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277692 WHITE - / CITY CLERK ����� PIl1FMt - FINANCE COUIICII CANARY - DEPARTMENT G I T Y O F S A I N T ��U L BLUE .� - MAYOR File N . � ouncil Resolution Presented By � Referred To Committee: Date Out of Committee By Date An administrative Resolution approving the terms and conditions of the 1981-1982-1983 Maintenance Labor Agreement between the City of St. Paul and the United Slate and Tile and Composition Roofers Damp and Waterproof Workers Association, Local 96. WHEREAS, the Council, pursuant to the provisions of Section 12. 09 of the St. Paul City Charter and the Public Employees Labor Relations Act of 1971, as amended, recognizes the United Slate and Tile and Composition Roofers, Damp and Waterproof Workers Association, Local 96, as exclusive representative for those classes of positions within the City of St. Paul cer- tified by the Bureau of Mediation services under Case No. 73-PR-511-A for the purpose of ineeting and negotiating the terms and conditions of employme�nt for all full-time personnel in the classes of positions as set forth in the Agreement between the City and the exclusive representative hereinabove referenced; and WHEREAS, the City through designated representatives, and the exclu�ive representative have met in good faith and have negotiated the terms and condlitions of employment for the period May 1, 1981, through April 30, 1984, for such personnel as are set forth in the Agreement between the City of St. Paul and;the exclusive representatives; and WHEREAS, a ].981-1982-1983 Agreement has been reached which includes a wage adjustment retroactive to May 22, 1981; now, therefore, be it -1 - COU[VC[LMEN Requested by Department of: Yeas Nays Hunt Levine In Favor Maddox McMahon B snowaiter - __ Against Y — Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date — Certified Passed by Council Secretary BY BS' -- Appre�ved by 1�lavor. Date � Approved by Mayor for Submission to Council By _ — BY - I WHITE, �- CITY CLERK ����J PIf�K - FINANCE N CANAR� - DEPARTMENT G I TY O F SA I N T �A U L COUIICII BL,UE - MAYOR � r File N . Council Resolution Presented By I' Referred To Committee: Date Out of Committee By Date 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 United Slate and Tile and Composition Roofers, Damp and Waterproof Workers Association, Local 96, on file in the office of the City Clerk, is hereby approved, and the authorized administrative � officials of the City are hereby authorized and directed to execute said Agreement on behalf of the City. Approved: � hairm , Civil Se vice Commission -2- COUNCILMEN Requested by Department of: Yeas Hunt Nays � pERSONNEL OFFICE Levine In Favo[ Msdde+e � , McMahon Showalter - __ AgainSt BY � Tedesco Wilson �OV � 7 �981 Form pproved y Ci rney Adopted by Council: Date — � � Certified a: • ou cil . et BY By ��.��--� � NOV 1 8 19� App d by Mayor for m' si to Council APP by ;Nayor: sy — B PUBLISHED NOV 2 1 19$� �':�-� i _ _. . _ WHITE - CITY CLERK � � F�'� (� PINK - FINANCE � T T � /�411� CANARY - DEPARTMENT () I '�� Q�' �L� Jl �T 1 I�A LI I. F le ci1 N O. b � BLUE - MAYOR CITY CLERK �Q��cZ` �eSOGZ��Z�Y� Presented By Referred To Committee: Date Out of Committee By Date An administrative Resolution approving the terms and conditions of the 1981-1982-1983 Maintenance Labor Agreement between the City of St. Paul and . the United Slate and Tile and Composition Roofers Damp and Waterproof Workers Association, Local . 96. WHEREAS, the Council, pursuant to the provisions of Section 12. 09 of the St. Paul City Charter and the Public Employee s Labor Relations Act of 1971, as amended, recognizes the United Slate and Tile and Coxnposition Roofers, Damp and Waterproof Workers Association, Local 9b, as exclusive representative for those classes of positions within the City of St. Paul cer- tified by the Bureau of Mediation_services under Case No. ?3-PR-511-A for the purpose of ineeting and negotiating the terms and conditions of employment for a.11 full-time personnel in the classes of positior�s as set forth in the Agreement between the City and the exclusive representative hereinabove referenced; and WHEREAS, the City through designated representatives, and the exclusive representative have met in good faith and have negotiated the terms and conditions of employment for the period May 1, 1981, through April 30, 1984, for such personnel as are set forth in the Agreement between the City of St. Paul a.nd fhe exclusive representatives; and WHEREAS, a 1981-1982-1983 Agreement has been reached which includes a wage adjustment retroactive to May 22, 1981 ; now, therefore, be it _1_ COUNCILMEN Yeas Nays Requested by Department of: Hunt Levine [n Favor Maddox McMahon Showalter _ AgBinSt BY — Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date — Certifif:d Yassed by Council Secretary BY B, Approved by ;Llavor. Date _. Approved by Mayor for $ubmission to Council � r.�.. Av WHITE - CITY CLERK . � �� � . PINX - FINANCE � I + iT �� CANARY - DEPARTMENT (� I T Y O F S A I N T l,�l l.1 I� F le cil N O. � BLUE - MAYOR � � � Cou�cil Resol�tio� - Presented By Referred To Committee: Date Out of Committee By Date 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 United Slate and Tile and Composition Roofers, Damp a.nd � Waterproof Workers Association, Local 96, on file in the office of the , City Clerk, is hereby approved, and the authorized administrative " officials of the City are hereby authorized and directed to execute said Agreement on behalf of the City. APProved: Chairman, Civil Service Commission _2_ COUI�IC[LMEN Requested by Department of: Yeas Nays t�unt PERSONNEL OFFIC E Levine [n Favor Maddox McMahon B Showaiter � AgalIISt Y Tedesco Wilson - Form Approved by City Attomey Adopted by Council: Date CertifiE:d Passed by Council Secretary BY sy� � � Approved by V1avor: Date Approved by Mayor for Submission to Council Bl' -- By � � �'��,�'� r. 1981 - 1953 MAINTENANCE LABOIZ AGREEMENT - betwezn - THE CITY OF SAINT PAUL - and UNITED SLATE AND TILE AND COMPOSITION ROO�ERS, DAAfl' AND WATERPROOF WORKERS ASSOCIATION, LOCAL 96 � INDEX A�?^'T_CLE TITLE PAGE Preamble iii I Purpose � 1 fI Recognition 2 EII Employer Rights 3 IV Union Rights 4 � Scope of ehe Agreement 5 VI Probationary Periods 6 �IT Philosophy of Employment and Compensation 7 � �TII Hours of Work 8 I�' Overtime 9 % Call Back 10 1�I Work Location 11 �TI Wages 12 %ITI Fringe Benef its I4 XIV Selection of Foreman and GeneraZ For�a,n 15 XV Halidays 16 XVI Disciplinary Procedures 17 XVII Absences Frvm Work 18 XVIII Seniority 19 RIX Jurisdiction 20 XX Separa�ion 21 XXI Tools 22 XXII Grievance �rocedu.Q 23 xXITI Right of Subcontract - 27 %IV Non Discrimination 28 XR�T Ser��erability 29 XXVI Waiver 30 XXVII Milea.ge 31 XXVIII Duration and Pledge 32 Apgendix A A1 A�pendix B B1 Appendix C C1 Appendi�c D D1 - ii - � PREAMBLE This AGREEMEN'C is entered into between the City of Sain*_ Pau:l, herein- after referred to as the r�, iPLOYER, and the United S1ate and Tile and Composition Roofers, Damp and kTaterproof Workers Association, Roofers L�ocal 96, hereinafter referrec:. to as the UNION. The IIKPLOYER and the UNION concur that this AGREEMENT ha.s as its objective the pramotion of the responsibilities of the City for the banef it of the general public through effective labor-management cooperation. The II�LOYER and the UNION both rea.li.ze that this goal depends not only on the words in the AGREEMENT, but rather p�i.marily on attitu�es between pec�ple at all levels of responsibility. _Constructive attitudes of the Et�LOXER, the UNION, and ttia i.ndividual employees will best serve the needs of the general public. - iii - . � � �� � 1 � . , ,, _,_ ARTICLE I - PURPOSE 1.1 The EMPLOYER and the UNION agree that tfie purpose for entering into this AGRF�IENT is to: l.11 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted oper�tions and the highest level of employee performance that is consistent with the saf ety and well-being of al?, concerned; I.12 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the II�'LOYER and the UNION; I.Y3 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this AGREII�IENT tirithout loss of manpower productivity. I.I2 The II�IPLOYER and the UNION agree that this AGREEMENT serves as a supple- meat to legislation that ci,:ates and directs the E�IPLOYER. If any part of this AG�',.EF�h1ENT is in conflict with such legislation, the latter shall preva�l. 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 2.1 The EMPLOYER recognizes the UNION as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, pr�bationary, provisiona'. , 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 �o. 73-PR-511-A dated May 11, 1973. 2.2 The classes of position recognized as being exclusively repre�ented by the UNION are as listed in Appendix A. - 2 - � ARTICLE III - EMPLOYER RIGHTS 3.1 The EMPLOYER zetains the right to operate and �.-iage all manpower, ' facilities, �nd equipment; to est-blish functions and programs; to set and amend budgets; to determine the utilization of technology; �o establish and modify the organizational structure; to select, �irec� and determi.ne the number of personnel; and to perform any �nherent ma.nagerial function not specif ically limited by this . A�REEMENT. 3.2 Any "term or condition of employtaent" not established by this AGGBEIlKENT shaZT remain with the F�IPLOYER to eliminate, modify, or establish follosa�ing written notification to the UNION. _ 3 _ N/ //n /. ` / %� � � � ���, � ARTICLE iV - UNION RIGHTS 4.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly_ UNION dues. Such monies deducted shall be remitted as dire�cted bX the UNIflN. � 4.11 The �IPLOYER s.:all not deduct dues from the wa�es of employees covered by this AGREEMENT for any other labor organization. 4.12 The UNION sha11 indemnify and save harmless the EMPLOYER from any and all claims or cha.rges made against the EMPLOYER as a result of the j.mplementation of this ARTICLE. 4.2 The UNION may designate one (1) employee from the bargaining unit to a�t as a Steward and shall inform the E�S�'LOYER in writing of such designation. Such employee shall have the rights and responsibilities as designate,: in Article 22 (GRIEVANCE PROCE�URE) . 4.3 Upon notif ication to a designated IIK��iAYER supervisor, the Business Manager of the UN�ON, or his designated representative shall be per- mitted to cnter the facilities of the E�IPLOYER where empZoyees covered by this AGREEME*�T are working. _ 4 _ I � ARTICZE V - SCOPE OF THE AGRE�IENT 5.1 This AGREEMENT establishes the "terms and conditions of employment" defined by M.S. 179.63, Subdivision 18 for a11 employees exclusively represented by the UNION. This AGREEMENT shall supersede such "��erms and conditions of employment" established by Civil Service Hule, Council Ordinance, and Council Resolution. - 5 _ � . ������ . ARTICLE VI - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) month`s probationary period during which time the empl.c�yee'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 emplayee may be terminated at the discretian of the IIKFLOYER without appeal to the provisians 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 sha11 serve a six (6) months' promotional probationa.ry period during which time the employee's fiti�ass and abilitq to per€orm the class of positions' vsties and responsibilities shall be evaluated. 6.21 At any time during the promotiona.l probationary period an employee may be demoted to the �aployee's previously held class of positions at the discretion of the �iPLOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE) . 6.22 An employee demoted during the promotional probationary period shall be returned to the. e�nployee's previously held class of positions and shall receive a written notice or t�-.� reasons for demotion, a copy of which shall be sent to the UNIQN. - b - � ARTICLE VII - PHILOSOPHY OF II�IPLOYMEti�T AND COMPENSATION 7.1 The EMPLOYER and the UNION are in full agreement that the philosophy of employment and compensation shall be a '"cash" hourly wage at;3 "industry" fringe benefi- system. 7.2 The II�LOYER shall compensate employees for alI hours worked at the basic hourly wage rate and hourly fringe t�enefit rate as found in Is�:icles 12 (WAGES) and 13 (FRINGE BENEFITS) . 7.3 No other c�mpei�sation or fringe benefit shall be accumulated or e�arned by an eznpioyee except as specifically provided for in this A+G�EEMENT; except those employees who have individualTy optianed to be "grandfathered" as provided by 12.2. - 7 - . I � ARTICLE VIII - AOTIRS OF WORK 8.1 The normal work day shall be eight (8) consecutive hours per day, ex- cluding a thirty (30) minute unparyd 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 I�ionday through Friday. 8.3 If, during the term of this AGREEMEN�, it is ne�.essary in the. F1KPL0YER�S judgment to establish second and third shif�Cs or a work week of other than rionday through Friday, the UNION agrees to enter into negotiations i�mediatelg to establish the conditions of such shifts and/or work waeks. 8.4 This section shall not be constr:z d 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 locati�n designated by their supervisor, ready for work, at the established starting time and shall remain a.t an assigned work location until the end of the establishe:l work day unless otherwise directed by their supervisor. 8.6 A11 employees are subjt�t to call-back b� the EMPLOYER as provided by Article 10 (CALL St1CK) . 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 bean given not to regort for work prior to leaving home, or during the previous work day. - 8 -. . � � J� �� � ARTICLE IX - OVERTII�IE 9.1 Overtime. Time on t��e payroll in excess of the normal hours set forth above shall be "overtime work" and sha1Z be done only by order of the head of the department. An employee shall be recompensed fo� work done fn excess of the normal hours by being granted compensatory time on a �ime-and-one-half basis or by being paid on a ti.me-and--one-half basis far such overtime work. The basis on which such over�isne shall be paid � �hall be determined solely by the EMPLOYER. �.2 The overtime rate of one and one-half (1�) times the basic hourly rate ' s�tall be paid for work performed under the following circumstances: 9.21 Time work.ed in excess of eight ($) hours in any one normal work day and 9.�2 Time worked on a sixth (6th) day foZlowing a normal work t�eek. 9.3 The overt3me rate of two (2) times the basic hourly rate shall be paid far work performed under the following circumstances: 9.31 Time wortr�ed on a holiday as defined in Article 15 (IiOLIDAYS) , except as grovided in 15.6. 9.32 Time worke�' on a seventh (7th) day follawing a nor¢�al work week; and 3.33 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 �I��. 9.4 For tha gurposes of calculating overti.me compensation, overtime hours wQrked :shall not be "pyramided", compour.dsd, or paid twice for the same hours warked. _ c� _ ARTICLE X - CAI<L BACK 10.1 The EMPLOYER retains the right to call back empioyees before an employee has started a normal work day or normal work week and after an employee has conpleted a normal work day or normal work Y week. 10.2 Employees called back shall receive a minimum of four (4) haurs pay at the basic hourly rate. 1�.3 The hours worked based on a call-back shall be compensated in accordance with Article 9 (OVERTIME) , when applicabie, and subject to the m�nimum established by 10.2 above. 10.4 Emp3oyees called back four (4) hours or less prior to their norma7. work day shall complete the normal woix day and be compensated oniy for the overtime hours workec� in accordance with Article 9 (OVERTIME} . - 10 - - ARTICLE XI - WORK LOCATION 11.1 Employees shall report to work location as assigned by a designated EME'LOYER supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the EMPLOYER. I1.2 Employees assigned to work locations during the normal work day, ozher tha.n their originai assig�ent, and who are required to furn3.sh their own transportation shall be compensated for mileage. — 11 � ,..v.�.__�_.. .. _.. __ _ _..�.____...._,_._.....�. �____. .___.....---.. _.,_ _ _..u�..„.��_.�..�_�,—�,...�..._n,.._.�_�.�_._._...T.�._..,..,..,.�,.....�.,.......�.._. _. ARTICLE XII - WAGES 12.1 The basic hourly wage rates as established by Appendix C sha11 be paid for all hours worked by an employee. 12.2 Employees who are covered by the fringe benef its Iisted below shall continue to be covered by such benef its. They shall be subject to aIl other provisions of the AGREEMENT, but shall not have hourly fringe bene€it contributions and/or deductions made on their beha.lf as grovided for bq Arti.cle 13 (FRINGE BENEFITS) . 12.21 Insurance benef its 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 the Saint Pau1 Salary Plan and Rates of Compensation, Section I, Suhdivision H. 12.24 Nine (9) legal holidays as established by t�_� Saint Paul Salary Plan and. Rates of Compensation, Section �C, Subdivision L 12.25 Severance benef its as established by Ordinance No. I1490 with a maximum payment of $4,000. 12.2h The EMPLOYER will for the period of this AGREF�ia1T provide for employees working under the titles as Iisted in Append� A who retire after the time of execution of this �iGREEMENT or who have retired since September 1, I974, and until such employees reach sixty-five (65) years of age such Iif e, hospital and medical insurance beaefits as are provided by the F�fPLOYER - iz - � ������ ' ARTICLE XII - WAGES (continued) 12.27 In order to be eligible for the benefits under the provision of 12..26 the employee must: 12.27.1 Be receiving benef its 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. }.2.27.3 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. 12.3 Re�ular employees not covered by the fringe benefits listed in Article 12;.2 shall be cansidered, for the purposes of this AGREEMENT, participating �nployees and shall be compensated in accordance with ArticlA 12.1 (WAGES) - �d have fringe benefit contributions and/or deductions made on their behal€ �s grovided for by Article 13 (FRINGE BENr:r'ITS) . 12.4 Provis3onal, temporary and emargency employees shall be considered, for the purgos� of this AGREEhiENT, participating employees and sha1.1 be comgensated f.n accordance with Article 12.1 (WAGES) and have fringe benefit contributions end/or deductions made in their behalf as provided fo:- by Article 13 FRII�GE �ENEFITSI. 12.5 Al1 regular employees employed af ter February 15, 1974, shali be considexed for the purpase of this AGREEMENT, participating employees and shall be Comp.ens,ated in accordance with Article 12.1 (WAGES) and have fringe bene�it contributions andjor deductions made on their behalf as provided for by �irticle 13 (FRII�TGE BENEFITS) . - I3 -- � � � � � � 9�-- � ARTICLE XIII - FRINGE BENEFITS 13.1 The EMPLOYER shall �ake contributions on behalf of and/or make deductio:�s from the wages of employees covered by this AGRE�i�� in accordance with Appendix D for ail hours worked. - 14 - ARTICLE XIV - SELECTION OF FORII�N AND GENERAL FORE�ifAN 14.1 The selection of personnel for the class of position of Fore�an shall remain solely with the E^�PLOYER. 14.2 The class of position of Foreman shall be f illed by employees of the bargainiag unit on a "temporarq assigr,ment". 14.3 All "temporary assigimnents" shall be made only at the direction ot a ct�esignated EMPLOYER supervisor. 1k.4 S.uch "temporary assig�ents" shall be made only in cases where the �3ass of positions is vacant for more t�an one (1) normal work day. - 25 - � ARTICLE XV - HOLIDAYS 15.1 The following nine (9) days shall be designated as holidays: New Year's Day, January 1 Presidents' Day, Third Monday in February Memorial Day, last Monday in. May Independence Day, July 4 - Labor Day, first Monday in Septernber , Columbus Day, second rEonday in October Veterans' Day, November ll 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 holidaq. When any of these three (3) holidays falls on a Saturday, the greceding Friday shall be considered the designa.ted holiday. 15.3 The nine (9) holidays shall be considered non work days. i5.4 Zf, in the judgment of �he EMPLOYER, personnel are necessary for operating or e�ergency reasons, employees may be scheduled or "called back" in accordance with Article X (CALL BACK) . 15.5 Employees warking on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. - lb - � 7 �� ��- � ARTICLE XVI - DISCIPLINARY PROCEDURES 16.1 The EMPLOYER sY�ai7 have the right to impose disciplinary actions on employees for just cause. 16.2 Disciplinary actions by the EMPLOYER shall include only the following �ctions: },6.21 Oral repriaand �6.22 Writt�r, reprimand 16.23 Suspe�n�ion 16.24 De�otion 1b.25 Discharge T6.3 Emploqees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission ar a designated Board of Review. The Civil Service Commission, or a designated Board of Review, shall be the sole and exclusive means of re�iewing a suspens3.on, de�motion, or discharge. No appeal of a suspen�ion, dea�arion, or discharge shall be considered a "grievance" for the purpose of grocessing through the provisio�s of Article 22 (GRIEVANCE PROCIDURES) . - 17 - ARTICLE YVII - ABSENCES FROM jdORK 17.1 Empioyees who are unable to report for their normal work day have the resgansibility to notify their supervisor of such absence as saon as possible, but in no event later than the beginning of such work day. 17.2 Failure to ma.ke such notification may be grounds for discipli.ne as provided in Arti.cle 16 (DISCZPLINARY PROCEDURES) . 17.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a "quit" by the E�'LOYER on the part of the empluyee. - 18 - ARTICLE XVIII - 5ENIORITY 18.1 Seniority, for tt�� purposes of this AGREEMENT, shall be defir.ed as follows: 18.11 "MastF.: Seniority" - tize length of continuous. regular and probationary service with the EMPLf. �ER from the last date of employment in any and ali class titles covered by this AGREEMENT. 18.12 "Class Seniority" - the Iength of continuous regular and probationary service with the EMPLOYER from the . date an em�loyee was f irst appointed to a class tit?e covered by this AGREEMENT. I8.2 Se�iarity sha13 not accumulate during an unpaid leave of absence, except whe� such a leave is granted for a period of less than thirty (30) calendar days; is granted because of il.lness or injury; is granted to allow an employee to accept an appoir�nent to the unclassif ied service of the.IIKPLOYER or to an elected or appointed full-time position with the UNION. I8.3 Senic�rity shall tarmina.te when an emgloyee retires, resigns, or is discharged. 1$.�i In the event it is determined by the IIKPLOYER that it is necessary to reduce tfie work .force em^loyees will be laid off by class title within each department based on inverse length uf "Class Seniority". Employees laid of:� sha7.1 have the right to reinstatement in any lower-paid class title, provided, employee has greater "Master Seniority" than the emplaiyee being replaced. 18.5 The selection of vaction periods shali be made by class title based on length of "Class Seniority", subject to the approval of the EMPLOYER. - 19 - �� �1 `� � ��% ' ARTICLE XIX - JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various union representing employees of the IIyIPLOYER. r 19.2 The EMPLOYER agrees to be guided in the assignment of work jurisdictian by any nutual agreements b.etween the union involved. 19.3 In the event of a dispute concerning the performance or assig�nent af work, the unions invol�ad. and the E�iPLOYER sha11 meet as soon as mutuallX possible to resolve the dispute. Nothing in the foregaing shall restrict the right of the II+IPLOYER to accomplish the work as originally assig�ed pending resolution of the dispute or to restrict the F�IPLOYIIt'S basic right to assign wnrk. 19.4 Any employee refusing to perform work assigned by the EMPLOYER and as clarified by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided an Article 16 (DISCIPLINARY PROCEDURES) . 19.5 There shall be no work stoppage, slow down, ar any disruption of work resulting f�-vm a work assigriment. - 20 - � w ���� - ARTICLE XX - SEPARATION 20.1 Employees having a probationary or regular employr.ment status shall be considered separated from employment based on the following actions: 2O.li Resi nag tion. Employees resigning from emplayment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. . 2�.12 Discharge. A, provided in Articie lE. 2#�.13 Failure to Regort for Dut�. As p�ovided in Article 17. 20.2 Employees having an emergency, temporary, or provisi �:sal employment �tatus may be termina.ted at the discretion of the EMPLflYER before the completion of a normal work day. - 21 - � ARTICL� X�I - TOOLS 21.1 All employees shall perso��lly provide themselves with the tools of the trade as liste3 in Appendix B. - Z2 - � ARTICLE �II - GRIEVANCE PROCEDURE 22.1 The II�IPLOYER shall recognize stewards selected in accordance with UI�?�0�� rules and regu?..ati�ns as the grievance representative of the barga�ning unit. The UN?UN shall notify the EMPLOYER in writir.g of the names of the stewara� and of their successors �ohen so named.. � 22.2 It is reco�r.ized and accepted by the EMPLOYER and the UNION that the � processing of grievances as hereinaf ter provi�.e_d_ is limited by the job duties and responsibili'-tes of the employees and shall therefore be aecomplished during working hours only when consistent with such emplo�ez duties and responsibiZities. The steward i.nvalved and a �;rieviug e�sployee shall suffer no loss in pay when a grievance is processed during workia.g hours pra•-ided, the steward and the employee have notified and rece�ved the approval af thei° s�;.��rvisor t,^ ae absent to process a grie��ance and t�.at such absence would not be detrimental to the work programs of the the EMPLOYER. 22.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure, ea�cepL for the appeal af disciplinary action as provided by 16.3, for the pracessing of grievances, which are defined as an alleged violation of thE terms and conditions of this AGREEMENT. 22.4 Grievances shall be resoived in. coa..*��ar.ce with the followin� procedure: Step 1. Upon the occurrence of an alleged violation of this AGREEME�TT, the employee involved shall attempt to resolve ths matter �n an informal basis with the employee's suparvisor. If th� matter is not resolved to th� employee's satisfact-�on by the i.nformal discussion it may be Xeduced - 23 -• , � ������ ARTICLE �II - GRIEVAL�i;E PROCEDURE (continued) to writing and referred to Step 2 by the UNION. The written grievance shall set £orth the nature of the grievance, the facts on whi�h it is based, the alleged section(s) of the AGREEMENT vi.c�lated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION witnin seven (7) calendar daqs of the first occ••rrence of the event giving rise to the gri� �ance or within the use c�f reasonable diligence should have had knowZedge of the �irst occurrence of the event giving rise to the grievance, Sha.11 be considered waived.. Step 2. Within seven (7) calendar aays after receiving the written grievance a designated II�fPLOYER superv�:.sor :��all meet with t',- Union Steward and atte:,�pt to resc�Zve the grievance. If, as a result of this meeting, the grievancs� remains un- resolved, the F�IPLOYER shall replq in writing tc the tTT3I0N iaithin three (3) calendar days following this meeting. The UNION may refer the grievance in writin� to Stap 3 within seven (7� calendar days foilowing recei�►t of the E�LOYLR'S wrxtten saswer. Any grievance not ref.erred in writing by the UNION �ithin seven (71 calendar .days fallQwing receipt of the EMPLOYER'S answer shall be considered waived. - 24 - ARTICLE XXII - GRIEVANCE PROCEDURE (continued) Step �. Within seven (7) caler_dar da;rs follo�ain�; recei�t of a : grievance ref erred from Step 2 a designa.ted EMPLOYER supervisor shall meet with the Union Business P�anager or his designated representative a.nd attempt to resolve the grievance. Withi.n. J seven (7) calendar days folZowing this meeting the EMPLOYER shall reply in writing to the UNION stating the F�IPLOYER`S answer concerning the grievance. If, as a result. of the written response the grievance remains unreso3.ved, the UNION may ref er the grievance to Step 4. Any grievance not referred to in 4rriting by the UNION to Step 4 within seven (7) calendar days fol.Lowing receipt of the II�TPLOYER'S answer shall be con�idered waived. Ste^�4. If the grievance remains unresolved, the UNION may withia seven �7) calendar days af ter tha response of the F�IPLOYER in Step 3, by written notica to the EMPLOYER, request arbitration of the grievance. The arbitration procee�ings sha1�. be con:ducted by an arbitrator to ba selected by mutuaZ agreement of the II�fPLQYE� and the UNION within eeven (7) calendar days after notice has bee� given. If the parties faii to mutual? �F agree upon an arbit ator within the said seven (7) day period, either party may reqaest the Public Employment Relation Board to submit a panel of f ive (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 IIKPLOYER shall �hen strike one (I) name. The process will be repreated and the remaining person shall be the arbitrator. - 25 - ARTICLE XXII - GRIEVANCE PROCEDURE (continu�d) 22.5 The arbitrator shall havs no right to anend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMEPdT, The arbitrator shall consider and decide only the specific issue su�mitted in writing by the EMPLOYER and the UNION and shall have no authority to � .ke a decis-ion on any other issue not so submitted. The arbitrator shall be �ithout power to ma.ke dec�sions contra�y to or inconsistent with or modifying or varying in any way the a�plication of laws, rules, or r�gulations having �Y�e force and effect of law. The arbitrator's decision shall be submi�:�ted in writing within t:�irty (30) days following close of the hearing or the submission of briefs by the parties, which- ev�r be later, unless the parties agree to an extens3.on. The decision shaSl be based solely on the arbit�ator's interpretation or application of the express terms of this AGREEMENT and ta the facts of the grievance pr�sented. Th�. decision of the arbitrator shall be final and binding on the IIKPLOYER, the UNION and the emgloyees. �2.6 The f ees and exper.�es for the arbitrator's services and proc�edings shall be borne equa�;.sq by the EMPLOYER and th� UNION, provided that each party shall be responsible for compensating its own representative and witnesses. If either party cancels an arbitracion hearing or asks far a last minute postponement tha.t leads to the arbitrators maki�g a change, the canceling party or the garty asking for the postponement shall gay this charge. If either party desires a verbatim record of �be prviceed�.ngs, it may cause such a record to be made providing it pays far the record. _ 22.7 'T'he time limi�s in each step of this proceduze may be extended by mutual agreement of the EMPLOYER and the UNION. - 26 - � 116 ��.� ART'�CLE XXIII- RIGHT OF SUBCONTRACT 23.1 The F.�SPLOYER may, at any time during the duration of this AGREEMENT, contract out work done by the employees cavered by this AGREEMII�IT. In the event that such contracting would result in a reduction of the wor�: force covered by this AGREII�I�1T, the EMPLOYER sha11 give the UNION a ninety (90) calendar day notice of the intention to subcontra�t. 23.2 The subcontracting of work done by the employees eovered by this AGREEMENT shall in all cases be made only to eiuployers wh� q�lify in accordance with Ordinance No> 1401.3. - 27 - . � � . . . .;y�F.��Q �'l�� ARTICLF; �XIV- NON-rZSCRIMINATION 24.1 The terms and conditions of this AGREEMENT will be anplied to employees equally without regard to, or discrimination for or against, any individual because o� race, color, creed, sex, age, or beeause of mem6ership or nan--;:;;.�-_c�,bership in the UNION. 24.2 Employees will p�rEor� their duties and responsib3.lities in a non- " discriminatory ^:anner as such �uties and responsibilities i.nvolve o�Ci�ex employees and the general public. - 28 - ARTICLE XXV - SEVERABILITY 25.1 In the event that any pravision(s) of this AGREEr1E�iT is declared to be contrary to law by proper legislative, administrative, or judicial authority from whose f i�ding, determination, or �ecxee no appeal is taken, such provision(s) shall be voided, Ali other r provisions shal�? 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 AGREEriIlVT in co�pliance with the legislative, administrative, or judicial determination. - 29 - ARTICLE X.�:`�i - WAIVER 26.1 The EMPLOYER and the INION acknowledge that during the �eeting and negotiating which resulted in this AGRE�'._,1�iE1vT, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreem�nts and under- standings reached by the parties af ter the exarcise of this right are fully and completely set forth in this AGREE..-IENT. 26.2 Therefore, the II�IPLOYER and the UNION for the duration of this • AGREE��ENT agree that rhe other paYty shalI. not ba obligated t� �et ar�d negotiate over any term or conditions of employment whether specifica.11� covered ar not specifically covered by this AGREEMEi�iT. The UNION and EME'LOYER may, however, mutually agree to modify any provisi.on of this AGREEMENT. 26.3 t�uy and all prior ordinances, agret:ments, resolutions, practices, galic�:.=,�s, and. rules or regulations regarding the terms and conditions of emI".- yment, to the extent they are inconsistent with this A�REEMENT, are hereby supersec�ed. - 30 - ARTICLE XXVII - MILEAGE 27.I Automobile Rei�bursement Autharized: P�rsuant to Chapter 33 of the Saint Paul Administrative Code, as araended, pertaining to reimbursenenz of City officers and employees for the use af their own automobiles in the performance of their duties, the fol3.owing provisions are adopted., r 27.2 Method of Camputation: To be eligible for such reimb�wsement, alI officers and employees must receive written authorization fram the Department Head. � Type 1. If an employee is required to use his/her own autamobile OCCASIOrlALLY during .employment, the employee srall b� reimbursed at the rate of $3.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's posiLion. In addition, the employee shall be re�bursed 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 des�.Mes to use his/her own automobile, then the employee shall be reim- bursed at the rate of 15� pex mile driven and shall not be eligible for any per diem. Type 2. If an employee is required to use his/her own automabile REGULARLY during employment, the employee shall be reimbursed at the rate of $3.00 per day for each day of work. In addition, th+e emplr;��e shali be reimburs�d 15�. per mile for each mile actually driven. If such employe.� is required to drive an automobile during employment and the depart��nt head or designa�:ed representativa determines that an employer vehicla is available fnr the employee's use hut the employee desires to use his/her own automobile, then the employee shall be reim- bursed at the rate of 15� per mile driven and shall not be eligible �ar any per diema 27.3 The City will provide parking at the Civic Center Parking Ramp for City employees on either of the above mentioned types af reimbursement plans wha are required to have their personal car available for City business. 9uch parking will be provid�� only for the days the employee. is require@ to have his or her own personal car available. 27.4 Rules �.nd Re�ulations_ Tha Mayor shall adopt rules and regulations governing ttie proced��ces for auto...ob�.1e reimbursement, which regul.atio�s and rules shal2 conta.�;.r� the requirement that recipients shall file daily reports indicating miz�s driven and shal? file monthlq affidavits stating the n�nber of days worked and the number of mil�s driven, and further require that they maintain automobile liability insurance in amounts of not less than $100,000/$3d0,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $3OQ,OQd � single limit coveragey with the City of Saint Paul named as an additiona.l insured. These r�:tes and regulati�ns, together with the amendmeat thereto, shall be maintained on f ile with the city cler�C. - 31 - ARTICLE XXVIII - DURATION ANi3 PLE?JGE 28.1 This AGREEMENT shall become effective as of t�.�:�: date of signing, except as specifically provided otherwis�: in Artic?_es 12 and 13 and sha11 remain in effect through the 30th day of April, 1984, and continue in • effect fron year to year thereaf ter unless notice to change or ta terminate is given in the manner provided in 2$.Z. � 28.2 if either �arty desires to te�-�iinate or modify this AGREEMENT, effective a� of the date of expiration, the pax°.:_�r wishing to modify or terminate the AGREEMENT s��:a11 give written notice to the nther garty, not more tlian ninety (90) or less than sixty (6G; calenda:� �ays prior to the expir2tion date, provided that the .AGRBI:itENT ma.y on1.y be so terminated Qr modifi�ed effective as of the expir.atifln da.te. 28.3 In considerat3.o�. of the terms and conditions of eanployment established by this AGRE�.,1'KENT and the recognitio�t that the GRiEVANCE PROCEDURE harein establish�u is the means by whicn griev�nces concernin�; its agplication or intarpre;.at�.on may be peacefully res; lved, the parties hereby pledge that during the term of the AGREEM�,'T: 2R.31 The UNION and the employees will r.�t engage in, instigate, or condone any concerted action in which employees fail ta report for duty, willfully absent themse�ves fram work, stop work, slow down their wark, or absent themselves in whole ' ctr in part from the full, faithful performance of their duties Qf empl.oymenr, - 32 - � ARTICLE XXVIII - DURATION AI�TD PLEDGE (continued} 28.32 The EMPLOYER will not engage in, instigate, or condone , any lockout of employees. 28.33 This constitutes a tentative agreement bet��een the parties which will be recommended by the City Negotiator, but is sub�ect to the approval of the Administration of the City and is also subject to ratification by the UNION. AGREED to this 21 day of September, 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 ErIPLOYER and the UNION. WiTNESSES: CITY OF SAINT PAUL UNITID SLATE AND TILE AND CQMPOSITION ROOFERS, DAMP AND WATERPROOF WORKERS ASSOCIATION, LOCAL 96 � 1 � :,�. . ��� �� -�, �� � ���� L bor Relations ir , tor Bus�iness Mana.ger Civil Service Commission - 33 - . ����� APPENDIX A The classes of positions recognized by the EI�IPLOYER as being exclusively represented by th� UNION are as follows: Roofer Foreman Roof er �PPrentice �nd other classes of ��<�sitions that may be established by the �?PLOYER where �.he duties and responsibilities assigned comes within the jurisdiction of the LTNION. - A1 - ' APPEN�IX C The basic hourly wage rate far provision3l, regular, and probationary employees appointed to the following classes of positions ar.d not receiving tha Fringe Benef its listed in Article 12.2 shall be: Effective Effective Effective 5-22-81 5-01-82 5-01-83 Roofer. . . . . . . . . . $12.64 $14.38 $16.09 Roofer Foreman. . . . . . $13.85 $15.58 $17.29 The basic hourly wage rate for temporary and emergency emplayees appointed to the following classes of gositions shall be: Eff ective Eff ective Effective 5-22-�1 5-01-82 5-01-83 Roo£er. . . . . . . . . . $13.i5 � $14.95 $16.73 Roo£er Foreman. . . . . $14.40 $16.20 $17.98 APPrentice � - 50Q hours . . . . . . . . . 66% cf Roof er rate 501 - 1300 hours. . . . . . . . 70% of Roofer rate 1301 - 2100 hours . . . . . . . 8Q% o� Roofer rate 2101 - 2900 hours . . . . . . . 85% of P.00fer rate 2901 - 370� hours . . « . . . . 90% of Roof ar rate 3701 - 4500 hours . . . . . . . 95! of Roofer rate The basic hourly wag� rate f�r regular employees appointed to the folloa�- ing class af positions who ar� receiving the Fringe Bene£its listed in Article 12.2 shaJ1 be:. Effective Effective Effective 5-22--81 5-01-82 5-01-83 Raofer. . . . . . . . . . $13.�5 * *� *The 1�Iay 1, 1982, ho�:w�,g wage rates in t3�is contract wi11 be tr� rate as shown b€low le=a the cost of �ick leave usage for 1981 and less the cost of vacation, ht►lida.ys and pen:,ions for 1982 and less the cost of h�alth and 1'ife insurance - �1 - ._ _ ___ _ _ . __. ,.- --- � � � � 1 � ��. APPENDIX C (continued) for the period �tay, 1981 thru April, 1982 incurred by the employer far empl�yees in this bargaining unit. Roof er $17.48 ; **The May 1, 1983, hourly wage rates in this cantract will be the rates as s�� below less the cost of sick leave usage for 1982 and less the cost af vacation, holidays and pensions for 1983 and less the cost of health a�z' life insurance for the period May, 1982 thru April, 1983, incurred by the e�ployer far employees in this bargaining unit. Roof er $19.26 If the Union elects to have the contributions listed i.n Apgendix D increased or decreased, the Employer may adjust the above appZicable rates for partici- pating employee� i� such a way that the total cost of the package (wage rate plus cont�.:Lbutions) r�mains constant. - C2 - � ������ r'. � APPENDIX D Effsctive May 22, 19$l, the EMPLOYER shall: (1) contribute $ .98 per hour for a11 hours worked by participating employees as defined in Articles 12.3, 12.4 and I2.5 covered by this AGREEMENT, to a L'NION designa.ted �r'elfare Fund. (2) contribute $ .50 per hour for all hours worked by partici.pating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a Pension Fund (3) contribute $1.00 per hour from which gayroll deduction has been made for all hours caorked by participating eniployees as defined in Articles 12.3, 12.4 and 12.5 covered by Chis AGREEMENT, ta a Vacat�ion Fund. �4) contribute ,$ .05 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to an Apprenti�.eship Traini�u�d. �11 contributi�t�� made in accor3ance with this Appendix shall be forwarded to depositories as directed by the UNION. The II�IPLOYER shall establish Worlanan's Compensation and Unemployment Compensation progr�ms as required by Minnesota Statutes. Participating employees as def ined in Articles 12.3� 12.4 and 12.5 covered by this AGRE�iENT, shall not be eligible for, governed by, or accumulate vacation, sick Zea�e, holiday, funeral leave, �ury duty, or insurance fringe b.enefits that are or may be estab';.shed by Ci�il Service Rules, Council Ordinance, or Council Resolution. - Dl - _ __ � � S � � • . . � . � .. . � .. .. � APPEN�IX D (ccntinued) The EMPLO`LERtS fringe benefit obligation to participatir.g smployees as defined in Articles 12.3, 12.4 and 12.5 is limited to the contributions and/or deductions established by this AGREEMINT, The actual level of benef its provided to employees shall be the responsibilit� of the Trustees of the various funds to which the F1�SPLOYER has forwarded contributions and/ar . deductions. � D2 - � �, �, �1 �- �'e �8�- 8�-- Do not detach this memorandum from the c�w resolution so that this information wiil be �� � ��� availab,e t�������r'�MINISTRATIVE ORDERS, RESOLUTIONS, AND ORDINANCES Date: October 5, 1981 -�--..� .__, � ' �� OCT 151�8 T0: MAYOR GEORGE LATIMER ' ,'r;,-�-=-, FR: Personnel Of f ice ^ � �,' ^ "����' �-� RE: Resolution for submission to City Council ACTION RE�UESTED We recommend your approval and submission of this Resolution to the City Council. PURPOSE AND RATIONALE FOR THIS ACT�ON This Resolution approves the 1981-].982-1983 Agreement between the City of St. Paul and fihe Roofers Local No. 96. The Agreement is for the period May 1, 1981, through April 30, 1984, and calls for a $1.85 an hour increase in the total package in May, 1981. The Agreement also calls for total package increases of $1. 80 i.n May, 1982 a.nd $1. 78 i.n May, 1983. Other changes include a deletion of the residency requirement and mandatory retirement article s. FINANCTAL IMPACT None. The City currently has no employees working in the classes of Roofer or Ro�fer Foreman. ATTACHI�IENTS: Resolution, Agreement and copy for City C1 erk.