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277689 WHITE - CITY CLERK J /��yQy � PINK - FINANCE COUIICII N' � U�ia�a GANARY - DEPARTMENT G I TY O F SA I NT ��U L BLUE - MAYOR File N O. Council Resolution Presenteii B Referred To Committee: Date Out of Committee By Date An administrative Resolution approving the terms and conditions of a 1981-1 g83 Maintenance Labor Agreement between the City of St. Paul and the Cement Masons Local 560. WHEREAS, the Council, pursuant to the provisions of Section 12. 09 of the St. Paul City Charter and the Public Employees Labor Relations Act of 19 Z1, as amended, recognizes the Cement Masons Local 560, as exclusive representative for those classes of positions within the City of St. Paul certified by the Bureau of Mediation Services under Case No. 73-PR-525-A for the purpose of ineeting and negotiating the terms and conditions of employ� ment for all full-time personnel in the classes of positions as set forth in the Agreement between the City and the exclusive representatives hereinabove referenced; and WHEREAS, the City, through designated representatives, and the exclu�ive representatives have met in good faith and negotiated the terms and condition� of employment for the period May 1, I981, through April 30, �.984, for such personnel as are set forth in the Agreement between the City of St. Paul and the exclusive representatives; and WHEREAS, the 1981-1983 Agreement has been reached which includes wage adjustments retroactive to June 8, 1981; now, therefore, be it RESOLVED, that the Maintenance Labor Agreement, cited above, dated. as of the effective date of this Resolution, between the City of St. Paul and the Cement Masons Local 560, on file in the office of the City Clerk, is hereby approved, and the authorized adxninistrative officials of the City are hereby authorized and directed to execute said Agreement on behalf of the CiLy. Approved: � � C airm Civil Service Commission COUKC[LMEN Yeas Nays Requestgd by Department of: Hunt PERSONNEL OFFICE Levine (n Favor ^--iMed��c , - f ' � nncnnanon _� Against BY � GC/ snowa�te� Tedesco Wilson NOV 17 1981 Form proved Ci t rne Adopted by Council: Date — c CertifiE:d a s by ncil ret BY Approv d by Ylavor: at �V �`9- �.70 App ov d by Mayor for Su is �aa to Council B PUBUSHED NOV 2 1 1981 I YlMJTE - .C17Y CLERK ['� �+{ PINK - FINANCE � � j� �� f►(�(� � CANARY - DEPARTMENT (� I TY �� SA I NT j 1,T_y� COUIICII � �� J6*�pp{`A.� BLUE - MAYOR � R r`� i p � File ��. CITY CLERK �Q,Z��CZ� �eS�,GutZQYZ � Presented By Referred To Committee: Date Out of Committee By Date An administrative Resolution approving the terms and conditions of a 1981-1983 Maintenance Labor Agreement between the City of St. Paul and the Cement Masons Local 560. - WHEREAS, the Council, pursuant to the provisions of Section 12. 09 " of the St. Paul Ci�y Charter and the Public Employees Labor Relations Act of 19 71, as amended, recognizes the Cement Masons Local 560, as exclusive representative for those classes of positions within the City of St. Paul certified by the Bureau of Mediation Services under Case No. ?3-PR-525-A . for the purpose of ineeti.ng and negotiating flie terms and conditions of employ- ment for all full-time personnel in the classes of positions as set foxth in the Agreement between the City and the exclusive representatives hereinabove referenced; and WHEREAS, the City, through designated representatives, and the exclusive representatives have met in good faith and negotiated the terms and conditions of employment for the period May 1, 1981, through April 30, ],984, for such personnel as are set forth in the Agreement between the City of St. Paul and�the exclusive representatives; and WHEREAS, the 1981-1983 Agreement has been reached which i.ncludes wage adjustments retroactive to June 8, 1981; now, therefore, be it RESOLVED, that the Maintenance Labor Agreement, cited above, dated as of the effective date of this Resolution, between the City af St, Paul and the Cement Masons Local 560, on file in the office of the City Clerk, is hereby approved, and the authoriz_ed administrative officials of the City are hereby authorized and directed to execute said Agreement on behalf of the City. Appr ove d: Chairma.n Civil Ser�rice Commission COUNCILMEN Yeas Nays Requestgd by Department of: Hunt PERSONNEL OFFIC E Levine In FBVOI Maddox McMahon B Showalter __ Against Y Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date CertiEied Yassed by Couneil Secretary BY B� Approved by 11avor: Date Approved by Mayor for Submission to Councit B}• _ _ By i . .- . . ��'���9 � � , . 1981 - 1983 MAINTENANCE LABOR AGRE�IENT - between - THE CITY OF SAINT PAUL - and - OPERATIVE PLASTERERS' AND CEMENT MASONS' INTERNATIONAL ASSOCIATION, LOCAL 560 _ _ _ _ _ . - . _ _ _ _ . __,,..._ __ . _ _ ,. ..,, : ` INDEX ARTICLE TITLE PAGE Preamble iii I Purpose 1 II Recognition 2 III Employer Rights 3 IV Union Rights 4 V Scope of Agreement 5 VI Probationary Periods 6 VII Philosophy of Employment and Compensation 7 VZII Hours of Work g IX Overtime 9 R Call Back � 10 XI Work Location I], XII Wages 12 RIII Fringe Benefits 14 RIV Seiection of Foreman and General Foreman 15 XV Holidays 16 XVI Disciplinary Procedures ],7 XViZ Absences From Work 18 XVIII SenioritY 19 XIX Jurisdiction 2Q �X Separati.on . . 21 %XI Tools 22 RYII Grievance Procedure 23 XRIII Right of Subc�ntract " 27 RXIV Non-Discrimination 28 R�FV Ssverability � 29 XXVi Waiver 30 XXDII City �Iileage Plan . : 31 R7€VIII Duratio.. and Pled:ge 32 �PPendix A A1 Agpendix B Bl A�pendix C Cl AP-Pendix D D1 - ii - � P R E A M B L E This AGREEMENT is entered into between the City of Saint Pau.�, hereinaf ter referred to as the EMPLOYER and Operative Plasterers' and Cement Masons' International Association of the United States and Canada, Local 560, hereinafter referred to as the UNION. The EMPLOYER and the I3NION concur that this AGREEMEI�iiT has as its ob�ective the promotion of the respansibilities of th� City of Saint Paul for the benefit of tY!e generai public through effective Iabor management cooperation. - The EMPLOYER and the UNION both realize that this goal depends not only on the words in the AGREII�fENT but rather primarily on attitudes betweer� people at all levels of responsibility. Constructive attitudes of the CITY,. the UNION, and the indYVidual employees will best serve the needs of the general public. - iii - • • ARTIt;LE I - PURPOSE � 1.1 The II��PLOYER and the UNION agree tha.t the purpose for entering into this AGREEMENT is to: 1.11 Achieve orderly and peaceful relativns, thereby establishing a system of uninterrupted operations and the highest level of employee performa.nce that is consistent with the safety and well-being of all concerned; I.12 Set forth rates of pay, hours of work, and other conditions of employment as ha.ve been agreed upon by the II�LOYER and the UNION; 1..I3 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this AGREII�IENT without Ioss of manpower productivity. 1.2 The EMPLOYER and the UNION agree that tYtis AGREEMENT serves as a supplement to legislation that creates and directs tha EMPLOYER. If any p�rt of this AGREEMINT is in conf lict with sucn legislation, the latter �ha11 prevail. The parties, on written notice, agree to negotiate that part in conflict so tha.t it conforms to the statute as provided by /ix�t3cle 25 (SEVERPBILITX). _ 1 _ � � . � �� � � .� •i . ARTICLE II - RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative for collective bargaining purposes for all person:.el having an esnployment status 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 with Case No. 73-PR-525-A dated May 22, i973. 2.2 The classes of positions recagnized as being exc7.usiveZy represented by the UNION are as listed in Appendix A. - 2 - „ ' ARTICLE III - EMPLOYER RIGHTS 3.1 The EMPLOYER retains the right to ope�ate and nanage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of �echnology; to establish and mo�ify the organizational structure; to select, direct and determine the number of personnel; and to perform any inherent managerial function not specifically Iimited by this AGREII�tENT. 3.2 Any "term or coridition of employment” not established by this AGREEMENT shall .remain with the IIKPLOYER to eli.minate, modi.fy, or establ.ish €ollowing written notification to the UNION. _ 3 - � ARTICLE IV - UNION RIGHTS 4.1 The EMPLOYER shall deduct from �he wages of eMployees who authoriae sueh a deduction in writing an amount necessary to cover monthly UNIQN dues. Such monies deducted shall be rem.itted as directed by th.e UNION. 4.11 The II�IPLOYER shall not deduct dues from the wages of employee5 covered by this AGREEMENT for any other labor organization. 4.12 The UNION shall indemnify and save harmle�s the IlKPLOYER from any and all claims or charges ma.de against the II�FLOYER as a result of the implementation of this ARTICLE. 4.2 The UNION may designate one {1) employee from the iaargai�ing unit to act as a Steward and shall inform the II�PLOYER in writir� of such designation. Such employee shall have the rights and responsibilities as designa.ted in Article 22 (GRIEVANC� PROCEDURE) . 4.3 Upon notification to a designated IIKPLQYER supervisor, the Busin�ess Manager of the UNION, or his designated representative shall be permitted to enter the facilities of the EMPLOYIIt where employees covered by this AGREEI�IE��TT are working. _ 4 _ .: � ..�,. ..._. ...k:.._,,._.,.�.__.. ,. ..�___._.. ___ __. _....__ ___ ______ _._ _. ... ..... . ... r--. _._ , -..___. ARTICLE V — SCOPE OF THE AGArEMENT 5.1 This AGREEMENT established the "terms and conditions of employ�:���" defined by M.S. 179.63, Subdivision 18 for all employees $xclusi-raly represented by the UNION. This AGP.EEMENT shall supersede such "�zrms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. _ g � ARTICLE VI - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired foilowing separation, in a regular employment status shall serve a six (6) month's probationary period during which time the employee's f itness and abi2itg to pe�form the class of positions' duties and responsibilities shall be evaluated. 6.11 At any time during the probationary period an employee maq be terminated at the discretion of the II�IPLOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE) . 6.12 An employee terminated during the probationary period sh�ll receive a written notice of the rea�son(s) for such termination., a copy of which shall be sent to the UNION. 6.2 AlI personnel promoted to a higher class of positions shaZi serve a s� (6) months' promotional probationary period during which time the employee's fitness and abilitp to perfo� 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 posit.ions at the discretion of the II�PLOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE) . 6.22 An employee demoted during the pronotional 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 copS of �,�hich sha11 be sent to the iTNION. - 6 - ARTICLE VII - PHILOSO�HY OF II�IPLOY1�fENT AND COMPENSATION 7.1 The EMPLOYER and the UNION are in full agreement that the philosophy of emgloycnent and compensation shall be a "cash" hourly wage and "industry" fringe benefit system. 7.2 The EMPLOYER shall compensate employees for all hours worked at the basic hourly wage �rate and hourly fringe benefit rate as found in . Articles 12 (WAGES) and I3 (FRINGE BENE�'ITS) . �.3 No. other compensation or fringe benefit shall be accumulated or• ea.rned by an �mployee e.�ccept as specifically provided for in this AGREEMENT; eu.tept those employees who have individua.11y ogtioned to be "grandfathered" as provided by 12.2. _ 7 _ � � � ARTICLE VIII - HOURS OF WORK 8.1 The normal work day shall be ei�ht (8) consecutive hours per day, excluding a thirty (30) mi.nute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. , 8.2 The r. .rmal work week shall be five {5) consecutive normal work days Monday through Friday. 8.3 If, during the term of this AGREENIENT, it is necessary in the II�LOYER'`S 3udgment to establish second and third s�ifts or a work week of othar than 24onday through Friday, t�:e UNION agrees to enter into negotiations: immediately to establish the conditions of such shif ts and/or �,rork weeks. 8.4 This section shall not be construed as, and is not a guarantee of, any hours of work per norma.l work day or per normal work wesk. 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the established start;.ng 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 Employees reporting for work at the established starting time and far whv�a no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notif ication has been gi�ten not to report foz work prior to leaving home, or during the previous work day. - 8 - I ARTICLE TX - OVERTIME 9.1 A11 overtime compensa*yd for by the EMPLOYER must receive prior authorization from a designated EMPLOYER supervisor. lv'o overti.me work claim will be honored for payment or credit unless approved in advance. An avertime claim will not be honored, eve-. though showu on the t�.me eard, unless the required advarice approval has been obtained. � �.2 The evertime rate of one and one-half (l�) the basic hourly rate shall be paid for work performed under the following cixcunstances: 9,21 Time worked in excess of eight (8) hours in any one normal work �9, and _ 9,22 Time woriced on a sixth (6th) day following a normal work week. g.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under t'�e following circumstances: 9.31 Time worked on a 'holic'-iy as defined in Article 25 (HOLIDAYS) ; 9.32 Time worked on a seve��'.� (7th) day following a normal csork week; s�d 9.3� Time worked in excess of twe?-re (12� consecutive hours in a �entq-faur (24) hour pEriod, provided, that all "energenc�" wo:k �equired by "Acts. of God" shall be compen�ated at the rate of one �ui one-L.a1f (1'��• g,,4 Far the purpases of calculating overt3me comgensation overtime hours �Yked st:�a11 xwt be "pyramid�d", compounded, or paid twice for the s�ne I�urs worked. q,g, pye�ti�ne h��rs �ork.ed.as provided by this ARTICLE sha11 be paid in c.�sh, - 9 - ARTICLE X - CALL BACK 10.1 The EMPLOYER retains the right to call back employees before an ea►ployee has started a normal work day or normal work week and aftcr 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 (OVERTIl�IE) , when applicabie, and subject to the minimum established by 10.2 above. 10.4 Emgloyees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be campensated only for the overtime hours worked in accordance with Article 9 (OVERTIME) , j - 10 - 1 ._...,.._,_. ,_ _.�__ __. �.._.. __._. . .. . . ,. . ._ � ._. _ ._y�,.._._,._.__.,�__ ..:,-_. ,_,-.,,_, .,....M�. ,_�..,.._, __._,�,. ... _ _ - � ' ARTICLE XI - WORK LOCATION 11.1 Employees shall report to work location ac assigned by a designated Employer Supervisor. During the norma.l work day emplayees may be assigned to other work locations at the discretion of the giPLOYER. 11.2 Employees assigned to work locations during the normal work day, other than thQir original assignment, and who are required to furnish the�x own transpartation shall be compensated for mileage. - I1 - i _._.�.. ...__—__�,._._.,...�....__... ._.�..._.�:.�.�,_�.._.w...�._........ .....____.._...__.._.._.._ .__._..�---._.__�_..._._...._ ___,_..__.._.. ._., ... .__...,_ ._ _ __ _. ___ . . � %� ���� ARTICLE XII - WAGES 12.1 The basic hourly wage rates as established by Appendix. 0 shall be p�.id for all hours worked by an employee. 12.2 Employees who are covered by the fringe benef its listed below shall. } continue to be covered by such benefits. They shall be subject t� aII other provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.21 Insurance benef its as established by City of Saint Pau1 Resolutions including life, hospital and health i.nsurance for early retirees who have retired since May 8, i978. In order to be eligible for the health benefits uader tha early retiree provision, the emp�oyee must: i2.21.1 Be receiving benef its fram a public employee ' retirement act at the time of retirement. 12.21.2 Have severed his relationship with the City of Saint Paul under one of the early retiree pZans. 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. 325U, Section 20. 12.23 Vacation as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 12.24 Nine (9� legal holidays as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision I. - 12 - I � ._.._._ _ _,..___._......__ _- -._ ._. _. . .� .. _ , - ,.._ -- _�____ . � _. ARTICLE XII - WAGES (continued) 12.25 Severance benef its as established by Ordinance �o. 11490 with a maximum payrsent of $4,OOQ. 12.3 Regular employees not covered by the fringe benefits listed in.Article I2.2 shall be considered, for the purposes of this AGREEM�IT, partici- pating employees and shall be compensated in accordance with Article I2.1 (tJAGES) and have fringe benef it contributions and/or deductions � made on thei.r behalf as provided for by ArticZe 13 (FRiNGE B�'EFITS) . 1"2.4 Provisional, temporary, and eme�gency employees shall be considered, fox the purposes of this AGREEMENT, participating empZoyees and sha1�. be compensated in accordance with Article 12.1 (WAGES) and have fringe �en.efit contributions and/or deductions ma.de 3.n their behalf as provide�i for by Article 13 (FRINGE BENEFITS) . I2.-5 All regular empZoyees employed af ter February 15, 1974, shall be �onsidered, for t��e purpose of this AGREEMENT, participating employees a�d shall be compe�sated in accordance with Article 12.1 (WAGES) azd �ave fringe benefit contributions and/or deductions made on their b�Yialf as provided for by Ar�icle 13 �FRINGE BENEFITS} , � - 13 - ; , , i _. � .� � �� � = • ARTICLE XIII - FRINGE BENEFITS 13.1 The IIKPLOYER shall make contributior on behalf of and/or make deductions from the wages of employees cc;fered by this �4GREEM�TT in accordance with Appendix D for all hours worked. r - 14 - : f � ARTICLE XIV - SELECTION OF FORF.�It1N AND GENERAL FOREMAN 14.1 The selection of personnel for the class of position Foreman shall remain solely with the EMPLOYER. 14.2 The class of position Foreman shall be filled by employees of the bargaining unit on a "temparary assigzunent". I4.3 All "temporary assignments" shall l,e made only at the direction of a d�esignated E�IPLOYER supervisor. I4.4 Such "temporary assigrnae�ts" shall be made only i.n cases where the r3a.ss of positions is vacant for more than one (1) rtormal work day. - 15 - ' - ����,� ARTICLE XV - HOLIDAYS 15.1 The following nine (9) days shall be designated as holidaqs: New Year's Day, January 1 President's Day, Third Monday in February Memorial Day, last Monday in May - IndependEnce Day, July 4 . , Labor D�y, first Monday in September Columbus Day, second Monday in October - Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in Nove�ber Christmas Day, December 25 15.2 When Neta Year's Day, Independence Day or Christmas Day fa11s on a Sunday, the following Monda; shall be considered the designated holiday. When any of these three (3) 'holidays falls on a Saturday, the preceding Friday shall be considered �he designated ho2iday. 15.3 Tha nine (9) holidays shall be considered non-work days. 15.4 If, in the judgment of the II�iPLOYER, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 10 (CALL �ACK) . 15.5 Employees working on a designated holiday sha11 be compensated at the � rate of two (2) times tre basic hourly rate for aIl �:ours worked. - 16 - -� � . - a ��'� � � AR.TICLE XVI - DISCIPLINARY PROCEDURES 16.I The F,MPLOYER shall ha.ve the right to impose disciplinary actions on employees for just cause. 16.2 Disciplinary actions by the EMPLOYER shall include only the following actions: �6.21 Oral reprimand. },6.22 Written reprir�and. . . 15.23 Suspension. 1;b.24 Demotion. �6.25 Discharge. I6.3 Emplogees who are suspeaded, demoted, or discharged shall have the r�ght to request that such actions be reviewed by the Civ3.Z Service Cc�issi�a or a designated Board of Review. The Civil Service Commission, or a designated Board of Review� shall be the sole and exclusive mea.ns of reviewing a suspension, demation, or discha.rge. No appeal of a suspension, demotion, or �ischarge shall be considared a ""�r3�.wance" for the purpose of processing through the provisions of �rticle 22 (GRIEVANCE PROCIDURE1 . . . - z7 - . ARTICLE XVII - ABSENCES FROM WORK 17.1 Employees who are unabl� to report for their normal wark day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later. than the beginning of such work day. � 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (DISCIPLINARY PROCIDURES) . 17.3 Failure to report for work without notif ication for three (3} consecutive norma.l work days may be considered a "quit" by the II�PLOYER on the part of the employee. - 18 - � ARTICLE XVIII - SENIORITY 18.1 Seniority, for the purposes of this AGREEMIIVT, sha11 be defined as foilows• 18.11 "Master Seniority" - The length of cantinuous regular and probationary service with the FMPLOYER from the last date of employment in any and all class titles eovered by this AGREEMINT. 18.12 "Class Seniority" - The length of continuous regular and probatioaary service with the EMPLflYER from the date an � employee was first appointed to a class title covered by this AGREEMENT. I$.2 Senioritp shall not accumulate during an unpaid leave of absence, e.�cept when such a leave is granted for a period of less than thirty (�0) ca].��ciar days; is granted because of illness or injury; is granted tn allow an e�mployee to accept an appointznent to the unclassif ied s;ervice of the EMFLflYER or to an electe-1 or appoinCed full-time posi:.iqn r�.th the UNION. �$.3 Seniority shall terminate when an emp�oyea rc.tires, resigns, or is �i�cha.rged. ' �8.4 Z� the event it is determined by tha �MPLOYER that it is necessart; to �duca th� work force employees wi13. be laid off by class title within �ch departme�t� based on inverse length of "Cl�ss Seaiority". Emploqee� ��d aff shall have the right xo reinstatement in any lower-paid class �itle, provided, e�mploqee ha.s greater "Master Senior=ty" than the �lo�ee being replaced. . . I8.5 �e sel.ect3.on of vacation periods shPll b+ made hy cZass title based on �ength vf "Class Senior�ity", subject to the approval of the F�iPLOYER. - 19 - ARTICLE XIX - JURISDICTION 19.1 Disputes eoncerning work jurisdiction between and among unions is recognized as an appropriate sub�ect to determination by the vari.ous unions representing employees of the II�IPLOYER. r 19.2 The II�'LOYER agrees to be guided in the assigrmaent of work jurisdiction by any mutual agreements between the unions involved. 19.3 In the event of a dispute concerning the performance or assignmeu� o:f work, the unions involved and the II�IPLOYER shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing sha�l restr�ct the right of the II�iPLOYER to aecomplish t:;e work as origi�..�lly assigned pending resolution of the dispute or to restrict the EHIPLOYER'S ha.sic right to assign work. 19.4 Any employee refusing to p�rfor.:, work assigned by the EMPLOYER and as clarified by Sections 19.2 and 19.3 above shall be subject to disciplin2rq action as provided in Article 16 (DISCIPLINARY PROCEDURES) . 19.5 T'here shall be no work stoppage, s'.ow down, or any disruption of work x•esultiag from a work ;.ssigranent. ' - 20 - �, ARTICLE XX - SEPARATION 20.1 Employees having a probationary or regular employment statu: shall be considered sepa •ated from employment based on the following actions: 20.11 Resign�tion. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.12 DischargN. As provided in Article 16. 20.13 Failure �o Report for Duty. As provided in �lrticle i7. 2D.2 Employees having an emergerzcy, temporary, or provisional e�gloyment status nay be terminated at the discretion of th� IIKPLOYER before the completion of a normal work day. - 21 - � ARTICLE XXI - TOOLS 21.1 All employees shall perscnally provide themselves with the tools of th� trade as listed in Appendix B. - 22 - � . . �z77 � �� ARTICLE XXII - GRIEVAPdCE PROCEDURE 22.1 The employer shall recogn�ze Stewards selected in accordance with tINIoN rules and regulations as the grievance representative of the bargaining unit, The UI�ION shatl notify the II�LOYER in writing of the names of the Stewards and of their successors when so na.med. 22.2 It is recognized and accepted by the EMPLOYER and the UNION that the � processing of grievances as hereina.fter provided is limited by the job duties and responsibilities of the employees and shall therefore be sccomplished dur�ng working hours only when consistent with sueh employee cluties and responsibilities. The Steward involved and a grieving ete�loyee shall suffer no loss in pay when a grievance is processed dur�ng working hours, provided, the Steward and the employee have uatif ied and received the approval of their supervisor to be absent to prac.es� a gr�?.:. -ance anu that such absence would not be detrimental to tbe wor� programs of the ENSPLOYER. �2.�� � proced.ure established by this ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 1:6.3, far the processing of grievances, which are defined as an alleged vt�lation af the terms and conditicts of this AGR�EMENT. � - 23 - ; I � ARTICLE XXII - GRIEVANCE °ROCIDURE (continued) 22.4 Grievances shall be resolved in conformance wi.th the foTlQwing procedure: Step 1. Upon the occurrence of an alleged violatian of this AGREEMENT, the employee involved shall attemgt to resoTve the matter on � an informal basis with the employee's supervisor. If the matter is not resolved to the emplayee�s satisfaction by the informal discussion it may be reduced to writin� and ref erred to Step 2 by the UNION. The written_grievanc:€ shall set forth the nature of the grievance, the facts on which it is based, the alleged seetion(s) of the AGREEMENT violated, attd the relief requested. Anq alleged violation c�f the ����T. ' not reduced to writing by the UNION within seven (7) calendax� days of the first oacurrence of the event givi.ng xise to the grievance or within the use of reasonable di].igence shauld have had knowledge of the first occurrence o£ the event giving rise to the grievance, shall be considered waived. SteP 2. Within seven (7) calendar days af ter receiving the writ�en grievance a designa.ted EMPLOYER Supervisor sha12 meet with the UNION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance rema.ins unresolved, the EMPLOYER shall reply in writing to the LINION within three (3) calendar days following this. m�eting. The UNION may xefer the grievance in writing to Steg 3 within seven (7) calendar days following receipt of the IIKPLOFER'S written answer. Any griet��nce no� referred in writing by the UNiON within seven {7) calendar days following receipt of the II�I?PLOYER'S anr�rer shall be considered waived. - 24 - .., .._.__. _. ._ ._.._.__--____._..__---- -------- � ARTICLE �;II - GRIEVANCE PROCEDURE (continued) Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designa.ted Il�IPLOYER supervisor shall meet with the UNION Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days follow�ng this meeting the II+�PLQYER 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 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. Steg 4. If the grievance remains unresolved, the UNION may within seven (7) calendar days after the response of the EMPLOYER in 5tep 3, by written notice to the EhIPLOYER request arbitration cf the �rievance. The arbitration proceedings shall �ae conducted by an arbitrator to be selected by mutual agreement of the IIKPLOYER and the UNION within seven (7) calendar daqs ' �$ter notice has been given. If the part3es fail to mutually �ree ugon an arbitrator within the said seven (7) day period, e�.Lher party may request the Public Employment Relation Board to submit a.panel of five (5) arbitrators. Both the II�LOYER a�d the UNION sha11 have the right to strike two �(2) names €rom the panel. The UNION ahall strike the first (lst) name; t� II�'iQYER shall then stx•ike ane (1) name. The process �etll be repeated _and the remaining person shall �e the arbitr�ator. _ � .: ARTICLE XXII - GRIEVAAT^,E PROCEDURE (conCinued) � 22.5 The a�-bitrator shall have no right to amend, modify, nullify, ignore, I i add to, or subtract from the provisions of this AGREEPZENT. The arbitr2�tor shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shali be : without power to ma.ke decisions contrary to or inconsistent with or modifying or varying in any way the application of Iaws, rules or regulations having the force and effect of law. The arbitratar's decision shall be subaitted in writing within thrity (30) days tollow- 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 en the arbitrator's interpretation or application of the express term.s of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator sha11 be final: and binding on the EMPLOYER, the UNION and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be born� equall.y by the IIKPLOYER and the UNION, provided that each party sha11 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 ti�.e limits in ea.ch step of this procedure may be extended by � mutual agreement of the EMPLOYER and the tTi�TION. - 2b - ; ARTICLE XXIII - RIGHT OF SUBCONTRA�T 23.1 The II�iPLOYER may, at any time during the duration of this AGREEMENT, contract out wark 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 TNI�N 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 emplayers who qualify in aie�cordance with. Ordinance No. 14013. - 27 - � ARTICLE XXIV - NON-DISCRIMINATION 24.1 The terms and conditions of this AGREEMENT wi11 be applied to employee�s equally without regard to, or discrimination for or against, a�y individual because of race, color, creed, sex, age, or because of rsembership or non-membership in the UNION. 24.2 Employees will perform their duties and responsibilities in a non-discrim.inatory manner as such duties and responsibilities involve other employees and the general public. — 28 — ._,,..__, ._.�.__,....._ .r,,.�,.n,.,�:_,.,,....._.,., __._.._.__,�._�...... ..__.. , _. _ __ .__. ,._y...._�._ _. ..__.__..,�_ ° .�. ,_� _ ---_.__ _. ...._ . _. _.,,...�.,.,..,,,,. i ARTICLE XXV - SEVERABILITY 25.1 In the event that any provision(s) of this AGREEM�iT is @eclared to be contrary to law by proper legislative, administrative, or judicial authority from whose finding, determination, or decree no appeal is taken, such provisior.(s) shall be voided. All other provisions shall Eontinue 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 wir� the legislatit�e, admi.nistrative, or 3udicial determination. - 29 - __ ,_ . . .......�..._ . _�.... _ �..__ . ..� .. ___ -:_ --. --- .. .._._.... , � � - � � » G �� ARTICLE XXVI - WAIVER � 26.1 The EMPLOYER and the UNION acknowledge that during the meet3.r� 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 unders'tandings reached by the parties after the e�cercise 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 AGREII�NT agree that the other party sha13 not be obligated to meet and negotiate . over any term or conditions of employment whether specifically covered or not specif ically covered by this AGREII�IENT. The UNION and IIKPLOYER may, however, mutually agree to modify any provision of this AGREEMENT. 26.3 Any and all prior ordinances, agree�ments, res�Zut%ons, pra.ctices, policies, and rule� or regulations regarding the terms and conditions of employmen�, to the extent they are inconsistent with this AGREEMEIVT, are h:�reby superseded. - 30 - ARTICLE XXVII - CITY MILE�^^,E 27.1 Automobile R�isnbursement Authorized: Pursuant to Chapter 33 of the , Saint Pau1 Aur�inistrative Code, as amended, pertaining to reimbursemen�t af City officers and employees for the use of their own automobiles in, the performance of their duties, the following provisions are adopted. 27.2 Method of Computation: To be eligibl.e for such rei.mbursement, all off icers and employees must receive written authorization from the Department Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shail be reimbursed at the rate of $3.00 per day for each day the employee's vehicle is actually u�::d in performing the duties of the employee's posiCion. In additian, the employee shall be reimbursed 15� per mile for each mile actually driven. If such employee is required to drive an automobile during emplayment snd the department head or d�signa.ted representative determines that an employer vehicle is avail�.ble for the employee's use but the employee desires to use his/her own automobile, then the employee shail be rei.m- b�rsed at the rate of 15� per mile driven. and shall not be eligible fc�x any per diem. Type 2. If an employee is required to use his/her own automobile BEGULARLY during employment, the employee shall be reimbursed at the rate of $3.00 per day for each day of work. In addition, the employee ��all'be reimbursed 15� per mile for each mile actually driven. ' If such �nployae is required to drive an -automobile during employment snd Lhe departrnent head or designated representative determines that aa �ployer vehicle is av�:.ilable far the employee's use but the employee desires to use his/her owu automobi��, then the employee sha11 be reic._-- bursed at the rate of 15� per mile driven and shall not be eligible for s�ty per diem. 27,3 T'�e C�ty will provide parking at the Civic Center Parking Ramp for City �atployees on either of the above mentioned types of reimbursement plan� • wlr� are required to have their personal car available for City business. Su+eh pasicing will be provided only for the days the �employee is required to have his or her own personal car available. � � 27.4 Rules .and Regulations:. The Mayor sha11 adapt rules and regulations g�ert�iag the procedurns for automobile reimbursement, �ahich regulatioas a�d �u].es sha11 contai:. .the requirement t�iat recipients shall file daily re�arta 3ndicating miles driv-� and shall f ile monthl.y aff idavits stating ti�e number of days w�rked and the number of miles driven, and further r�x3re that #hey m�a::�n.tain automobile liability insurance in amounts of : nt� �.�ss tlzan. $20G,flfl0/$30Q,000 for personal injury, and $25,000 for . p�gerty damage, .or liabil�:ty insc.�anc.� in amounts not less than $300,000 s�aagle I�mit coverage, with .the City �f Saint Paul named as an additional ia3sured: These rules and regulation�, together� with the amendment thexeta, s��iall be maintained on f ile with the city clerk. - 31 - ' ARTICLE XXVIII - DURATION A1VD PLEDGE 28.1 This AGREEMENT shall become effective as of the date of signing, except as specif ically provided otherwise in Articles 22 and 13, and shall remain in effect through the 30th day of Apral, 1984, and continue in effect from yea.r to year thereafter unless notice to change or to terminate is given in the manner provided in 28.2. �8.2 If either party desires to termina.te or modify this AGREEMENT, effectiv� as of the date of e�piratioa, the party wishing to modify or terminate t� AGREII�dENT shail give written notice to the other party, not more t� ainety (90�. or less thaa sixty (60). caZend:ar days grior te the e�3ration date, prov�ded, that the AGREEMENT may only be so terminated Qr modifiesi effective as of the expiration date. _ �8.3 In consideration of the terms and conditions of employment establi.�hed by this AGREIIKENT and the r�ognition that the GRIEVAI3CE PROCIDURE herein established is the means by which gri�vances concerning its �pplication or interpretation n.ay be peacefully resolved, the garties h�re�ay piedge that during the term of the AGREEMENT: 28..3.I The U13I0N and the employees will not engage in, instigate, or condoae any concerted actian in which e3ngloyees fail to report for duLy, willfully ab4ent themselves from work, stop work, slow down tliefr work, ar absent t�emselves in whole or part from the full, f�i.thful perfor�ance of their duties of emplayment. - 32 - I ARTICLE XXVIII - DURATION AND PLIDGE (continued) . 28.32 The E�IPLOYER will not engage in, instigate, or condone any lock-out of en�ployees. 28.33 This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City and the City Gouncil and is also subject to ratification by the UNION. AGREED �.o this 2nd day of October , 1981 and attested to as the full and co�plet� understanding of the parties for the period of time herein specitied by the signature of the following representatives for the BMPLOYER and the UNION. WITNESSES: CITY OF SAINT PAUL OPERATIVE PLASTERERS' AND CEMENT r1ASONS' INTERNATIONAL ASSOCIATION, LOCAL 560 . % :� �__::� ; �; � .� "�" '' %" i� L bor Rel ions eet,� Business Ma �, Civil Service Commission - 33 - APPENDIX A The classes of positions recognized by the FrIPLOYER as being exclusively represented by the UNION are as follows: Cement Finisher Apprentice � Building Inspector-Cement Finisher and other classes of positions tha.t ma.y be established b� the �LQYER where the duties and resgonsibilities assigned comes withiu the 3urisdicfiion of the UNION. - Al � _. .._.,._�. ...T_ _.....�.... ..�,.�__„_.� ...�_____...�.0 .�. .,_ _._,_ ...:..__ .._.. _ _.._ ..., � - - :-., ....___ __._.....--._.,....._v..�_.._ ..x.�..�.. . :._.._. _ _..., ..� ; APPENDIX C I ' � The basic hourly wage rate for provisional, regular and probat�.onary empiny�es 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 Maq 1, 1982 Apr. 30,1983 Building Insp.-Cement Finisher. . $14.87 '� * Cement Finisher , . . . . . . . . $12.53 $13.88 $15.4I The basic hourly wage rate for temporary and emergency emplopees appointed to the follo�,ring classes of positions shall be: Effective Effeciive Effect3,ve 3une 8,.1981 May I, I982 Apr• 30,,19$3 Building Insp.-Cement Finisher. . $15.46 '� * Cement Finis�:�r . . . , . . . . . $13.03 $14.43 $16.03 The basic hourly wage rate for regular emplayees appointed to the following classes of positions, who are receiving the fringe benefits listed in Article 12.2 sha.11 be: Effective Effective Effectilre June 8,1981 May 12 i982 Apr. 30,1983 Building Znsp.-Cement Finisher. . $14.89 * * Cement Finisher . . . . . . . . $12.54 ** ** *These Inspector rates to be determined at a later date. **T�ie May 1, 1982 and the April 3Q, 1983, twurly wage rates in this co�.tract will be the rates as shown helow less the cost of sick lea.ue usage for 1981 and :982, 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 Apti1, 1982 and May, 1982 thru April, 1983 respectively incurred by the emg3oyer for empla�ees in this bargaining unit. Effective Effective 5-0I-8� 4-30-83 � Buildin; Inspector-Cement Finishar * � '� Cement Finisher . . . . . . . . . $17.30 $19.05 -Cl- . � . . :L ,- P�F Y���� APPENDIX D Effective June 8, 1981, the IIKPLOYER shall: (1) cont�`ibute $ .85 per hour for a11 hours worked by participating employees as defined i.n Articles 12.3, 12.4 and 12.5 of this AGREEMEN'T to a Aealth and Welfare Fund. Eff�ctive May 1, 1982 this contribution shall be increa.sad 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 AGREEMENT to the Pension Fund. Effective May 1, 1982, this contri- bution shall be increased co $ .95 per hour. Effective April 30, 1983 this contribution sha11 be increased to $1.Q5 per haur. (3) contribute $ .75 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this Agreement to the Savings Plan Fund. This contribution is subject to all payroli. deductioas. Effective May 1, 1982, this contribut�.on shall be in-- crea:sed to $1.00 per hour. (4�) contribute $ .02 per hour for alI hours worked by part?cipating �ployees as def ined in Articles 12.3, 12.4 and 12.5 of this Agreement to an Apprenticeship �`-�nd. All contributions made in accordance with this Appendi.x shall be forwarded to depositories as directed by the UNION. T'he EMPLOYER sha11. establish Worker�s Compensation and Unemplayment Compensation grogr�ms as required by Minnesota Statutes. Tt�.e IIKPLOYE�'S�fringe benefit obligation to partic�pating employees as , defined in Articles 12.3, 12.4 and 12.5 is limited to the contributions and/or deductions est�blished by this AGREEMEr1T. Tize actual level of benefits provided to employees shall be the respo�.sibility of the Trustees of the vario.ia funds to which the II�LOYER has forwarded contributions and/or deductions. � _ �1 _ . _ __._ _ _ ,._..r__. ..:.,r_,.._:.. ._.._ .. _........_,..._..,,,_ .. __...,T:____.. ___ ..�__...___.___. ... _- -.._�. .__._ �..,� .. . _ _. . _ . .___.._..... ,. .. _.. , uo not aetacn this memorandum from the resolution so that this information wil! be available to the C�ty Council. �- �� P� � � ��� EXPLANATION OF ADMINISTRATIVE ORDERS � RESOLUTIONS, AND ORDINANCES Date: October 6, 1981 "",,�"J'"l"'-_� _ TO: MAYOR GEORGE LATIMER OCT 15�gg� FR: Personnel Of f ice ���•�^�.. ..a,1�Llr , ,�-:"tn.,° RE: Re�olution for submission to City Council ACTION REQUESTED We recommend your approval and submission of this Resolution to the City Council. PURPOSE AND RA�ZONALE FOR THIS ACT�ON This resolution approves a 1g81-1982-1983 Agreement beLween the City and Cement M son�s Local #560. The changes in this contract include the deletion of the�,esidency l�;equirement and the Mandatory Retirement Articles. There is also a change in wages. The wage increas is based on the union�s outside settlement with the A.G.C. This calls for a tot��. pac ge "�'increase in June, 1981 of $1. 87. In May, 1982 and May, 1983 the total package incre aes will be $1. 80 and $1. 75 respectively. The Juae,. 1981 increase for the city is $1. 74 in wages and . 13 for fringes. The distr bution of the total package increases for 1982 and 1983 will be determined at a later date whe the ,� cost of the fringes for the respective years are known. FINANCIAL IMPACT $1990. The city has one employee working part-time in this title, ATTACFIlKENTS: Resolution, Agreeme.nt and copy for City Clerk.