 RRVII Mileage-Independent School District No. 625 31 XXVIII Duration and Pledge 32 Appendix A A1 Appendix B B1 Appendix C � C1 Appendix D � D1 • - ii - P R E A � B L E This AGREEMENT is entered into betwe�n Independent School District � No. 625, hereinafter ref erred to as the EMPLOYER and Operative Plasterers' �nd Cement Masons� International Association of the United States and Canada, Local 560, hereinaf ter ref erred to as the UNION. The EMPLOYER and the UNION concur that this AGREEMENT has as its obj�ctive the promotion of the responsibilities of the City of Saint Paul for the benefit of the general gublic through effective labor-management cooperation. The II�LOYER atld the UNION both rea:lize that this goal depends not • only on the words in the AGREEMENT but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the EMPLOY:CR, 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 AGREEMENT is to: 1.11 Achieve orderly and peaceful relations, thereby establishing a system of unin*-�rrupted ogerations and the highest level of . employee performance that is consistent with the safety and well-being of all concerned; 1.12 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the EMPLOYER and the tJNION; 1.13 Establish procedures to orderl� and peacefu2ly resolve disputes as to the application or interpretation of this AGREEMENT without loss of manpower productivitq. 1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a • supplement to legisla.tion that creates and directs the EMPLOYER. If any p�.rt of this AGREFMENT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that par�. in confl3ct so tha.t it conforms to the statute as provided by Article 25 (SEVERABILITY) . • - 1 ^ : ,� . . ARTICLE II - RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative for • collective bargaining purposes for all personnel having an employment status of regular, probationary, provisional, temporary� and emergency � employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-525-A � dated May 22, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Agpendix A. . • - 2 - '. ARTICLE III - FMPLOYER RIGHTS � . 3.1 The EMPLOYER retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programa; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select; direct and determine the number of personnel; and to perform any inherent managerial functioa not specif ically limited by this AGREEMENT. 3.2 Any "term or condition of employment" not es.tablished by this AGREEMENT ' shall remain with the II�PLOYER to eliminate, modify, or establish � following written notif ication to the UNION. . - • � � - 3 - ARTICLE IV - UNION RIGATS 4.I The EMPLOYER sha11 deduct from the wages of employees who authorize � such a deduction i� writing an amount necessary to cover monthly TJi�ION dues. Such monies deducted shall be remitted as directed by the UNION. 4.11 The EMPLOYIIt shall not deduct dues from the wages of e�ngloyees - covered by this AGREEMENT for any other lab�r organization. 4.T2 The UNION shall indemnify and save harmless the �IPLOYFR from any and a1T claims or charges made against the EMPLOYER as a result of the implementation of this ARTICLE. 4.2 The UNION may designate one (1) employee from the bar�aiilliig unit to act as a Steward and shall inform the EMPLOYER in writing of such designation. Such employee shall have the r�ghts and responsibil.ities as designa.ted in Article 22 (GRIEVANCE PROCEDURE) . 4.3 Upon notification to a designated F1�iPL0YER supervisor, the Business • Manager of the UNION, or his designated representative shall be permitted to entez the facilities af the F1`fPLOYER where employees covered by this AGREEMEI3T are working. • - 4 - ARTICLE V - SCOPE OF THE AGREFI�fiNT � 5.1 This AGREEMENT established the "terms and conditions of employaent'' defined by M.S, I79.63, Subdivision 18 for all employees exclusively represented by the UNION. This AGREEMENT shall supersede such "terms and conditions of employment" established by Civil Service Ru1e, Council. Ordinance, and Council Resolution. • • - 5 - ARTICLE VI - PROBATIONARY PERIODS 6.1 Al1 personnel, originally hired or rehired following separation� in a � regular employment status shall serve a six (6) month's probationary period during which time the employee's fitness and ability to perform . the class of positione' duties and responsibilities shall be evaluated. 6.11 At any time during the probationary period an employee may be . terminated at the discretion of the II�iPLOYER without appeal to the provisions of Article 22 (GRIEVANC� 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 sha11 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 II�IPLOYER without appesl to the provisions of Article 22 (GRIEVANCE PROCEDURE) . 6.22 An employee demoted during the promotional probationary period shall b� 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 - PHILOSOP�Y QF E�IPLOYi`�IENT AIVD CO?�iPENSATION � 7.1 The EriPLOYER and the UNION are in full agreement that the philosophy of employment and compensation shall be a "cash" hour�y wage and "industry" fringe benefit system. 7.2 The EMPLOYER shall compensate employees for all hours worked at the basic hourly wage rate and hourly fring� benefit rate as found in Articles 12 (WAGES) and 13 (FRINGE BENEFITS) . 7.3 No other compensation or fringe benefit shall be accumu2ated or earned by an employee except as specifically provided for in this AGREEMENT; exc�pt those �mployees who have individually optioned to be "grandtathered" as provided by 12.2. • - 7 - • . ARTICLE VIII - HOURS OF WORK : 8.1 The normal work day shall be eight (8) conaecutive hours per day, � excluding a thirty (30) minute unpaid lunch period� between 7:00 a.m. and 5:30 p.m. 8.2 The normal work week shall be f ive (5) consecutive normal work days Monday through Friday. 8.3 If, during the term of this AGREEMENT, it is necessary in the IIKPLOYER'S ' �udgment to establish second and third shif ts or a work week of other thaa Monday through Friday, the UNION agrees to enter into negotiations immediately to estabiish the c.onditions of such shifts and/or work weeks. . 8.4 This section shall not be construed as, an@ is not a gua.rantee of, any hour$ of work per narmal work day or per normal work week. . 8.5 Al1 employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.6 All employees are subject to call-back by the EMPLOYER as provided by Article 10 (CALL BACK) . 8.7 F�►ployees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at thc basic hourly rate, unless notif ication has been given not to report for work prior to leaving home, or during the previous work day. • - 8 - ARTICLE IX - OVERTIME � 9.1 All overtime compensated for by the EMPLOYER must receive prior authorization from a designated EhiPLOYER supervisor. �;o overti.�e work claim will be honored for payment or credit uniess approved in advance. An overtime claim will not be honored, even thcugh shown on the t�.rae card, unless the required advance approval has been obtained. 9.2 The overtime rate of one and one-half (l�� the basic hourly rate shall be paid for work performed under the following eircumstances: 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 followir_g a normal wark week. 9.3 The overtim�. rate of two (2) times the basic hourly rate sha.I.l ba paid for work gerformed under the following circu��tances: • 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 WO,:i: week; and 9.33 Time worked in excess of twelve (12� consecutive hours i.n a twenty-four (24� hour period, provided, that a7.1 "�mergencp" work required by "Acts of God" sha11 he cnmpensated at the rate of one and one-half (1%) . 9.4 For the purposes of calculating overtime compensation overti�e hours worked shall not be "pyramided", co�pounded, or gaid twice for the sa.me hours worked. 9.5 Overtima hours worked as pro°�irZed by this ARTZCLE shall be paid in • cash. - 9 - ARTICLE X - CALL BACK � � 10.1 The EMPLOYER retains the right to call back employees before an � employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 10.2 Employees called back shall recetve a minimum of four (4) hours pay at the basic hourly rate. 10.3 The hours worked based on a call-back shall be compensated in � accordance with Article 9 (OVERTIME) , when applicable, and subject to � the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME) . • - 10 - • ARTICLE XI - WORK LOCATION • 11.1 Employees shall report to work location as assigned by a designated Employer Supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the E�IPLOYER. 11.2 Employees assigned to work locations during the nor�al work day, other than their original assignanent, and who are required to furnish their own transportation shall be compensated for mileage. • � - 11 - ARTICLE XII - WAGES -' 12.1 The basic hourly wage rates as established by Appendix C ahall 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 benefite. They shall be sub�ect to all other provisions of the AGREIIrIENT, 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 benef its as established by City of Saint Paul Resolutions including life, hospital and health insurance for early retirees who have retired since May 8, 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 relatianship 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 Resolution No. 3250, Section 20. 12.23 Vacation as established by �he 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 - • ARTICLE XII - WAGES (continued) • 12.25 Severance benef its as established by the School District's Severance Pay Plan with a maximun paynent of $4,000. 12.3 Regular employees not covered by the fringe ben�fits listed in Article . ].2.2 shall be considered, for the purposes of this AGRE�III3T, partici- pating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fring� benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FR7.�\GE BENEFITS} . 12.4 Provisional, temporary, and emergency employees shal�. be considered, for the purposes of this AGREEMENT, participating employees and sha11 be compensated in accordance with Arti�cle 12.1 (WAGES) and have fringe benef it cont;:�.butions and/or deductions made in their behalf as • provided for by Article I3 (FRINGE BENEFITS) . 12.5 Al1 regular enployees employed af ter February 15, 1974, sha11 be considered, for the purpose of this AGRF..F'�IENT, particigating employees and shali be compensated in accordance with Article 12.1 (WAGES) and have fringe benefi*_ contributions and/or deductions made on their behalf as pr�vided for by Article 13 (FRIN�� BENEFITS) . • _ - 13 - - ARTICLE XIII - FRINGE BENEFITS 13.1 The EMPLOYER shall make contributions on behalf of and/or make � deductions from the wages of employees covered by this AGREEMENT in accordance with Appendix D for all hours worked. • > • - 14 - ARTICLE XIV - SELECTION OF FORF�lAN AND GENERAL FORFMAN � 14.1 The selection of personnel for the class of position Foreman shall remain solely with the EMPLOYER. 14.2 The clase of position 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 designated EMPLOYER supervisor. 14.4 Such "temporary assigrnnents" shall be made only in cases where the class of positions is vacant for more than one (1) normal work d�y. � • • - 15 - , ARTICLE XV - HOLIDAYS • � 15.1 The following nine (9) days shall be designated ae holidays: � New Year's Day� January 1 • President's Day, Third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Columbus Day, second Monday in October Veterans' Day, Novenber 11 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 15.2 When New Year's Day, Independence Day or Christmas Day falls on a Suaday, the following Monday shall be considered the designated holiday. When any of these �three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. _ 15.3 The nine (9) holidays shall be considered non-work days. 15.4 If, in the �udgment of the F.MPLOYER, 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 (21 times the basic hourly rate for all tiours worked. 15.6 In the case of Board of Education employees, if President's Day, Columbus Daq, or Veterans' Day fall on a day when school is in session, the employees shall work that day at straight time and another day shall be designated as the holiday. � This designated holiday shall be a day on which school is not in session and shall be determined by agreement between the employee and his supervisor. - 16 - • � ARTICLE XVI - DISCIPLINAR`I PROCEDURES � 16.1 The EMPLOYER shall have the right to impose disciplinary actions on employees for just cause. 16.2 Disciplinary actions by the II�IPLOYER shall include only the follawing actions: 16.21 Oral reprimand. I6.22 Written reprimand. 16.23 Suspension. 16.24 Demotion. 16.25 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 designa.ted Board of Review. The Civil Servi*�e Coffinission, or a designa.ted Board of Review, shall be the soZe and exclusive means of reviewing a suspension, demotio ., 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 aormal work day have the � responaibility to notify their supervisor of such abaence as soon as possible, but in no event later than the beginning of such work day. 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (DISCIPLINARY PROCIDURES) . 17.3 Failure to report for work without notification for three (3) ' consecutive normal work days may be considered a "quit" by the F.MPLOYER on the part of the employee. • - 18 - • ARTICLE XVIII - SENIORITY , 18.1 Seniority, for the purposes of this AGREII�IENT, shall be defined as follows: I8.11 "Master Seniority" - The length of continuous regular and probationary service with the IIKPLOYER 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 IIKPLOYER from the date an employee was f irst 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 injury; is granted to allow an employee to accept an appointment to the unclassified service of the II�LOYER or to an elected or appointed full-time position • with the UNION. 18.3 Seniority shall terminate when an e�ployee retires, resigns, or is discharged. 18.4 In the event it is determined by the EMPLOYER tha.t it is necessary to reduce the work force employees will be laid off by class title within each department based on inverse length of "Class Seniority". Employees laid off shall have the right to reinstatement in any lower-paid class title, provided, employee has greater '2laster Seniority" than the employee being replaced. 18.5 The selection of vacation periods shall be made by class title based on length of "C1ass Seniority", sub�ect to the approval of the EMPLOYER. • - 19 - ARTICLE XIX - JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is � recognized as an appropriate subject to deternination 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 invoZved. 19.3 In the event of a dispute concerning the performance or assignment of work, the union5 involved and the EMPLOYER shall meet as soon as mutually possible to resolve the dispute. Notihing in the foregoing shail restriet the right of the EMPLOYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict the II�LOYER'S basic right to assign work. 19.4 Any employee refusing tio perform work assigned by the EMPLOYER and as . clarif ied by Sections 19.2 and 19.3 above shall be sub�ect to disciplinary action as provided in Article 16 (DISCIPLINARY PROCEDU?iES) . 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.I Employees having a probationa.ry or regular enployment status shall be considered separated from employment based on the following actions: 20.11 Resignation. Employees resigning from employnent shall give written notice fourteen (14) calendar d2ys prior to the effective date of the resignation. 20.12 Discharge. As provided in Article 16. 20.13 Failure tn Report for Duty. As provided in Article 17. 20.2 Employees having an emergency, temporary, or provisional emplayment status may be terminated at the discretion of the F,MPLOYER before the completion of a normal work day. • - 21 � • ARTICLE XXI - TOOLS 21.1 All employees shall personally provide themselvea with the tools of the ` trade as liated in Appendix B. • ' - 22 - • . � _ _ . ..� . . _ __ _.: .... -�- _.._ ..�,.,,,,.,,,. ARTICLE XXII - GRIEVANCE PROCEDI3RE � 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 EMPLOYEK in writing of the names of the Stewards and of their successors �ahen so named. 22.2 It is recognized and accepted by the EMPLOYER and the UNION tha.t the processing of grievances as hereinafter provided is liIIited by the job duties and responsibilities of the empinyees and shall therefore .be accanplished during working hours vnly when consistent with su�h ea�ployee duties and responsibilities. The Steward invoZved.and a grzeviag employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Steward and the employee have notified and received the approval of their supervisor to be absent to � process a grievance and that such abs��ce would not be detrimental to the work programs of the EMPLOYER. 22.3 The pracedure established by this ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciplinary action as pravided by � 16.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGRE�iII4':i. • - 23 - ARTICLE 7IXII - GRIEVANCE PROCEDURE (continued) : 22.4 Grievances ahall be resolved in conformance with the following procedure: � Step 1. Upon the occurrence of an alleged violation of this AGREEMENT, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set • forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREII�IENT aot 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 EMPLOYER Supervisor shall meet with the UNION Steward and attempt to resolve ttie grievance. If, as a result of this meeting, the grievance remains unresolved, the IIKPLOYER 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 F2�IPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. • -' 24 - �. ARZ`ICLE XXII - GRIEVANCE PROCEDURE (continued) � Steg 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated EMPLOYER supervisor shall meet with the UNION Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the II�'LQYEK shall xeply in writing to the UNION stating the II�LOYER'S answer concerning the grievance. If, as a result of the written response the griavance remains unresolved, the IINIQN 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 EMPLOYER'S answer shall be cansidered waived. Step 4. If the grievance remains unresolved, the UNION may with�.: • seven (7) calendar day�.� after the response of the EMPLOY�R in Step 3, by written notice to the EMPLOYER request arbitration of the grievance. The arbi.tration proceedi.ngs shall be conducted by an arbitrator to be selected by mutua.l agreement of the EMPLOYER and the UNION �vithin seven (7) calendar days after notice has been given. If the paxties faiZ to mutually agree upon an arbitrator within the said seven (7) day periad, either party ma.y request the Public Employment Relation Board to submit a panel of five (5) arbitrators. Both the F�ff'L�YER and the UNION shall have the right to strike two (2) names from the panel. The UNION shall strike the f irst (lst} n�e;` the IIKPLOYER shall then strike one (I) name. The pracess • will be repeated and the remaining person shall be the arbitr�ator. - 25 - ARTICLE 7�tII - 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 AGREEMENT. The arbitrator ahall consider and decide only the specific issue submitted in writing by the F.MPLOYER 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 ha.ving the ferce and effect of law. The arbitrator's decision shall be submitted in writing within thrity (30) days follow- ing 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 tbe arbitrator shall be final and binding on the EMPLOYIIt, the UNION 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 party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 22.7 The time limits� in each step of this procedure may be extended by mutual sgreement 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 AGRE�IE'Vi �, contract out work done by the employees covered by this AGREEM�3T. In the event that such contracting would result in a reduction of the work force covered by this AGREEMENT, the EMPLOYER shall give the tTl�ION a ninety (90) calendar day notice of the intention to sub-contract. 23.2 The sub-contracting of work done by the employees covered by this AGREEMENT shall in all cases be made only to employers who qualify in �ccordance with Ordinance No. 14013. . - 27 - • ARTICLE XXIV - NON-BISCRL�fINATION � 24.1 The terms and conditions of this AGREEMENT will be applied to employees equally without regard to, or diacrimination for or against, any individual because of race, color, creed, sex, age, or because of membership or non�memberahip 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 geaeral public. � - 28 - � ARTICLE XXV - S�VERABILITY � 25.1 In the event that any provision(s) of this AGREEr1ENT. is declared to be contrary to law by proper legislative, administrative, or judicial authority from whose f inding, determination, or decree no appeal is � taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 25.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the AGREEMENT in compliance with the legislative, administrative, or judicial deteraiination. • • - 29 - - ARTICLE XXVI - WAIVER 26.1 The EMPLOYER and the UNION acknowledge tha.t during the meeting and • negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this AGREF1�IIIdT. - 26.2 Therefore, the F.MPLOYER 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 whether specifically covered or not specifically covered by this AGREFMENT. The UNION and II�PLOYER 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 regu2ations regarding the terms and conditions of employment, to the extent they are inconsistent with this AGREEMENT, are hereby superseded. • - 30 - NOV 91981 . � ARTICLE XXVII - MILEAG� - INDEPENDENT SCHOOL DISTRICT N0. 625 � � � 27.1 Employees of the School District under. olic ado ted b the P Y P . Y Board of Education may be reimbursed for the use of their automobiles for school business. To be e�.igible for such reimbursement, employees must.receive suthorization from the � District Mileage Committee utilizing bne of the following plans: PLt�1N ��A��, effective with the adoption of this Agreement, is reim- bursed at the rate of 23G per mile. In addition, a maximum amount which can be paid per month is established by an estimate . furnished by th� employee and the employee's supervisor. Another consideration for establishing the maximum amount can be the experience of another working in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip made. PLAN "C" provides for reimbursement based on a per � month "lump sum" amount. This amount is determined by the empioyee's driving experience under Plan "A" for a period of 3 to 6 months. Those employees � receiving an auto allowance under this plan must report monthly the number of days the car was avail- sble during the month. A deduction must be made from the lump sum amount for each day the employee is on vacation. A deduction need not be made for an occasional day of illness or for a holiday. • w 3� � , . , � ARTICLE ANIII - DURATZON AND PLEDCE � � - Sf P 2 11981 28.1 This AGREEMENT shall become effective as of the date af signing, except as specifically provided otherwise in Articles 22 and 13,. ar.d sha11. � temain in effect through the 3�th day of Apr:l, I984, and continue in effect from year to year thereaf ter unless notice to ci�ange or to _ . terminate is given in the manner provided in 28,2. 28.2 If either party desires to terminate or modifq this AGBEEI�IT, effective . as of the date of expiration, the party wishing to modify or terminate • the AGREII�IENT shall give writLen notice to the other party, not aore � than ninety (90� or less than sixty (60) calend.ar days prior to the expiration date, provided, that the AGREII�IIIYT map oulq be so termfnated. � or modified effective as of the expiratioa date. 28.3 In consideration of the terms and coaditions of emploqment established . by th�s AGRE�.:;�NT and the recognition that the GRIEVA1dCE PROCIDURE �� fierein established is the means by which grievances coacerning its application or interpretation ma,� 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 condonp any concerted action in which employees fail to r.eport 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. - 32 - �' • ARTICLE XXVIII - DURATION AND PLI:DG� (cantimied) : 28.32 The F�IPLOYFR will not en�age iq, inatigate, or condonc any lock-out � . of employees. 28.33 This constitutea a tentative agreement between the parties which will be recommended .by the School Board Negotiator, but is sub�ect to the approval of the Administration of the City, approval of the School Board and is also subject to ratification by the UNION. AGREID to this '0/� day of , 1981 and attested to as the full and complete understanding of the par.ties for the period of time herein specified by the signature of the following representatives for the EMPLOYER and the UNION. � '� WITNESSES: INDPENDENT SCHOOL DISTRICT N0. 625 OPERATIVE PLASTEFERS' AND CII�IENT ri?,SONS' ��'� INTEFNATIOiVc1,L SSnCIATI01�i, LOCAL 560 i � -w � � ��Y�-'� Scho 1 Board Negotiato Business anager Superi.ntendent, Independent School District No. 625 ,� - 33 - APPENDIX A � � The classes of positions recognized by the IIKPLOYER as being exclusively represented by the UNION are as follows: Cement Finisher Apprentice . Building Inspector-Cement Finisher and other classes of positions that may be established by the FMPLOYER where the duties and responsibilities assigned comes within the jurisdiction of the tJNION. . • - • . - AI - APPENDIX B All necessary ha.nd tools. . , • ,, - B1 - : • ' APPFI�IDIX C � The basic hourly wage rate for provisional, regular and probationary employees appointed to the following classes of positions and not receiving fringe benefits listed in Article 12.2 shall be: Effective Effective Effective June 8,1981 May 1, 1982 Apr. 30,1983 Building Insp.-Cement Fiaisher. . $14.87 * * Cemeat Finisher . . . . . . . . . $12.53 $13.88 $15.41 The basic hourly wage rate for temporary and emergency employees appointed to the following classes of positions shall be: Effective Effective Effective � June 8,1981 May 1, 1982 Apr. 30,1983 Building Insp.-Cement Finisher. . $15.46 * * Cement Finisher . . . . . . . . . $13.03 $14.43 $16.03 The basic hourly wage rate for regular employees appointed to the following classes of positions, who are receiving the fringe benefits listed ia • Article 12.2 shall be: Effective Effective Effective dune 8,1981 May 1, 1982 Apr. 30,1983 Building Insp.-Cement Finisher. . $14.89 * * Cement Finisher . . . . . . . . . $12.54 ** ** *These Inspector rates to be determined at a later date. **The May 1, 1982 and the April 3�, 1983, hourly wage rates in this contract will be the rates as shown below less the cost of sick leave usage for 1981 and 1982, respectively and less the cost of vacation, holidays and pension for 1982 and less the cost of health and life insurance for the periods May, 1981 thru April, 1982 and May, 1982 thru April, 1983 respectively incurred by the emploqer for employees in this bargaining unit. Effective Effective • S-OI-82 4-30-83 Building Inspector-Cement Finisher * * � Cement Finisher . . . . . . . . . $17.30 $19.05 -C1- ,- -, � APPENDIX D : Effective June 8, 1981, the F.MPLOYER shall: • (1) contribute $ .85 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT to a Health and Welfare Fund.� Effective May 1, 1982 this contribution shall be increased to $ .90 per hour. Effective April 30, 1983 this contribution shall be increased to $ .95 per hour. (2� contribute $ .85 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREII�IIIJT to the Pension Fund. Effective May 1, 1982, this contri- bution shall be increased to $ .95 per hour. Effective April 30, � 1983 this contribution shall be increased to $1.05 per hour. (3) contribute $ .75 per hour for all hours worked by participating . employees as def ined in Articles 12.3, 12.4 and 12.5 of this Agreement to the Savings Plan Fund. This contribution is subject to all payroll deductions. Effective May 1, 1982, this contribution shall be in- creased to $1.00 per hour. (4) contribute $ .02 per hour for all hours worked by participating employees as def ined in Articles 12.3, 12.4 and 12.5 of this Agreement to an �prenticeship Fund. . A].1 contributions made in• accordance with this Appendix shall be forwarded • to depositories as directed by the iTNION. The EMPLOYER shall establish Worker's Compensation and Unemployment Compensation programs 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 contributions and/or deductions established by this AGREEMENT. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the EMPLOYER has forwarded contributions and/or deductions. • . - D1 - TrznF.x � ` ARTICLE TZTLE 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 Fsnployment and Compensation 7 VIII Hours of Work 8 IX Over time 9 �X Call Back 10 XI Work Location 11 XII Wages 12 XIII Fringe Benefits 14 XIV Selection of Foreman and General Foreman 15 XV Holidays 16 XVI Disciplinary Procedures _ 17 XVII Absences From Work 18 • XVIII Seniority 19 RIX Jurisdiction 20 XX Separation 21 XXT Tools 22 xXII Grievance Procedure 23 xXIII Right of Subcontract 27 XIV Non-Discrimination 28 XXV Severability 29 XXVI Waiver 30 xXVII Mileage-Independent School District No. 625 31 XXVIII Duration and Pledge 32 Appendix A A1 Appendix B B1 Appendi.Y C C1 . Appendix D D1 • � - ii - PREAriBLE � � � . . . � T . � This AGREEMENT is entered into between Independent School Distr.ict Ivo. 625, hereinafter ref erred to as the F�IPLOYER, and the United Slate and Tile and Composition Roofers, Damp and Waterproof Worke.rs Associatian, Roofers LACaI 96, hereinafter refe�-red to as the UNION. The EMPLOYER and the UNION concur that this AGREEMENT has as �ts objective the promotion of the responsibilities of th� City for the benefit of the general pubiic through effective labor mar�gement cooperation. The II�LOYER and the UNION bath rea.lize that this goal depends not • ' only on the words i-: the AGREE:'�ENT, but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the II�IPLOYER, the UNYON, ana. the individual employees will best serve the needs of the general public. • - iii - � AItTICLE I - PURPOSE 1.1 The II�IPLOYER and the UNION agree that the purpose for entering into i this AGRII�IENT is to: 1.11 Achieve orderly and peaceful relations, thereby establishing a system of uninterruFted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; 1.12 Set forth rates of pay, hours of work, and other conditions . of employment as have been agreed upon by the EMPLOYER and the UNION; 1.13 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this AGREaiED1T without loss of manpower productivity. • 1.12 The EMPLOYER and ths UNION agree that this AGREEMENT serves as a supple- ment to legislation that creates and directs the IIrIPLOYER. If any part of this AGREII4IIdT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (SEVERABILITY). • - 1 - ARTICLr II - RECOGNITION 2.1 The II�IPLOY�R recognizes the UNION as the exclusive representative for i collective bargaining purposes for all personnel having an empZoyment status of regular, probation.ary, provisional, temporary, and emergency employed in the classes of positions def ined ir. 2.2 as certified by the Sureau of Mediation Services in accordance with Case No. 73-PR-511-A dated r[ay '11, 1973. 2.2 The classes of position recognized as being e�clusively represented by the UNION ar� as listed in Appendix A. � i - � - . ARTICLE III - EMPLOYER RIGHT5 � 3.1 The EMPLOYER retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; Co determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; and to perform any inherent �nanagerial function not specifically limited by this AGREEMENT. 3.2 Any "term or condition of employment" not established by this AGREII�IENT shall remain with the EMPLOXER to eliminate, modify, or establish following written notification to the UNION. � • - 3 _ ARTICLE IV - UidION RIGHTS 4.1 The EMPLOYER shall deduct fro� the �aages of employees who authorize � such a deduction in writing an a.rsount necessary to cover u�onthly UNION dues. Such �onies deducted shall be remitte3 as directed b� : the UNION. ' 4.11 Z'he EMPLOYER shall not deduct dues from the wages of employees covered by this AGREEMENT for any other labor organization. 4.12 The UNION shall indemnify and save harmless the EMPLOYER f rom any and all claims or charges made against the EMPLOYER as a rasult of the impZementati�n of this ARTICLE. 4.2 The UNION ma� designats one (1) employee frox�: the bargaining unit to act as a Steward and shall inform tne g1FL0YER in �rriti.ng of such � designation. Such employee shall have the righ�s and respoASibilities as designated in Article 22 (GRIEJANCE PROCEDURE� . 4.3 Upon notification ��o a designated ErIPLOYER supervisor, the Business Mana.ger of tha iTi�1ZON, or his designated representative shall be per- mitted to en�er the facilities of the IIriPLOYER where employees covered by this AGREEMENT are working. i _ 4 _ . ARTICLE V - SCOPE OF THE AGREEMENT : • S.I This AGREFI�IIIVT establishes the "terms and canditions of employment" defined by M.S. 179.63, Subdivision 18 for all employees exclusively represented by the UNION. This AGREF�IENT shall supersede such "terms and conditions of employment" established by Civil Service ' � Rule, Council Ordinance, and Council Resolution. � • -- 5 - ARTICLE VI - PROBATIONARY PERIODS : 6.1 All personnel, originally hired or rehired following separation, in a S regular employment status shall serve a six (6) months' probationary period during which time the employee's f itness and ability to perform the �lass of positions' dut.�es and responsibil3ties shall be evaluated. 6.11 At any time during the probationary period an employee may be terminated at the discretion of the F�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 termina.tion, a copy of which shall be sent to the UNION. 6.2 A11 personnel promoted to a higher class of positions shall serve a • six (6) months' pr�motional probationary period during which time the employee's fitness and abi3ity 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 F.MPLOYER ��-. without appeal to the provisions of Article 22 (GRIEVANCE PROCIDURE) . 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 II�IPLOYMENT AND COMPENSATION • 7.1 The EMPLOYER and the UNION are in full agreement that the philosophy of employment and Gompensation shall be a "cash" hourly wage and "induatry" fringe benef it system. 7.2 The EMPLOYER shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (WAGES) and 13 (FRINGE BENEFITS) . '7.3 No other compensation or fringe benef it shall be accumulated or � earned by an e�ployee except as specifically prov:ided for in this AGREEMENT; except those employees who have individually optioned � to be "grandfathered" as provided by 12.2. • • . - 7 - � ARTICLE VIIZ - HOURS 0� WORI� 8.1 The noraal work day shall be eight (8) consecutive hours per day, ex- • tluding a thirty (30) minute un�aid lunch period, between 7 :�0 �.m. and 5:30.p.m. 8.2 The norma.l work week shall be five (5) consecutive normal work 3ays Mondaf through Friday. � �.3 If, during the term of this AGREEMENT, it is necessary in the II�2PI:UYER'S jsudgment to establish second and third shif ts or a work week of other than Monday through Friday�, the UNION agrees to enter into negotiations 3mated.iat�ly to establish the conditions of such shifts aad(or wozk weeks. $.4 This section shall not be constru�3 as, and is not a guarantee of, any haurs oi work per nore�.al work day or per normal work week. • 8�5 ALt employees sYiail b� at the location d�signated by their supervisor, r�ady.far wark, at tha established startiag time and shall rerain at an assigaed worlc location until the end of the established work day unless otherwise directed by their supervisor. 8.6 AlI employees are subject to call-bac:. by the EMPLOYER as provided bp Art..cle 10 (CAI,L BACK) . 8.T Employees reporting for work at the established starting ti�e and for �rhom n� work is available shall receive pay for two (2� hours, at the b�asi� hourly rate, unless notif ication has been given not to report for �+rork prior to leaving home, or during th� previous work day. � _ g _ �1RTICLE IX _ OVERTIME � 9.1 Overtime. Time on the payroll in exces� 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 II�PLOYER. 9.2 The overtime rate of one and one-half (1�) times the basic hourly rate shall be paid for work performed under the following circumstances: 9.21 Time worked in excess of eight (8) hours in any one normal work day and 9.22 Time worked on a sixth (6th) day following a normal work week. • 9.3 The overtime r t a e of two (2) times the basic hourly rate shall be paid for work performed under the following circwnstances: 9.31 Time worked on a holiday as defined in Article 15 (HOLIDAYS), except as provided in 15.6. 9.32 Time worked on a seventh (7th) day following a normal work week; and 5�.33 Time worked in e.xcess of twelve (12) consecutive hours in a twenty-four (24) hour period, provided thaC 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 compensation, overtime hours worked shall not be "pyramided", compounded, or paid twice for the same hours worked. , • . - 9 - ARTICLE X - CALL BACK 10.1 The EP�iPLOYER retains the right to call back employees before an � employee has sta�-�ed a normal work day or nornaT work week and after an employee has completed a normal work day or normal csork week. � : 10.2 Employees callad bac'�. 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 {OUERTIME) , when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) houx� or less priar to their ^,or�al wvrk day sha.Il complete the normal work day and be compensated only for the overtime hours worked in accordance with Articla 9 (OV�iIME) . •' � - 10 - ARTICLE XI - WORK LOCATION . 11.1 Employees shall report to work location as assigned by a designated II�PLOYER supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the II�IPLOYER. 11.2 Employees assigned to work locations during the normal work day, � other than their original assigrnnent, and who are required to furnish their own transportation shall be compensated for mileage. • • - 11 - ' ARTICLE XII - WAGES 12.I The basic hourly wage rates as established by Appendix C shall be paid • for �l1 hour:4 worked by an employee. 12.2 Employees �:;.r� are covered by the fringe benefits listed below shall continue to be covered by such benef its. They shall be subject to all other provisions of the AGREEMINT, but shall not havs hourly fr�.ige 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 �esolutions. 12.22 S�ck Leave as established by Resoluti��n No. 3250, Section 20. 12.�3 Vacatio*.i as est�'�].ished by the Saint Paul Salary Plan and Ra.tes of Compensation, Section I, Subdivision H. I2.24 Nine (9) iegal holidays as established t�-;r the Saint Paul � Salary Plan and Rates of Compe.nsation, Section I, Subdivision I. 12.25 Severance benef its as established by the School District's severance pay plan with a maximum paymen.t of $4,000. 12.26 The EMPLOYER zai11 for the perzod of this AGREEMENT pr.�vide for empTDyees working under the titles as listed in Appendix A who retire after the time of execution of this AGREEMEi�iT or who have retired since September 1, 1974, and until such employees reach sixty-five (65) years of age such life, hospital and medi�:al insurance benefits as are provided by the EMPLOYER. � — 22 - ARTICLE XII - WAGES (continued) �� 12.27 In order to be eligible for the benefita under the provision of 12.26 the employ� must: � 12.27.1 Be receiving benefits from a public employee retiree act at the time of retirement. � 12.27.2 Have severed his relationship with the City of � Saint Paul under one of the early retiree plans. 12.27.3 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early retir anent date that he or she wishes to be . eligible for early retiree insurance benefits. 12.3 Regular employees not covered by the fringe benefits listed in Article 12.2 shall be considered, for the purposes of this AGREEMENT, participating � employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benef it contributions and/or deductions made on their behalf " as provided for by Article 13 (FRINGE BENEFITS) . • ' . . 12.4 Prnvisional, temporary and emergency employees shall be considered, for the purpose of this AGREENIENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 13 (F�INGE 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 �nd/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . • . � - 13 - ARTICLE XIII - FRINGE BENEFITS 13.1 The EMPLOYER ahall make contributions on behalf of and/or make � deductions from the wages of �nployeea covered by thia AGREEMENT ia accordance with Appendix D for all hours worked. , �� - 14 - ARTICLE XIV - SELECTION OF FOR��IAN AND GLTIERAL FORII�IAN • 14.1 The selection of personnel for the class of position of Foreman ahall remain aolely with the LMI'LOYER. 14.2 The class of position of Foreman shall be filled by employees of the bargaining unit an a "temporary assig�ent". 14.3 All "temporary assignments" shall be made only at the direction of a designated 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 :{V - NOLIDAYS 15.1 The following nine (9) days shall 'oe designate3 as holidays: . New Year`s Aay, January 1 Presicier.?_.�' Day, Tl�ird Monday in February rSemarial Bay, last rionday in t�iay Independence Day, July 4 L�bor Day, f irst Tionday in September Columbus Day, second Monday in October Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Chri�tmas Day, December 25 �5.2 When New Yearts Day, Independence Day, or Christmas Day falls on a �uuudap, tr.e following Monday shall be considered the designated haliday. . S�en any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designat-:d holiday. 15.3 The r_ine (9) holidays sha" °. be considered nor.-�aork days. 15.4 If, in the judgment of the EMPLOYER, personnel are ner�ssary for •' ogerating or emerger y reasons, eznployees may be scheduled or "calZed back" in accordance with Article X (CALL BACK) . I5.5 EmplQqe+ � wo;:king on a designated holiday shall b$ compensated at tha zate of two (2� times the basic hourly rate for all hours worked. 15.6 In the case of Board of Education e�� loye�s, if Presidents' Day, Columbus Day or Veterans' Day falls on a day when school is in session, the esiployees sha.11 work that day at stxaight time and another day shall be designa.ted as the h�lidaq. This designat�i holiday shall be a day on �zhich school is not in session and shall be dete�ined by agreement between the employee and his supervisor. - 16 - : � ARTICLE XVI - DISCIPLINARY PROCEDURES � 16.1 The EMPLOYER ehall have the right to impose disciplinary actions on employees for �ust 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 26.3 Employees who are suspended, demeted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission • or a designated Board of Tteview. The C3vi1 Service Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appeal of a �uspension, demotion, or discharge shall be considered a "grievance" for the purpose of processing through the provisions of Article 22 (GRIEVANCE PROCEDURES) . . - 17 - AR.TICLE XVII - ABSE�tCES FROM WORK I7.1 Employees who are unable to report for their nor�al 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 G�ork day. � 17.2 Failure to make such notification may be grounds fQr discipline as provided in Article 16 (DISCIPLINARY PROCEDURES} , 17.3 Failure to report for work without notif ication for three (3) cansecutive normal work days may be considered a "quit" by the EMPLOYER on the part of the employee. � � : - 18 - ARTICLE XVIII - SENIORITY � � � 18.1 Seniority, for the purposes of this AGREEMENT� shall be defined as f al lowa: " 18.11 "Master Seniority" - the length of continuous regular and probationary service with the EMPLOYER from the � last date of employment in any and all class titles covered by this AGREEMENT. . 18.12 "Class Seniority" - the length of continuous regular and probationary service with the EMPLOYER from the date an employee was first appointed to a class title covered by this AGREEMENT. . 18.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of 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 F,MPLOYER 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 F�IPLOYER that it is necessary to reduce the work force employees will be laid off by class title within each departmenC based on inverse length of "Class Seniority". Employees laid off shall have the right to reinstatement in any lower-paid class title, provided, employee has greater "Master Seniority" than the employee being replaced. 18.5 The selection of vaction periods shall be made by class title based on length of "C1ass Seniority", sub�ect to the approval of the II�LOYER. � . - 19 - ARTICLE XIX - JURISDICTION � 19.1 Disputes concerning work urisdiction between and amon unions is � � S recognized as an appropriate sub�ect for deCermination by the various union representing employees of the EMPLOYER. 19.2 The EMPLOYER agrees to be guided in the assignment of work �urisdiction 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 F�IPLOYER to accomplish the work as originally assigned pending resnlution of the dispute or to restrict the EMPLOYER'S basic right to assign work. . 19.4 Any employee refusing to perform work assigned by the EI�LOYER and as �� . clarified by Sections 19.2 and 19.3 above shall be sub3ect 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 assigrnnent. . � - 20 - ARTICLE XX - SEPARATION • 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on thP following actions: 20.I1 Resignation. Employees resigr.ing frrns employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.12 Discharge. As provided in Article 16. � 20.13 Failure to Report f�r Duty. As provided in Article 17. � 20.2 Employees having an emergency, temporary, or provisional employment . status may be terminated at the discretion of the �iPLOYER before the completion af a normal work day. • _ • - 21 - . ARTICLE X1�I - TOOLS 21.1 All em lo ees shall ersonall rovide themselves with the tools of � P Y P y P the trade as listed in Appendix B. • , � - 22 - ARTICLE YXII - GRIEVANCE PROCEDURE � 22.1 The EMPLOYER shall recognize stewards selected in accordance with UNION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the nanes of the stewards and of their successors when so named. 22.2 It is recognized and accepted by the EMPLOYER and the LZvION that the processing of grievances as hereinafter pravided is linited by the job duties and responsibilities of the emplayees and shall therefore be $ccamplished during working hours only when consistent with such employee d.uties and responsibilities. The steward involved and a grieving employea siaall suffer no loss in pay when a grievance is processed during working hOUrs provided, the steward and the employee have notified and receivad the approval of their supervisor to be absent to process a grievance and � thgt such absence would not be detximental �to the work progra�s of the C�ze EMPLOYER. 22..3 The grocedure e-stablish:�d by this ARTICLE sha�l be the sol� and exclusive p�ocedure, .except foz the appeal� of disciplinary sction as provided by 16.3, Eor tha processing of grievances, which are defined as an alleged violatian of the terms and ;:anditions of this AGRE�IENT, 22..4 Grievances sha1.1 be resolved in conformance with t�ie foZlowing procedure: S�tep 1. Upon the occu.::ence of an allPged violation of this AGRE;:.s."'�I$I�1T, the emp;l.�yee involved shall attempt to resoZve the ma'-;.��r an an informal basis with the employee's supervisor. If the ma.tter is not resolved to the employee's satisfaction by the informal discussion it may be reduced . - 23 - ARTICLE XXII - GRIEVANCE PROCEDURE (continued) to writing and ref erred 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(�) of the - AGREII�IENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the � UNION within.seven (7) calendar days of the first occurrence - of the event giving rise to the grievance or within the use ' of reasonable diligence should have had knowledge of the f irst 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 un- resol�ved, the F.�iPLOYER shall reply in writing te the UNION within three (3) calendar days following this meeting. The UNION may refer the grieeance in writing to Step 3 within seven (7) calendar days following receipt of the F�IPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EhiPLOYER'S ansti*er shall be considered waived. • - 24 � - ARTICLE XXII - GRIEVANCE PROCEDURE (continued) : � Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a desigriated FMPLOYER 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 F2�IPLOYER 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 refer the grievance to Step 4. Any grievance not referred in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the II�IPLOYIIt'S answer shall be considered waived. . � Step 4. If the grievance remains unresolved, the UNION may within . seven (7) calendar days af ter the response of the EMP:OYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the E.^�IPLOYER and the UNION within seven (7) calendar da}s 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 s 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 EMPLOYER shall then strike one. (1) nsme. 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 submitted in writing bq 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, which- ever be later, unless the parties agree to an e�ctension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance • , presented. The decision, of the arbitrator shall be final and binding on the EMPLOYER, the UNION and the employees. 22.6 The f ees and expenses for the arbitraCor's services and proceedings shall be borne equally by the II�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 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 IIrIPLOYER shall give the UNION a ninety (90) calendar day notice of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by this AGREEMENT shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. . • - 27 - ARTICLE XXIV- NON-DISCRIMINATION 24.1 The terms and conditions of this AGREEriEi�T will be applied to employees • equally without regard to, or discrimination for or against, any individual bec�use of race, color, creed, sex, age, or because of membership ar non-membership in the UNION. 24.2 Employees will perform their duties and responsibilities in a non- discriminatory manner as such duties and responsibilities involva other employees and the general public. • , • - 28 - ARTICLE XXV - SEVERABILITY • 25.1 In the event that an rovision s f hi A y p ( ) o t s . GREEMENT is declared to be contrary to law by proper legislative, administrative, or �udicial authority from whose finding, determination, or decree � no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 25.2 The parties agree to, upon written notice, enter into negotiations • to place the voided provisions of the AGREEMENT in compliance with the legislative, administrative, or �udicial determination. • • - 29 - ARTICLE XXVI - WAIVER 25.1 The EMPLOYER and the UNION aclmowled�e that during the meeting and • negotiating which resulted in this AGREEMENT, each had the right and opportunity ta make proposals ��.th respect to any subject concerning the terms and conditions of employment. The agreements and under- standings reached by the parties after the exercise of this rigfit are fully and completely set forth in this AGREEME�dT. 25.2 Therefore, the EMPLOYER and the UNION for the duration of this AGREEMENT agree that the other party shall not be obligated tA meet and negotiate over any term or conditions of employment whethar specifically covered or not specif ically covered by this AGREEMENT. The UNION and EMPLOYER may, however, mutually agree to modify any . provision of this AGREEMENT. • 26.3 Any and all prior ordinances, agreements, resolution�, pr. �tices, policies, and rules or regulatiqns regarding the terms and conditions of employment, to the extent they are inconsistent with this AGREEMENT, are hereby superseded. - 30 - • - ARTICLE XXVII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625 � 27.1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their sutomobiles for school business. To be eligible for such reimbursement, employees must receive authorization from the District Mileage Committee utilizing one of the following plans: P� ��A��, effective with ,the adoption of this Agreement, is reim- bursed at the rate of 23C per mile. In addition, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. Another consideration for establishing the maximum , amount can be the experience of another working in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip made. PLAN "C" provides for reimbursement based on a per � month "lump sum" amount. This amount is determined ► by the employee's-driving experience under Plan "A" for a period of 3 to 6 months. Those employees receiving an auto allowance under this plan must report monthly the number of days the car was avail- sble during the month. A deduction must be made from the lumF sum amount for each day the employee � is on vacation. A deduction need not be made for an occasional day of illness or for a holiday. ,� - 31 - ARTICLE XXVIII - DURATION AND PLEDGE � . 28.I This AGREEMENT shall become effective as of the date of signing, except � as specifically provided otherwise in Articles 12 and 13 and shall remaia in effect through the 30th day of April, 1984, and continue in effect from year to year thereafter unless notice to char�ge or to terminate is given in the manner provided in 28.2. 28.2 If either party desires to terminate or modify this AGREEMENT, effective as of the date of expiration, the party wishing to modify or terminate the AGREEMENT shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the eacpiration 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 AGRF�tENT 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 employeas fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or in part from the full, faithful performance of their duties of employment. - 32 - � ARTICLE XXVIII - DURATION AND PLIDGE (continued) � 2$.32 The II�iPLOYER will not engage in, instigate, or condone any lockout of employees. 28.33 This constitutes a tentative agreement between the parties - which will be recommended by the School Board Negotiator, but is sub�ect to the approval of the School Board, the � Administration of the City and is. also subject to - ratification by the UNION. AGREED to this ��,�1 day of Novembez, 1981, and attested to as the full and complete understanding of the parties for the period of time herein speci- fied by the signature of the following representative for the II�LOYER and the UNION. (� WITNESSES: INDEPENDEDIT SCHOOL DISTRICT N0. 625 UNITED SLATE AND TILE AND COMPOSITION ROOFERS, DArIP AND WATERPROOF WORI:ERS ASSOCIATION, LOCAL 96 ' Schoo Board Negotiat�6r us ess Pia ger � Superintendent, Indpendent School District No. 625 �+ - 33 - APPENDIX A • The clmsses of positions recognized by the EMPLOYBR as being exclusively represented by the UNION are as followe: Roofer Foreman � Roof er . Apprentice � and other classes of positions that may be established by the II�IPI,OYER where the duties and responsibilities assigned comes within the �urisdiction of the UNION. • • . - A1 - �PPENDIX B All necessary har.d taols. • • • - B1 - APPENUIX C � The basic hourly wage rate for proviaionml� regular, and probationary employees appointed to the following classes of positions and not receiving the Fringe Benef its listed in Article 12.2 shall be: � Effective Effective Effective 5-22-81 5-01-82 5-01-33 Roofer. . . . . . . . . . $12.64 $14.38 $16.09 � Roofer ForeTnan. . . . . . $13.85 � $15.58 $17.29 The basic hourly wage rate for temporary and emergency employees appointed to the following classes of positions shall be: Effective Effective Effective 5-22-81 5-01-82 5-01-83 Roof er. . . . . . . . . . $13.15 $14.95 $16.73 Roof er Foreman. . . . . .. $14.40 $16.20 $17.98 . Apprentice • Q - S00 hours . . . . . . . . . 66% of Roofer rate 501 - 1300 hours. . . . . . . . 70% of Roofer rate -- "-" 1301 - 2100 hours . . . . . . . 80% of Roofer rate 2101 - 2900 hours . . . . . . . 85% of Roofer rate 2901 - 3700 hours . . . . . . . 90% of Roofer rate 3701 - 4500 hours . . . . . . . 95% of Rnofer rate The basic hourly wage rate for regular emplayees appointed to .the follow- ing class of positions who are receiving the Fringe Benefits listed in Article 12.2 shall be: Effective Effective Effective 5-22-81 5-01�82 5-01-83 Roofer. . . . . . . . . . $13.05 * ** " *The May 1, 1982, hourly wage rates in this contract will be the rate as shown below less the cost of sick leave usage for 1981 and less the cost of vacation, holidays and pensions for 1982 and less the cost of health and life insurance � . _ G1 - APPEi�1DIX C (continued) for the period May, 1981 thru April, 1982 incurred by zhe employer for employees � in this bargaining uni.t. Roofer $17.4$ **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 vacation, ' . holidays and pensiQns for 1983 and less the cost of health and life insurance foz tha period May, 1982 thru April, I983, incurred by the employer for e�ployees in this bargaining unit. Roof er $19.26 If t1� Union elects to have the cont�~ibutions listed in Appendix D ir_creased or decreased., the Employer may ad�ust the above applicable rates for partici- : pating emgToyees in such a way that the total cost of the package (wage rate • plus contributions) reu:�ins constant. � - C2 - APPENDIX D � Effective May 22, 1981, the �IPLOYER sha1.1: (1) contribute $ .98 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMErIT, to a UNION designated �aelfare Fund. (2) contribute $ .50 per hour for all hours worked by participating : employees as def ined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a Pension Fund , (3) contribute $1.00 per hour from which payroll deduction has been made for all hours worked by participating employees as def ined in Articles 12.3, 12.4 and 12.5 covered by this AGREII�fENT, to a Vacation Fund. (4) contribute $ .05 per hour for all hours worked by participating . employees as defined in Articl�s 12.3, 12.4 and 12.5 covered by • this AGREFTiENT, to an Apprenticeship Training Fund. All contributions 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 programs as required by Minnesota Statutes. Participating employees as defined .in Articles 12.3, 12.4 and 12.5 covered by this AGREII�SENT, shall not be eligible for, governed by, or accumulate � vacation, sick leave, holiday, funeral leave, �ury duty, or insurance fringe �bene£its that are or may be established hy Civil Service Rules, Council Ordinsnce, or Coun�il Resolution. • . - D1 - APPENDIX D (contin+i�d) The II�IPLOYER'S fringe benef it obligation to part-±cipating employees as � defined in Articles 12.3, 12.4 and 12.5 is limi.ted to the contributions and/or deductions established by th�.s AGREII4IE14T. The actual level of ben�f its provided to employees shall be the responsibility of the Trustees of tr,e various funds to which the E�'DLOYER ras forwarded contribu�ions and/or deductions. • � — D2 - I N D E X • . : ARTICLE TITLE PAGE Preamble iii I Purpose 1 II ' Recognition 2 III Employer Rights � 3 IV Union Rights 4 ii Scope of the Agreement 5 VI Probationary Periods 6 VII Philosophy of Employment and Compensation 7 VIII Huurs of Work S IR Overtime 9 % Call back 10 %I Work Location . 11 gII Wages and Fringe Benefits t2 %III Selection of Foreman and General Foreman 14 8IV Early Retirement Insurance Benef its 15 BV Holidays 16 RVI Disciplinary Procedures 17 BVII Absences from Work 18 %VIII Seniority 19 � • %IR Jurisdiction 20 1IX Separation and Retirement 21 �I Tools � 22 �CII Grievance Procedure 23 ffiCIII Right of Subcontract 28 �IV Non-Discrimination 29 �V Severability � 30 �VI Waiver 31 �VIg Mileage-Independent School District No. 625 32 IDCVIII Maternity Leave 33 �IX Duration and Pledge 34 Appendix A A1 Appendix B � B1 Appendix C C1 Appendix D D1 � Appendix E E1 Apgendix F F1 � • - i� - . : PREAMBLE � This AGREEMENT is entered into between Indpendent School District No. 625, hereinafter ref erred to as the II�IPLOYER and the International Brotherhood of Electrical Workers, �Local 110 hereinaf ter referred to as the UNION. The EMPLOYER and the UNION concur that this AGREEMENT� has as its ob�ective the promotion of the responsibilitfes of the City of Saiat Paul for the benefit of the general public through effective "�labor-�managment cooperation. The IIKPLOYER and the UNION both realize that this goal depends • aot only on the words in the AGREEMII�IT but rather primarily on at- .titudes between people at all levels of responsibility. Constructive attitudes of the EMPLOYER, the UNION, and the individual employees will best serve the needs of the general public. . , , - iii - . .' � ARTICLE I - PURPOSE 1.1 The IIKPLOYER and the UNIQN agree that the purpose for entering • iato this AGREEMENT is to: I.11 Achieve orderly and peaceful relations, thereby � establishing a syatem of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; 1.12 Set forth rates of pay, hours of work, and other � conditions of employment as have been agreed upon by the EMPLOYER and the UNION; 1.13 Establish procedures to orderly and peacefully resolve disput�s as to the application or interpretation of this AGREEMF�TT without loss of manpower productivity. , 1.2 The EA�LOYER and the UNION agree that this AGREII�IENT serves as a supplement to legislation that creates and directs the II�LOYER. If any part of this AGREEMENT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (SEVERABILITY) . . - 1 - ARTICLE II - RECOGNITION . i _ 2.1 The EMPLOYER recognizes the UNION as the exclusive repreaentatiye , , . I for collective bargaining purposes for all personnel having an ; employment statua of regular, probationary, provisional, temporary, and emergency employed in the classes of positions def ined in 2.2 as certified by the Bureau of Mediation Services in accordance aith Case No. 73-PR-477-A dated April 16, 1973. 2.2 The classes of positions recognized as being exclusively represented bq the UNION are as listed in Appendix A. • � _ 2 - ARTICLE III - EMPLOYER RIGHTS � 3.1 The IIKPLOYER retains the right to aperate and manage all manpower,� facilitiea� and equipment; to establieh fuactions and progrxms; ta eet and amend budgets; to determine the utilization of � technology; to establish and modify the organizational atructure; to select, direct, and determine the number of personnel; and to � perform any inherent managerial function not specifically limited bq this AGREII�iENT. 3.2 Aay "term or condition of employment" not established by this AGREII�IENT shall remain with the EMPLOYER to eliminate, modify, or establish following written notification to the UNION. � • - 3 - , - ARTICLE N - UNION RIG�S _ � 4.1 The F.MPLOYER shall deduct from the wages of employees who authorize � such a deduction in writing aa amount necessary to cover monthly IINION dues. Such monies deducted shall be remitted as directed by the UNION. . 4.11 The IIKPLOYER 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 F.N�LOYER fram any and all claims or charges made against the EMPLOYER as a result of the implementation of this ARTICLE. 4.2 The UNION may designate one (1) employee from the bargaining unit in each department to act as a Steward and shall inform the F�SPLOYER , in writing of such designation. Such employee shall have the rights aad responsibilities as designated in Article 22 (GRIEVANCE PROCEDURE) . 4.3 Upan notif ication to a designated EMPLOYER supervisor, the Business Manager of the UIdION, or his designated representative shall be permitted to enter the facilities of the II�IPLOYER where employees covered by this AGREEMENT are working. - 4 - � . ARTICLE V - SCOPE OF THE AGREEMENT : � 5.1 This AGREEMENT establiehed the "terms and conditions of employment" defined by M.S: 179.63, Subd. 18 for all employees exclusively represented by the UNION. This AGREEMENT shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. • • � - 5 - ARTICLE VI - PROBATIONARY PERIODS • 6.1 All pereonnel, originally hired or rehired following aeparation, 3n a regular employment status shall serve a (6) month's probationary � period during which time the �ployee's fitness and ability to perform the class of positione' duties and responsibilities shall be evaluated. 6.11 At any time during the probationary period an employee may be terminated at the discretion of the F�LOYER without appeal to the provisions of � Article 22 (GRIEVANCE PROCEDURE) . 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a 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) moaths' promotional probationary period during which time the employee's f itness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.21 At any time during the pramotional probationary 'period aa employee may be demoted to the employee's previously held class of positions at the discretion of the IIKPLOYER without appeal to the provisions of � � Article 22 (GRIEVANCE PROCIDURE) . 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 � . demotions, a copy of which shall be sent to the UNION. - 6 - , � ARTIC�E VII - PHILOSOPHY OF IIKPLOYMENT AND COMPENSATION 7.1 The F�IPLOYER 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 Ei�LOYER shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as . found in Article 12 (WAGES AND FRII�IGE BENEFITS) . 7.3 No other compensation or fringe benef it shall be accumulated . � or earned by an employee except as specifically provided for in this AGREEMENT; except those employees who have individually optioned to .be "grandfathered" as provided by 12.2. . _ . • - 7 - ARTICLE VIII - HOURS OF WORK � ° , 8.1 The normal work day ehall be eight (8) consecutive. houre per day� exclud�ng . a thirty (30) minute unpaid lunch period. . 8.2 The normal work week ahall be five (5) consecutive normal work days in any aevea (7) day period. 8.3 Shifta other than the regular daytime shift Monday through Friday may be established. Such shifts must be maintained for a period of at least one (1) work week. The second shift shall be a regularly scheduled shift which follows a regularly scheduled first shift of five (5) hours or greater. The third shift shall be a regularly scheduled shift which follows a regularly scheduled second shi.ft of five (5) hours or greater. 8.4 For employees oa a shif t basis, this sha11 be construed to mean an anerage of forty (40� hours a week. 8.5 This section shall not be construed as, and is not a guarantee of, any hours of work per normal �rk day or per normal work week. � 8.6 An employee normally working on a particular shift maq be transferred • . from tlzat shift to another shif t upon one week's notice; provided, however, that in the eveat of a vacancy, an employee may be assigned to another shift to f ill such vacancy upon 24 hours' notice. 8.7 Al1 employees sha.11 be at the work 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. � � � 8.8 All employees are sub�ect to call-back by the IIKPLOYER as provided bp Article 10 (CALL BACK) . 8.9 bnployees reporting for work at the established starting time and for whom no arork is availabie 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. , 8.10 TEie employer shall be required to give no less than aix and one half (6�) hours notice, when an employee ia to be laid off. .. g - ARTICLE IX - OVERTIl�fE • 9.1 A11 overtime compensated for by the EMPLOYER r�ust receive prior authorization from a designated II�IPLOYER supervisor. No overtime 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 shall be paid for work performed under the following circumstances: 9.21 Time worked in excess of eight (8) hours in any one normal work day and 9.22 Time worked on a sixth (bth) day following a norma.l work week. 9.3 The overtime rate of two (2) times the basic hourly rate sha11 be , paid for work performed under the following circumstances: 9.31 Time worked on a holiday as defined in Article 16 � (AOLIDAYS); 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 compensation overtime hours worked shall not be "pyramided", compounded, or paid twice for the same hours worked. 9.5 Overtime hours worked as provided by this ARTICLE shall be paid a. in cash or in compensatory time. The basis on which overtime shall be paid shall be determined solely by the IIrIPLOYER. Compensatory • time off must be approved by the EMPL�YER. - 9 - ARTICLE X - CALL BACK 10.1. The EMPLOYER retains the right to call back employees before an � employee has started a normal work day or normal work week and after an employee has completed a normal work day or 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 minimum established by 10.2 above. ' 10.4 Employees called back four (4? hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 � (OVERTIME). � - 10 - ART�ICLE XI — WORK LOCATION - � I1.1 Employees shall report to work location as assigned by a deaignated EN�LOYER supervisor. During the normal work day employees may be�assigaed to other work locations at the discretion of the � El�LOYER. 11.2 Employees assigned to work locations during the normal work day, � other than their original assiginnent, -and who are required to ' furnish their own traasportation s'hall be compensated for mileage. . • - 11 - � � ARTICLE XII - WAGES AND FRINGE BENEFITS � � . I - 12.1 The basic houzly wage ratea as established by Appendix C shall be , `p�id for all hours worked by an em�loyee. � � - ' j 12.2 Employees who are covered by the fringe benefits listed below. � � shall contiaue to be covered by such benefits. They shall be ! subject to all other provisions of the AGREEMENT, but shall not f , . ; � have hourly fringe benefit contributions and/or deductions made on � r � their behalf as provided for by Article 12.7 (FRINGE BENEFITS) . ; ' � 12.21 Insurance benef its as established by the City of Saint Paul, � � � 12.22 Sick Leave as established by Resolution No. 3250, Section 20. E � 12.23 In each calendar year, each full-time employee who is eligible for vacation shall be granted vacation according � to the following schedule: � ; � � Years of Service Vacation Granted ' I.ess than S years 15 days � After 5 years thru 15 years 20 days � ° Af ter 15 years and thereaf ter 25 days . . ., Employees who. work less than full-time shall be granted • vacation on a pro rata basis. The above provisions of vacation shall be sub�ect to the Saint Paul Salary Plan and Rates of Compensation, � Section I, Subdivision H. � 12.2G Nine (9) legal holidays as established by the ; i Saint Paul Salary Plan and Rates of Compensation, , Section l, Subdivision I. 12.25 Severance benefits as established by the School District's Severance Pay Plan with a maximum payment of $4,000. 12.3 Regular employees covered by the Fringe Benefits in 12.2 shall - have the right to transfer from this coverage. Employees requesting� �uch transfer shall be considered participating employees and will �no longer be covered by the fringe benefits in 12.2 but shall be - rovered by 12.4. i - �z - ARTICLE XII — WAGES AND FRINGE BENEFITS (continued) � 12.4 Regular employees not covered by the fringe benefits listed i.n � Article 12.2 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 12.7. 12.5 Provisional, temporary, and emergency employees shall be considered, for the purposes of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 12.7. 12.6 Al1 regular employees employed in a title ia this bargaining unit , after February 15, 1974, shall be considered, for the purpose of this AGREII�IENT, participating employees and shall be compensated in accordance With Article 12.1 (WAGES) and ha.ve fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12.7. 12.7 The F.MPLOYER shall make contributions on behalf of and/or make deductions from the wages of employees covered by this AGREEMENT in accordance with Appendix D for all hours worked. • :. 13 - liRTICLE BIII - SELECTION OF FORF2IAN AND GENERAL FOREMAN : . 13.1 The selection of personnel for the claes of .positions Electrician-- � Genezal Foreman and Foreman shall remain solely with the II�iPLOYER. 13.2 The class of positions Electrician--General Foreman and Foreman ahall be filled by employees of the bargaining unit on a "temporary assig�ent". . 13.3 All "temporary assigrnnents" shall be made only at the direction of a designated F�iPLOYER supervisor. 13.4 Such "temporary assignments" shall be made only in cases where the clsss of .positions is vacant for more than one (1) normal vcrk day. . � - 14 - ARTICLE XIV - EARLY RETIRF�IENT INSURANCE BENEFITS • 14.1 For those employees that are covered by the-Fringe Benefits - Article 12, the EMPLOYER will provide life, hospital and medical insurance for rearly retirees who have retired since July 24, 1974, in the same praportionate amounts of premium as provided by II�LOYER for active employees. 14.2 In order to be eligible for the benef its under this early retiree provision, � the employees must: 14.21 Be receiving benefits from a public employee retirement act at the time of retirement. 14.22 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 14.33 Inform the Personnel Off ice of the City of Saint Paul in � �riting with�n 60 days of employee's early retirement date • that he oz she wishes to be eligible for early retiree insurance benef its. 14.3 Notwithstanding any provision of this Article to the contrary, II�LOYER premium payments on behalf of early retirees shall commence June 1, 1977, and shall not be interpreted to apply retroactively or act ia reimbursement. 14.4 Any obligation of the II�SPLOYER to an early retiree as def ined herein shall - cease when such early retiree reaches age sixty-five (65� . • - 15 - . . ARTICLE XV - flOLIDAYS _ 15.1 The following nine (9) days shall be designated as holidays: . New Year's Day, January 1 : • Preeidents' Day, third Monday in February Memorial Day, last Monday in May Independence Day, July 4 'Labor Day, f irst Monday in September Columbus Day, second Monday in October - Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November - Christmas Day, December 25 15.2 When New Year�s Day, Independence Day or 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. For those employees assigned to a a�ork week other than Monday through Friday, these three holidays shall be observed on the calendar date of the holiday. 15.3 The nine (9) holidays shall be considered non work days. I5.4 If, in the judgment of the E1�LOYER, personnel are necessary for operating � o= emergency reasons, employees may be scheduled or "called back" in ' accordaace with Article 10 (CALL BACK) . � � 15.5 Emgloyees covered by the Fringe Benefits in 12.2 and working on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 25.6 Employees not covered by the Fringe Benef its in 12.2 and assigned to work on Presidents' Day, Coltmmbus Day or Veterans' Day shall be compensated on s straight time basis for such hours worked. 15.7 Employees not covered by the Fringe Benefits in 12.2 and assigned to work on New Yearfs Day, riemorial Day, Independence Day, Labor Day, Thanksgiving Day, or Christmas Day shall be compensated at a rate of two (2) times the basic hourly rate for such hours worked.. � 15.8 The day after Thanksgiving Day and the day before Christmas Day shall be � considered work days. All employees working on these days shall be compensated on a straight time basis. ' 15.9 In the case of Board of Education employees, if Presidents' Day, Columbus Day or Veterans' Day fall on a day•when school is in session, the employees shall work that day at straight time and another day shall be designated as • the holiday. This designated holiday shall be a day on which school is not� � in session and shall be determined by agreement between the employee and bis supervisor. - 16 - ARTICLE XVI - DISCIPLINARY PROCEDURES � 16.1 The EMPLOYER shall have the right to impose disciplinary actions � on employees for �ust cause. � � 16.2 Disciplinary actions by the II�PLOYER shall include only the following actions: 16.21 Oral reprimand _ 16.22 Writtea repr3mand 16.23 Suspension ' 16.24 Demotion 16.25 Dischazge � 16.3 Employees who are suspended, demoted or discharged shall have the right to request that such actions be reviewed by the Civil Service Coaission or a designated Board of Review. The Civil Service • Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appeal of a suspension, demotion, or discharge shall be considered a "grievance" for the purpose of processing through the provisions of Article 22 (GRIEVANCE PROCIDURE) . � - 17 - ARTICLE XVII - ABSENCES FROM W�RR . . 17.1 Employees who are unable to report for their normal work day � , hav� the responsibility to notify their supervisor of such abaence as 800n as possible, but ia no event later than the beginning of auch work day. 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (DISCIPLINARY PROCEDURES) . 17.3 Failure to report for work without notification for three (3) consecutive aormal work days may be considered a "quit" by the Et�LOYER on the part of the employee. � � - 18 - ARTICLE XVIII - SENIORITY . � - 18.1 Seniority, for the purposes of this AGREEMENT, shall be defined as follows: 18.11 "Maeter Seniority" - the length of contiauous regular and probationary service with the IIrIPLOYER from the � . last date of employment in any and all class titles ' covered by this AGREF�tENT. 18.Y2 "Class Seniority" - the length of continuous regular . and probationary service with the IIrIPLOYER 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 injury; • is granted to aZiow an employee to accept an sppointment to the � unclassified service of the EMPLOYER or to an elected or appointed fulltime 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 Seniority." F�nployees 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 Iength of "Class Seniority", sub�ect to the approval . of the EMPLOYER. - 19 - ARTICLE XIX - JURISDICTION . 19.1 DiBputes concerning work �urisdiction between and among uaiona: � . is recogaized as an appropriate sub�ect for determination by the various unions representing e�ployees of the IIKPLOYER. 19.2 The II�PLOYER agrees to be guided in the assig�ent of work �urisdiction by any mutual agreements between the �nions involved. 19.3 Ia the eveat of a dispute concerning the performance or assig�ent of work, the unions involved and the IIKPLOYER 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 wcrk as originally assigned pending resolution of the dispute or to restrict the.IIKPLOYER's basic right to assign work. 19.k Auy employee refusing to perform work assigned by the II�LOYER . sad as clarified by Sections 19.2 and 19.3 above shall be sub�ect to disciplinary actioa as provided ia Article 16 (DTSCIPLINARY PROCIDURES). . 19.5 There shall be no work stoppage, slow dowa, or any disruption of work resulting from a work assignment. • — 20 - ARTICLE XX - SEPARATION AND RETIRIIrIENT 20.1 Employees having a probationary or regular employment status � �ha].1 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. 20.12 Retirement. All employees shall retire from employment with the IIKPLOYER no later than the last caleadar day of the month in. which an employee becomes seventy years old. 20.13 Discharge. As provided in Article 16. 20.14 Failure to Report for Duty. As provided for in Article 17. � . � 20.2 Employees having an emergency, temparary, or provisional em lo ent P Ym � status may be terminated at the discretion of the IIKPLOYER be€ore the completion of a normal work day. • � - 21 - ARTICLE XXI - TOOLS 21.1 All employees ahall personally provide themselves with the . � tools of the trade as listed in Appendix E. • . • - 22 - � � • ARTICLE XXII - GRIEVANCE PROCIDURE 22.1 The F�IPLOYER shall recognize Stewards selected in accordance � with UNION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the II�IPLOYER in writing of the names of the Stewaxds and of their successors when so named. � 22.2 It is recognized and accepted by the IIKPLOYER and the UNION tbat the processing of grievances as hereinafter provided is limited by the �ob duties and responsibilities of the employees aad shall Lherefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed. during working hours, • provided, the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the F.MPLOYER. 22.3 The procedure established by this ARTICLE shall be the sole and eaclusive procedure, except for the appeal of disciplinary action as provided by 16.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of . this AGREEMFNT. � 22.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this � AGREEMFNT, the employee involved shall attempt to resolve the matter on an informal basis with the - 23 - : ARTICLE RXII - GRIEVANCE PROCIDURE (CONTINUED) . - -employee's supervisor. Zf the matter is not resolved � ' te the employee's satisfaction by the inforinal discussion , it may be reduced to writing and referred to Step 2 by the UiJION. The written grievance shall set forth the aature of the grievance, the facts on which it is based, the alleged sections(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the . AGREEMENT not reduced to writing by the UNION within � eeven (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 Z. Within seven (7) calendar days af ter receiving the written grievance a designated IIKPLOYER 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 vriting to Step 3 within seven (7) calendar days following " teceipt of the II�iPLOYER's written answer. Any grievance � aot referred in writing by the UNION within seven (7) . calendar days following receipt of the II�iPLOYER's answer ehall be considered waived. � - 24 - ARTICLE XXII - GRIEVANCE PROCIDURE (CONTINUED) Step 3. Within seven (7) calendar days following receipt of a � grievance referred from Step 2 a designated� F23PLOYER , 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 II�iPLOYER 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 ref erred to in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the El�LOYER'S answer shall be considered waived. • Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days af ter the response of the II�LOYER in Step 3, by written notice to the .EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an 8rbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) calendar days after notice has been given. If the parties � fail to mutually agree upon an arbitrator withia the � said seven (7) day period, either party may request the Public Employment Relations Board to submit a . - - 25 - ARTICLE XXII - GRIEVANCE PROCEDURE (CONTINUID), . panel of five (S) arbitrators. Both the F24PLOYER . . and the UNION shall have the right to strike two (2) names from the panel. The Union shall strike the first (lst) name; the II�LOYER shall then atrike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator ahall have no right to amend, modify, nullify, ' ignore, add to, or subtract from the provisions of this AGREEMETIT. The arbitrator shall consider and decide only the specific issue submitted in writing by the F.[�'LOYER and the UNION and shall have ao authority to make a decisfon on any other issue not so submitted. 3'he arbitrator shall be without power to make decisions ' coatrary 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, 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 eacpress tenas of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be f inal and - binding on the EMPLOYER, the.UNION, and the employees. . � - 26 - ARTICLE XXII - GRIEVANCE PROCEDURE (CONTINUID) � 22.6 The feea and expenaes for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representative and witnesses. If either party 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 deaires 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 II�LOYER and the UNION. • . � - 27 - 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 eanployees covered bq this AGREII�IENT. In the eveat that such contracting would reault in a reduction of the work force covered by this AiGREEMENT, the II�LOYER shall give the UNION a ninety (90) calendax day notice of the intention to sub-contract. 23.2 The sub-contracting of work done by the employees covered _ bq this AGREIIrIENT shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. • . � - 28 - ARTICLE XXIV - NON-DISCRIMINATION � • 24.1 The terms and conditions of thia AGREEMENT will be applied to employees equally without regard to� or discrimination for or against, aay individual because of race, color� creed, sex, age� or because of inembership or non-membership in the UNION. 24.2 Employees will perfoYm their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities . involve other miployees and the general public. • . - 29 - i : . ; . - ( - . I . ARTICLE lIXV - SEVERABILITY � ; 25.1 Ia the event that any provision(s) of this AGREII�iT is declared � to be contrary to law by proper legislative, administrative, or i �udicial 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 writtea notice, enter into negotiations to place the voided provisions of the AGREF�IENT in compliance with the legislative, administrative, or �udicial determination. • • - 30 - ARTICLE 7IXVI - WAIVER ! 26.1 The E�IPLOYER and the UNION acknowledge that during the meeting and negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any - subject concerning the terms and conditions of employment. The agreemeats 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 AGREF:MENT agree that the other party shall not be obligated to meet aad negotiate over any term or conditions of employment whether specifically covered or not specifically covered by this AGREII�ENT. The UNION and EMPLOYER may, however, mutually Sagree 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 AGREIIKENT, are hereby superseded. • � - 31 - ARTICLE XXVII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625 � 27.1 Employees of the School District under policy adopted by the � Board of Education may be reimbursed for the use of their auto- mobiles for school business. To be eligible for such reimburse- ment, employees must receive authorization from the District Mileage Committee utilizing one of the following plans: ' PLAN "A" is reimbursed at the rate of 19C per mile. In addition, a maximum aaount which can be paid per moath is established by an estimate furnished by the employee and the employee's supervisor. ' Another consideration for establishing the maximum amount can be the experience of another working in the same or similar position. Oader this plan, it is necessary for the employee to � keep a record of each trip made. PLAN "C" grovides for reimbursement based on a per month "lump sum" amount. This amount is_ determined by the employee's driving experience under Plan "A" for a period of 3 to 6 months. Those employees • receiving-an auto allowance under this plan must report monthly the number of days the car was avail- - 8ble during the month. A deduction must be made from the lump sum amount for each day the employee is on vacation. A deduction need not be made for an occasional day of illness or for holiday. . � - 32 - ARTICLE XXVIII - MATERNITY LEAVE � 28.1 Maternity Leave. Maternity is defined as the physica]. state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the employer may approve such leave at its option, and such leave maq be no longer than one (1) year. . � - 33 - ARTICLE XXIX - DURATION AND PLEDGE � 29.1 This agreement shall become effective as of May 2, 1981, and shall remain in effect through the 30th day of April, 1982, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 29.2. . 29.2 If either party desires to terminate or modify this AGREEMENT, effective as of the date of expiration, the party wishing to ' modify or terminate the AGREEMENT shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided, that the AGREEMENT may only be so terminated or modified effective as of the expiration date. 29.3 In consideration of the terms and conditions of employment �. � established by this AGREEMEN� and the recognition that the GRIEVANCE.PROCIDURE herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the AGREIIKEDIT: 29.31 The UNION and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment. . • � - 34 - ARTICLE }►XIX - DUItATION AND PLI:DG� (continucd) . � � 29.32 The FMPI.OYER will not en�age in, insti�utc, or � condonc: any lock-out of employees. � 29.33 This constitutes a tentative ngreement between the parties which will be recommended by the School Board Negotiator, but is sub�ect to the approval of the Board of Education and is also sub�ec t to ra tif ica tion by �the UNION. . AGREED to this�a�day of �• � 1981, and attested to as the full and complete understanding of the parties for fhe period of time herein .specif ied by the signature of the following representative from the II�IPLOYER and the UNI0,1. � WITNESSES: � � �' INTERI�ATIONAL BROT1iERH00D OF � � I ENT SCHOOL DISTRICT N0. 625 ELECTRICAL WORICERS, LOCAL 110 � BY: BY: _ . .� Scho 1 Board Negot ator usiness ranager BY: BY: Superintendent, ISD 625 - 35 - �J � APPENDIX A � The classes of positions recognized as being exclusively represented by the UNION are as follows: � Electrician--General Foreman � Electrician--Foreman Electrician � Apprentice Electrician � Senior Electrical Znspector Electrical Inspector and other classes of positions that may be established by the II�LOYER where the scope of the work duties and responsibilities assigned comes within the jurisdiction of the UNION. � • — A1 — . APPENDIX B � For all narmal work weeks established pursuant to the provisions � of Article VIII of this contract, which includes Sunday� the following provisions shall apply and govern: 1. All regular electricians employed prior to January 1, 197b sha�l be offered assigr�ment to the work week on a seniority • basis, and all such employees shall have the right to refuse ' assignment to the workweek. This refusal is sub�ect to the provisions listed below. 2. Al1 regular electricians employed subsequent to January 1, . 1976 may be assigned to vacancies in this work week. 3. All regular electricia.ns shall �iave the right to bid on and obtain assignment of a position occupied bq an electrician with lesser class seniority within 30 calendar days from the date that said position was last f illed. 4. Any regular electrician may be assigned, on a temporary basis, to the workweek, to replace an electrician who is absent : because of vacation, illness, paid military leave, 3ury duty ar anq other leave acceptable to both parties. These tem- � pozary assig�nents shall be made on the basis of seaiority and • in no iustance shall any one employee be required to work on such temporary basis for more than 15 work days or the total . temporary assignment to exceed 90 work days. . � - Bl - APPENDIX C � - The basic hourly wage rate for provfsional, regular and probationary employees appointed to the following classes of positions who are not covered bq the provisions of Article 12.2. Effective � 5-02-81 Electrician-General ForEman . . . . . . . . . . . $15.99 Electrician-For�an . . . . . . . . . . . . . . . $15.22 Electrician . . . . . . . . . . . . . . . . . . . $14.07 . � Senior Electrical Inspector . . . . . . . . . . . $15.99 . Electrical Inspector. . . . . . . . . . . . . . . $15.22 The basic hourly wage rate for temporary and emergency employees appointed to the following classes of .positions shall be: . Effective " • 5-02-81 Electrician-General Foreman . . . . . . . . . . . $16.53 Electrician-Foreman . . . . . . . . . . . . . . . $15.83 Electrician . . . . . . . . . . . . . . . . . . . $14.63. Electrical Inspector. . . . . . . . . . . . . . . $15.83 �enior Electrical Inspector . . . . . . . . . . . $16.63 _Apprentice Electrician 0 - 6 months . . . . . . . . . 45�G of Electrician Rate 7 - 12 months . . . . . . . . . 509� of Electrician Rate 13 - 18 months . . . . . . . . . SSy of Electrician Rate 19 - 24 months . . . . . . . . . 601' of Electrician Rate 25 - 30 months . . . . . . . . . 65X of Electrician Rate 31 - 36 months . . . . . . . . . 75°6 of Electrician Rate 37 - 42 moaths . . . . . . . . . 80�6 of ElectricYan Rate 43 - 48 months . . . . . . . . . 85� of Electrician Rate � . � - Cl - t g . � _ . _ . � • . APPENDIX C (continued) s The basic hourly wage rate for regular employees appointed to the following � classea of positions� who are covered by the provisions of Article 12.2 of this AGREEMENT, shall be: � � � Effective ; � 5-02-81 � � . Electrician-General Foreman . . . . . . . . $16.56 i . i ' _ � Electrician-Foreman . . . . . . . , . . . . $15.75 ` Electrician . . . . . . . . . . . . . . . . $14.SS : • = Senior Electrical Inspector . . . . . . . . $16.56 ; Electrical Inspector. . . . . . . . . . . . $15.75 ; _ Apprentice Electrician (Hired prior to March 16, 1974) . . . . . $12.37 � Employees who work on a regularly assigned shift, beginning earlier than ; 6 a.m. or ending later than 6 p.m. , provided that at least five hours of the • 4 shift are worked between the hours of 6 p.m. and 6 a.m. , there shall be paid a night differential for the entire shif t. ' Fmployees who w�ork on a regularly assigned shif t, beginning earlier than ; ' 6 a.m. or ending later than 6 p.m. , but less than five hours of the shift are � : worked between the hours of 6 p.m. and 6 a.m., there shall be paid a night ; differential for the hours worked between the hours of 6 p.m. and 6 a.m. = The night differential shall be 5� of the base rate, and shall be paid only " � � � for those night shif ts actually worked. � � s � � � . - � � t # � - C2 - � } f . 3 - APPENDIX D : � Effective May 2� 1981, xhe IIKPLOYER shall: (1) Contribute 5.125X of the gross wages eamed by participating eanployees as defined in Articles 12.3, 12.4 and 12.5 covered by this Agreement, to a Union designated Health and Welfare Fund. (2) Contribute 3x of the gross wages earned by participating employees as defined in Articles 12.3, 12.4 and 12.S .covered by this Agreement, to a Union designated Pension Fund. �(3) Contribute .25� of the gross wages earned by participating employees as def ined in Articles 12.3, 12.4 aad 12.5 covered by this Agreement, to a Union designated Apprenticeship Traiaing Fund. (4) Contribute .25% of the gross wages earned by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this Agreement, � to a Union designated Seniority Fund. (S) Contribute 3.SA of the gross wages earned by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this Agreement, to a IInion designated Reserve Trust Fund. (6� Contribute 3� of the gross wages earned by participating employees as defined fn Articles 12.3, 12.4 and 12.5 covered by this Agreement to the Union's designated National Employees Benef it Fund (N.E.B.F.) . (7� Contribute 7'�% of all wages earned by participating employees as def ined in Articles 12.3, 12.4 and 12.5 covered by this Agreement, � to a Union designated Vacation and Holiday Fund. This contribution � is sub�ect to all payroll deductions. • - D1 - i �. - . . . . . . - � - . . . � . . . . � - . � AFPENDIX ��D�� (COatiIltled) i ' . Effective May 2, 1981, the Employer shall: � Coatribute $ .50 per hour foz all houra worked by participating emploqees as defined in Articles 12.3, 12.4 and 12.5 covered by this Agreement, to a Union designated Annuity Fund. The F.MPLOYER shall establish Worlmian's Compensation and Unemployment j Compensation programs as required �by Minnesota Statutes. Participating �playees as defined in Articles 12.3, 12.4 and 12.5 covered bq this AGREII�iIIVT shall not be eligible for, governed by, or accumulate vacation, sick leave, holiday, funeral leave, �ury duty, or insurance fringe , benefits that are or may be established by Personnel Rules, Council Ordinance, or Council Resolution. � The F.MPLOYER'S fringe beaefit obligation to participating employees covered bp this AGREIIKIIVT, as defined in Articles 12.3, 12.4 and 12.5 is limited solely to the contributions and/or deductions established by this AGREEMENT. The actual level of benefits provided to employees shall be the responsibility of the trustees of the various funds to which the IIKPLOYER has forwarded contributions and/or deductions. � -- D2 - APPENDIX E . Pocket Tool Punch and Belt - .6" Rule 9" or 10" Aluminum Level 8" Side Cutters Crimping Tool 10" Crescent Wrench , Combination Box-Open End Wrenches 3/8" - 3/4" Socket Set of equivalent sizes Cold Chisel and Center Punch Taps 6/32 - 8/32 - 10/32 - 10/24 - 1/4 20 Tap Wrench . -File Rasp -12" 1/2 Round and Rat Tail . Back Saw 12" Blade Screw Drivers 4" - 8" - 12" Reg. Slot and 4" and 6" Phillips Flashlight Tester, 600 v. Solenoid Type --Combination Square Raif e 7�ong Nose Plier Diagonal Cutting Pliers 2 Ysir Channel Locks � 14" Pipe Wrench or Chain Wrench �llen Wrenches Iistmmer, Ball Peen • . - El - _ __ : APPENDIX E . (CONTINUED) � Scratch Awl • Drills - in accordance with Tap sizes 9/32 and 3/8 �Fuse Puller Angle Sczew Driver Tool�Box to hold the above tools The F.hIl'LOYER shall furnish all oth�r necessary tools or equipment. • Emploqees will be held responsible for tools or equipment issued to them, providing the II�LOYER furnishes the necessary lockers� "gang box" or other safe place far storage. The EI�LOYER shall replace with similar tools of equal value and quality any of the above listed tools which are turned in by an employee which are no � loager serviceable because of wear or breakage, providing the employee has been � _ employed for nine (9) continuous months or more: • - E2 - APPENDIX F . � - WORKING CONDITIONS FOR SENIOR ELECTRICAL INSPECTORS �. AND ELECTRICAL INSPECTORS As a result of the 1974 settlement, the Parties have established � craft-determined rates for Senior Electrical Inspectors and for . Electrical Inspectors, with the specific understanding that such agreement is restricted to establishing rates of pay for such clas- sifications. It is, consequently, agreed that the Employer in applying Article III - II�LOYER RIGHTS - of the MAINTENANCE LABOR AGREEME�IT, shall have the � right to operate the Department in the same manner as heretofore, with management rights unaffected, and that the establisl:ment of . separate rates for these classif ications as well as for Inspector classifications in other Bargaining Unit�, may not result in disputes over assig�ents or over rates of pay for worlc performed, nor will any jurisdictional claims or restrictions be asserted by the Union because members of various Inspector classifications are assigned to �rork 'which is also performed by other Inspector classifications. � . - F1 - - Do not detach this memorandum from the f �� e ��/-a5�3 resolution so that this information will be EXPLANATION OFe�DMINI�TRA��VE ORDERS, #'ii►.((]�f�� RESOLUTIONS, AND ORDINA�iCES Date: Novembe r 25, 1981 T0: MAYOR GEORGE LATIMER FR: Personnel Office ��G�N�� RE: Resolutian for aubmission to City Council �� `� 1981 ACTION REQUESTED MAYORS OFFICE We recommend your approval and submission of this Resolution to the City Council. PURPOSE AND RATIONALE FOR THIS ACTION This R.esolution approves the Agreements between Independent School District No. 625 and the Electricians Local 110, Cement lv�asons Local No. 560, and Roofers Local No. 96. The change s in the se contracts include the deleia.on of the R�sidency Article, the deletion of tlie Mandatory Reti.rement Arti.cle, and Wages. The wage settlements are based on t1�.e respective outside Union settlements. 't FINANCIAL IMPACT None to the City. These Contracts apply only to Independent 5chool District No. 625. ATTACfIlKENTS: Resolution, Contract and copy for the City Clerk. :,�� :�; , . CI�'Y ��' �AT_NZ' JPAUL �� ,;,. _.�:�. �%• �� `�T.� pF�'XCE O�' T�'�• CZTY GtiUNCZL .' "S .'�v iY-� :.:1�.t��.� 't. � . . ��.�� . �•�-, r,�� +��'" ;. ._,�jlta f_�i.:�f. . L� ..r:i �i� ' �� ' ' :5�"� ,;�y �� ,:; . Dafie : January 7, 1982 ,.;�":��y�`z��.K `�- _y. •� Ci lJ �� '•�� i i� t.��.. � � � �" � i�� TO : Sdin� Pe�u1 City Cvunci ! �� O � � C O i?�Yt`i t�� O I'1 FINANCE, r�w�c��r � PE�so�r:�r�:r, - George I�1cI�lahon , chairman, makes ihe follo�ing report on C.F. ' --[� Qrdinance (9) � Resolution . �] Oth er � Ti�"LE : �t its meeting of January 7, 1982, the Finance Conunittee reconunEnded anproval of - the fol].owing: _ � -- L Resolution a��proving appropriation frbm. rlunicipal State �id Street 1�unds for improving railroad crossi.ng on Randol.ph and Toronto. (12553-(�1) - 2. Resolution approvino Shuttle Service Contract Fxtension. 3. Resolution appro��ing method for payment oF severance pay. (I2552-��) 4. Resolution approving Agreements between ISD #625 and the Electricians Local 110, � Cement 1�lasons Local #560 �u�1 Roofers Local #96. (12540-�1) . S. Resolution ap�roving 1931-1983 Agreements betcaeen Ci.ty, ISD #625 and Glazi.ers � Local #1324. (12539-GNi) 6. Resolution apI�roving 1982-1.983 Memorandwn of Understanding applying to the � Givic Center Stage Employees. (12538-(T1) � - 7. Resolution chan�ino ;rade oE Parking I��Ieter 1�1oni.tor from Grade 15 to Grade 17. - � (12545-(�1) 8. Resolution chang:in� grade of Parking Meter Tlonitor Supervisor from Grade 19 ta Grade 21. (12542-C�9) 9. Resolution re��lacing class specif.ication and revising nli.nimwn c{tialificat.ioiis for titles of Project i�lanagement Tec}inician and Project M�Zager I. (12564-('��1) (C�ONI'INUED . . .) CITY H�LL SEV£NTF� FLOOR . SAI�JT PAUL, 11Iti�ESOT� 5�102 l • '-�-?�:_;