279490 N'HITE - CITV CLERK COUIICII 2'7949�
� PINK - FINANCE G I TY OF SA I NT PAUL
CANARV - DEPARTMENT �
BIUE - MAVOR File NO.
Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, that the Council of the City of Saint Paul hereby
approves and rati.fies the attached 1982-1983 Maintexzance Labor
Agreement between the City of Saint Paul and the Boilermakers
Union, Lodge 647.
Approved:
Chai rman
Civil Service Commission
COU[VCILMEN
Yeas Nays Requested by Department of:
F�etcher � PERSO N L OF CE
�ev�ne In Favor
Masanz
Nicosia
Scheibel _ � __ Against BY -
�7+s�C0
lYflire��'
NOV 2 3 �982 Form A roved y Ci tor y
Adopted by Council: Date
.
Certified Pa d y ounc'I Se tar BY _
sy �"-'�O �
l�lpproved y : or: Date OV 2 6 1982 Ap e y Mayor for Submi ion o Council
By ii�fi�v�'� B
PUBLISHED �� 4 1982
_ ���� ..
, DEt'ARTMENT: �'ersonn.elOffice
- CQNTACT; $ernard Wright
ROUTING ayn EXPLANATION SHEET pNONE: 298-4221
(CREEN SHEET)
For Administrative Orders, Resolutions, Ordin es and Agreemeats �°� �� + 1
� �
ROUTING ORDER - ROUTE BY ASSIGNED NUMBER:
1 Civil Se r;vice Commi s sion (;� ' " ` ;��2 ! �
DI TOR OF MANAGEMENT
3 MA f�a���� ���=fcE
DEPARTMENT DIRECTOR DIRECTOR, FINANCE S MGT. SERVICES
2 CITY ATTORNEY 4 CITY CLERK
BUDGET DtRECTOR
AGTION RE�LESTED �GLIP ALL LOCATIONS FOR MAYORAL SIGNATURE);
We recommend youx approval and submission of this Resolution to the City Council.
WHAT NIJL BF ACHIEVED BY TAKING ACTION ON THE ATTAGHED MATERiALS �PIJRPOSE AND RATtONALE)�:
This resoluti.on approves a two year Agreement between the city and the Boilerma.kers,
Lodge 647. Change s in the Agreement i,n.clude the followi.n.g:
1. Hours of work - delete speci�.c hours
2. Ove rtime - allowi.ng ove rtime to be paid in ca sh o r compen sato ry ti.me.
3. Selectia� of Foreman - delete
4. Retirement - delete
5. Seniority - Allowing rei.nstatement only to titles previously held.
6. Wages: July, 1982 $1.40 per hour (1. 15 wages/. 25 fringes)
July, 1983 $1.40 pe r hour (1. 225 wage s/. 175 fringe s)
Thi.s wage inc re a se i s ba se d on the Uni on's out side se ttlement.
FINANCIAL IMPAC T:
July, 1982 thru June, 1982 $5, 824.
July, 1983 thru June, 1984 $5, 824. �
ATTACHMENTS �LIST ALL ATTACHMENTS):
L R.e soluti.on
2. Copy for City Cle rk
3, 1982-1983 Maintenance Labor Agreement {City & Boilerma.kers)
, e.aee nev.cew neceaa.c.ty on a.ttac e►Lt o .tne oo w<.ng aupnon,tcng ocume,�Ls
Depanfinarit : - C.i.tN Aztonney:
T. Counc.i,e Reso.�wU:on Requ,ih.ed? YES NO 1. Rebo.euZi.on? yES �VO
2. In.awtance Req;win.ed? yES NQ 2. Inawtance SubS.i.c,i.en.t? yFS N�
3. Inaurtance A.ttached? YES NU
Revisian U�i:4<29/82
4 � 1
������
\
�
1982 - 1983
MAINTENANCE LABOR AGREEMENT _
- between -
THE CITY OF SAINT PAUL _
: - and -
INTERNATIONAL BROTHERHOOD OF BOILERMARERS,
IRON SHIPBUILDERS, BLACKSMITHS, FORGERS AND HELFERS,
LODGE 647
INDEX
ARTICLE TITLE PAGE
Preamble iii
�
I Purpose i
II Recognit�.on �
TIT Employe� Ri�ht� � �
IV Union. Rights 4
V Scope of Agree�nent 5
VI Probationary Periods 6
VII � Philosophy of Employment and Compeasat3on 7
VIIT Hours of Work �
IX Overtime g
g Ca11 Back ��
RI Work Location �Z
SII Wages ��
FIII Fringe Benefits �4
XiV flolidays �5
XV Discipliaary Procedures 16
�tVI Absences From Work Y7
XVII Seniority 1�
XUZII Jurisdiction 19
XIX Separation ZQ
X�L Tools 21
XXI Grievance Procedure �Z
�II R3.ght of Subcontract 27
XXIII Non-Discrimination 28
XXIV Severability 29
XXV Waiver 3�
XXyI City Mileage Plan 3I
XXVII Duration and Pledge 32
Appendix A A1
APPendix B BI
Appendix C C1
APP�ndix D DT
- ii -
PREAMBLE ����
This AGREEMENT is entered into between the City of Saiat Paul,
hereinafter referred to as the IIKPLOYER and the Interna.tional Brotherhood
of Boilermakers, Iron Shipbuilders, Blacksmiths, and Helpers, Lodge 647,
hereinafter referred to as the UNION.
The EMPLOYER and the UNION concur that this AGREIIKENT has as its
ob�ective the pramotion of the responsibilities of the City of Saint Paul
for the benefit of the general public through effective labor-management
cooperation.
The F.MPLOYER and the UNION both realize that this goal depeads
not only on the words in the AGREEMENT but rather primarily on attitudes
between people at all levels of responsibility. Constructive attitudes of
the City, the UNION, and the individual employees will best serve the needs
of the geaeral public.
- iii -
ARTICLE I - PURPOSE
1.1 The EEhiPLOYER and the UNION agree that the purpose for entering into
this AGREEMENT is to:
1.11 Achieve orderly and peaceful relations, thereby
es�ablishing � sys�em �f unint�rrupted operat3.ons
and the highest level of employee performaace that
is consiateat with the safety and well bein� of all
� concerned;
l01.2 Set forth rates of pay, hours of work, aud other
conditions. of employment as have been agreed upon
by the �MPLOYER and the UNION;
1.13 Establish procedures to orderly and peacefully resolve __
disputes as to the application or interpretation of `
this AGREFMENT without loss of manpower productivity.
9..2 The II�LOYER and the UNION agree, that this AGREEMENT serves as a
supplemeat to legislation that creates and directs the EMPLOYER. If
any part of this AGREEMENT is in c.onflict with such legislation, the
latter shall prevail. The parties, on written notice, agree to
n�gotiate that part in conflic� so th�t it canfo�ms to the statut�
as grovided by Article 24 (SEVERA.BILITY) .
_ 1 _
� � � �� � �
ARTICLE II - RECOGNITION
2.1 The EhIPLOYER recognizes the UNION as the exclusive representative
for collective bargaining purposes for all personnel having an
�
employment status of regular, probationary, provisional, temporary,
l
" and emergency employed in the classea of positions defined in 2.2
as certified by the Bureau of Mediation Services in accordance with
Case No. 74-PR-60 A dated August 8, 1973.
2.2 The classes of positions recognized as being exclusively represented
by the UI3ION are as listed in Appendix A.
- 2 -
ARTICLE III - EMPLOYER RIGHTS
3.1 The F�IPLOYER retains the right to operate and manage all manpower,
facilities, and equipment; to establish functions and prog�ams;
to .set and amend budgets; to determine the util�zatioa of. technvlogy; �`
�o establish ax�d ffiodi.�� the organizatiaa�a�. stru�.tux�e� �a se].ec�, r
direct, and determine the number of personnel; and to perform any
iaheseat managerial function not specificall.y limited by this
AGREEhiENT.
3.2 Aay "term or condition of employment" not established by this
�GREEMENT shall remaia with the EMPLOYER to elimi.nate, modify, or
establish following writtes notification to the UNION.
- 3 �
ARTICLE IV - UNION RIGflTS
4.1 The EMPLOYER shall deduct from the wages of employees who authorize
such a deduction in writing an amount necessary to cover monthly
UNION dues. Such monies deducted shall be remitted as directed by
the UNION.
4.11 The EMPLOYER shall not deduct dues from the wages of
emplcqees covered by this AGREEMENT for any other
labor organization.
4.12 The UNION strall indemnify and save ha�less the
EMPLOYER 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
to act as a Steward and shall inform the EMPLOYER in writing of such
designation. Such employee shall have the rights and responsibilities
as desigaated i.n Article 21 (GRIEVANCE PROCIDURE} .
4.3 IIpon notification to a designated EMPLOYER supervisor, the Business
Ma,nager of the UNION, or his designated representative sha.11 be
pesmitted to enter the facilities of the F.MPLOYER where employees
covered by this AGREEMENT are working.
- 4 -
ARTICLE V - SCOPE OF THE AGREEMII3T
5.1 This AGREEMENT establishes the "terms and conditions of employment"
defined by M.Se 179.63, Subd. 18 for all emgloyees exclusively
represented by the UNION. This AGREEMENT sha11 supersede such
"terms and conditions of employment" established by Civil. Service
Rule, Council Ordinance, and Council Resalution.
.
�
- 5 - ,,
ARTICLE VI - PROBATIONARY PERIODS 2�9�9O
6.1 All personnel, originally hired or rehired following separation, in a
regular employment status shall serve a six (6} month's probationary
period during which time the employee's fitness and ability to perform
�
the class of positions' duties and responsibilities shall be evaluated.
,
6.11 At any time during the probationary period an
employee may be terminated at the discretion of the
Employer without appeal to the provisions of
Article 21 (GRIEVANCE PROCIDURE) .
6.12 An employee terminated during the probationary period
shall receive a written notice of the reason(s) for
such termination, a copy of which shall be sent to the
UNION.
6.2 All personnel promoted to a higher class of positions shall serve a
- siu (6) months' promotional probationary period during which time
the employee�s fitness and ability to perform the class of positions'
duties and responsibilities shall be evaluated.
6.21 At any time during the promotional probationary period
an employee may be demoted to the employee's
previously held class of positions at the discretion of
the EMPLOYER without appeal to the provisions of
Article 21 (GRIEVANCE PROCIDURE) .
6.22 An employee demoted during the promotional probationary
period shall be returned to the emploqee'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 F,MPLOYMENT AND COMPENSATION
7.1 The F.MPLOYER and the UNION are in full agreement that the
philosophy of employment and compensation shal� be a "cash"
R
hourlq wage and "industry" fringe benefit system.
>
7.2 The EMPLOYER shall compensate employees for all houra worked
at the basic hourly wage rate and hourly fr�nge ben�fit rate as
found in �irticlea 12 (WAGES) and 13 (FRINGE BENEFITS) .
7.3 No other compensation or frixige benefit shall be accumulated or
earned bq an employee except as speci.fically pronided for in this
!�G'ItEF�IENT; except those employees who have individually optioned
to be "grandfathered" as provided by 12.2.
,. � _
ARTICLE VIII - HOURS OF WORK
8.1 The normal work day shall be eight (8) consecutive hours per day,
excluding a thirty (30) minute unpaid lunch period�
�
8.2 The normal work week shall be five (5) consecutive normal work days�
Monday through Friday.
8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER'S
judgment to establish second and third shifts or a work week of other
than Monday through Friday, the UNION agrees to enter into negotiations
immediately to establish the conditions of such shifts and/or work weeks.
8.4 This section shall not be construed as, and is not a guarantee of, any
hours of work per normal work day or per normal work week.
8.5 All employees shall be at the location designated bp their supervisor,
ready for work, at the established starting time and sha11 remain at an
assigned work location until the end of the established work day unless
otherwise directed bq their supervisor.
8.6 All employees are sub3ect to call-back by the II�LOYER as provided by
Article 10 (CALL BACK).
8.7 Employees reporting for work at the established starting time and for
whom no work is available shall receive pay for two (2) hours, at the
basic hourly rate, unless notification has been given not to report
for work prior to leaving home, or during the previous work day.
- 8 -
ARTICLE IX - OVERTIME
9.1 All overtime compensated for by the EMPLOYER must receive prior authori-
zation from a designated EMPLOYER 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 TIze overtime rate of one and one half (1'�� the basic hourly rate shall be
paid for work performed under the following circumstaaces:
9.21 Time worked in excess of eight (8) hours in any one
aormal work day and
9.22 Time worked on a sixth (6th� day followin.g a normal
work week.
4.3 TIi� overtime rate of t�zo (2� times the basic hQUrly rate shall be paid
for work perforated undex the following circumstances:
�.31 Time worked on a holida�r as defined in Article 14
(HOLIDAYS);
3..32 Time worked on a seventh (7th) day following a norinal
worYc we.ek; and
9..33 Time worked �n excess of twelve (12� consecutive hours
ia a twenty-faur (24) hour period, provfded, that all
'�emergency" work required bq "Acts of God" shall. be
compensated at the rate of one and one-half (I'�) .
�.4 gor tfie purposes of calculating overtime compensation overtima hours worked
sl�ll not be "�yramided", compounded, ox paid twice for the same hours worked,
;
Q.5 Qvertime.hours worked as provided by this ARTICLE shall be paid in cash
or.com�ensatory time.at. ttie option of the Employer.
- s -
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 ia
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) . �
t
- 10 -
ARTICLE XI - WORK LOCATION
11.1 Employees shall report to work location as assigned by a designated
EMPLOYER supervisor. During the normal work day employees may be �
assigned to other work locations at the discretion of the II�LOYER.
>
11.2 Employees assigned to work locations during the normal work day,
other than their origiaal assignment, and who are required to furnish
their own transportation shall be compensated for mileage.
- 11 -
� ARTICLE XII - WAGES ���a�
12.1 The basic hourly wage rates as established by Append3.x C shall be paid
for all hours worked by an employee.
12.2 Employees who are covered by the fringe benefits listed below shall continue
to be covered by such benefits. They shall be subject to all other pro-
visions of the AGREEMENT, but shall not have hourly fringe benefit contri-
butions and/or _deductions made on their behalf as provided for by Article
� 13 (FRINGE BENEFITS) .
12.21 �nsurance benefits as established by City of Saint Paul
Resolutions.
12.22 Sick Leave as established by Resolution No. 3250,
Section 20.
12.23 Vacation as established by Saint Paul Salary Plan and Rates
of Compensation, Section 1, Subdivision H.
12.24 Nine (9) legal holidays as established by Saint Paul Salary
Plan and Rates of Compensation, Section I, Subdivision I.
12.25 Severance benefits as established by Resolution No.
11490 with a maximum paymeat of $4,000.
12.26 The EMPLOYER will for the period of this AGREEMENT
provide for EMPLOYEES working under the title of General
Blacksmith who retire after February 25, 1977, and
until such EMPLOYEES reach s3xty-five (65) years of
age such health insurance benefits as are provided by
the EMPLOYER.
12.27 In order to be eligible for the benefits under the
provision of 12.26 the IIKPLOYEE 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 -
ARTICLE XII - WAGES (continued)
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 benefit contributions and/or deductions made on their
�ehalf as provided for by Article 13 (FRINGE BENEFITS) .
12.4 Provisional, temporary, and emergency employees shall be considered, for
the purposes of this AGREEMENT, participating employees and shall be
compensated in accordance with Article 12.1 (WAGES) and have fringe
benefit contributions and/or deductions made in their behalf as provided
for by Article 13 (FRINGE BENEFITS) .
12.5 All regular employees employed after February 15, 1974, shall be `
considered, for the purpose of this AGREEMENT, participating employees
and shall be compensated in accordance with Article 12.I (WAGES) and
hane fringe benefit contributions and/or deductions made on their behalf
as provided for by Article 13 (FRINGE BENEFITS) . .
- 13 -
ARTICLE XIII - FRINGE BENEFITS
13.1 The 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.
,
- I4 -
ARTICLE XIV - HOLIDAYS
14.1 The following nine (9) days shall be designated as holidays:
New Year�s Day, January 1
Presidents' Day, Third Monday in February ,
Memorial Day, last Monday i.n May
Independence Day, July 4 �
Labor Day, first Monday in September
Columbus Day, second Monday in October
Veterans' Day, November 11
Thanlcsgiving Day, fourth Thursday in November
Christmas Day, Deeember 25
14.2 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 Ssturday,
the preceding Friday shall be considered the designated holiday.
14.3 The nine (9) holidays shall be considered non-work days.
14.4 If, in the �udgment of the EMPLOYER, persoanel are necessary for
operating or emergency reasons, employees may be scheduled or
"called back" in accordance with Article 10 (CALL BACK) .
14.5 Employees working on a designated holidaq shall be compensated at the
rate of two (2) times the basic hourly rate for all hours worked.
- 15 -
ARTICLE XV - DISCIPLINARY PROCIDURES
15.1 The EMPLOYER shall have the right to impose disciplinary actions on
employees for just cause.
15.2 Disciplinary actions by the EMPLOYER shall include only the following
actians:
15.21 Oral reprimand
15.22 Written reprimand
. 15.23 Suspension
15.24 Demotion
15.25 Discharge
15.3 Employees who are suspended, demoted, or discharged shall have the right
to request that such actions be reviewed by the Civil Service Commission
or a designated Board of Review. The Civil Service Commissioa, 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 2I
(GRIEVANCE PROCIDURE) . �
- 16 -
ARTICLE XVI - ABSENCES FROM WORK
16.1 Employees who are unable to report for their normal work day have
the responsibility to notify their supervisar of such absence as
soon as possible, but in no event later than the beginning of such
work day.
16.2 Failure to make such notification may be grounds for discipline
� as provided in Article 15 (DISCIPLINARY PROCIDURES) .
16.3 Failure to report for work without notification for three (3)
consecutive normal work days may be considered a "quit" by the
EMFLOYER on the part of the employee.
- 17 -
' ARTICLE XVII - SENIORII`Y
�
17.1 Seniority for the purposes of this AGREEMENT, shall be defined as
f ollows:
17.11 "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 AGREF�IENT. '
17.12 "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.
17.2 Seniority shall not accumulate during an unpaid leave of absence,
except when such a leave is granted for a period of less thaa thirtq
(30) calendar days; is granted because of illness or in3ury; is
granted to all.ow an employee to accept an appointment to the
unclassified service of the EMPLOYER or to an elected or appointed
full-time position with the UNION.
17.3 Seniority shall terntina.te when an employee retires, resigns, or is
discharged.
17.4 In the event it is detenained by the EMPLOYER that it is necessary to
reduce the work force employees will be laid off by class title within
each Department based on inverse length of "Class Seniority". Employees
laid off shall have the right to reinstatement in any lower-paid class
title previously held, provided, employee has greater "Class Seniority"
than the employee being replaced.
17.5 The selection of vacation periods shall be made by class title based on
length of "Class Seniority", sub3ect to the approval of the EMPLOYER.
- 18 -
ARTICLE XVIII - JURISDICTION
18.1 Disputes concerning work 3urisdiction between and among unions is
recognized as an appropriate sub�ect for determination by the var�ous
4
unions representing employees of the F,MPLOYER.
s
18.2 The F.MPLOYER agrees to be guided in the assignment of work juri.sdiction
by any mutual agreements between the unions involved.
18.3 In the event of a dispute concerning the performance or assignment of
work, the unions involved and the EMPLOYER shall meet as soon as mutuslly
possible to resolve the dispute. Nothin� in the foregoing shall restrict.
the right of the EMPLOYER to accomplish the work as originally assigned
pending resolution of the dispute or to restrict the F,MPLOYER'S basic
right to assign work.
18.4 Any employee refusing to perform work assigned by the II�IPLOYER and as
cTarified by Sections 18.2 and 18.3 above shall be sub�ect to disciplinary
action as provided in Article 15 (DISCIPLINARY PROCIDURES) .
18.5 There shall be no work stoppage, slow down, or any disruption of work
resulting £rom a work assig�ent.
- 19 -
. • �����
ARTICLE XIX - SEPARATION
19.1 Employees having a probationary or regular employment status shall
be considered separated from employment based on the following
sections:
19.11 Resignation. Employees resigning from employmenC
shall give written notice fourteen (14) calendar
days prior to the effective date of the resignation.
� 19.12 Discharge. As provided in Article 15.
19.13 Failure to Report for Duty. As provided in Article 16.
19.2 Employees having an emergency, temporary, or provisional employment
status may be terminated at the discretion of the II�LOYER before the
completion of a normal work day.
- 20 -
ARTZCLE XX - TOOLS
20.1 All employees shall personally provide themselves with the tools
of the trade as listed in Appendix B.
— 2� —
� . � � � ���v
ARTICLE XXI - GRIEVANCE PROCIDURE
21.1 The EMPLOYER shall recognize Stewards selected in accordance with UNION
rules and regulations as the grievance representative of the bargaining
�.
unit. The UNION shall notify the EMPLOYER in writing of the names of
r
the Stewards and of their successors when so named.
21.2 It is recognized and accepted by the EMPLOYER and the UNION that the
processing of grievances as hereinafter provided is limited by the �ob
dutie� and responsibilities of the employees and shall therefore be
accomplished during working hours only when consistent with such
employee duties and responsibilities. The Steward involved and a
grieving employee shall suffer no loss in pay when a grievance is pro-
cessed 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
detri.mental to the work programs of the F.MPLOYER.
21.3 The procedure established by this ARTICLE shall be the sole and exclusive
procedure, except for the appeal of disciplinary action as provided by
15.3, for the processing of grievances, which are defined as an alleged
violation of the terms and conditions of this AGREEh1ENT.
21.4 Grievances shall be resolved in conformance with the following procedure:
Step 1. Upon the occurrence of an alleged violation of
this AGREIIriENT, the employee involved shall attempt to
resolve the matter on an informal basis with the
- 22 -
ARTICLE XXI - GREIVANCE PROCIDURE (continued) �
employee's supervisor. If the matter is not reso2ved to
the employee's satisfaction by the informal discussion
it may be reduced to writing and referred to Steg 2 by �
the UNION. The wrftten grievance shall set forth the
r
nature of the grievance, the facts on which it is based,
the alleged section(s) of the AGREII�IENT violated, and
the relief requested. Any alleged violation of the
AGREE�iENT not reduced to writing by the UNION within
seven (7) calendar days of the first occurrence of the
event giving rise to the grievance ar 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 th�
written grievance a designated II�IPLOYER supervisor shall
meet with the UNION Steward and attempt to re�o].ve the
grievance. If, as a result of this meeting, the grievance
remaina unresolved, the EMPLOYER sha1Z reply ia 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 followi�g receigt of
the EMPLOYER'S written answer. Any grievance not referred
in writing by the UNION within seven (7) calendar days
follawing receipt of the II�iPLOYER'S answer shall be
considered waived.
- Z3 -
r�a�
ARTICLE XXI - GRIEVANCE PROCIDURE (continued)
Step 3. Within seven (7) calendar days following receipt of
a grievance referred from Step 2 a designated FhIPLOYER
supervisor shall meet with the UNION Business Manager
or his designated representative and attempt to resolve
the grievance. Within seven (7) calendar days following
this meeting the EMPLOYER shall reply in writing to the
� UNION stating the EMPLOYER'S answer concerning the
grievance. If, as a result of the written response
the grievance remains unresolved, the UNION ma.y refer
the grievance to Step 4. Any grievance not referred
to in writing by the UNION to Step 4 within seven (7)
calendar days following receipt of the EMPLOYER'S
answer shall be considered waived.
Step 4. If the grievance remains unresolved, the UNION
may within seven (7) calendar days after the response of
the EMPLOYER in Step 3, by written notice to the EMPLOYER,
request arbitration of the grievance. The arbitration
proceedings shall be conducted by an arbitrator to be
selected by mutual agreement of the EMPLOYER and the
UNION within seven (7) calendar days after notice has
been given. If the parties fail to mutually agree upon
an arbitrator within the said seven (7) day period,
either party may request the Public Employment Relation
Board to submit a panel_of five (5) arbitrators. Both
- 24 -
ARTICLE RXI - GRIEVANCE PROCIDURE (continued)
the EMPLOYIIt 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) name. The process wi11 be repeated
and the remaining person shall be the arbitrator.
21.5 The arbitrator shall have no right to amen@, modify, nullify, ignore,
add to, or subtract from the provisions of this AGREEMENT. The
8rbitrator sha11 consider and decide only the specific issue submitted
in writing by the EMPLOYER and the UNION and sha11 have no authority
to make a decision on any other issue not so submitted. The
�x�bitrator shall be without power to mak� decisions contrary to or
inconsistent with or modifying or varying in any way the applicatioa
t�f. lawsa rules, or regulations having the force and effect of law.
The arbitrator's decision shall be subsnitted in writing within
tbirty (30) days following close of the hearing or the submissioa
of briefs by the parties, whichever be later, unless the parties
agree to an exteasion. The decision shall be based solely on
the arbitrator's interpretation or applica�ion of the ex�press
terms of this AGREEMENT and to the facts of the gzievance
presented. The decision of the arbitrator shall be final and
'binding on the EMPLOYER, the UNION and the employees.
- 25 -
ARTICLE XXI - GRIEVANCE PROCEDURE (continued)
21.6 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.
21.7 The time limits in each step of this procedure may be extended by
mutual agreement of the EMPLOYER and the UNION.
- 26 -
ARTICLE XXII - RIGHT OF SUBCONTRACT
22.1 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 AGRE'�*i�'T, the EMPLOYER shall give '
the UNION a ninety (90) calendar day notice of the intention to
sub-contract.
22.2 The sub-contracting of work done by the employees covered by this
AGREEMEKT shall in all cases by made only to emploqees who qualify
in accordance with Ordinance No. 14013.
- 27 -
. � �% �,�► ` �' CJ
ARTICLE XXIII - NON-DISCRIMINATION
23.1 The terms and conditions of this AGREEMENT will be applied to
employees equally without regard to, or discrimination for or
against, any individual because of race, color, creed, sex,
age, or because of inembership or non-membership in the UNION.
23.2 Employees will perform their duties and responsibilities in a
. non-discriminatroy manner as such duties and responsibilities
involve other employees and the general public.
- 28 -
ARTICLE XXIV - SEVIIZABILITY
24.1 In the event that any provisions(s) of this AGREEMENT is declared
to be contrary to law by proper legislative� administrative, or
�udicial authority from whose finding, determination, or decree
no appeal is taken, such provision(s) shall be voided. AlI other
provisions shall continue in full force and effect.
24.2 The parties agree to, upon written notice, enter into negotiations
to place the voided provisions of the AGREIIKENT in compliance with
t�e legislative, administrative, or 3udicial determination.
- 29 -
ARTICLE XXV - WAIVER
25.1 The EMPLOYER and the UNION acknowledge that during the meeting
and negotiating which resulted in this AGREEMENT, each had the
right and opportunity to make proposals with respect to any `.
sub�ect concerning the terms and conditions of employment. The >
agreements and understandings reached by the parties after the
exercise of this right are fully and completely set forth in
this AGREEMENT.
25.2 Therefore, the EMPLOYER and the UNION for the duration v£ this
AGREErIENT 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
AGREEMENT. The UNION and the F.MPLOYER may, however, mutually agree
_ to modify any provision of this AGREEMENT.
25.3 Any and all prior ordinances, agreements, resolutions, practices,
policies, and rules or regulations regardiag the terms and
conditions of employment, to the extent they are inconsistent with
this AGREEMENT, are hereby superseded.
- 30 -
ARTICLE XXVI - CITY MILEAGE
26.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the
Saint Paul Administrative Code, as amended, pertaining to reimbursement
of City officers and employees for the use of their own automabiles in
the performance of their dut3.es, the following provisions are adopted.
�
26.2 Method of Computation: To be eligible for such reimbursemenC, all r
officers and employees must receive written authorization from the
Department Head.
Z�pe 1. If an employee is required to use his/her own sutomobil.e
OCCASIONALLY duriag empZoyment, the employee shall be reimbursed at
the rate of $3.00 per day for each day the employee's vehicle is
actually used in performing the duties of the employeets position.
In addition, the employee shall be reimbursed 15G per mile for each
mile actually driven.
if such employee is required to drive an automobile dnring eniplaqment and
the department head or designated representative determines that a�
employer vehicle is available for the employee's use but tfie emgloyee
desires to use his/her own automobile, then the employee sha11 be reim-
bursed at the rate of 15G per mile driven and shall not be eligible
for any per diem.
T.ype 2". If an employee is required to use his/her own automobile
REGULARLY during employment, the employee shall be reimbursed at the
rate of $3.00 per day for each day of work. In addition, the employee
shall be reimbursed 15� per mile for each mile actually driven.
If such employee is required to drive an automobile during employment
and the department head or designated representative determines that
an employer vehicle is available for the employee's use but the employee
desires to use his/her own sutamobile, then the employee shall be reim-
bursed at the rate of 15� per mile driven and shall not be eligible for
any per diem.
26.3 The City wi13. provide parking at the Civic Center Parking Ramp for City
employees on either of the above mentioned types of reimbursement plans
who are required to have their personal car available €or City business.
Such parking will be provided only for the days the employee is required
to have his or her own personal car available.
26.4 Rules and Regulations: The Mayor shall adopt rules and regulations
governing the. procedures for automobile reimbursement, which regulations
and rules shall contain the requirement that recipients shall file daily
reports indicating miles driven and shall file monthly affidavits stating
the number of days worked and the number of miles driven, and further
require that they maintain automobile liability insurance in amounts of
aot less than $100,000/$300,000 for personal in�ury, and $25,000 for
property damage, or liability insurance in amounts not Iess than $300,000
single limit coverage, with the City of Saint Paul named as an additional
insured. These rules and regulations, together with the amendment thereto,
shall be maintained on file with the eity clerk.
- 31 -
ARTICLE XXVII - DURATION AND PLIDGE ���V
27.1 This AGREEMENT shall become effective as of the date of signing,
except as specifically provided otherwise in Articles I2 and 13,
and shall remain in effect through the 18th day of July, 1984,
and continue in effect from year to year thereafter unless notice
to change or to terminate is given in the manner provided in 27.2.
27.2 If either party desires to terminate or modify this AGREII�fENT,
effective as of the date of expiration, the party wishing to
nodify or terminate the AGREEMENT shall give written notice to the
other party, not more than ninety (90) or less than s3acty (60}
calendar days prior to the expiration date, provided, that the
♦GREIIKENT may only be so terminated or modified effective as
of the expiration date.
27.3 In consideration of the terms and conditions of employment
established bq this AGREEMENT and the recognition that the
GRIEVANCE PROCEDURE herein established is the means by which
grievances concerning its application or interpretation may
be peacefullq resolved, the parties hereby pledge that during.
the term of the AGREEMENT:
27.31 The UNION and the employees will not engage in,
3anstigate, or condone any concerted action in
which employees fail to report for duty,
willfully absent themselves from work, stop work,
slow dowa their work, or absent themselves in
whole or part from the full, faithful performance
of their duties of employment.
- 32 -
ARTICLE XXVII - DURATION AND PLIDGE (continued)
27.32 The EMPLOYER will not engage in, instigate, or
condone any lock-out of employees.
27.33 This constitutes a tentative agreement between the
parties which will be recommened by the City Negotiator,
but is subject to the approval of the Administration of
the City and is also subject to ratification by the
. UNION.
AGREED to this 20th day of September� 1982, and attested to as the
full and complete understanding of the parties for the period of time herein
specified by the signature o� the following representative for the II�'LOYER
and the UNION:
WITNESSES:
INTERNATIONAL BROTHERHOOD OF BOILERMAKERS,
IRON SHIPBUILDERS, BLACKSMITHS, FORGERS AND
CITY OF SAINT PAUL HELPERS, LODGE 647
���^� �
..
abo tio Di�ctor Business Manager
��
. />,
Civil Service Commission
- 33 -
APPENDIX A
The classes of positions recognized by the EMPLOYER as being
exclusively represented by the UNION are as follows: �
Blacksmith Trainee, '
Boilermaker,
General Blacksmith;
and other classes of positions that may be established by the F.MPLOYER
where duties and responsibilities assigned comes within the jurisdiction
of the UNION.
- A1 -
APPENDIX B
�
,
- B1 -
_ .�` > , r") .:r' Afv
, <^°�� � .._
APPENDIX C
The basic hourly wage rate for provisional, regular and probationary employees
appointed to the following classes of positions shall be:
Effective Effective �
July 19, 1982 July 19, 1983
Boilermaker . . . . . . . . . . . . . $15.50 $16.68 `
General Blacksmith . . . . . . . . . $15.50 $16.68
Blacksmith Trainee
0 - 6 months . . . . . . . . . . . 60% of Boilermaker rate
7 — 12 months . . . . . . . . . . . 65% of Boilermaker rate
13 - 24 months . . . . . . . . . . . 70% of Boilermaker rate
after 24 months. . . . . . . . . . . 75% of Boilermaker rate
The basic hourly wage rate for temporary and emergency employees appointed to
the following classes of positions shall be:
Effective Effective
July 19, 1982 July 19, 1983
Boilermaker . . . . . . . . . . . . . $16.12 $17.35
General Blacksmith . . . . . . . . . $16.12 $17.35
Blacksmith Trainee
0 - 6 months . . . . . . . . . . . 607 of Boilermaker rate
7 - 12 months . . . . . . . . . . . 65% of Boilermaker rate
13 - 24 months . . . . . . . . . . . 70Z of Boilermaker rate
after 24 months. . . . . . . . . . . 75x of Boilermaker rate
The basic hourly wage rate for regular employees appointed to the following
�lasses of positions, who are receiving the Fringe Benefits listed in Article
12.2 shall be:
Effective Effective
July 19, 1982 .ruly i9, 1983
General Blacksmith . . . . . . . . . $14.77 *
Blacksmith Trainee
0 - 6 months . . . . . . . . . . . 60Z of General Blacksmith
7 - 12 months . . . . . . . . . . . 65y of General Bl.acksmith
13 - 24 months . . . . . . . . . . . 70% of General Blacksmith
after 24 months. . . . . . . . . . . 75% of General Blacksmith
- C1 -
APPENDIX C (continued)
*The July 19, 1983, hourly wage rate in this contract will be the rate as
shown below less the cost of sick leave usage for I982 and less the cost of
health and life insurance, holiday, pension and vacation for 1983 incurred \
by the employer for employees in this bargaining unit. '
General Blacksmith $20.345
- C2 -
, APPEND7X D _
Effective July 19, 1982, the EMPLOYER shall:
(1) contribute $1.575 per hour for all hours worked by
participating employees as defined in Articles I2.3,
12.4 and 12.5 of this AGREEMENT to a Health and
Welfare Fund. Effective July 19, 1983, this contri- �
bution shall become $1.75.
r
(2) contribute $1.15 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 Pension Fund.
(3) contribute $ .10 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 Journeymaa
and Apprentiic�ship Trai�ing Fund.
(4) Deduct $ .75 per hour for all hours worked bq parti-
cipating employees as defined in Articles 12.3, 12.4
and 12.5 of this AGREII�IENT. Monies deducted shall be
forwarded to the Union's Vacation Fund. Effective
July 19,1983, this deduction shall become $1.00.
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 iTaemployment Compensation
programs as required by Minnesota Statutes.
Participating employees as defined in Articles 12.3, 12.4 and I2.5 covered by
this AGREENIENT, shall not be eligible for, governed by, or accumulate vacation,
sick leave, holiday, funeral leave, 3ury duty, or insurance fringe beaefits that
are or ma.y be established by Civil Service Rules, Council Ordinance, or Couacil
Resolut�ons.
The EMPLOYERtS fringe benefit obligation to participating employees as defined
in Articles 12.3, 12.4 and .12.5 is limited to the contributions andjor deductions
established by this AGREEMENT. The actual level of benefits provided to employees
sizall be tlie.res�ansibil�,ty of the Trustees of the various funds tQ which the
Eh1�L0YER has �orwarded contrib�utions and/or deductions.
- D1 -
- �
;�='�'. �� C3TY O:F SAII�T'r P.r�uL - ' �
� ,� �� 9�
: �, �
� � , OFFICE OF 'rHE CITY COII:rCIL -
� � �;'=:�:t�� t D a t e : November S, 1982
4
� COMMITT � E REPORT _
_ TO = SQin� PQU 1 City Counci!
F � � M = C o m m i t t e e O h FINANCE, bialdAGEI�fENT �, PERSONNEL
C H A 1 R James Scheibel
1. Approval of minutes from meeting held October 28, 1982.�
2. Resolution approving the application of J. William Donovan for the
Abatement of Taxes and Assessments per County Auditor's Report #2040�`—�""��� .
3. � �.�p.s.�p����}�._fL�nr�C frnm t}7P TPXIT&t(IT�P 7 �} °
�E'-lt'lyT�,-�9�1-6.1�53 � rP�.i ci nn � �t�6�,L� Q.s1�s I.C—sl'X�QKS. -
4. Resolution authorizing additions to the 1982 Fire Equipment Trust���_.-D�
QFund Budget, 5500Z. ''`—
S. Resolution approving an amendment to the 1982 - 1984 Agreement between���_�_ �
the City and the St. Paul Supervisors Organization. �-�------
6. _ between the City and the
.,.__�_____ __ _
Boitermakers, Ladge b4�.� ��=-�� . �
.�---�_
-�U�3"i
�7. Additional discussion of the proposed assessment poliey :��--°��'�_.__._: ?
� �
AGENDA ITEMS BROUGHT UP, NOT ON ORIGINALLY PREPARED FINANCE AGENDA:
8. Resolution approving the issuance of revenue bonds to finance the �-a_r
construction of an office and manufacturing facility for Suntec Systems,�Znc.
9. Resolution authorizing proper city officials to executive amendatory �
district heating design loan agreements with the State of Dsinnesota and
District Heating Development Company. �°�-_-_;,:,�_—fl}, �
10. Resolution to provide additional temporary financing for the Downtown
District Heating Project and to amend the Downto and�eventh Place
tax increment District �82 fin�-�cing plan. ��� '-�—_�.�
�
Cr[Y HALL SEVENTH FLOOR SAINT PAUL, 1.SINNESOTA 55102
_� „