277693 �yy�,�y i
WNITE - CITY CLERK •� ]• /�n'�
PINK - FINANCE COUIICII ri'r s 9 ��v
CANARY - DEPARTMENT G I TY O F SA I NT �A U L
. BLUE - MAYOR File N O.
Council 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 Twin City Carpenters District Council.
WHEREAS, the Council, pursuant to the provisions of Section 12. 09
of the St. Paul City Charter and the Public Employees Labor Relations Act
of 1971, as amended, recognizes the Twin City Carpenters District Council,
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-
478-A for the purpose of ineeting and negotiating the terms and conditions of
employment for all full-time personnel in the classes of positions as set forth
in the Agreement between the City and the exclusive representatave hereinabqve
referenced; and
WHEREAS, the City through designated representatives, and the exclusive
representative have met in good faith and have negotiated the terms and condiitions
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 repre sentative s; and
WHEREAS, a 1981 -1982-1983 Agreement has been reached which includes
a wage adjustment retroactive to July 20, 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 Twin
City Carpenters Council, on file in the office of the City Clerk, is hereby app�roved,
and the authorized administrative officials of the City are hereby authorized and
directed to execute said Agreement on behalf of the City.
Approve d:
��
G
hairma , vi Service Commissi
COU[VCILMEN Requested by Department of:
Yeas Hunt Nays r pERSONNEL OFFICE
1�
Levine In Favor
MnMlex —' ,
McMahon
snowaite� - � __ Against BY
Tedesco
Wilson �,y t(181
Np� -� ►�
Form A roved y Ci t rne
Adopted by Council: Date — �
CertifiE:d Y• ;_e by Counci cre BY
App by Ylavor: t ��V � S �'v� Appr y Mayor for Su m ss n to C cil
By — — BY
UBLISHED NOV 2 1 1981
__ _ _ _ _. _ _
� WHI'f E - CITY CLERK � � �' /�`��
CANARY - D PqRTMENT � T � COLL[tC1I w
BLUE - MAYOR � � T�' O�' SA I :\ T � A LI L File NO.
CITY CLERK �'ou�z��l ��sol�tio� -
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 Twin City Carpenters District Council.
WHEREAS, the Council, pursuant to the provisions of 5ection I2. 09
of the St. Paul City Charter and the Public Employees Labor Relations. Act
of 1971, as amended, recognizes the Twin City Carpenters District Council,
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-
478-A for the purpose of ineeting and negotiating the terms and conditions of
employment for all full-time personnel in the classes of positions as set for�h
in the Agreement between the City and the exclusive representatave 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 and the
exclusive representatives; and
WHEREAS, a 1981-1982-1983 Agreement has been reached which includes
a wage adjustment retroactive to July 20, 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 Twin
City Carpenters Council, 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.
Appr ove d:
Chairma.n, Civil Service Commission
COUNCILMEN
Yeas Nays Requested by Department of:
Hunt PERSONNEL OFFICE
Levine In FBVOi
Maddox
McMahon B
Showalter - __ Ageillst Y --
Tedesco
Wilson
Form Approved by City Attorney
Adopted by Council: Date —
Certified Passed by Council Secretary BY
B� --
Appruved by �lavor. Date _ _ Approved by Mayor for Submission to Council
B�' ---- – — -- BY
. �"'����`�
�
198i - 1982 - 1983
LABOR AGREEMENT
- between -
T�iE CITY OF SAINT PAUL
- and -
UNITID BROTHERHOOD OF CARPE1v":'ERS
AND JOINF.RS OF A1�'IERICA
TWIN CITY CARPENTERS DISTRICT COUNCIL
�2 7 7�'9.�
� I N D E X
ARTICLE TITLE PAGE
Preamble iii
I Purpose 1
II Recognition 2
III Employer Rights 3
I�l Union Rights 4
V Scope of the Agreement 5
VI Probationary Periods (
VII Philosophy of Employment and Compersation 7
- VIII Hours af Work g
IX Overtime 9
X Call Back 10
XI Work I.ocation 11
RII Wages 12
XIII Fringe Benef its ],1�
XIV Selection of Foreman and General Foreman I5
XV Holidays 16
XVI Disciglina.ry Procedures 17
XVII Absences From Work 18
%VIII Seniority 19
XIB Jurisdiction 20
XX Segaration 21
XXI Tools 22
XXII Grievance Procedure 23
XXIII Right of Subcontract 27
XXN Non-Discrimination 28
XXV Severability 29
�VI Waiver 30
XXVII Gity Mileage Plan 31
XXVIII Duration and Pledge 32
Appendix A A1
Apgendaix B B1
Appendix C C1
Appendix D D1
- ii -
�����
, P R E A '�E B L E
This AGREEMENT is entered into between the City of Saint Paul,
hereinafter referred to as the FrIPLOYER and the United Brotherhood of
Carpenters and Joiners of Amarica, Twin City Carpenters D�strict Council,
hereinafter referred to as the UNION.
The EMPLOYER and the UNION concur that this AGRE�??E.NT �+.rs as its
ob�ective the promotion of the responsibilities of the City of Saint Paul
for the benefit of the general public through effective Iabor-mana.gement
cooperation.
The EMPLOYER and the UNION both realize that this goal depends not
only on the words in the AGREFSIENT but rather primarily on attitudes between
people at all levels of responsibiJ�,�:.y. Constructive attitudes of the City,
the UNION, and the individual employees will best serve the needs of the
general public.
- iii -
ARTICLE I - PL'RPOSE
1.1 The II�iPLOYER and the UNIOP: agree that the purpose ior entering into
this AGR�:EMENT is to:
1.11 Achieve orderly and peaceful relations, thereby establishing a
system of uninterrupted operations and the highest level of ,employee
performance that is consistent with the saf ety and well-being of
all concerned;
1.12 Set forth rates of pay, hours of work, and other conditions of
employnent as have been agreed upon by the IIKPLOYER and the UNION;
1._13 Establish procedures to orderly and peacefully resolve disputes as
to the application or interpretation of this AGREEMENT without
loss of manpower productivity.
l.2 The F�LOYER and the UNION agree that this AGREEMINT serves as a supple�tent
to legislation that creates and directs the F�iPLOYER. If any part of
this AGREII�ENT is in conflict with such legislation, the latter sha11
grevail. Ttze parties, on written notice, agree to negotiate that part
in con.flict so that it conforms to the statute as provided by Article
25 (SEVERABILITY) .
- 1 -
� �1 C � 3
ARTICLE II - RECOGNITIO,d
2. 1 The EMPLOYER recognizes the UNION as the exclusive representative for
collective bargainin.g purposes for all personnel having an employment
status of regular, probationary, provisional, temporary, and emergeacy
employed in the classes of positions defined in 2.2 as certified by the
Bureau of Mediatio.n Services in acc�rdance with Case No. 73-PR-47$-A
dated April 16, 1973.
2.2 The classes of positions recognized as being exc].usively represented bq
the UNION are as listed in Appendix A.
- 2 -
ARTICLE III - EMPLO�'II2 RIGHTS
3. 1 The EMPLOYER retains the right to operate and manage all manpower,
facilities, and equipment; to establish functions and prograns; to set
and amend budgets; to determine the utilization of technology, to
establish and modify the organizatianal structure; to select, direct
and determine the number of personnel; an� to perform any inherent
marLagerial function not specifically limited by this AGRE�IENT.
3.2 Any "term or condition of employment" not estahlished by this AGREE�i1EY1T
�ha1l remain with the EMPLOYER to eliminate, modify, or establish
fo].lowing wr�Lten notification to the UNIQN.
_ 3 _
_ ARTICLE IV - UNION RIGHTS
4.1 The �IPLOYER shall deduct from the wages of employees who authorize
such a deduction in c�rriting an amount necessary to cover monthly UNION
dues. Such monias deducted shall be remitted as directed by the UNIQN.
4.11 The .F'�iiPLOYER shall not deduct dues from the wages of employees
covered by this AGREEMENT for any other labor organization.
4.12 The UNION shall indemnify and save harmless the F.MPLOYER from any
and all claims or charges made against the EMPLOYER as a xesult of
the impl�nentation of this ARTICLE.
4.2 The t3NI0N may designate one (1) employee from the bargaining unit to
act as a Steward and shall inform the EMPLOYER in writing of such
designa.tion. Such employee shall have the right and responsibilities
as designated in Article 22 (GRIEVANCE PROCEDURE) .
4.3 Upon notification to a designated EMPLOYER supervisor, the Busin�ss
Maaager of the UNION, or his designated representative shall be permitted
to enter the facilities of the EMPLOYER where emploqees covered by this
AGREEM?�TT are working.
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�' �% `,�' L^� �i
� ARTICLE V - SCOPE OF TFiE AGREEr1ENT
5.1 This AGREEMENT establishes the "terms and conditions of employment"
defir.ed by M.S. 179.63, Subd. 18 for all en�ploy��:�s exclusively
represented by the UNION. This AGREEriENT sha1l supersede such "terms
and conditions of employment" established by Civil Service Rule,
Council Ordinance, and Council Resolution.
- 5 -
. ARTICLE VI - PROBATIONARY PERIODS
6.1 All personnel, origin,-.?ly hired or rehired £ollowing separation, in a
regular employment status shall serve a six (6) month's probationary
period during which tirr.e the employee's fitness and ability to perforta
the class of positions' duties and responsibilities shall be e�,�aluated.
6.11 At any time during the probationary period an employee may be
terminated at the discretion of the EMPLOYER without appeal to the
provisions of Article 22 (GRIEVANCE PROCIDURE) .
6.12 An employee terminated during the probationa.ry period shall rec.eive
a written notice of the rea.son(s) for such termination, a copy of
wizich shall be sent to the UNION.
6.2 All personnel promoted to a higher class of positions shall serve a six
(6� months' promotional probationary period during which time the
enployee's f itness and ability to perform the class of positions`
duties and responsibilities shali be evaluated.
6.21 At any time during the promot:.onal probationary period an employee
may be demoted to the employee's previously held class of positions
at the discretion of the EMPLOYER without appeal to the provisions
of Article 22 (GRIEVANCE PROCEDURE} .
6.22 An employee demoted during the promotiona.l probationary period
shall be returned to the e.mployee's previously held class of
positions and shall receive a written notice of the reasons for
demotion, a copy of which shall be sent to the UNION.
_ 6 _
� ARTICLE VII - PHILOSOPHY OF Etii1PL0YI�iENT ANB CO�IPF..I�?SATION
7.1 The EMPLOYER and the UNION are in full agreement that the ghilasophy af
employment and compensation shall be a "cash" hourly wage and "industry"
fringe benefit system.
7.2 The EMPLOXER shall compensate employees for all hours worked at the
basic hourly wage rate and hourly fringe benefit rate as found in
Articles 12 (WAGES) and 13 (FRINGE BENEFITS) .
?.3 No other compensation or fringe benef it shall. be accumulated or earned
by an employee except as specif ically provided for in this AGREEMENT;
except those employees who have individua.�ly optionad to be "grandfathered"
as provided by 12.2.
- 7 -
, ARTICLE VIII - HOURS OF WORK
8.1 The normal work day shall be eight (8) consecutive hours per day,
excluding a thirty (30) minute unpaid lunch period, b�t���een 7:QQ a.m.
and 5:30 p.m.
8.2 The normal work week sha11 be f ive (5) consecutive normal work days
Monday through Friday.
8.3 If, during the term of this AGREIIriENT, it is necessary in, the IIKFLOYER's
judgment to establish second and third shifts or a work week of other
than Monday through Friday, the UNION agrees to enter into Aegotiations
immediately to establish the conditions of such shifts and/or wark wee3ics.
8.4 This section shall not be construed as, and is not a guarantee of, any
hours of work per normal work day or per normal work we�k.
$.� A1.1 employees shall be at the location designated by their supervisor,
ready for work, at the established starting time and shall remain at an
assigned work location until the end of the established work day unless
otherwise directed by their supervisor.
8.6 All employees are sub�ect to cali-back by the II�PLOYER as pravided by
Article 10 (CALL BACK).
8.7 Employees reporting for work at the established starting time and for
whom no work is available shall receive pay for two (2) hours, at the
basic hourly rate, unless notif ication has been given not to report for
work prior to ieaving home, or during the previous work day.
_ g _
. � 7 ;1 ` y° 1
.ARTICLE IX - OVERTII�IE
9.1 Al1 overtime comp�nsated for by the II�fFLOYER must receive prior
authorization from a designated EN:PLOYER supervisor. No overtine caork
claim will be. honored for payznent or credir unless appraved in advance.
An overtime clain will not be honored, even though shown on the tirne
card, unless the required advance approval has been obtained.
9.2 The overtime rate of one and one-half (1'�) the basic hourly rate shall
be paid for work performed under the following circumstances:
3.21 Time worked in excess of eight (8) hours in any one normal work
day and
9.22 Ti.me worked on a sixth (6th) day following a normal work week.
9.3 The overtime rate of two (2) times the basic hourly rate shall be paj ?
for work performed under the following circumstances:
9.31 Time worked on a holiday as defined in Article 15 (HOLIDAYS) ;
9.32 Time worked on a seventh {7th) day following a normal work week;
gnd
9.33 Time worked in excess of twelve_ (12) consecutive hours in a
twenty-four (24) hour period, provided, that all "emergency" work
required by "Acts of God" shall be compensated at the rate of one
and one-half (1�� .
9,4 For the gurposes of calculating overtima compensati�n overtime hours
worked shall. not be "pyramided", compounded, or paid twice for the same
hours c�orked.
�.5 Overtime hours worked as provided. by this ARTIt"�E shall be paid in
�ash.
- 9 - ,
�. ���.���
ARTICLE X - CALL BACK .
10.1 The E1�IPLOYER retains the right to call back employees before an enployee ----
has started a normal work day or normal work week and af ter an e�ployee
has completed a i.ormal work day or normal work week.
�
1Q.2 Employees called back shall receive a minimum af four (4� hours paq at
the basic hourly rate.
10.3 The hours worked based on a call-back shall be compensated in acc.ordance
with Article 9 (OVERTIME) , when applicable, and subject to the minimuu�
established by 10.2 above.
10.4 Employees called back four (4) hours or less prior to their nors�al work
c�ay shall complete the normal work day and be campensated an2y for the �
overtime hours worked in accordance with Article 9 (OVERTiME) .
- 10 -
_ ARTICLE XI - trTORK LOCATION
11.1 Employees shall repart to work location as assigned by a desigr.ated
EMPLOYER supervisor. Buring the normal work day employees may be
assigned to other work locations at the discrP.tion of the E�i1DLQYER.
11.2 Employees assigned to work locations during the norma.l work day, other
than their original assignment, and who are required to furnish their
o.wn tr4nsportation sha11 be compensated for mileage.
- 11 -
ARTICLE kII - WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be paid
for aIl hours worked by an employee.
12.2 Employees who are covered by the fringe benefits listed below shall
continue to be covered by such benefits. They shall be subject to` all
other provisions of the AGREEMENT, but shall not have hourly fringe
benef it contributions and/or deductions ma.de on their behalf as pronic�ed
for by Article 13 (FRIl3GE BENEFITS) .
12.21 Znsurance benefits as established by City of Saint Paul
Resolutions including life, hopaital and health in.surance
for early retirees who have retired since Ma.y I5, 1978.
In order to be eligibl^ for the health benefits under the
early retiree provision, the employee must: :
12.21.1 Be receiving benefits from a public employee
retirement act at the time of retiremeut.
12.21.2 Have severed his relationship with the City of
Saint Paul under one of the early retiree plans.
12.21.3 Inform the Personnel Off ice of the Citq of Saint
Paul in writing within 60 days of emp2oyee's
early retirement date that he or she wishes to
be eligible for early retiree insurance benefits.
12.22 Sick Leave as established by Resolution No. 3250, Section 20.
1 2.23 Vacation as established by the Saint Paul Salary Plan and
Ra.tes of Compensation, Section I, Subdivision H.
12.24 Nine (9�_ legal holidays as established by the Saint Pau1
Salary Plan and Rates of Compensation, Section I, Subdivision I.
12.25 Severance benefits as established hy Ordina.nce No. 11490 with a
maxiunum payrsent of $4,000.
- 12 -
ARTICLE XII - WAGES (continued) -
12.3 Regular employees not covered by the fringe benef its listed in
Article 12.2 shall be cor_sidered, for the purposes of this AGREFMENT,
participating employees and shall be compensated in accordance with
Article 12.1 (WAGES) and have fringe benefit contributions and/or
deductions made on their behalf as provided for by Article 13 (FRINGE
BENEFITS) .
12.4 Provisional, temgora�y and emergency employees shall be considered, for
tlze purposes of this AGREEMINT, participating employees and shall be
c�apensated in accordance with Article 12.1 (WAGES) and have fringe
benef it contributions and/or deductions made in their behalf as provided
far by Article 13 (FRINGE BENEFITS) .
I2.� AI1 regular employees employed af ter February 15, 1974, shall be
considered, for the purpose of this AGREEMF�IT, participating emplayees
and sba11 be comgensated in accordance with Article 12.1 (WAGES) and
have fringe benef it contributions and/or deductions m::�de on their
behalf as pxovided for by Article 13 (FRINGE BENEFITS) .
- 2� -
• ARTICLE XIII - FRINGE BENEFITS
13.1 The EMPLOYER shall make contributions on behalf of and/or make
deductions from the wages of employees covered by this AGREEM�IT
in accordance with Appendix D for all hours worked.
- 14 -
ARTICLE XIV - SELECTION OF FOREMAT; AND GE�IERAL FOREMAN
14.1 The selection of personnel for the class of position Carpenter Foreman
shall remain solely with the F�4PLOYER.
14.2 The class of position Carpenter Fareman shall be filled by employees of
the bargainir_g unit on a "temporary assigzunent".
14.3 A11 "tamporary assigziments" shall be made only in cases where the class
� af positions is vacant for more than one (I) normal work day.
- I5 -
� �� .�a f �
. ���
. ARTICLE XV — AOLIDAYS
15.1 The following nine (9) days shall be designated as holidays:
New Year's Day, January l
Presidents' Day, Third Monday in February
riemorial Day, last Monday in May
Independence Day, July 4
I,abor Day, first Monday in September �
Colu�bus Day, second Monday in October
Veterans' Day, November 11
Thanksgiving Day, fourth Thursday in November
Christmas Day, December 25
15.2 When New Year's Day, Independence Day or Christmas Day falls on a
Sunday, the following Monday shall be considered the designated holiday .
When any of these three (3) holidays falls on a Saturday, the precedi.ng
Friday shall be considered the designated holiday.
15.3 The nine (9) holidays shalJ. be considered non-work days.
15.4 If, in the judgment of the EMPLOYER, personnel are necessary for
operating or emergency reasons, employees may be scheduled ar "called
back" in accordance with Article 10 (CALL BACK) .
15.5 Employees working on a designated holiday shall be compensated at the
rate of two �2Z_ times the basic hourly rate for all hours worked.
-- 16 -
.: ����,�
. ARTICLE YVI - DISCIPLINARY PROCEDL'RES
lb.l The EMPLOYER shall have the rigPt to impose disciplina,-y actions on
employees for just cause.
1b.2 Disciplinary actions by the II�fPLOYER shall include only the following
actions:
I6.21 Oral reprimand
2.b.22 Written reprimand
16.23 Suspension
Zb-.24 Demotion
1�.25 Discharge
16.3 Et¢ployees wha are suspended, demoted, or discharged shal� have the
right to request that such actions be reviewed by the Civil Service
Ccmmission or a designated Board of Review. The Civil Service
Com�aa.ssion, or a designa.ted Board of Review, shall be the sole and
exclusive means c,f reviewing a suspension, demotion, or discharge. No
agpeal of a suspension, demotion, or slischarge shall. be considerea a
''grievaace" for the purpose of processing through the provisions of
A.rtic3e 22 (GRIEVANCE PROCIDURE) .
— 17 --
f
� � � � ;� C % �
� ARTICLE XVII - ABSENCE5 FROM WORK
17.1 Employees who are una.ble to report for their nornal work day have the
responsibility to notify their supervisor of such absence as soon as
possible, but in no event later than the beginning of each work day.
�
17.2 Failure to make such notification may be grounds for discipline as
provided in Article 16 (DISCIPLINARY PROCEDURES) .
17.3 Failure to report for work without notif ication for three (3)
consecutive norma.l work days may be considered a "quit" by the II�PLOYER
on tha part of the employee.
- 18 -
- ARTICLE XVIII - SENI4RITY
18.1 Seniority, for the purposes of this AGREF�IENT, shall be defined as
follows:
18.11 "Master Seniority" - the length of continuous regular and :
probationa.ry service with the II�IPLOYIIt from the last date of
employment in any and all class titles covered by this AGREEMENT.
Z8.12 "C1ass Seniority" - the length of continuous regular and
probationary service with the F:hiPLOYER from the date an employee
was f irst appointed to a class title covered by this AGREEMII�IT.
18.2 Se�iority shall not accumulate during an unpaid leave of absence,
egcept when such a leave is grante.� for a period of less than thirty
�30) calendar days; is granted because of iZlness or injury; is granted
tn allnw an employee to accept an appointment to the unclassif ied
s�rvice of the II�IPLOYER or to an elected or appointed full-time position
w3.tb the UNION.
18.3 Senioritp shall terminate when an employee retires, resigns, or is
c�ischarged.
18.4 In the enent it is determined by the F.l+g'LOYIIt that it is uecessary to
reduce tfie work force employees will be laid off by class title within
�ach Depa.rtmeat based on inverse length of "Class Seniority".
Z�.S The sel.ection .of vacation periads shall be made by class title based on
lengtfi af "Class Seniority", subject to the apprvval of the EMPLOYER.
- 19 -
' ARTICLE XIX - JURISDICTIOTi
19.1 Disputes concerning �aork jurisdiction between and among unions is
recognized as an appropriate subject for determina.tion by the various
unions representing employees of the IIrIPLOYER.
r
19.2 The �*iPLOYER agrees to be guided in the assignment of work jurisi-
diction by any mutual agreements between the unions involved.
19.3 In the event of a dispute concerning the performance of assigument of
work, the unions involved and the ENiPLOYER shall meet as �oon: as
mutually possible to resolve the dispute. Nothing in the foregaing
sha11 restrict the right of the EMPLOYER to accomplish the work as
originally assigned pending resolution of the dispute or to restrict
the F,MPLOYER'S basic right to assign work.
19.4 Anq employee refusing to perform work assigned by the II�LOYER and as
clarif ied by Seetions .19.2 and 19.3 above shall be sub3ect to
disciplinary action as provided in Article 16 (DISCIPLINARY PROCEDURES) .
19.5 There shall be no work stoppage, slow down, or any disrupt�on of work
resuZting from a work assigrnnent.
- 20 -
l� _
ARTICLE XX - SEPARATION
20.1 Employees having a probationary or regular employment status sha11 be
considered separated from employment based on the follocaing actions:
20.11 Resignation. Employees resigning from employment shall
give written notice fourteen (14) calendar days prior to
the effective date of the resigna.tion.
2�.12 Discharge. As provided in Article 16.
20.13 Failure to Report for Duty. As provided in Article 17.
20.I F,ngloyees having an emergency, temporary, or pravisional employment
status may be terainated at the discretion of the IIKPLOYER before the
ccx�upletion of a normal work day.
- 21 -
�. �`�-;"���'�
. ARTICLE XXI - TOOLS
21.1 A11 e�ployees shall personally provide themselves with the tools of the
trade as listed in Appendix B.
- 22 -
- ARTICLE �II - GRIEVANCE PROCEDURE
22.1 The II�SPLOYER shall recognize Stewards selected in accordance with 1JNIOI3
rules and regulatic��s as the grievance representative of the bargaining
unit. The UNION shall notify the ErIPLOYER in writing of the names of
the Stewards and of their successors when so named.
22.2 It is recognized and accepted by the EMPLOXER and the UNI0I3 that the
processing of grievances as hereinafter provided is limited by the job
� duties and responsibilities of the �pioyees and shall therefore be
accomplished during working hours only when consistent with such
e�gloyee duties and responsibilities. The Steward i.nvolved and a
grieving employee shall suff er no loss in pay when a gxievance is
�rracessed during working hours, provided, the Steward and the e,mployee
�ave notif ied and received. the approval of their supervisor to be
absent to process a grievance and that such absence would not be
detrimental to the �;�rk programs of the EMPLOYER.
22.3 Tfie procedure estabiished by this Article shall �6e the sole and excl.usive
procedure, except for the appeal of disciplinary action as provided by
16.3, for tI2e processing of grievances, which are def ined as an alleged
violation of tfie terms and conditions of this AGREEMENT.
22.4 Grievances s1aa11 be resolved in conformance with the following procedure:
5tep. 1. Upon the occurrence of an alleged violation of this AGREEMENT,
the employee involved shall attempt to resolve the matter an
an iaformal basis with the empToyee's sugervisor. If the
- 23 -
�/{���+
' � � �4'�iJ M ��,� .
R�
. ARTICLE XXII - GRIEVAPdCE PROCEDURE (continued)
matter is not resolved to the employee's satisfaction by the
informal discussion it m.ay be reduced to writing and ref erred
to Step 2 by the UNZON. The written gr{evance shall �et
forth the nature of the grievance, the facts on which it is
based, the alleged section(s) of the AGREEMENT violated, and
the relief requested. Any alleged violation of the AGREIl�IENT
not reducec� to writing by the UNION within seven (7) calendar
days of the first occurrence of the event giving rise to the
grievance or within the use of reaasona.ble diligenc.e should
have had knowledge of the f irst occurrence of the event
giving rise to the grievance, shall be considered waived.
Step 2. Within seven (7) calendar days af ter receiving tha writ�en
grievance a designated EMPLOYER supervisor shall �eet with
the UNION Steward and attempt to resolve the grievance. If,
as a result of this meeting, the gri�vance remains unresolved,
the E1�IPLOYER shall reply in writing to the UNION within three
(3)_ calendar days following this meeting. The UI3ION may
ref er the grievance in writing to Step 3 within seven (7)
calendar days following receipt of the F�IPLOYER'S wri.tten
answer. Any grievance not ref erred i.n writing by the UNION
within seven (7� calendar days following �receipt of the
II�IPLOYER'B answer shall be considered waived.
Step 3. Within seven �7) calendar days following receipt of a
g�.�evance referred from Step 2 a designated II+�PLOYER
supervisor shall meet with the UNION Business Manager or his
designated representative and attempt to resolve the grievanc�.
- 24 -
. ARTICLE XfiII - GRIEVANCE PRdCEDUF.E (continued)
Within seven (7) calendar days follawing this meeting the
EMPLOYER shall reply in writing to the UNION stating the
IIKPLOYER'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
ref erred to in writing by the UNION to Steg 4 within seven
� (7) calendar days foZlowing receipt of the EMPLOYER'S answer
shall be considered waived.
�t:�� 4. If the grievance remains unresolved, the UNION may within
seven {7� calendar days after the respouse of the II�iPLOYER in
Step 3, by written notice to the EMPLOYER, reguest arbitration
of the grievance. The arbitration proceedings shall be •
conducted by an ar�itrator to be selected by mutual agreement
of the EMPLOYER and the UNION within seven (7) calendar days
after notice has been given. If the parties fail to mutually
agree upon an arbitrator within the said seven (7} day period,
either party may request the Public Employment Relation Board
to su'bmit a panel of five (5) arbitrators. Both the II�iPLOYER
and the IJNiON shall have the right ta strike two (2) names
frc�m the panel. The UNION shall strik.e the first (lst) name,
t'&e EN�LOYER shall then strike one (1� name. The process
will be repeated and the remaining persan shall be the
arbitrator.
- 25 -
. ARTICLE XXII - GRIEVANCE PRQCEDURE (continued)
22.5 The arbitrator sha11 have to right to amend, modify, nullify, ignore,
add to, or subtract from the provisions of this AGREEMINT. The arbitrator
shall consider and decide only the specific issue submitted in writing
by the E�IPLOYER and the UNION and shall have no authority to �ake a
decision on any other issue not so submitted. The arbitrator shall be.
without power to make decisions contrary to or inconsistent with or
modifying or varying in any way the application of laws, rules, or
regulations having the force and eff ect o£ law. The arbitrator's
decision shall be submitted in writing within thirty (30) days fallowing
close of the hearing or the submission of brief s of the parties,
whichever be later, unless the parties agree to an eXtension. TEie
decision shall be based solely on the arbitrator's interpretation or
application of the express terms of this AGREEMENT and to the facts of
the grievance presented. The decision of the arbitrator shall be final
and binding on the F,hIPLOYER, the UNION, and the employees.
22.6 The fees and expenses for the arbitrator's services and proceedings
shall be burne equally by the II�IPLOYER and the UNION, provided that
each party shall be responsible for compensating its own representative
and witnesses. 'If�either partp desires a verbatim record of the
proceedings, it ma.y cause such a record to be made providing it pays
for tfie record.
22.7 TYse time limits in ea.ch step of this procedure ma.y be extended by
mutual agreement of the EMPLOYER and the UNION.
- 26 -
ARTICLE XXIII - RIGHT OF SUBCONTRACT
23.1 The EMPLOYER �nay, at any time ciuring th� duration of this AGREF'•i�vT,
contract out work done by the employees covered by this AGREE�`SF�tiT. In
the event that such contracting would result in a reduction of the work
force covered by this AGREEMENT, the Il�IPLOYER shall give the L^�ION a
ninety (90) calendar day notice of the intention to sub-contract.
�3.2 The sub-contracting of work done by the employees covered by this
�iG?�EEMENT shall in all cases be made only to employers who qualify in
a,ccordance with Ordinance No. 14013.
- 27 -
.. � � ,d � �f�
� ARTICLE XXIV - IvON-DISCRIMTNATION
24.1 The terms and conditions of this AGREEMENT will be applied to employees
equally without regard to, or discrimination for or against, any
individual because of race, col.or, creed, sex, age, or because of
membership or non-membership in the UNION. �
24.2 Employees will perform their duties and responsibilities in a
non-discriminatory manner as such duties and resgonsibilities involve
ather employees and the general public.
- 28 -
ARTICLE XXV - SEVERABILITY �
25.1 In the event that any provision(s) of this AGREEMENT is declared to be
contrary to law by proper legislative, administrative, or judicial
authority from whose finding, determination, or decree no apgeal is
taken, such provision(s) shall be voided. All other provisions sha11
eontinue in full force and effert.
� 25.2 Th.e parties agree to, upon written notice, enter into negotiations to
place the voided provisions of the AGREEMENT in compliance with the
Iegislative, administrative, or �udici.al determination.
- 29 -
� ARTICLE XXVI - WAIVER
26.1 The II�iPLOYER and the UNION acknowledge that during the neeting an�i
negotiating which resulted in this AGREFMEIvT, each. had the right and
oppartunity to make proposals with respect to any subject concerx�ing
the tenas and conditions of e�.nployment. The agreements and understandi:ngs
reached by the parties af ter the exercise of this right are full� and
completely set forth in this AGREEMENT.
26.2 Therefo��, the ENIPLOYER and the UNION for the duration of this AGREEI�IENT
agree that the other party shall not be obligated to meet and negotiate
over any term or conditions of empZoyment whether sgecif ically covered
or not specifically covered by this AGREEMEI�iiT. The L'NION and Ei�'LOYER
may, however, mutually agree to modify any provision of this AGREEMENT.
26.3 Any and all prior ordinances, agreements, resolutions, practices,
policies, and rules or regulations regarding the terms and conditions
of employment, to the extent Chey are inconsistent with this AGREEMENT,
are hereby superseded.
_ 30 _
ARTICLE XXVII - CITY MILEAGE
27.1 Automobile Reimbursement Authorized: Pursuant to Chagter 33 of the
Saint Paul Administrative Code, as amended, pertaining to reimburse�ent
of City off icers and employees for the use of their own automobiles in
the performance of their duties, the following provisions are adopted.
27.2 Method o.f Conputation: To be eligible for such xeimbursement, alI
officers and e.r.!ployees must receive written authorization from the
Department Head.
T�pe 1. If an employee is required to use hisfher own automobile
�CCASIONALLY during +employment, the employee shall be reimbursed at
the rate of $3.00 per day for each day the employee's vehicle is
� actually used in performing the duties of the employee's position.
In addition, the emploqee sha11 be rei.mbursed 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
eaeg-loyer vehicle is available for the employee's use but the employee
des3res 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
€or any per diem.
3�e 2. If an elnployee is require�. to use his/her own autonobile ,
REGULARLY during employment, the esuployee shall be reimbursed at the
rate af $3.00 ger day for each day of work. In addition, the employee
�hall �e reimbursed 15G per mile for each mile actually driven.
If such empioyee is required to drive an autorcobile during employment
and the department head or designated represe�:tative determines that
an employex vehicle is available for the employee's use but the employee
desires to use his/har own automobile, then the employee shall be reim-
bursed at the rate of 15� per mile driven and shall not be eligible for
any per diem.
27.3 TI�e City will provide parking at the Civic Canter Parking Ramp �for City
e�gloyees on either of the above mentioned types of reimbursement plans
w�o are required to have their personal car available for City business.
Such parking will Be provided only for the days the employee is required
ta have his or her own personal car available.
27.4 Hules and Regulations: The Ma�or shall adopt rules and regulations
governing the procedures for automobile reimbursement, which regulations
and rules shall contain the. requirement that recipients shall f i1e dail.y
reports indicating miles driven and shall �ila monthly affidavits stat�ng
��xe number of days worked and the number of miles driv�n, and further
require tha.t they maintain automobile liability insurance in amounts of
not less than $1QO,OOp/$300,000 for personal injury, and $25,000 for
property ctamage, or liability insurance in amounts not less than $300,QOQ
�3xtgle limit coverage, with the City of Saint Paul named as an additional
iasured. These rules and regulations, together with the amendmemt thereta,
shal,i be ma.intained on file with the City Clerk.
- 3I -
� ����,�
ARTICLE XXVIII - DURATION AND PLEDGE
28.1 This AGREEMENT shall become eff ective as of the date of signing, excepC
as specifically provided otherwise in Articles 12 and 13, and shatl
r�ain in eff ect through the 30th day of April, 1984, and c�ntinue in
,
eff ect from year to year thereafter unless notice to change or to
terminate is given in the manner provided in 28.2.
28.2 If either party desires to terminate or modify this AGREEMENT, effective
as of the date of expiration, the party wishing to modi€y or termina.te
the AGREEMENT shall give written notice to the other party, not m.ore
than ainety (90) or less than sixty (60) calendar days prior ta the
expiration date, provided, that the AGREE�iIIVTT may only be sa terminated
or modified effective as of the expiration date.
28.3 In consideration of the terms and conditions of eaaploytaent established
by this AGREENIENT and the recognition that the GRIEVANCE PROCEDURE
herein established is the means by which grievances concerning its
application or interpretation may be peacefully resolved, the parties
hereby pledge that during the term of the AGREEMEriT:
28.31 The iFNION and the employees will not engage ia, instigate, or
cvndone any concerted action in which emplayees fail to report
for. duty, willfully absent themselves from work, stop work,
slow down their work, or absent themselves in whole or part
from the full, faithful performance of their duties of employmen�.
28.32 The EMPLOYER will not er.gage in, instigate, or condone any
lock-out of employees.
- 32 -
' ARTICLE XXVIII - DUR.ATION AND PLEDGE (continued)
28.33 This constitutes a "tentative agreement between the parties
which will be recommended by the City Negotiator, but is
subject to the approval of the Administration of the City,
and is also subject to ratification by the UNION.
AGREED to this 9 day of October , 1981, and attested to as the
full and complete understanding of the parties for the period of time herein
� specified by the signature of the following representativ.e for the II�TPLOYER
and the UNION:
WITNESSES
CITY OF SAINT PAUL TWIN CITY CARPENTERS' DISTRICT COUNCIL
OF UNITEL� BROTHERHOOD OF CARPENTERS AND
JOINERS OF AMERICA
,3
• , 7 .! .��J t"�� � �J�S/L/f ,I r'�,�
' s..� ..v_,
ab r Relations Di tor Busi�ss`Manager
Civi1 Service Commission
- 33 -
� APPEiv'DIX A
The classes of positions recognized by the EHIPLOYER as being
eYC�usively represented by the UNIOI�T are as follows:
Carpenter
Carpenter-Foreman
Apprentice
Building Inspector
Senior Building Inspector
and other classes of positions that may be established by the II�IPLOYER where
the duties and responsibilities �ssigned come� within the jurisdictibn of
the UNION.
- A1 -
APPEA'DIX C .
The basic hourly wage rate for provisional, regular and probationary
employees appointed to the following classes of positions and not receiving
the Fringe Benefits listed in Article I2.2 shall be:
Effective Effective Effective
7-20-81 5-01-82 5-01-83
Carpenter . . . . . . . . . . . . $13.66* $15.59* $17.32*
. Carpenter Foreman . . . . . . . . $14.77* $16.64* $18.42*
Building Inspector. . . . . . . . $15.44*
Senior Building Inspector . . . . $I6.82*
The basic hourly wage rate for temporary and emergency employees
appointed to the following class of pasitions sha1Z be:
Effective Effective Effectiue
7-20-81 5-01-82 5-01-83
Carpenter . . . . . . . . . . . $14.21* $16.16* $18.01*
Carpenter Foreman . . . . . . . . $15.36* $17.31* $19.16*
Building Inspector. . . . . . . . $16.06*
Senior Building Inspector . . . . $17.49*
The basic hourly wage rate for regular emploqees appointed to the
following class of positions wIio are receiving the fringe benefits Zisted
in Article 12.2 shall be:
Effective Effective Effective
7-20-81 S-01-82 5-01-83
Carpenter . . . . . . . . . . . . $12.64 ** ***
Carpenter Foreman . . . . . . . . $13.61 ** *** _
Building Inspector. . . . . . . . $14.95 ** ***
Senior Building Inspector . . . $16.16 ** ***
- C1 -
. ��►���,�
. APPENDIX C (continued)
*This rate includes the taxable vacation contribution of $ .60.
**The May 1, 1982 hourly wage rates in this contract will be the rates as
shown below less the cost of sick leave usage far 198I and less the cost
of health and life insurance far the period May, I98I through April, 1982
and vacation for 1982 incurred by the employer for eznployees in this
bargaining unit.
Carpenter $17.6].
Carpenter Foremarc $18.76
' Building Inspector Average of the total package rates used by
the City for Carpenter Foreman, Electr:�cian
Foreman, Sheet Metal Worker Foreman, Plumber
Foreman and Plasterer Foreman.
Senior Building Average af the total package rates used by -
Inspector the City for Sen.ior Plumbing Inspector, Senior
Electrical Inspector, Senior Mechanical
Inspector, and Senior Building Inspector.
***The May I, 1983 hourly wage rates in this contract will be the rates as
shown. below less the cost of sick leave usage far 1982 and less the cost
of health and life insurance for the period May, 1982 through April, 1983
and vacation far 19$3 incurred by the employer fer employees in this
bargaining unit.
Carpenter $19.46
Carpenter Foreman $20.61
Building Inspector Average of the total package xates used by
the City for Carpenter Foreman, Electrician
Foreman, Sheet Meta1 Worker Foreman, Plumber
Foreman and Plasterer Foreman.
Senior Suilding Average of the total package rates used by
_ Inspeetox the City for Senior Plumbing Inspector, Senior
Electrical Ir.spector, Senior Mechani::al
Inspector, and Senior Building Inspector.
If the Unicn electa to have the contributions listed in Appendix D increa.sed or
decreased, the Employer ma.y adjust the above applicabie rates for participating
employees in suc�i a way that tfie total cost of the packa.ge (wage rate plus
cc�ntribution� remains consta.nt.
- C2 -
. APPE:tDIX D
Effective July 20, 1981, the ErIPLOYER shall:
(1) contribute $ .60 per hour for all hours worked by participating
employees as def ined in Articles 12.3, 12.4 and 12.5 covered bp
this AGP.EEMENT, to a UNION designa.ted Health and Welfare Fund.
(2) contribute $ .60 per hour for all hours worked by partic3gating
em.ployees as defined in Articles 12.3, I2.4 and I2.5 covered hy
this AGREEMENT to a Pension Fund.
(3) contribute $ .60 per hour from which payroll deduction has been
made for all hours worked by participating employees as defiued in
Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT� to a
Vacation Fund.
(4) contribute $ .20 per hour for all hours worked by participating
employees as -c}efined in Articles 12.3, 12.4 and 12.5 covered by
this AGREEMENT, to a UNION designated Dental Fund.
(5� contribute $ .05 per hour for all hours worked by participating
employees as def ined in Articles 12.3, 12.4 and 12.5 covered by
this AGREEMENT, to a Apprenticeship Training Fund.
All contributions made in accordance with this Appendix shall be
forwarded to depositories as directed by the iJNION.
The EMPLOYER shall establish Worlanan's Compensation and Unemployment
Compensation programs as required by Minnesota Statutes.
- Dl -
` ������
w
' APPE?VDIX D (continue�)
Participating employees as defined in Articles 12.3, 12,4 and 12.5
covered by this AGREEMENT, sha.11 not be eligible for, governed by, or accumulate
vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe
benefits that are or may be established by Civil Service Rules, Council .
Ordinance, or Council Resolutions.
The EMPLOYER'S fringe benefit obligation to participating employees
as def ined i.n Articles 12.3, 12.4 and 12.5 is limited to the contributions
and/or de�uctions es�ablished by this AGREEMENT. The actual level of benefits
provided to employees sha11 be the responsibility of the Trustees of the
�arious funds to wh3.ch the EMPLOYER has forwarded contributions and/or
deductions.
- DZ -
Do not detach this memorandum from the � �' �' �'� �"`� � ��� "�z`�
resofution so that this information will be ��
avai��Tt�� ��tyA��i�TIVE ORDERS ��
RESOLUTIONS, AND ORDINANCES
Date: October 9, 1981
�- -
T0: MAYOR GEORGE LATIMER 0�+� 1 'J,
r:,n..,. ��
FR: Personnel Office � �"'�s�`^� ''�_n
. .r.,_
.
RE: Resol.ution for submi.ssion to City Council
ACTION REQUESTED
We recommend your appxoval and submission of this Resolution to the City Council.
PURPOSE AND RATIONALE FOR THIS ACTION
This Resolution approves a three year Agreement between the City and the Carpenters
District Council. The changes include the deletion of the residency and the mandator
retireme�t provision. The only other change is in the wage,package. The wage pac ge
is based on the Carpenters outside contract with the A�G,C, The total package incre ses
are $1. 95 in July, 1981, $1. 95 in July, 1982, and $1. 85 in J�.ly, 1983.
In this City contract the 1981 increase is distributed with $1. 72 going on wages and . 3
applied to fringes. The distribution of the 1982 and 1983 package increase will be de ermined
when the cost of the fringes for the respective years are known.
�
FINANCIAL IMPACT
Sixteen City Employees.
1981: G4,89�.
1982: G4,89G
1983: 61,5�8
ATTACI�IENTS:
i
WHITE - CITY CLERK ����� .
PINK � - FINANCE n
�ANARY - DEPARTMENT G I T Y O F S A I N T 1 �U L COUtICll
BLUE - MAYOR
File N .
� � uncil Resolution
.
Presented By �
Referred To Committee: Date
Out of Committee By Date
An Administrative Re solution approving the terms
and conditions of the 1981-1982-1983 Agreement
between the City of St. Paul and the Tri-Council
Bargaining Unit composed of Operating Engineers
Local 49, Teamsters Local 120, and Laborers
Local 132.
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 Tri-Council Bargaining Unit composed
of Operating Engineers Local 49, Teamsters Local 120, and Laborers Local
132, as exclusive rep�esentatives for the classes of positions within the City
of St. Paul certified by the Bureau of Mediation Services under Case No.
73-PR-427-A, for the purpose of ineeting and negotiating the terms and con-
ditions of employment for all full-time personnel in the classes of positions
as set forth in the Agreement between the City of St. Paul and the exclusive
representatives hereinabove referenced; and
WHEREAS, the City through designated representatives, and the exclusiive
representatives have met in good faith and have negotiated the terms and con»
ditions of employment for the period May 1, 1981, through April 30, 1984, far
such personnel as are set forth in the Agreement between the City of St. Pau1
and the exclusive representatives; now, therefore, be it
RESOLVED, that the Agreement cited above, dated as of the effective
date of this Resolution, between the City of St. Paul and the Tri-Council
Bargaining Unit composed of Operating Engineers Local 4g, Teamsters Local
120, and Laborers Local 132, on file in the office of the City Clerk, is hereby
(continued)
COU[VC[LMEN Requestgd by Department of:
Yeas Nays
Hunt
Levine In Favor
Maddox
McMahon
snowaite� - '� __ Against BY —
Tedesco
Wilson
Form Approved by City Attorney
Adopted by Council: Date —
Certified Yassed by Council Secretary BY
B y —_
Approved by Ylayor. Date _ Approved by Mayor for Submission to Council
By� _ _ — gy
WHITE � CITY CLERK ���yyy
PIKK � - FINANCE �' /���
.CAWARY - DEPARTMENT G I TY O F SA I NT 1 �U L COURCII # a.
�BLUE - MAYOR File N O.
" � Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
-2-
authorized and directed to execute said Agreement on behalf of the City.
Approved:
V,
ir
Civil S r ice Commission
COUIVCILMEN Requestgd by Department of:
Yeas Hunt Nays r pERSONNEL OFFICE
Levine (� [n Favor
l�leddex �' •
McMahon � B _.
Showaiter - __ Against Y
Tedesco �
Wilson
HQV � '7 ��� Form roved it y
Adopted by Council: Date —
Certified P� : e Counci , cre r BY
Appr by ;Vlavoc t NOV 18 t98t P� d by Mayor f iss'dR to Council
B
�UB��S�tE� N 0 V 21198i