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00-6344R���NAL Presented by Referred To Council File # oo - C3y Green Sheet # 08922 Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and rarifies the attached May 1, 1999 through Apri130, 2002 Employment Agreement between the Independent School District No. 625 and the United Union of Roofers, Waterproofers and Allied Workers Local Union 46. Requested by Department of: of Labor Relations �.''� v (� Form App d by ('� A o ey J By: Adopted by Council: Date � � Cp Adoprion Certified by Council Secre ` By: c c� Approved by Mayor: Date �d� Z( �(Q� BY� �//J�/rL! 1� /�/�/� RESOLUTlON OF SAtNT PAUL, MINNESOTA � Approved by Mayor for Su mission to Council By: � ��1'1.�. ��!/W �---- LABOR RELATIONS CONTACC PERSON & PHONE: JIJLIE KRAUS 266-6513 MUST BE ON COUNCD, AGENDA BY (DATE) TOTAGftOF DATE Il�ITIATED GREEN SHEET June 19, 2000 p nvrnavnAre ASSIGN I DEPARTMEMC D�R�� 4 NU]yBER 2CITYATTORNEY FOR BUDGEI' DIK. � ROL7TING 3 MAYOR (OR AS57.) ORDER A� 7. LOCATIOTSS FOR SIGNATURE) oo-�3y No.: 08922 ll�tl'fAUDATE crrY couxca. CTI'Y C� �u FIN. & MGT. SA2VICE DiR. ncnox xEquESrEn: This resolution approves the attached May 1,1999 throug� April 30, 2002 Employment Agreement between the Independent School District No. 625 and the United Union of ._P,�� a`e:s, Waterpmofers and Allied Workers Local Union 96. RECOMtv1ENDAITONS: Approve (Aj or RejeM (R) _PLANNiNGCOA�4vIISSION CIVILSERVICE CObIM[SSIOT G7B COhfMITIEE S7'AFF DISTRICT COURT SUPPORTS VhACH COi1NCIL OBJECTiVE? PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: ]. Haz tlris personffvm evcr worked under a conVact for this depardnrnt? Yes No 2. Has fhis personlfnm ever been a city employee? Yu No 3. Does ihis personlfirm possess a skiil not normalty possessed by sny tuneM city Yes No E:plain aN yes ansvers on separate shttt and attac6 to green sheet INiT1ATIlVG PROBLEM, ISSUE, OPPORTUNITY (4Y6q R'hsy When, Where, WLy): ADVANTAGESIFAPPROVED: This Agreement pertains to Boazd of Fducation employees only. suN � � z000 _ _-��. -. _ — �� -.. ._�_...o,��w�.�,.-:-`-�°__ ` � .- . _ -' RECEiVEb DLSADYANTAGES IF APPROVED: fNAYOR'S OFFICE ✓LSADVANTAGES IF NOT APPROVED: fOTAL AMOUNT' OF TRANSe1CT[ON: UNDING SOURCE: COSf/REVENUE BUDGETED: AGTIVITY NUhiBER: INANG7AL IIVFORMATiON: (EXPLAN') INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS DATE: August 3, i 999 TOPIC: Approvai of an Employment Agreement With United Waterproofers and Allied Workers, Local Union No Terms and Conditions of Employment for 1999-2002 A. PERTWENT FACTS: ao • �34 Union of Roofers, . 96, to Establish 1. New Agreement is for the three-year period May 1, 1999 through Aprit 30, 2002. 2. Contract changes are as follows: Holida s: Changed holiday language to provide uniformity with other district contracts. Waaes: Wage and benefit changes reflect prevailing wage for the industry. The third year will be a reopener for wages only. 3. The remaining language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has 2 regular F.T.E. in this bargaining unit. 5. This request is submitted by Sue Gutbrod, NegotiationslLabor Relations Assistant Manager; Richard Kreyer, Executive Director of Human Resources and Labor Relations; and William Larson, Deputy Superintendent of Operations B. RECOMMENDATfON: That the Board of Education ot Independent School District No. 625 apprpve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom United Union of Roofers, Waterproofers and Allied Workers, Local Union (Vo. 96, is the exclusive representative; duration of said Agreement is fior the period of May 1, 1999 through April 3D, 2002. cx�-��� � � � ARTICLE TITLE �. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 2i. 22. 23. 24. 25. 26. 27. 28. INDEX PAGE Preamble.................................................................................................. Pu rpose ................................................ .................................................... Recognition................................ ............_.............................._.................. EmployerRights ...................................................................................... UnionRights ............................................................................................. Scope of the Agreement ........................................................................... Probationary Periods ................................................................................ Philosophy ofi Empioyment and Compensation ........................................ Hoursof Work .......................................................................................... Overtime................................................................................................... CaliBack .................................................................................................. Work Location .......................................................................................... Wages..................................................................................................... FringeSenefits ......................................................................................... Selection of Lead Roofer .......................................................................... Hofidays................................................................................................... Disciplinary Procedures ............................................................................ Absences from Work ................................................................................ Sen i o rity .................................................................................................... Jurisdiction ................................................................................................ Separation ................................................................................................ Too�s ..................................................................................................... Grievance Procedure ................................................................................ Right Subcontract ................................................................................. Non-Discrimination ................................................................................... Seve ra b i{ ity ............................................................................................... Waiver...................................................•-••...............•••..._....................... Miieage ..................................................................................................... Durationand Pledge ................................................................................. AppendixA ......................................................................................... Appendix ......................................................................................... Appendix ..................�.............................................................._....... Appendix ......................................................................................... iv 1 1 1 2 2 3 3 4 4 5 5 5 6 7 8 9 9 10 11 y� 11 12 14 14 14 15 15 16 18 19 20 22 � PREAMBLE This Agreement is entered into between lndependent School District No. 625, hereinafter referred to as the Empfoyer, and the United Union of Roofers, Waterproofers, and Allied Workers Local Union No. 96, hereinafter referred to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibiidies of the Independent Schoo� District No. 625 for fhe benefit of the gerterai public through effective labor-management cooperation. The Employer and the Union both rea(ize that t6is goai depends not only on the words in the Agreemeni but rather primarily on attitudes between people at all Ieveis of responsibility. Constructive attkudes ot the Empioyer, the Union, and the irtdividual empioyees wili best serve the needs of the general public. � � . iv v0-�3�/ • ARTfCLE 1. PURPOSE 1.1 The Empfoyer and the Union agree that the purpose for entering into this Agreement is to: 1.1.1 Achieve orderiy and peacefui relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and weii-being of all concemed; 1.1.2 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Empioyer and the Union; 1.1.3 Establish procedures to orderly and peacefuiiy resofve disputes as to ihe application or interpretation of this Agreement without loss of productivity. 12 The Employer and the Union agree that this Agreement serves as a suppfement to legislation that creates and d'+rects the Employer. if any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate lhat part in conflict so that it conforms to the statue as provided by Articie 25 {Severability). ARTIGLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive represeRtative for collective � bargaining purposes for aii personnei having an empioyment status of regular, probationary, and temporary employed in the ciasses of posRions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 90-PCL-3058 dated December 7, 1989. 22 The ciasses of positions recognized as heing exclusively represented by the Union are as listed in Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Emp{oyer retains the right to operate and manage all manpower, facilRies, and equipment; to estabiish functions and programs; to set and amend budgets; to determine the uti�ization of technology; to establish and modify the organizationai structure; to select, direct, and determine the number of personnef; and to pefiorm any inhererrt managerial function not specificaily limited by this Agreement. 32 Any `term or condition of empfoyment' not established by this Agreemerrt shall remain with the Empioyer to etiminate, modiEy or establish following written notification to the Union. � ARTlCLE 4. UNION RIGHTS 4.1 The Empioyer shail deduct from the wages ot employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shaii be remitted as directed by the Union. 4.1.1 4.1.2 The Empioyer shall not deduct dues from the wages of employees covered by tfiis Agreement for any other labor organization. The Union shail indemnify and save harmless Yhe Employer from any and all ciaims or charges made against the Empioyer as a result of the implementation of this Article. 42 The Union may designate one (7 ) empioyee from the bargaining unit to act as a Steward and shall inform the Empioyer in writing of such designation. Such employee shali have the righi and responsibilities as designated in Articie 22 (Grievance Procedure). 4.3 Upon notification to a designated Employer Supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities ot the Employer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement estabiishes the `Yerms and conditions of employmenY' defined by Minn. Stat. § 179A.03, Subdivision 19, for all employees excl�sively represented by the Union. This Agreement shali supersede such `Yerms and conditions of employmenY' esiabiished by Civi! Service Rule, Council Ordinance, and Council Resolution. • � � 2 c�v-to 3 � . � u ARTICLE 6. PROBATIONARY PERIODS 6.1 All personnel, originaliy hired or rehired foilowing separation, in a regular employment status shall serve a six (6)-month probationary period during which time the employee's fitness and abiliry to perform the class of positions' duties and responsibilities shaii 6e evaluated. 6.1.1 8.1.2 At any time during ihe probationary period an employee may be terminated at the discretion oi the Employer without appeai to the provisions of A»icle 22 (Grievance Procedure). An empioyee terminated during the probationary period shalf receive a written notice of the reason(s) for such termination, a copy of which shail be sent to the Union. 6.2 All personnel promoted to a higher ciass of positions shall serve a six (6)-month promolionai probationary period during which time the empioyee's fitness and ability to perform the class of positions' duties and responsibilities shall be eva{uated. 62.1 At any time during the promotionaf probationary period an empioyee may be demoted to the emp(oyse's previously-heid class of positions at the discretion of the Empioyer without appeai to the provisions of Article 22 (Grievance Procedure). 622 An empioyee demoted during the promotional probationary period shail be returned to the empioyee's previously-heid class of positions and shali receive a written notice of the reasons for demotio�, a copy of which shall be sent to the Union. ARTICLE 7. PtiiLOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The Empioyer and the Union are in full agreement that the philosophy of empioyment and compensatian shali be a`cash" hourly wage and `industry' iringe benefit system. 7.2 7.3 The Employer shafl compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articies 12 (Wages) and 13 (Fringe Benefits). No other compensation or fringe benefit shall be accumulated or eamed by an employee except as specificaily provided for in this Agreement. 3 ARTICLE 8. HOURS OF WORK i 8.i The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 82 The normal work week shall be five (5) consecutiva normal workdays Monday through Friday. 8.3 If, during the term of this Agreement, it is necessary in the EmployePS judgment to estabtish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enier into negotiations immediately to establish ihe conditions of such shifts and/or work weeks. 8.4 This Section shall not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal work week. 8,5 All employees shait be at the location designated by their supervisor, ready for work, at the esiablished starting time and shall remain at an assigned work locaFion until the end of tfie estabiished workday untess otherwise directed by their supervisor. 8.6 All empioyees are subject to call-back by tfie Employer as provided by Article 10 (Call Back). 8.7 Employees reporting for work at the esiabiished starting time and for whom no work is avaiiable shall receive pay for two (2) hours, at the basic hourly rate, unless notificafion has been given not to report for work prior to leaving home, or during the previous workday. ARTICLE 9. OVERTlME � 9.t Qvertime. Time on the payroll in excess of the normal hours set forth above shatl be "overtime work" and shall be done on}y by order of the head of the department. An employee shali be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and- one-half basis for such overtime work. The basis on which such overtime shall be paid shali be determined soteiy bythe Employer. 92 The overtime rate ot one and one-half (7-1/2) times the basic hourly rate shall be paid for work pertormed under the following circumstances: 92.7 Time worked in excess of eight (8) hours in any one normai workday, and 92.2 Time worked in excess of forty {40) hours in a seven {7}-day period. 9.3 For the purposes of calculating overtime compensation, overtime hours worked shall not be `pyramided," compounded or paid twice for the same hours worked. 9.4 Overtime shall be paid in cash or compensatory time as detertnined by the Employer. � � c�o-�3 �} � � � ARTICLE '10. CALL BACK 10.1 The Empioyer retains the right to call back employees before an employee has started a normal workday or normal work week and after an employee has completed a normal workday or normal work week. 102 Employees called back shaii receive a minimum of four (4) hours of pay at the basic houriy rate. 10.3 The hours worked based on a call back shall be compensated in accordance wfth Article 9(Overtime), when applicable, and subject to the minimum established by 102 above. 10.4 Empioyees called back four (4) hours or less prior to their normal workday shall compiete the normal workday and be compensated oniy for the overtime hours worked in accordance with Article 9 (Overtime). ARTICLE 11, WORK LOCATION 11.1 Employees shall report to work location as assigned by a designated Emp{oyer Supervisor. During the normal workday, employees may be assigned to other work locations at the discretion of the Empioyer. 11.2 Employees assigned to work locations during the normal workday other than their original assignment, and who are required to fumish their own transportation, shall be compensated for mileage as set forth in Article 27 {Mileage). ARTiCLE 12. WAGES i2.1 The basic hourly wage rates as established by Appendix C shail be paid tor all hours worked by an employee. 12.2 Reguiar employees and temporary employees sha0 be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions andfor deductions made on their behaif as provided for by Article 13.1 (Fringe Benefitsj. 5 ARTICLE 13. FRINGE BENEFITS 13.1 The Employer shall make contributions on behaff of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix D for ali hours worked. 13.2 The Employer wili tor the period of this Agreement provide, for those empioyees who were hired prior to February 15, 1974, and who were eligibie for the Empioyer's Health and Welfare premium contributions and who have retired since September 1, 1974, sucfi health insurance premium contributions up to the same doliar amounts as are provided by ihe Employer at the date of early retirement and the cost of premium contribuiions toward $5,000 life insurance coverage until such employees reach sixty-five (65) years of age. In order to be eligible for the premium contributions under the provision 13.2 and 73.3 the empioyee must: 13.2.1 13.2.2 Be receiving benefits from a public employee retiree act at the time of retirement. Have severed the empioyme�t relationship with the City of Saint Paui and/or Independent Schooi Disirict No. 625 under one of the eariy retiree plans. 132.3 Inform the kuman Resource Department of Independent School Oistrict No. 625 and Office of Human Resources, City of Saint Paul, in wrifing within sixty (60) days of employee's eariy retirement date that he or she wishes to be eligible for eariy retiree insurance benefits. 13.3 For an employee who retired at age sixty-five {65) or later and who met the criteria in 13.2 or for early retirees who qualified under 13.2 and have reached age sixty-five (65), after retiremeni the Employer will provide payment of premium for a Medicare supplement health coverage poiicy selected by the Employer. 13.4 Effective May 6, 1989, employees shall be eligibie for a paid holiday for Labor Day, the first Monday in September. � � . oo-�3y � ARTICLE 14. SELEC710N OF LEAD ROOFER 14.1 The selection of personnei fior the ciass of posftion of Lead Roofer shall remain solely with the Employer. � 42 The ciass of position ot Lead Roofer shall be filled by empioyees of the bargaining unii on a `Yemporary assignment" 14.3 All �temporary assignments' shail be made oniy at the direction of a designated Employer Supervisor. 14.4 Such "temporary assignmems" shaii be made oniy in cases where the ciass of positions is vacant for more than one (1) normal workday. i � ARTICLE 15. HOLIDAYS 15.1 The following nine �9) days sna!! be designated as unpaid hoHdays (except Labor Day as noted in Article 13.4): New Year's Day Martin Luther King, Jr. Day Presidents' Day Memoriai Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Day Christmas Day January 1 Third Monday In January Third Monday in February Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25. 15.2 When New Yeafs Day, Independence Day or Christmas Day falis on a S�nday, the foliowing Monday shall be considered the designated hotiday. When any of these three (3) hoiidays falis on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The nine (9} holidays shal! be considered non-workdays. 15.4 If, in the judgment of the Employer, personnei are necessary for operating or emergency reasons, employees may be scheduled or "called track" in accordance with Ariicle 10 (Call Back). 15.5 Employees assigned to work on the Day After Thanksgiving, Martin Luther King, Jr. Day, or Presidents' Day shaii be compensated on a straight-time basis for such hours worked. 15.6 Employees assigned to work on New Years Day, Memorial Day, lndependence Day, Labor Day, Thanksgiving Day or Christmas Day sha(( be compensated at the rate of two (2) times the basic hourly rate for such hours worked. 15.7 Empioyees shall receive holiday pay for Labor Day, the first Monday in Septem6er, at the basic hourly rate in accordance with Article 13.4. Labor Day shall be the sole holiday for which the Employer shall provide holiday pay. 15.8 !n order to be eligibie for holiday pay for the Labor Day Hotiday, employees who are on active payroll status preceding and following the Labor Day Holiday shaii receive pay for fhe Labor Day Holiday. i � r ` ao-� 3 y � � ARTICLE 16. DISCIPLINARY PROGEDURES 16.1 The Employer shall have the right to impose disciplinary actions on employees for just cause. 162 Oiscipiinary act+ons by the Employer shal! inciude only the following actions: 16.2.1 Oral reprimand; 16.22 Written reprimand; 16.2.3 Suspension; 16.2.4 Demotion; 16.2.5 Discharge. 16.3 Empioyees who are suspended, demoted or discharged shail retain aii rights under Minn. Stat. § 179A.20, Subd. 4, and thereby shaN have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions of Article 23 (Grievance Procedure). Once an employee or the Union acting in the employee's behali initiates review of an action, that matter shall not be again reviewed in another forum. Oral reprimands shaii not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.2 Employees who are unabie to report for their normai workday have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 17.2 17.3 Failure to make such notification may be grounds for discipiine as provided in Article 16 (Disciplinary Procedures). Failure to report for work without notification for three (3) consecutive normal workdays may be considered a°quiY' by the Employer on the part of the employee. � ART(CLE 18. SENIORITY '! 8.1 For the purpase of this Article the following terms shall be defined as follows: 18.1.1 The term, "Emplaye�' shatl mean independent Schooi District No_ 625, Saint Pauf Public Schools. 18.1.2 The term, °Master Seniority' shalf inean the length of continuous reguiar and probationary service with the Employer from the date an emptoyee was first appointed to any class tifle with the Employer covered by this Agreement. 18.1.3 The term "Ciass Seniorit�l' shaii mean ihe iengih of continuous regutar and probationary service with the Employer irom ihe date an empioyee was first appointed to a position with the Employer in a class tRle covered by this Agreement. This Section 18.1.3 is intended to mean that for any person, no matter what the person's prior experience or how hired by the District, the person's class seniority starts at zero the day of appointment to a Schoof District position in that titie and begins to be calculated from that date. An employee's Class Seniority does not revert to zero following recall trom an Employer inifiated layoff within tfie twenty-four (24)-month recail rights period specified in 18.4. This definition of class seniority woutd be used for alf layoff decisions. 18.2 Seniorify shali not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of tess than thirty (30) catendar days; is granted because of iliness or injury; is granted to allow an employee to accept an appointmeni to the unc(assified service of the Empfoyer or to an elected or appoinied full-time pasition with the Union. 18.3 Seniority shail terminate when an employee retires, resigns or is discharged, i8.4 In the event it is determined by the Empioyer that it is necessary to reduce the workforce, employees will be laid off by class tiUe within each Department based on inverse length of °Class Seniority." Employees laid off by the Empioyer shall have the right to reinstatement in any lower-paid ciass title previousiy held which is covered by this Agreement, provided the empioyee has greater "Class Seniority than the employee being replaced. Recall from layoif shall be in inverse order of layofl, except Yhat recall rights shall expire after iwenty-four (24} months from the last day of work preceding the Iayoff. No other Civil Service recalt rights to this Employer shali appiy. This provision does noi address any rights the employee may have to be recalled to any oiher employer. 18.5 The selection of vacation periods shali be made by ciass titfe based on lengfh of "C(ass Seniorit�' subject to the approval of the Employer. i � - yo Cx� -b3'-( i � C ARTICLE 19. JURISDICTION 79.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of the Empfoyer. 19.2 The Employer agsees to be guided in the assignment of work jurisdiction by any mutuai agreements between the unions involved. 19.3 in the evsnt of a dispute conceming the perEormance or assignment of work, the unions involved and the Employer shafl meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shaii restrict the right of the Employer to accomplish the work as originally assigned pending resolution ot the dispute or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 19.2 and 19.3 above shail be subject to discipiinary action as provided in Articie 16 (Disciplinary Procedures). '19.5 There shafl be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20. SEPARATlON 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the fioilowing actions: 2Q.1.1 20.1.2 20.1.3 Resianation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. Discharqe. As provided in Article 16. Failure to Reoort for Dutv. As provided in Article 17. 202 Employees having a temporary employment status may be terminated at the discretion of the Employer before the completion of a norma4 workday. ARTICLE 21. TOOLS 21.1 Afl employees shall personaliy provide t'�a.mseives with the tools of the trade as listed in Appendix B. 11 ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shall recognize siewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the stewards and of their successors when so named. 22.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shafl iherefore 6e accompiished during working hours onfy when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shail suffer no loss in pay when a grievance is processed during working hours, provided the steward and the empioyee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence wouid not be detrimentai to the work programs of the Employer. 22.3 The procedure established by Yhis Article shall, except as previousty rroted in Article 16 (Disciplinary Procedures), be the sole and exclusive procedure for ihe processing of grievartces, which are defined as an aileged violation of the terms and conditions of this Agreement. 22,4 Grievances shali be resoived in conformance with the foitowing procedure: � Step 1. Upon the occurrence of an aileged viotation of this Agreement, the employee involved shall attempt to resolve ihe matter on an informal basis with the employee's satisfaciion by the i�formai discussion, it may be reduced to writing and referred to Step 2 by tfie Union. The written grievance shal( set fortfi the � nature of the grievance, the facts on which it is based, the aileged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) catendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shal! be considered waived. Step 2. Wifhin seven (7j calendar days after receiving the written grievance, a designated Empioyer Supervisor shail meet with the Union Steward and attempt to resolve the grievance. If, as a resuk of Yhis meeting, the grievance remains unresoived, the Emp(oyer shall reply in writing to the Union within three (3) calendar days foilowing this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar Days following receipt of the EmployePs written answer. Any grievance not referred in writing by the Union within seven (7) calendar days iollowi�g receipt of the Empioyer's answer shali be considered waived. r� � 12 OC�-l� 3y ,� ARTICLE 22. GRIEVANCE PROCEDURE (continued) Step 3. W ithin seven (7) caiendar days following receipt of a grievance reterred from Sfep 2, a designated Employer Supervisor shatt meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) cafendar days foilowing this meeting, the Employer shall repiy in writing to the Union stating the Employer's answer conceming the grievance. if, as a result of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days foilowing receipt of the Empfoyer's answer shall be considered waived. Step 4. If the grievance remains unresoived, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The Arbitration proceedings shalf be conducted by an arbitrator to be selected by mutuat agreement of the Employer and the U�ion within seven (7) caiendar days after notice has been given. If the parties fail to mutualiy agree upon an arbitrator within the said seven (7)-day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shali strike the first (1st) name; the Employer shalf then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. • C 22.5 The arbitrator shall have no right to amend, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue sutrmitted in writing 6y the Employer and the Union artd shall have no authority to make a decision on any other issue not so submitted. The arbitrator shaii be withoui power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law_ The arbitrator's decision sha0 be submitted in writing within thirty (30) days foliowing cfose of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final an binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shali be borne equally by the Employer and the Union, provided that each party shali be responsible for compensating its ow� representative and witnesses. If either party canceis an arbitration hearing or asks for a Iast-minute postponement that leads to the arbitrator's making a charge, the cancefing party or the party asking for the postponement shali pay this charge. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The time fimits in each step ot this procedure may be extended by mutual agreement of the Employer and the Union. 13 ARTICLE 23. RIGHT OF SUBCONTRACT 23.7 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. tn the event that such contracting would result in a reduction of the workforce covered by this Agreement, the Employer shaii give the Union a ninety (90) catendar day notice of the intention to subcontrect. 23.2 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NON-DISCRIMINA710N 24.1 The terms and conditions of this Agreement will be applied to employees equalty without regard to or discrimirtation tor or against any individual 6ecause of race, color, creed, sex, age or because of inembership or non-membership in the Union. 24.2 Employees wiI! perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other emp(oyees and the general public. ARTICLE 25. SEVERABILITY 25.1 in the event thai any provision(s) ot this Agreement is declared io be contrary to !aw by proper legisiative, administrative or judicial authority from whose findings, determination or decree rto appeai is taken, such provision(sj shail be voided. All other provisions shali continue in full force and effect. 25.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legisiative, administrative or judicial determination. ! \J . 74 Do-b3 y S ARTICLE 26. WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposafs with respect to any subject conceming the terms and conditions of empfoyment. The agreements and understandings reached by the parties after the exercise of this right are fully and compVetely set forth in this Agreement. 26.2 Therefore, the Employer and the Union for the duration of this Agreement agree thai the other party shaii not be obiigated to meet and negotiate over any term or condition of employment whether specifically covered or noi spec'rfically covered by this Agreement. The Union and Employer may, however, mutuaily agree to modify any provision of this Agreement. 26.3 Any and ail prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of empfoyment, to the extent they are inconsistent with this Agreement, are hereby superseded. AftTICLE 27. MILEAGE - INDEPENDENT SCHOOL DISTRICT NO, 625 � 27.1 Employees of the SchooV District under policy adopted by the Board oS Education may be reimbursed for the use of their automo6iles for school business. To be eligibie for such reimbursement, empfoyees must receive authorization from the District Mileage Committee utilizing one of the tol4owing plans. PLAN "A" is reimbursed at the current Board of Education rate or 31 ¢ per mile, whichever is more. in add'+tion, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. Another consideration for estabiishing the maximum amount may be the experience of another working in the same or similar position. Under this pfan, it is necessary for the employee to keep a record of each trip made. PLAN "C" provides for reimbursement based on a per month "lump sum" amount. This amount is determined by the employee's driving experience under Pfan "A" for a period of three (3) to six (6) months. Those employees receiving an auto aliowance under this pian must report monthiy the number of days the car was available during the month. A deduction must be made from the lump sum amount for each day the empfoyee is on vacation. A deduction need not be made for an occasionai day of i{Iness or for holiday. � 15 ARTICLE 28. DURATION AND PLEDGE 28.1 This Agreement sfiali become effective as of the date of signing, exeept as spec'rficaiiy provided othervuise in Articies 12 and 13, and shall remain in effect through the 30th day of Apri! 2002, and continue in effect from year to year thereafter untess notice ta 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, ihe party wishing to modify or ferminate the AgreemeM shail give written notice to the other party, not more than ninety (90) or (ess than sixty (60) calendar days prior to the expiration date, provided that the Agreement may oniy be so terminated or modified effective as of the expiration date. 28.3 tn consideration of the terms and conditions of empfoyment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances concerning Rs application or interpretaYion may be peaceiully resolved, the parties hereby piedge that during the term of the Agreement: 28.3.1 The Union and the employees will not engage in, instigate or condone any concerted action in which employees fail to report for duty, wilifully absent themselves from work, stop work, stow down their work or absent themsetves in whole or in part from the fuil, fafthfui performance oi their duties of employmenf. 28.32 The Employer wi!! nof engage in, instigate or condone any lockout of empioyees. 28.3.3 This constiiutes a ientative Agreement between the parties that will be recommended by the school board negotiaior, bui is subject to the approval of the Board of Education and is also subject to ratification by the Union. � . i ,6 00-�3 y � � / ARTICIE 28. DURATION AND PLEDGE (continued) The parties agree and attest by the signature of the fotlowin9 renresentatives for the Empioyer and the Union thaf this represents the full and complete understanding of the parties fos the period of time herein specfied. , WITNESSES: INDEPENDENT SCHOOL DISTRICT NO. 625 UNITED UNION OF ROOFERS, WATERPROOFERS AND ALLfED WORKERS, LOGAL NION NO. 96 � ' �G iX'rl�l l'� usmess anager ����� / �9 9 17 ae APPENDIX A The classes of positions recognized by the Employer as being exciusively represented by the Union are as follows: Roofer Lead Roofer Apprentice - Roofer and other classes of positions that may be estabiished by the Emptoyer where the duties and responsibilities assigned come within the jurisdiction of the Union. � • � iI7 ao- �3 y � APPENDIX B Afi necessary hand tools. i / �: APPENQiX C C1 The total hourly cost to the Employer for wages plus any and ali contributions or deductions stated in Appendix D of this Agreement shall not exceed the following amounts: Roofer Lead Roofer Effective Effective 511/1999 5/1/2000 $30.86 $32.46 $32.61 $34.21 Effective 5/1/2001 ��1 (�) (1) C2 The Yotal taxable houriy rate includ'mg wages and the vacation contribution in Appendix D and excluding al! other benefiY costs and obligations in Appendix D for regular and probationary employees appointed to the following ciasses of positions shall be as follows: Effective 5!Y/1999 Roofer Lead Roofer $22.76 $23.95 Effective Effeciive 5/1/20D0 5N/2001 C2A 7he basic hourly wage rates in fhis Appendix (C2A) are for compensation anaivsis purposes onlv. These figures represent fhe portion of the Appendix C7 rates above specificat(y aUocafed to wages. Tbese rates do NOT include taxable contributions and therefore should NOT be used for taxabie payrolt calcutations. See Appendix C2 above for total faxabie payrolt information. Effective 5/1 H 999 Plumber Lead Plumber $2a.�y $21.90 ��> Note For Appen�ix C1: The parties agree that for the ihird year of this Agreement, there will be a reopener fo discus� wages and benefiis ortly. The May 1, 2007, total hourly cost and �stribution wiil be negotiated at thaf time. ` The May 1, 2f;J0, houdy rates in Appendices C2, C2A and C3 shalt be determined:at a iater date based on ihe ailocation agreed to by the Employer and the Urtion of ihe May 7, 2000, total hourly cost stated in Appendix C7. " 7he May 1, 2D01, hovriy rates in Appendices C2, C2A and C3 shall be detertnined at a later date based on the aAocation agreed to by the Employer and the Uniort of ihe May 1, 2001, total houriy cost determined for ihe third-year wage reopener. Effective Effective Sli/2000 5/1/2001 � � � 2Q oo-ro3 y � APPENDIX C (continued) C3 The totai taxable hourly rate including wages and the vacation contribution in Append� D for temporary empioyees appoir�ted to the following classes of positions shail be: ENective 5J�l1999 Roofer Lead Roofer � $23.94 $25.19 <. If a temporary empfoyee working in a title listed in this Appendix C3 becomes subject to the requirements of the Public Employees Retirement Act (PERA), that thereby requires the Employer to make contributions to PERA, the calculated hourly rate may change so the Empioyer's cost does not exceed the amounts fisted in Appe�dix C1 above. C4 The basic houriy wage rates for the Apprentice class of positions: Aoprentice Percent of Roofer Rate 0 501 700� 1501 2001 2501 300� 3501 4001 4501 5001 5501 - 500 hours ..................................5o% of Roofer rate - y000 nou�s ................_................sz Roofer rate - 15D0 hours ..................................54°/a of Roofer rate - 2000 hours ..................................56% of Roofier rate - 2500 hours ..................................58°/, ofi Roofer rate - 3000 hours ..................................60% of Roofer rate - 3500 hours ..................................65°l0 of Roofer rate - 4000 hours ..................................70% of Roofer rate - 4500 hours ..................................75% of Roofer rate - 5000 hours ..................................80% of Roofer rate - 5500 haurs ..................................85% of Roofer rate - 6000 hours ..................................95°/, of Roofer rate if the Union elects to have the contributions listed in Appendix D increased ar decreased, the Empioyer may adjust the rates in Appendix C, Sections C2 through C4 in such a way that the total cost of the package (wage rate pius contributions) remains constant and does not exceed the amounts shown in Appendix C, Section C7. ' The May t, 2000, hourly rates in Appendices C2, C2A and C3 sha0 be determined at a iater date based � on the atlocation agreed to by the Employer and the Union of the Aprii 26, 1997, total houriy cost stated in Appendix C1. " The May t, 2001, hourly rates in Appendices C2, C2A and C3 shaf� be determined at a fater date based on the allocation agreed to by the Employer and the Union of the May 1, 2001, totai fiourfy cost dstermined for the third-year wage reopener. Effective Effective 5lV2000 5/�/200'I 27 APPENDIX D Effective May 7, 1999, the Empioyer sha(I forward the amounts designated in this Appendix D for employees covered by this Agreemenf to depositories as directed by the Union and agreed to by the Empioyer: �j) (2) (3) (4) (5) (6) $2.05 per hour for all hours worked from which ell appropriate payroll deductions have been made to a Union-designated VacatioNAssessment Fund. $2.90 per hour for ail hours worked to a Union-designated Heafth and Weffare Fund. $1.55 per hour for all hours worked by person in the Roofer titie and $1,80 for ail hours worked by person in the Lead Roofer title to a Union-designated Pension Fund. $2.30 per hour for all hours worked by person in the Roafer titie and $2.55 ior alt hours worked by persons in the Lead Roofer title to a Union-designated Annuity Fund. $.15 per hour for aA hours worked to e Uniorr-designated Aoorenticeship Fund, $.02 per hour for ail hours worked fo a Union-designated LMCC Fund. The Empfoyer shatf make tegal(y-established non-negotiated pension contributions to PERA. Changes in the mandated PERA rate may change the calculated hourly base rate of pay so the empioyer's cost does not exceed the amounts listed in Appendix C7 above. All contributions made in accordance with this Append'uc D shali be deducted from and are not in addition to the amounts shown in Appendix Ci. The Appendix D amourrts shaif be forwarded to depositories as directed by the Union and agreed to by the Emptoyer. The Employer shail establish Workers' Compensation and Unempiayment Compensation programs as required by Minnesota Statutes. Employees covered by this Agreement shall not be eligible for, govemed by or accumulate vacation, sick leave, holiday, funeral leave, jury duty or insurance fringe benefits ihat are or may be estabiished by Personnei Rules Councii Ordinance or Councit Resolutions. The Employe�'s tringe benefii obligation to employees is limited to the contributions and/or deductions established by fhis Agreement. The actual level of benefits provided to employees shail be !he responsibility of the Trustees of the various iunds to which the Employer has fonvarded contributions and/or deductions. � � �� - P.Ya 4R���NAL Presented by Referred To Council File # oo - C3y Green Sheet # 08922 Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and rarifies the attached May 1, 1999 through Apri130, 2002 Employment Agreement between the Independent School District No. 625 and the United Union of Roofers, Waterproofers and Allied Workers Local Union 46. Requested by Department of: of Labor Relations �.''� v (� Form App d by ('� A o ey J By: Adopted by Council: Date � � Cp Adoprion Certified by Council Secre ` By: c c� Approved by Mayor: Date �d� Z( �(Q� BY� �//J�/rL! 1� /�/�/� RESOLUTlON OF SAtNT PAUL, MINNESOTA � Approved by Mayor for Su mission to Council By: � ��1'1.�. ��!/W �---- LABOR RELATIONS CONTACC PERSON & PHONE: JIJLIE KRAUS 266-6513 MUST BE ON COUNCD, AGENDA BY (DATE) TOTAGftOF DATE Il�ITIATED GREEN SHEET June 19, 2000 p nvrnavnAre ASSIGN I DEPARTMEMC D�R�� 4 NU]yBER 2CITYATTORNEY FOR BUDGEI' DIK. � ROL7TING 3 MAYOR (OR AS57.) ORDER A� 7. LOCATIOTSS FOR SIGNATURE) oo-�3y No.: 08922 ll�tl'fAUDATE crrY couxca. CTI'Y C� �u FIN. & MGT. SA2VICE DiR. ncnox xEquESrEn: This resolution approves the attached May 1,1999 throug� April 30, 2002 Employment Agreement between the Independent School District No. 625 and the United Union of ._P,�� a`e:s, Waterpmofers and Allied Workers Local Union 96. RECOMtv1ENDAITONS: Approve (Aj or RejeM (R) _PLANNiNGCOA�4vIISSION CIVILSERVICE CObIM[SSIOT G7B COhfMITIEE S7'AFF DISTRICT COURT SUPPORTS VhACH COi1NCIL OBJECTiVE? PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: ]. Haz tlris personffvm evcr worked under a conVact for this depardnrnt? Yes No 2. Has fhis personlfnm ever been a city employee? Yu No 3. Does ihis personlfirm possess a skiil not normalty possessed by sny tuneM city Yes No E:plain aN yes ansvers on separate shttt and attac6 to green sheet INiT1ATIlVG PROBLEM, ISSUE, OPPORTUNITY (4Y6q R'hsy When, Where, WLy): ADVANTAGESIFAPPROVED: This Agreement pertains to Boazd of Fducation employees only. suN � � z000 _ _-��. -. _ — �� -.. ._�_...o,��w�.�,.-:-`-�°__ ` � .- . _ -' RECEiVEb DLSADYANTAGES IF APPROVED: fNAYOR'S OFFICE ✓LSADVANTAGES IF NOT APPROVED: fOTAL AMOUNT' OF TRANSe1CT[ON: UNDING SOURCE: COSf/REVENUE BUDGETED: AGTIVITY NUhiBER: INANG7AL IIVFORMATiON: (EXPLAN') INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS DATE: August 3, i 999 TOPIC: Approvai of an Employment Agreement With United Waterproofers and Allied Workers, Local Union No Terms and Conditions of Employment for 1999-2002 A. PERTWENT FACTS: ao • �34 Union of Roofers, . 96, to Establish 1. New Agreement is for the three-year period May 1, 1999 through Aprit 30, 2002. 2. Contract changes are as follows: Holida s: Changed holiday language to provide uniformity with other district contracts. Waaes: Wage and benefit changes reflect prevailing wage for the industry. The third year will be a reopener for wages only. 3. The remaining language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has 2 regular F.T.E. in this bargaining unit. 5. This request is submitted by Sue Gutbrod, NegotiationslLabor Relations Assistant Manager; Richard Kreyer, Executive Director of Human Resources and Labor Relations; and William Larson, Deputy Superintendent of Operations B. RECOMMENDATfON: That the Board of Education ot Independent School District No. 625 apprpve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom United Union of Roofers, Waterproofers and Allied Workers, Local Union (Vo. 96, is the exclusive representative; duration of said Agreement is fior the period of May 1, 1999 through April 3D, 2002. cx�-��� � � � ARTICLE TITLE �. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 2i. 22. 23. 24. 25. 26. 27. 28. INDEX PAGE Preamble.................................................................................................. Pu rpose ................................................ .................................................... Recognition................................ ............_.............................._.................. EmployerRights ...................................................................................... UnionRights ............................................................................................. Scope of the Agreement ........................................................................... Probationary Periods ................................................................................ Philosophy ofi Empioyment and Compensation ........................................ Hoursof Work .......................................................................................... Overtime................................................................................................... CaliBack .................................................................................................. Work Location .......................................................................................... Wages..................................................................................................... FringeSenefits ......................................................................................... Selection of Lead Roofer .......................................................................... Hofidays................................................................................................... Disciplinary Procedures ............................................................................ Absences from Work ................................................................................ Sen i o rity .................................................................................................... Jurisdiction ................................................................................................ Separation ................................................................................................ Too�s ..................................................................................................... Grievance Procedure ................................................................................ Right Subcontract ................................................................................. Non-Discrimination ................................................................................... Seve ra b i{ ity ............................................................................................... Waiver...................................................•-••...............•••..._....................... Miieage ..................................................................................................... Durationand Pledge ................................................................................. AppendixA ......................................................................................... Appendix ......................................................................................... Appendix ..................�.............................................................._....... Appendix ......................................................................................... iv 1 1 1 2 2 3 3 4 4 5 5 5 6 7 8 9 9 10 11 y� 11 12 14 14 14 15 15 16 18 19 20 22 � PREAMBLE This Agreement is entered into between lndependent School District No. 625, hereinafter referred to as the Empfoyer, and the United Union of Roofers, Waterproofers, and Allied Workers Local Union No. 96, hereinafter referred to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibiidies of the Independent Schoo� District No. 625 for fhe benefit of the gerterai public through effective labor-management cooperation. The Employer and the Union both rea(ize that t6is goai depends not only on the words in the Agreemeni but rather primarily on attitudes between people at all Ieveis of responsibility. Constructive attkudes ot the Empioyer, the Union, and the irtdividual empioyees wili best serve the needs of the general public. � � . iv v0-�3�/ • ARTfCLE 1. PURPOSE 1.1 The Empfoyer and the Union agree that the purpose for entering into this Agreement is to: 1.1.1 Achieve orderiy and peacefui relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and weii-being of all concemed; 1.1.2 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Empioyer and the Union; 1.1.3 Establish procedures to orderly and peacefuiiy resofve disputes as to ihe application or interpretation of this Agreement without loss of productivity. 12 The Employer and the Union agree that this Agreement serves as a suppfement to legislation that creates and d'+rects the Employer. if any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate lhat part in conflict so that it conforms to the statue as provided by Articie 25 {Severability). ARTIGLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive represeRtative for collective � bargaining purposes for aii personnei having an empioyment status of regular, probationary, and temporary employed in the ciasses of posRions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 90-PCL-3058 dated December 7, 1989. 22 The ciasses of positions recognized as heing exclusively represented by the Union are as listed in Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Emp{oyer retains the right to operate and manage all manpower, facilRies, and equipment; to estabiish functions and programs; to set and amend budgets; to determine the uti�ization of technology; to establish and modify the organizationai structure; to select, direct, and determine the number of personnef; and to pefiorm any inhererrt managerial function not specificaily limited by this Agreement. 32 Any `term or condition of empfoyment' not established by this Agreemerrt shall remain with the Empioyer to etiminate, modiEy or establish following written notification to the Union. � ARTlCLE 4. UNION RIGHTS 4.1 The Empioyer shail deduct from the wages ot employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shaii be remitted as directed by the Union. 4.1.1 4.1.2 The Empioyer shall not deduct dues from the wages of employees covered by tfiis Agreement for any other labor organization. The Union shail indemnify and save harmless Yhe Employer from any and all ciaims or charges made against the Empioyer as a result of the implementation of this Article. 42 The Union may designate one (7 ) empioyee from the bargaining unit to act as a Steward and shall inform the Empioyer in writing of such designation. Such employee shali have the righi and responsibilities as designated in Articie 22 (Grievance Procedure). 4.3 Upon notification to a designated Employer Supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities ot the Employer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement estabiishes the `Yerms and conditions of employmenY' defined by Minn. Stat. § 179A.03, Subdivision 19, for all employees excl�sively represented by the Union. This Agreement shali supersede such `Yerms and conditions of employmenY' esiabiished by Civi! Service Rule, Council Ordinance, and Council Resolution. • � � 2 c�v-to 3 � . � u ARTICLE 6. PROBATIONARY PERIODS 6.1 All personnel, originaliy hired or rehired foilowing separation, in a regular employment status shall serve a six (6)-month probationary period during which time the employee's fitness and abiliry to perform the class of positions' duties and responsibilities shaii 6e evaluated. 6.1.1 8.1.2 At any time during ihe probationary period an employee may be terminated at the discretion oi the Employer without appeai to the provisions of A»icle 22 (Grievance Procedure). An empioyee terminated during the probationary period shalf receive a written notice of the reason(s) for such termination, a copy of which shail be sent to the Union. 6.2 All personnel promoted to a higher ciass of positions shall serve a six (6)-month promolionai probationary period during which time the empioyee's fitness and ability to perform the class of positions' duties and responsibilities shall be eva{uated. 62.1 At any time during the promotionaf probationary period an empioyee may be demoted to the emp(oyse's previously-heid class of positions at the discretion of the Empioyer without appeai to the provisions of Article 22 (Grievance Procedure). 622 An empioyee demoted during the promotional probationary period shail be returned to the empioyee's previously-heid class of positions and shali receive a written notice of the reasons for demotio�, a copy of which shall be sent to the Union. ARTICLE 7. PtiiLOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The Empioyer and the Union are in full agreement that the philosophy of empioyment and compensatian shali be a`cash" hourly wage and `industry' iringe benefit system. 7.2 7.3 The Employer shafl compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articies 12 (Wages) and 13 (Fringe Benefits). No other compensation or fringe benefit shall be accumulated or eamed by an employee except as specificaily provided for in this Agreement. 3 ARTICLE 8. HOURS OF WORK i 8.i The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 82 The normal work week shall be five (5) consecutiva normal workdays Monday through Friday. 8.3 If, during the term of this Agreement, it is necessary in the EmployePS judgment to estabtish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enier into negotiations immediately to establish ihe conditions of such shifts and/or work weeks. 8.4 This Section shall not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal work week. 8,5 All employees shait be at the location designated by their supervisor, ready for work, at the esiablished starting time and shall remain at an assigned work locaFion until the end of tfie estabiished workday untess otherwise directed by their supervisor. 8.6 All empioyees are subject to call-back by tfie Employer as provided by Article 10 (Call Back). 8.7 Employees reporting for work at the esiabiished starting time and for whom no work is avaiiable shall receive pay for two (2) hours, at the basic hourly rate, unless notificafion has been given not to report for work prior to leaving home, or during the previous workday. ARTICLE 9. OVERTlME � 9.t Qvertime. Time on the payroll in excess of the normal hours set forth above shatl be "overtime work" and shall be done on}y by order of the head of the department. An employee shali be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and- one-half basis for such overtime work. The basis on which such overtime shall be paid shali be determined soteiy bythe Employer. 92 The overtime rate ot one and one-half (7-1/2) times the basic hourly rate shall be paid for work pertormed under the following circumstances: 92.7 Time worked in excess of eight (8) hours in any one normai workday, and 92.2 Time worked in excess of forty {40) hours in a seven {7}-day period. 9.3 For the purposes of calculating overtime compensation, overtime hours worked shall not be `pyramided," compounded or paid twice for the same hours worked. 9.4 Overtime shall be paid in cash or compensatory time as detertnined by the Employer. � � c�o-�3 �} � � � ARTICLE '10. CALL BACK 10.1 The Empioyer retains the right to call back employees before an employee has started a normal workday or normal work week and after an employee has completed a normal workday or normal work week. 102 Employees called back shaii receive a minimum of four (4) hours of pay at the basic houriy rate. 10.3 The hours worked based on a call back shall be compensated in accordance wfth Article 9(Overtime), when applicable, and subject to the minimum established by 102 above. 10.4 Empioyees called back four (4) hours or less prior to their normal workday shall compiete the normal workday and be compensated oniy for the overtime hours worked in accordance with Article 9 (Overtime). ARTICLE 11, WORK LOCATION 11.1 Employees shall report to work location as assigned by a designated Emp{oyer Supervisor. During the normal workday, employees may be assigned to other work locations at the discretion of the Empioyer. 11.2 Employees assigned to work locations during the normal workday other than their original assignment, and who are required to fumish their own transportation, shall be compensated for mileage as set forth in Article 27 {Mileage). ARTiCLE 12. WAGES i2.1 The basic hourly wage rates as established by Appendix C shail be paid tor all hours worked by an employee. 12.2 Reguiar employees and temporary employees sha0 be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions andfor deductions made on their behaif as provided for by Article 13.1 (Fringe Benefitsj. 5 ARTICLE 13. FRINGE BENEFITS 13.1 The Employer shall make contributions on behaff of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix D for ali hours worked. 13.2 The Employer wili tor the period of this Agreement provide, for those empioyees who were hired prior to February 15, 1974, and who were eligibie for the Empioyer's Health and Welfare premium contributions and who have retired since September 1, 1974, sucfi health insurance premium contributions up to the same doliar amounts as are provided by ihe Employer at the date of early retirement and the cost of premium contribuiions toward $5,000 life insurance coverage until such employees reach sixty-five (65) years of age. In order to be eligible for the premium contributions under the provision 13.2 and 73.3 the empioyee must: 13.2.1 13.2.2 Be receiving benefits from a public employee retiree act at the time of retirement. Have severed the empioyme�t relationship with the City of Saint Paui and/or Independent Schooi Disirict No. 625 under one of the eariy retiree plans. 132.3 Inform the kuman Resource Department of Independent School Oistrict No. 625 and Office of Human Resources, City of Saint Paul, in wrifing within sixty (60) days of employee's eariy retirement date that he or she wishes to be eligible for eariy retiree insurance benefits. 13.3 For an employee who retired at age sixty-five {65) or later and who met the criteria in 13.2 or for early retirees who qualified under 13.2 and have reached age sixty-five (65), after retiremeni the Employer will provide payment of premium for a Medicare supplement health coverage poiicy selected by the Employer. 13.4 Effective May 6, 1989, employees shall be eligibie for a paid holiday for Labor Day, the first Monday in September. � � . oo-�3y � ARTICLE 14. SELEC710N OF LEAD ROOFER 14.1 The selection of personnei fior the ciass of posftion of Lead Roofer shall remain solely with the Employer. � 42 The ciass of position ot Lead Roofer shall be filled by empioyees of the bargaining unii on a `Yemporary assignment" 14.3 All �temporary assignments' shail be made oniy at the direction of a designated Employer Supervisor. 14.4 Such "temporary assignmems" shaii be made oniy in cases where the ciass of positions is vacant for more than one (1) normal workday. i � ARTICLE 15. HOLIDAYS 15.1 The following nine �9) days sna!! be designated as unpaid hoHdays (except Labor Day as noted in Article 13.4): New Year's Day Martin Luther King, Jr. Day Presidents' Day Memoriai Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Day Christmas Day January 1 Third Monday In January Third Monday in February Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25. 15.2 When New Yeafs Day, Independence Day or Christmas Day falis on a S�nday, the foliowing Monday shall be considered the designated hotiday. When any of these three (3) hoiidays falis on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The nine (9} holidays shal! be considered non-workdays. 15.4 If, in the judgment of the Employer, personnei are necessary for operating or emergency reasons, employees may be scheduled or "called track" in accordance with Ariicle 10 (Call Back). 15.5 Employees assigned to work on the Day After Thanksgiving, Martin Luther King, Jr. Day, or Presidents' Day shaii be compensated on a straight-time basis for such hours worked. 15.6 Employees assigned to work on New Years Day, Memorial Day, lndependence Day, Labor Day, Thanksgiving Day or Christmas Day sha(( be compensated at the rate of two (2) times the basic hourly rate for such hours worked. 15.7 Empioyees shall receive holiday pay for Labor Day, the first Monday in Septem6er, at the basic hourly rate in accordance with Article 13.4. Labor Day shall be the sole holiday for which the Employer shall provide holiday pay. 15.8 !n order to be eligibie for holiday pay for the Labor Day Hotiday, employees who are on active payroll status preceding and following the Labor Day Holiday shaii receive pay for fhe Labor Day Holiday. i � r ` ao-� 3 y � � ARTICLE 16. DISCIPLINARY PROGEDURES 16.1 The Employer shall have the right to impose disciplinary actions on employees for just cause. 162 Oiscipiinary act+ons by the Employer shal! inciude only the following actions: 16.2.1 Oral reprimand; 16.22 Written reprimand; 16.2.3 Suspension; 16.2.4 Demotion; 16.2.5 Discharge. 16.3 Empioyees who are suspended, demoted or discharged shail retain aii rights under Minn. Stat. § 179A.20, Subd. 4, and thereby shaN have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions of Article 23 (Grievance Procedure). Once an employee or the Union acting in the employee's behali initiates review of an action, that matter shall not be again reviewed in another forum. Oral reprimands shaii not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.2 Employees who are unabie to report for their normai workday have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 17.2 17.3 Failure to make such notification may be grounds for discipiine as provided in Article 16 (Disciplinary Procedures). Failure to report for work without notification for three (3) consecutive normal workdays may be considered a°quiY' by the Employer on the part of the employee. � ART(CLE 18. SENIORITY '! 8.1 For the purpase of this Article the following terms shall be defined as follows: 18.1.1 The term, "Emplaye�' shatl mean independent Schooi District No_ 625, Saint Pauf Public Schools. 18.1.2 The term, °Master Seniority' shalf inean the length of continuous reguiar and probationary service with the Employer from the date an emptoyee was first appointed to any class tifle with the Employer covered by this Agreement. 18.1.3 The term "Ciass Seniorit�l' shaii mean ihe iengih of continuous regutar and probationary service with the Employer irom ihe date an empioyee was first appointed to a position with the Employer in a class tRle covered by this Agreement. This Section 18.1.3 is intended to mean that for any person, no matter what the person's prior experience or how hired by the District, the person's class seniority starts at zero the day of appointment to a Schoof District position in that titie and begins to be calculated from that date. An employee's Class Seniority does not revert to zero following recall trom an Employer inifiated layoff within tfie twenty-four (24)-month recail rights period specified in 18.4. This definition of class seniority woutd be used for alf layoff decisions. 18.2 Seniorify shali not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of tess than thirty (30) catendar days; is granted because of iliness or injury; is granted to allow an employee to accept an appointmeni to the unc(assified service of the Empfoyer or to an elected or appoinied full-time pasition with the Union. 18.3 Seniority shail terminate when an employee retires, resigns or is discharged, i8.4 In the event it is determined by the Empioyer that it is necessary to reduce the workforce, employees will be laid off by class tiUe within each Department based on inverse length of °Class Seniority." Employees laid off by the Empioyer shall have the right to reinstatement in any lower-paid ciass title previousiy held which is covered by this Agreement, provided the empioyee has greater "Class Seniority than the employee being replaced. Recall from layoif shall be in inverse order of layofl, except Yhat recall rights shall expire after iwenty-four (24} months from the last day of work preceding the Iayoff. No other Civil Service recalt rights to this Employer shali appiy. This provision does noi address any rights the employee may have to be recalled to any oiher employer. 18.5 The selection of vacation periods shali be made by ciass titfe based on lengfh of "C(ass Seniorit�' subject to the approval of the Employer. i � - yo Cx� -b3'-( i � C ARTICLE 19. JURISDICTION 79.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of the Empfoyer. 19.2 The Employer agsees to be guided in the assignment of work jurisdiction by any mutuai agreements between the unions involved. 19.3 in the evsnt of a dispute conceming the perEormance or assignment of work, the unions involved and the Employer shafl meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shaii restrict the right of the Employer to accomplish the work as originally assigned pending resolution ot the dispute or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 19.2 and 19.3 above shail be subject to discipiinary action as provided in Articie 16 (Disciplinary Procedures). '19.5 There shafl be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20. SEPARATlON 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the fioilowing actions: 2Q.1.1 20.1.2 20.1.3 Resianation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. Discharqe. As provided in Article 16. Failure to Reoort for Dutv. As provided in Article 17. 202 Employees having a temporary employment status may be terminated at the discretion of the Employer before the completion of a norma4 workday. ARTICLE 21. TOOLS 21.1 Afl employees shall personaliy provide t'�a.mseives with the tools of the trade as listed in Appendix B. 11 ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shall recognize siewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the stewards and of their successors when so named. 22.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shafl iherefore 6e accompiished during working hours onfy when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shail suffer no loss in pay when a grievance is processed during working hours, provided the steward and the empioyee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence wouid not be detrimentai to the work programs of the Employer. 22.3 The procedure established by Yhis Article shall, except as previousty rroted in Article 16 (Disciplinary Procedures), be the sole and exclusive procedure for ihe processing of grievartces, which are defined as an aileged violation of the terms and conditions of this Agreement. 22,4 Grievances shali be resoived in conformance with the foitowing procedure: � Step 1. Upon the occurrence of an aileged viotation of this Agreement, the employee involved shall attempt to resolve ihe matter on an informal basis with the employee's satisfaciion by the i�formai discussion, it may be reduced to writing and referred to Step 2 by tfie Union. The written grievance shal( set fortfi the � nature of the grievance, the facts on which it is based, the aileged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) catendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shal! be considered waived. Step 2. Wifhin seven (7j calendar days after receiving the written grievance, a designated Empioyer Supervisor shail meet with the Union Steward and attempt to resolve the grievance. If, as a resuk of Yhis meeting, the grievance remains unresoived, the Emp(oyer shall reply in writing to the Union within three (3) calendar days foilowing this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar Days following receipt of the EmployePs written answer. Any grievance not referred in writing by the Union within seven (7) calendar days iollowi�g receipt of the Empioyer's answer shali be considered waived. r� � 12 OC�-l� 3y ,� ARTICLE 22. GRIEVANCE PROCEDURE (continued) Step 3. W ithin seven (7) caiendar days following receipt of a grievance reterred from Sfep 2, a designated Employer Supervisor shatt meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) cafendar days foilowing this meeting, the Employer shall repiy in writing to the Union stating the Employer's answer conceming the grievance. if, as a result of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days foilowing receipt of the Empfoyer's answer shall be considered waived. Step 4. If the grievance remains unresoived, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The Arbitration proceedings shalf be conducted by an arbitrator to be selected by mutuat agreement of the Employer and the U�ion within seven (7) caiendar days after notice has been given. If the parties fail to mutualiy agree upon an arbitrator within the said seven (7)-day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shali strike the first (1st) name; the Employer shalf then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. • C 22.5 The arbitrator shall have no right to amend, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue sutrmitted in writing 6y the Employer and the Union artd shall have no authority to make a decision on any other issue not so submitted. The arbitrator shaii be withoui power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law_ The arbitrator's decision sha0 be submitted in writing within thirty (30) days foliowing cfose of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final an binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shali be borne equally by the Employer and the Union, provided that each party shali be responsible for compensating its ow� representative and witnesses. If either party canceis an arbitration hearing or asks for a Iast-minute postponement that leads to the arbitrator's making a charge, the cancefing party or the party asking for the postponement shali pay this charge. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The time fimits in each step ot this procedure may be extended by mutual agreement of the Employer and the Union. 13 ARTICLE 23. RIGHT OF SUBCONTRACT 23.7 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. tn the event that such contracting would result in a reduction of the workforce covered by this Agreement, the Employer shaii give the Union a ninety (90) catendar day notice of the intention to subcontrect. 23.2 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NON-DISCRIMINA710N 24.1 The terms and conditions of this Agreement will be applied to employees equalty without regard to or discrimirtation tor or against any individual 6ecause of race, color, creed, sex, age or because of inembership or non-membership in the Union. 24.2 Employees wiI! perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other emp(oyees and the general public. ARTICLE 25. SEVERABILITY 25.1 in the event thai any provision(s) ot this Agreement is declared io be contrary to !aw by proper legisiative, administrative or judicial authority from whose findings, determination or decree rto appeai is taken, such provision(sj shail be voided. All other provisions shali continue in full force and effect. 25.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legisiative, administrative or judicial determination. ! \J . 74 Do-b3 y S ARTICLE 26. WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposafs with respect to any subject conceming the terms and conditions of empfoyment. The agreements and understandings reached by the parties after the exercise of this right are fully and compVetely set forth in this Agreement. 26.2 Therefore, the Employer and the Union for the duration of this Agreement agree thai the other party shaii not be obiigated to meet and negotiate over any term or condition of employment whether specifically covered or noi spec'rfically covered by this Agreement. The Union and Employer may, however, mutuaily agree to modify any provision of this Agreement. 26.3 Any and ail prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of empfoyment, to the extent they are inconsistent with this Agreement, are hereby superseded. AftTICLE 27. MILEAGE - INDEPENDENT SCHOOL DISTRICT NO, 625 � 27.1 Employees of the SchooV District under policy adopted by the Board oS Education may be reimbursed for the use of their automo6iles for school business. To be eligibie for such reimbursement, empfoyees must receive authorization from the District Mileage Committee utilizing one of the tol4owing plans. PLAN "A" is reimbursed at the current Board of Education rate or 31 ¢ per mile, whichever is more. in add'+tion, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. Another consideration for estabiishing the maximum amount may be the experience of another working in the same or similar position. Under this pfan, it is necessary for the employee to keep a record of each trip made. PLAN "C" provides for reimbursement based on a per month "lump sum" amount. This amount is determined by the employee's driving experience under Pfan "A" for a period of three (3) to six (6) months. Those employees receiving an auto aliowance under this pian must report monthiy the number of days the car was available during the month. A deduction must be made from the lump sum amount for each day the empfoyee is on vacation. A deduction need not be made for an occasionai day of i{Iness or for holiday. � 15 ARTICLE 28. DURATION AND PLEDGE 28.1 This Agreement sfiali become effective as of the date of signing, exeept as spec'rficaiiy provided othervuise in Articies 12 and 13, and shall remain in effect through the 30th day of Apri! 2002, and continue in effect from year to year thereafter untess notice ta 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, ihe party wishing to modify or ferminate the AgreemeM shail give written notice to the other party, not more than ninety (90) or (ess than sixty (60) calendar days prior to the expiration date, provided that the Agreement may oniy be so terminated or modified effective as of the expiration date. 28.3 tn consideration of the terms and conditions of empfoyment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances concerning Rs application or interpretaYion may be peaceiully resolved, the parties hereby piedge that during the term of the Agreement: 28.3.1 The Union and the employees will not engage in, instigate or condone any concerted action in which employees fail to report for duty, wilifully absent themselves from work, stop work, stow down their work or absent themsetves in whole or in part from the fuil, fafthfui performance oi their duties of employmenf. 28.32 The Employer wi!! nof engage in, instigate or condone any lockout of empioyees. 28.3.3 This constiiutes a ientative Agreement between the parties that will be recommended by the school board negotiaior, bui is subject to the approval of the Board of Education and is also subject to ratification by the Union. � . i ,6 00-�3 y � � / ARTICIE 28. DURATION AND PLEDGE (continued) The parties agree and attest by the signature of the fotlowin9 renresentatives for the Empioyer and the Union thaf this represents the full and complete understanding of the parties fos the period of time herein specfied. , WITNESSES: INDEPENDENT SCHOOL DISTRICT NO. 625 UNITED UNION OF ROOFERS, WATERPROOFERS AND ALLfED WORKERS, LOGAL NION NO. 96 � ' �G iX'rl�l l'� usmess anager ����� / �9 9 17 ae APPENDIX A The classes of positions recognized by the Employer as being exciusively represented by the Union are as follows: Roofer Lead Roofer Apprentice - Roofer and other classes of positions that may be estabiished by the Emptoyer where the duties and responsibilities assigned come within the jurisdiction of the Union. � • � iI7 ao- �3 y � APPENDIX B Afi necessary hand tools. i / �: APPENQiX C C1 The total hourly cost to the Employer for wages plus any and ali contributions or deductions stated in Appendix D of this Agreement shall not exceed the following amounts: Roofer Lead Roofer Effective Effective 511/1999 5/1/2000 $30.86 $32.46 $32.61 $34.21 Effective 5/1/2001 ��1 (�) (1) C2 The Yotal taxable houriy rate includ'mg wages and the vacation contribution in Appendix D and excluding al! other benefiY costs and obligations in Appendix D for regular and probationary employees appointed to the following ciasses of positions shall be as follows: Effective 5!Y/1999 Roofer Lead Roofer $22.76 $23.95 Effective Effeciive 5/1/20D0 5N/2001 C2A 7he basic hourly wage rates in fhis Appendix (C2A) are for compensation anaivsis purposes onlv. These figures represent fhe portion of the Appendix C7 rates above specificat(y aUocafed to wages. Tbese rates do NOT include taxable contributions and therefore should NOT be used for taxabie payrolt calcutations. See Appendix C2 above for total faxabie payrolt information. Effective 5/1 H 999 Plumber Lead Plumber $2a.�y $21.90 ��> Note For Appen�ix C1: The parties agree that for the ihird year of this Agreement, there will be a reopener fo discus� wages and benefiis ortly. The May 1, 2007, total hourly cost and �stribution wiil be negotiated at thaf time. ` The May 1, 2f;J0, houdy rates in Appendices C2, C2A and C3 shalt be determined:at a iater date based on ihe ailocation agreed to by the Employer and the Urtion of ihe May 7, 2000, total hourly cost stated in Appendix C7. " 7he May 1, 2D01, hovriy rates in Appendices C2, C2A and C3 shall be detertnined at a later date based on the aAocation agreed to by the Employer and the Uniort of ihe May 1, 2001, total houriy cost determined for ihe third-year wage reopener. Effective Effective Sli/2000 5/1/2001 � � � 2Q oo-ro3 y � APPENDIX C (continued) C3 The totai taxable hourly rate including wages and the vacation contribution in Append� D for temporary empioyees appoir�ted to the following classes of positions shail be: ENective 5J�l1999 Roofer Lead Roofer � $23.94 $25.19 <. If a temporary empfoyee working in a title listed in this Appendix C3 becomes subject to the requirements of the Public Employees Retirement Act (PERA), that thereby requires the Employer to make contributions to PERA, the calculated hourly rate may change so the Empioyer's cost does not exceed the amounts fisted in Appe�dix C1 above. C4 The basic houriy wage rates for the Apprentice class of positions: Aoprentice Percent of Roofer Rate 0 501 700� 1501 2001 2501 300� 3501 4001 4501 5001 5501 - 500 hours ..................................5o% of Roofer rate - y000 nou�s ................_................sz Roofer rate - 15D0 hours ..................................54°/a of Roofer rate - 2000 hours ..................................56% of Roofier rate - 2500 hours ..................................58°/, ofi Roofer rate - 3000 hours ..................................60% of Roofer rate - 3500 hours ..................................65°l0 of Roofer rate - 4000 hours ..................................70% of Roofer rate - 4500 hours ..................................75% of Roofer rate - 5000 hours ..................................80% of Roofer rate - 5500 haurs ..................................85% of Roofer rate - 6000 hours ..................................95°/, of Roofer rate if the Union elects to have the contributions listed in Appendix D increased ar decreased, the Empioyer may adjust the rates in Appendix C, Sections C2 through C4 in such a way that the total cost of the package (wage rate pius contributions) remains constant and does not exceed the amounts shown in Appendix C, Section C7. ' The May t, 2000, hourly rates in Appendices C2, C2A and C3 sha0 be determined at a iater date based � on the atlocation agreed to by the Employer and the Union of the Aprii 26, 1997, total houriy cost stated in Appendix C1. " The May t, 2001, hourly rates in Appendices C2, C2A and C3 shaf� be determined at a fater date based on the allocation agreed to by the Employer and the Union of the May 1, 2001, totai fiourfy cost dstermined for the third-year wage reopener. Effective Effective 5lV2000 5/�/200'I 27 APPENDIX D Effective May 7, 1999, the Empioyer sha(I forward the amounts designated in this Appendix D for employees covered by this Agreemenf to depositories as directed by the Union and agreed to by the Empioyer: �j) (2) (3) (4) (5) (6) $2.05 per hour for all hours worked from which ell appropriate payroll deductions have been made to a Union-designated VacatioNAssessment Fund. $2.90 per hour for ail hours worked to a Union-designated Heafth and Weffare Fund. $1.55 per hour for all hours worked by person in the Roofer titie and $1,80 for ail hours worked by person in the Lead Roofer title to a Union-designated Pension Fund. $2.30 per hour for all hours worked by person in the Roafer titie and $2.55 ior alt hours worked by persons in the Lead Roofer title to a Union-designated Annuity Fund. $.15 per hour for aA hours worked to e Uniorr-designated Aoorenticeship Fund, $.02 per hour for ail hours worked fo a Union-designated LMCC Fund. The Empfoyer shatf make tegal(y-established non-negotiated pension contributions to PERA. Changes in the mandated PERA rate may change the calculated hourly base rate of pay so the empioyer's cost does not exceed the amounts listed in Appendix C7 above. All contributions made in accordance with this Append'uc D shali be deducted from and are not in addition to the amounts shown in Appendix Ci. The Appendix D amourrts shaif be forwarded to depositories as directed by the Union and agreed to by the Emptoyer. The Employer shail establish Workers' Compensation and Unempiayment Compensation programs as required by Minnesota Statutes. Employees covered by this Agreement shall not be eligible for, govemed by or accumulate vacation, sick leave, holiday, funeral leave, jury duty or insurance fringe benefits ihat are or may be estabiished by Personnei Rules Councii Ordinance or Councit Resolutions. The Employe�'s tringe benefii obligation to employees is limited to the contributions and/or deductions established by fhis Agreement. The actual level of benefits provided to employees shail be !he responsibility of the Trustees of the various iunds to which the Employer has fonvarded contributions and/or deductions. � � �� - P.Ya 4R���NAL Presented by Referred To Council File # oo - C3y Green Sheet # 08922 Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and rarifies the attached May 1, 1999 through Apri130, 2002 Employment Agreement between the Independent School District No. 625 and the United Union of Roofers, Waterproofers and Allied Workers Local Union 46. Requested by Department of: of Labor Relations �.''� v (� Form App d by ('� A o ey J By: Adopted by Council: Date � � Cp Adoprion Certified by Council Secre ` By: c c� Approved by Mayor: Date �d� Z( �(Q� BY� �//J�/rL! 1� /�/�/� RESOLUTlON OF SAtNT PAUL, MINNESOTA � Approved by Mayor for Su mission to Council By: � ��1'1.�. ��!/W �---- LABOR RELATIONS CONTACC PERSON & PHONE: JIJLIE KRAUS 266-6513 MUST BE ON COUNCD, AGENDA BY (DATE) TOTAGftOF DATE Il�ITIATED GREEN SHEET June 19, 2000 p nvrnavnAre ASSIGN I DEPARTMEMC D�R�� 4 NU]yBER 2CITYATTORNEY FOR BUDGEI' DIK. � ROL7TING 3 MAYOR (OR AS57.) ORDER A� 7. LOCATIOTSS FOR SIGNATURE) oo-�3y No.: 08922 ll�tl'fAUDATE crrY couxca. CTI'Y C� �u FIN. & MGT. SA2VICE DiR. ncnox xEquESrEn: This resolution approves the attached May 1,1999 throug� April 30, 2002 Employment Agreement between the Independent School District No. 625 and the United Union of ._P,�� a`e:s, Waterpmofers and Allied Workers Local Union 96. RECOMtv1ENDAITONS: Approve (Aj or RejeM (R) _PLANNiNGCOA�4vIISSION CIVILSERVICE CObIM[SSIOT G7B COhfMITIEE S7'AFF DISTRICT COURT SUPPORTS VhACH COi1NCIL OBJECTiVE? PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: ]. Haz tlris personffvm evcr worked under a conVact for this depardnrnt? Yes No 2. Has fhis personlfnm ever been a city employee? Yu No 3. Does ihis personlfirm possess a skiil not normalty possessed by sny tuneM city Yes No E:plain aN yes ansvers on separate shttt and attac6 to green sheet INiT1ATIlVG PROBLEM, ISSUE, OPPORTUNITY (4Y6q R'hsy When, Where, WLy): ADVANTAGESIFAPPROVED: This Agreement pertains to Boazd of Fducation employees only. suN � � z000 _ _-��. -. _ — �� -.. ._�_...o,��w�.�,.-:-`-�°__ ` � .- . _ -' RECEiVEb DLSADYANTAGES IF APPROVED: fNAYOR'S OFFICE ✓LSADVANTAGES IF NOT APPROVED: fOTAL AMOUNT' OF TRANSe1CT[ON: UNDING SOURCE: COSf/REVENUE BUDGETED: AGTIVITY NUhiBER: INANG7AL IIVFORMATiON: (EXPLAN') INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS DATE: August 3, i 999 TOPIC: Approvai of an Employment Agreement With United Waterproofers and Allied Workers, Local Union No Terms and Conditions of Employment for 1999-2002 A. PERTWENT FACTS: ao • �34 Union of Roofers, . 96, to Establish 1. New Agreement is for the three-year period May 1, 1999 through Aprit 30, 2002. 2. Contract changes are as follows: Holida s: Changed holiday language to provide uniformity with other district contracts. Waaes: Wage and benefit changes reflect prevailing wage for the industry. The third year will be a reopener for wages only. 3. The remaining language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has 2 regular F.T.E. in this bargaining unit. 5. This request is submitted by Sue Gutbrod, NegotiationslLabor Relations Assistant Manager; Richard Kreyer, Executive Director of Human Resources and Labor Relations; and William Larson, Deputy Superintendent of Operations B. RECOMMENDATfON: That the Board of Education ot Independent School District No. 625 apprpve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom United Union of Roofers, Waterproofers and Allied Workers, Local Union (Vo. 96, is the exclusive representative; duration of said Agreement is fior the period of May 1, 1999 through April 3D, 2002. cx�-��� � � � ARTICLE TITLE �. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 2i. 22. 23. 24. 25. 26. 27. 28. INDEX PAGE Preamble.................................................................................................. Pu rpose ................................................ .................................................... Recognition................................ ............_.............................._.................. EmployerRights ...................................................................................... UnionRights ............................................................................................. Scope of the Agreement ........................................................................... Probationary Periods ................................................................................ Philosophy ofi Empioyment and Compensation ........................................ Hoursof Work .......................................................................................... Overtime................................................................................................... CaliBack .................................................................................................. Work Location .......................................................................................... Wages..................................................................................................... FringeSenefits ......................................................................................... Selection of Lead Roofer .......................................................................... Hofidays................................................................................................... Disciplinary Procedures ............................................................................ Absences from Work ................................................................................ Sen i o rity .................................................................................................... Jurisdiction ................................................................................................ Separation ................................................................................................ Too�s ..................................................................................................... Grievance Procedure ................................................................................ Right Subcontract ................................................................................. Non-Discrimination ................................................................................... Seve ra b i{ ity ............................................................................................... Waiver...................................................•-••...............•••..._....................... Miieage ..................................................................................................... Durationand Pledge ................................................................................. AppendixA ......................................................................................... Appendix ......................................................................................... Appendix ..................�.............................................................._....... Appendix ......................................................................................... iv 1 1 1 2 2 3 3 4 4 5 5 5 6 7 8 9 9 10 11 y� 11 12 14 14 14 15 15 16 18 19 20 22 � PREAMBLE This Agreement is entered into between lndependent School District No. 625, hereinafter referred to as the Empfoyer, and the United Union of Roofers, Waterproofers, and Allied Workers Local Union No. 96, hereinafter referred to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibiidies of the Independent Schoo� District No. 625 for fhe benefit of the gerterai public through effective labor-management cooperation. The Employer and the Union both rea(ize that t6is goai depends not only on the words in the Agreemeni but rather primarily on attitudes between people at all Ieveis of responsibility. Constructive attkudes ot the Empioyer, the Union, and the irtdividual empioyees wili best serve the needs of the general public. � � . iv v0-�3�/ • ARTfCLE 1. PURPOSE 1.1 The Empfoyer and the Union agree that the purpose for entering into this Agreement is to: 1.1.1 Achieve orderiy and peacefui relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and weii-being of all concemed; 1.1.2 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Empioyer and the Union; 1.1.3 Establish procedures to orderly and peacefuiiy resofve disputes as to ihe application or interpretation of this Agreement without loss of productivity. 12 The Employer and the Union agree that this Agreement serves as a suppfement to legislation that creates and d'+rects the Employer. if any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate lhat part in conflict so that it conforms to the statue as provided by Articie 25 {Severability). ARTIGLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive represeRtative for collective � bargaining purposes for aii personnei having an empioyment status of regular, probationary, and temporary employed in the ciasses of posRions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 90-PCL-3058 dated December 7, 1989. 22 The ciasses of positions recognized as heing exclusively represented by the Union are as listed in Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Emp{oyer retains the right to operate and manage all manpower, facilRies, and equipment; to estabiish functions and programs; to set and amend budgets; to determine the uti�ization of technology; to establish and modify the organizationai structure; to select, direct, and determine the number of personnef; and to pefiorm any inhererrt managerial function not specificaily limited by this Agreement. 32 Any `term or condition of empfoyment' not established by this Agreemerrt shall remain with the Empioyer to etiminate, modiEy or establish following written notification to the Union. � ARTlCLE 4. UNION RIGHTS 4.1 The Empioyer shail deduct from the wages ot employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shaii be remitted as directed by the Union. 4.1.1 4.1.2 The Empioyer shall not deduct dues from the wages of employees covered by tfiis Agreement for any other labor organization. The Union shail indemnify and save harmless Yhe Employer from any and all ciaims or charges made against the Empioyer as a result of the implementation of this Article. 42 The Union may designate one (7 ) empioyee from the bargaining unit to act as a Steward and shall inform the Empioyer in writing of such designation. Such employee shali have the righi and responsibilities as designated in Articie 22 (Grievance Procedure). 4.3 Upon notification to a designated Employer Supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities ot the Employer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement estabiishes the `Yerms and conditions of employmenY' defined by Minn. Stat. § 179A.03, Subdivision 19, for all employees excl�sively represented by the Union. This Agreement shali supersede such `Yerms and conditions of employmenY' esiabiished by Civi! Service Rule, Council Ordinance, and Council Resolution. • � � 2 c�v-to 3 � . � u ARTICLE 6. PROBATIONARY PERIODS 6.1 All personnel, originaliy hired or rehired foilowing separation, in a regular employment status shall serve a six (6)-month probationary period during which time the employee's fitness and abiliry to perform the class of positions' duties and responsibilities shaii 6e evaluated. 6.1.1 8.1.2 At any time during ihe probationary period an employee may be terminated at the discretion oi the Employer without appeai to the provisions of A»icle 22 (Grievance Procedure). An empioyee terminated during the probationary period shalf receive a written notice of the reason(s) for such termination, a copy of which shail be sent to the Union. 6.2 All personnel promoted to a higher ciass of positions shall serve a six (6)-month promolionai probationary period during which time the empioyee's fitness and ability to perform the class of positions' duties and responsibilities shall be eva{uated. 62.1 At any time during the promotionaf probationary period an empioyee may be demoted to the emp(oyse's previously-heid class of positions at the discretion of the Empioyer without appeai to the provisions of Article 22 (Grievance Procedure). 622 An empioyee demoted during the promotional probationary period shail be returned to the empioyee's previously-heid class of positions and shali receive a written notice of the reasons for demotio�, a copy of which shall be sent to the Union. ARTICLE 7. PtiiLOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The Empioyer and the Union are in full agreement that the philosophy of empioyment and compensatian shali be a`cash" hourly wage and `industry' iringe benefit system. 7.2 7.3 The Employer shafl compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articies 12 (Wages) and 13 (Fringe Benefits). No other compensation or fringe benefit shall be accumulated or eamed by an employee except as specificaily provided for in this Agreement. 3 ARTICLE 8. HOURS OF WORK i 8.i The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 82 The normal work week shall be five (5) consecutiva normal workdays Monday through Friday. 8.3 If, during the term of this Agreement, it is necessary in the EmployePS judgment to estabtish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enier into negotiations immediately to establish ihe conditions of such shifts and/or work weeks. 8.4 This Section shall not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal work week. 8,5 All employees shait be at the location designated by their supervisor, ready for work, at the esiablished starting time and shall remain at an assigned work locaFion until the end of tfie estabiished workday untess otherwise directed by their supervisor. 8.6 All empioyees are subject to call-back by tfie Employer as provided by Article 10 (Call Back). 8.7 Employees reporting for work at the esiabiished starting time and for whom no work is avaiiable shall receive pay for two (2) hours, at the basic hourly rate, unless notificafion has been given not to report for work prior to leaving home, or during the previous workday. ARTICLE 9. OVERTlME � 9.t Qvertime. Time on the payroll in excess of the normal hours set forth above shatl be "overtime work" and shall be done on}y by order of the head of the department. An employee shali be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and- one-half basis for such overtime work. The basis on which such overtime shall be paid shali be determined soteiy bythe Employer. 92 The overtime rate ot one and one-half (7-1/2) times the basic hourly rate shall be paid for work pertormed under the following circumstances: 92.7 Time worked in excess of eight (8) hours in any one normai workday, and 92.2 Time worked in excess of forty {40) hours in a seven {7}-day period. 9.3 For the purposes of calculating overtime compensation, overtime hours worked shall not be `pyramided," compounded or paid twice for the same hours worked. 9.4 Overtime shall be paid in cash or compensatory time as detertnined by the Employer. � � c�o-�3 �} � � � ARTICLE '10. CALL BACK 10.1 The Empioyer retains the right to call back employees before an employee has started a normal workday or normal work week and after an employee has completed a normal workday or normal work week. 102 Employees called back shaii receive a minimum of four (4) hours of pay at the basic houriy rate. 10.3 The hours worked based on a call back shall be compensated in accordance wfth Article 9(Overtime), when applicable, and subject to the minimum established by 102 above. 10.4 Empioyees called back four (4) hours or less prior to their normal workday shall compiete the normal workday and be compensated oniy for the overtime hours worked in accordance with Article 9 (Overtime). ARTICLE 11, WORK LOCATION 11.1 Employees shall report to work location as assigned by a designated Emp{oyer Supervisor. During the normal workday, employees may be assigned to other work locations at the discretion of the Empioyer. 11.2 Employees assigned to work locations during the normal workday other than their original assignment, and who are required to fumish their own transportation, shall be compensated for mileage as set forth in Article 27 {Mileage). ARTiCLE 12. WAGES i2.1 The basic hourly wage rates as established by Appendix C shail be paid tor all hours worked by an employee. 12.2 Reguiar employees and temporary employees sha0 be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions andfor deductions made on their behaif as provided for by Article 13.1 (Fringe Benefitsj. 5 ARTICLE 13. FRINGE BENEFITS 13.1 The Employer shall make contributions on behaff of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix D for ali hours worked. 13.2 The Employer wili tor the period of this Agreement provide, for those empioyees who were hired prior to February 15, 1974, and who were eligibie for the Empioyer's Health and Welfare premium contributions and who have retired since September 1, 1974, sucfi health insurance premium contributions up to the same doliar amounts as are provided by ihe Employer at the date of early retirement and the cost of premium contribuiions toward $5,000 life insurance coverage until such employees reach sixty-five (65) years of age. In order to be eligible for the premium contributions under the provision 13.2 and 73.3 the empioyee must: 13.2.1 13.2.2 Be receiving benefits from a public employee retiree act at the time of retirement. Have severed the empioyme�t relationship with the City of Saint Paui and/or Independent Schooi Disirict No. 625 under one of the eariy retiree plans. 132.3 Inform the kuman Resource Department of Independent School Oistrict No. 625 and Office of Human Resources, City of Saint Paul, in wrifing within sixty (60) days of employee's eariy retirement date that he or she wishes to be eligible for eariy retiree insurance benefits. 13.3 For an employee who retired at age sixty-five {65) or later and who met the criteria in 13.2 or for early retirees who qualified under 13.2 and have reached age sixty-five (65), after retiremeni the Employer will provide payment of premium for a Medicare supplement health coverage poiicy selected by the Employer. 13.4 Effective May 6, 1989, employees shall be eligibie for a paid holiday for Labor Day, the first Monday in September. � � . oo-�3y � ARTICLE 14. SELEC710N OF LEAD ROOFER 14.1 The selection of personnei fior the ciass of posftion of Lead Roofer shall remain solely with the Employer. � 42 The ciass of position ot Lead Roofer shall be filled by empioyees of the bargaining unii on a `Yemporary assignment" 14.3 All �temporary assignments' shail be made oniy at the direction of a designated Employer Supervisor. 14.4 Such "temporary assignmems" shaii be made oniy in cases where the ciass of positions is vacant for more than one (1) normal workday. i � ARTICLE 15. HOLIDAYS 15.1 The following nine �9) days sna!! be designated as unpaid hoHdays (except Labor Day as noted in Article 13.4): New Year's Day Martin Luther King, Jr. Day Presidents' Day Memoriai Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Day Christmas Day January 1 Third Monday In January Third Monday in February Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25. 15.2 When New Yeafs Day, Independence Day or Christmas Day falis on a S�nday, the foliowing Monday shall be considered the designated hotiday. When any of these three (3) hoiidays falis on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The nine (9} holidays shal! be considered non-workdays. 15.4 If, in the judgment of the Employer, personnei are necessary for operating or emergency reasons, employees may be scheduled or "called track" in accordance with Ariicle 10 (Call Back). 15.5 Employees assigned to work on the Day After Thanksgiving, Martin Luther King, Jr. Day, or Presidents' Day shaii be compensated on a straight-time basis for such hours worked. 15.6 Employees assigned to work on New Years Day, Memorial Day, lndependence Day, Labor Day, Thanksgiving Day or Christmas Day sha(( be compensated at the rate of two (2) times the basic hourly rate for such hours worked. 15.7 Empioyees shall receive holiday pay for Labor Day, the first Monday in Septem6er, at the basic hourly rate in accordance with Article 13.4. Labor Day shall be the sole holiday for which the Employer shall provide holiday pay. 15.8 !n order to be eligibie for holiday pay for the Labor Day Hotiday, employees who are on active payroll status preceding and following the Labor Day Holiday shaii receive pay for fhe Labor Day Holiday. i � r ` ao-� 3 y � � ARTICLE 16. DISCIPLINARY PROGEDURES 16.1 The Employer shall have the right to impose disciplinary actions on employees for just cause. 162 Oiscipiinary act+ons by the Employer shal! inciude only the following actions: 16.2.1 Oral reprimand; 16.22 Written reprimand; 16.2.3 Suspension; 16.2.4 Demotion; 16.2.5 Discharge. 16.3 Empioyees who are suspended, demoted or discharged shail retain aii rights under Minn. Stat. § 179A.20, Subd. 4, and thereby shaN have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions of Article 23 (Grievance Procedure). Once an employee or the Union acting in the employee's behali initiates review of an action, that matter shall not be again reviewed in another forum. Oral reprimands shaii not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.2 Employees who are unabie to report for their normai workday have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 17.2 17.3 Failure to make such notification may be grounds for discipiine as provided in Article 16 (Disciplinary Procedures). Failure to report for work without notification for three (3) consecutive normal workdays may be considered a°quiY' by the Employer on the part of the employee. � ART(CLE 18. SENIORITY '! 8.1 For the purpase of this Article the following terms shall be defined as follows: 18.1.1 The term, "Emplaye�' shatl mean independent Schooi District No_ 625, Saint Pauf Public Schools. 18.1.2 The term, °Master Seniority' shalf inean the length of continuous reguiar and probationary service with the Employer from the date an emptoyee was first appointed to any class tifle with the Employer covered by this Agreement. 18.1.3 The term "Ciass Seniorit�l' shaii mean ihe iengih of continuous regutar and probationary service with the Employer irom ihe date an empioyee was first appointed to a position with the Employer in a class tRle covered by this Agreement. This Section 18.1.3 is intended to mean that for any person, no matter what the person's prior experience or how hired by the District, the person's class seniority starts at zero the day of appointment to a Schoof District position in that titie and begins to be calculated from that date. An employee's Class Seniority does not revert to zero following recall trom an Employer inifiated layoff within tfie twenty-four (24)-month recail rights period specified in 18.4. This definition of class seniority woutd be used for alf layoff decisions. 18.2 Seniorify shali not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of tess than thirty (30) catendar days; is granted because of iliness or injury; is granted to allow an employee to accept an appointmeni to the unc(assified service of the Empfoyer or to an elected or appoinied full-time pasition with the Union. 18.3 Seniority shail terminate when an employee retires, resigns or is discharged, i8.4 In the event it is determined by the Empioyer that it is necessary to reduce the workforce, employees will be laid off by class tiUe within each Department based on inverse length of °Class Seniority." Employees laid off by the Empioyer shall have the right to reinstatement in any lower-paid ciass title previousiy held which is covered by this Agreement, provided the empioyee has greater "Class Seniority than the employee being replaced. Recall from layoif shall be in inverse order of layofl, except Yhat recall rights shall expire after iwenty-four (24} months from the last day of work preceding the Iayoff. No other Civil Service recalt rights to this Employer shali appiy. This provision does noi address any rights the employee may have to be recalled to any oiher employer. 18.5 The selection of vacation periods shali be made by ciass titfe based on lengfh of "C(ass Seniorit�' subject to the approval of the Employer. i � - yo Cx� -b3'-( i � C ARTICLE 19. JURISDICTION 79.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of the Empfoyer. 19.2 The Employer agsees to be guided in the assignment of work jurisdiction by any mutuai agreements between the unions involved. 19.3 in the evsnt of a dispute conceming the perEormance or assignment of work, the unions involved and the Employer shafl meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shaii restrict the right of the Employer to accomplish the work as originally assigned pending resolution ot the dispute or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 19.2 and 19.3 above shail be subject to discipiinary action as provided in Articie 16 (Disciplinary Procedures). '19.5 There shafl be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20. SEPARATlON 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the fioilowing actions: 2Q.1.1 20.1.2 20.1.3 Resianation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. Discharqe. As provided in Article 16. Failure to Reoort for Dutv. As provided in Article 17. 202 Employees having a temporary employment status may be terminated at the discretion of the Employer before the completion of a norma4 workday. ARTICLE 21. TOOLS 21.1 Afl employees shall personaliy provide t'�a.mseives with the tools of the trade as listed in Appendix B. 11 ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shall recognize siewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the stewards and of their successors when so named. 22.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shafl iherefore 6e accompiished during working hours onfy when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shail suffer no loss in pay when a grievance is processed during working hours, provided the steward and the empioyee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence wouid not be detrimentai to the work programs of the Employer. 22.3 The procedure established by Yhis Article shall, except as previousty rroted in Article 16 (Disciplinary Procedures), be the sole and exclusive procedure for ihe processing of grievartces, which are defined as an aileged violation of the terms and conditions of this Agreement. 22,4 Grievances shali be resoived in conformance with the foitowing procedure: � Step 1. Upon the occurrence of an aileged viotation of this Agreement, the employee involved shall attempt to resolve ihe matter on an informal basis with the employee's satisfaciion by the i�formai discussion, it may be reduced to writing and referred to Step 2 by tfie Union. The written grievance shal( set fortfi the � nature of the grievance, the facts on which it is based, the aileged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) catendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shal! be considered waived. Step 2. Wifhin seven (7j calendar days after receiving the written grievance, a designated Empioyer Supervisor shail meet with the Union Steward and attempt to resolve the grievance. If, as a resuk of Yhis meeting, the grievance remains unresoived, the Emp(oyer shall reply in writing to the Union within three (3) calendar days foilowing this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar Days following receipt of the EmployePs written answer. Any grievance not referred in writing by the Union within seven (7) calendar days iollowi�g receipt of the Empioyer's answer shali be considered waived. r� � 12 OC�-l� 3y ,� ARTICLE 22. GRIEVANCE PROCEDURE (continued) Step 3. W ithin seven (7) caiendar days following receipt of a grievance reterred from Sfep 2, a designated Employer Supervisor shatt meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) cafendar days foilowing this meeting, the Employer shall repiy in writing to the Union stating the Employer's answer conceming the grievance. if, as a result of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days foilowing receipt of the Empfoyer's answer shall be considered waived. Step 4. If the grievance remains unresoived, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The Arbitration proceedings shalf be conducted by an arbitrator to be selected by mutuat agreement of the Employer and the U�ion within seven (7) caiendar days after notice has been given. If the parties fail to mutualiy agree upon an arbitrator within the said seven (7)-day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shali strike the first (1st) name; the Employer shalf then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. • C 22.5 The arbitrator shall have no right to amend, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue sutrmitted in writing 6y the Employer and the Union artd shall have no authority to make a decision on any other issue not so submitted. The arbitrator shaii be withoui power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law_ The arbitrator's decision sha0 be submitted in writing within thirty (30) days foliowing cfose of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final an binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shali be borne equally by the Employer and the Union, provided that each party shali be responsible for compensating its ow� representative and witnesses. If either party canceis an arbitration hearing or asks for a Iast-minute postponement that leads to the arbitrator's making a charge, the cancefing party or the party asking for the postponement shali pay this charge. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The time fimits in each step ot this procedure may be extended by mutual agreement of the Employer and the Union. 13 ARTICLE 23. RIGHT OF SUBCONTRACT 23.7 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. tn the event that such contracting would result in a reduction of the workforce covered by this Agreement, the Employer shaii give the Union a ninety (90) catendar day notice of the intention to subcontrect. 23.2 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NON-DISCRIMINA710N 24.1 The terms and conditions of this Agreement will be applied to employees equalty without regard to or discrimirtation tor or against any individual 6ecause of race, color, creed, sex, age or because of inembership or non-membership in the Union. 24.2 Employees wiI! perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other emp(oyees and the general public. ARTICLE 25. SEVERABILITY 25.1 in the event thai any provision(s) ot this Agreement is declared io be contrary to !aw by proper legisiative, administrative or judicial authority from whose findings, determination or decree rto appeai is taken, such provision(sj shail be voided. All other provisions shali continue in full force and effect. 25.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legisiative, administrative or judicial determination. ! \J . 74 Do-b3 y S ARTICLE 26. WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposafs with respect to any subject conceming the terms and conditions of empfoyment. The agreements and understandings reached by the parties after the exercise of this right are fully and compVetely set forth in this Agreement. 26.2 Therefore, the Employer and the Union for the duration of this Agreement agree thai the other party shaii not be obiigated to meet and negotiate over any term or condition of employment whether specifically covered or noi spec'rfically covered by this Agreement. The Union and Employer may, however, mutuaily agree to modify any provision of this Agreement. 26.3 Any and ail prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of empfoyment, to the extent they are inconsistent with this Agreement, are hereby superseded. AftTICLE 27. MILEAGE - INDEPENDENT SCHOOL DISTRICT NO, 625 � 27.1 Employees of the SchooV District under policy adopted by the Board oS Education may be reimbursed for the use of their automo6iles for school business. To be eligibie for such reimbursement, empfoyees must receive authorization from the District Mileage Committee utilizing one of the tol4owing plans. PLAN "A" is reimbursed at the current Board of Education rate or 31 ¢ per mile, whichever is more. in add'+tion, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. Another consideration for estabiishing the maximum amount may be the experience of another working in the same or similar position. Under this pfan, it is necessary for the employee to keep a record of each trip made. PLAN "C" provides for reimbursement based on a per month "lump sum" amount. This amount is determined by the employee's driving experience under Pfan "A" for a period of three (3) to six (6) months. Those employees receiving an auto aliowance under this pian must report monthiy the number of days the car was available during the month. A deduction must be made from the lump sum amount for each day the empfoyee is on vacation. A deduction need not be made for an occasionai day of i{Iness or for holiday. � 15 ARTICLE 28. DURATION AND PLEDGE 28.1 This Agreement sfiali become effective as of the date of signing, exeept as spec'rficaiiy provided othervuise in Articies 12 and 13, and shall remain in effect through the 30th day of Apri! 2002, and continue in effect from year to year thereafter untess notice ta 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, ihe party wishing to modify or ferminate the AgreemeM shail give written notice to the other party, not more than ninety (90) or (ess than sixty (60) calendar days prior to the expiration date, provided that the Agreement may oniy be so terminated or modified effective as of the expiration date. 28.3 tn consideration of the terms and conditions of empfoyment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances concerning Rs application or interpretaYion may be peaceiully resolved, the parties hereby piedge that during the term of the Agreement: 28.3.1 The Union and the employees will not engage in, instigate or condone any concerted action in which employees fail to report for duty, wilifully absent themselves from work, stop work, stow down their work or absent themsetves in whole or in part from the fuil, fafthfui performance oi their duties of employmenf. 28.32 The Employer wi!! nof engage in, instigate or condone any lockout of empioyees. 28.3.3 This constiiutes a ientative Agreement between the parties that will be recommended by the school board negotiaior, bui is subject to the approval of the Board of Education and is also subject to ratification by the Union. � . i ,6 00-�3 y � � / ARTICIE 28. DURATION AND PLEDGE (continued) The parties agree and attest by the signature of the fotlowin9 renresentatives for the Empioyer and the Union thaf this represents the full and complete understanding of the parties fos the period of time herein specfied. , WITNESSES: INDEPENDENT SCHOOL DISTRICT NO. 625 UNITED UNION OF ROOFERS, WATERPROOFERS AND ALLfED WORKERS, LOGAL NION NO. 96 � ' �G iX'rl�l l'� usmess anager ����� / �9 9 17 ae APPENDIX A The classes of positions recognized by the Employer as being exciusively represented by the Union are as follows: Roofer Lead Roofer Apprentice - Roofer and other classes of positions that may be estabiished by the Emptoyer where the duties and responsibilities assigned come within the jurisdiction of the Union. � • � iI7 ao- �3 y � APPENDIX B Afi necessary hand tools. i / �: APPENQiX C C1 The total hourly cost to the Employer for wages plus any and ali contributions or deductions stated in Appendix D of this Agreement shall not exceed the following amounts: Roofer Lead Roofer Effective Effective 511/1999 5/1/2000 $30.86 $32.46 $32.61 $34.21 Effective 5/1/2001 ��1 (�) (1) C2 The Yotal taxable houriy rate includ'mg wages and the vacation contribution in Appendix D and excluding al! other benefiY costs and obligations in Appendix D for regular and probationary employees appointed to the following ciasses of positions shall be as follows: Effective 5!Y/1999 Roofer Lead Roofer $22.76 $23.95 Effective Effeciive 5/1/20D0 5N/2001 C2A 7he basic hourly wage rates in fhis Appendix (C2A) are for compensation anaivsis purposes onlv. These figures represent fhe portion of the Appendix C7 rates above specificat(y aUocafed to wages. Tbese rates do NOT include taxable contributions and therefore should NOT be used for taxabie payrolt calcutations. See Appendix C2 above for total faxabie payrolt information. Effective 5/1 H 999 Plumber Lead Plumber $2a.�y $21.90 ��> Note For Appen�ix C1: The parties agree that for the ihird year of this Agreement, there will be a reopener fo discus� wages and benefiis ortly. The May 1, 2007, total hourly cost and �stribution wiil be negotiated at thaf time. ` The May 1, 2f;J0, houdy rates in Appendices C2, C2A and C3 shalt be determined:at a iater date based on ihe ailocation agreed to by the Employer and the Urtion of ihe May 7, 2000, total hourly cost stated in Appendix C7. " 7he May 1, 2D01, hovriy rates in Appendices C2, C2A and C3 shall be detertnined at a later date based on the aAocation agreed to by the Employer and the Uniort of ihe May 1, 2001, total houriy cost determined for ihe third-year wage reopener. Effective Effective Sli/2000 5/1/2001 � � � 2Q oo-ro3 y � APPENDIX C (continued) C3 The totai taxable hourly rate including wages and the vacation contribution in Append� D for temporary empioyees appoir�ted to the following classes of positions shail be: ENective 5J�l1999 Roofer Lead Roofer � $23.94 $25.19 <. If a temporary empfoyee working in a title listed in this Appendix C3 becomes subject to the requirements of the Public Employees Retirement Act (PERA), that thereby requires the Employer to make contributions to PERA, the calculated hourly rate may change so the Empioyer's cost does not exceed the amounts fisted in Appe�dix C1 above. C4 The basic houriy wage rates for the Apprentice class of positions: Aoprentice Percent of Roofer Rate 0 501 700� 1501 2001 2501 300� 3501 4001 4501 5001 5501 - 500 hours ..................................5o% of Roofer rate - y000 nou�s ................_................sz Roofer rate - 15D0 hours ..................................54°/a of Roofer rate - 2000 hours ..................................56% of Roofier rate - 2500 hours ..................................58°/, ofi Roofer rate - 3000 hours ..................................60% of Roofer rate - 3500 hours ..................................65°l0 of Roofer rate - 4000 hours ..................................70% of Roofer rate - 4500 hours ..................................75% of Roofer rate - 5000 hours ..................................80% of Roofer rate - 5500 haurs ..................................85% of Roofer rate - 6000 hours ..................................95°/, of Roofer rate if the Union elects to have the contributions listed in Appendix D increased ar decreased, the Empioyer may adjust the rates in Appendix C, Sections C2 through C4 in such a way that the total cost of the package (wage rate pius contributions) remains constant and does not exceed the amounts shown in Appendix C, Section C7. ' The May t, 2000, hourly rates in Appendices C2, C2A and C3 sha0 be determined at a iater date based � on the atlocation agreed to by the Employer and the Union of the Aprii 26, 1997, total houriy cost stated in Appendix C1. " The May t, 2001, hourly rates in Appendices C2, C2A and C3 shaf� be determined at a fater date based on the allocation agreed to by the Employer and the Union of the May 1, 2001, totai fiourfy cost dstermined for the third-year wage reopener. Effective Effective 5lV2000 5/�/200'I 27 APPENDIX D Effective May 7, 1999, the Empioyer sha(I forward the amounts designated in this Appendix D for employees covered by this Agreemenf to depositories as directed by the Union and agreed to by the Empioyer: �j) (2) (3) (4) (5) (6) $2.05 per hour for all hours worked from which ell appropriate payroll deductions have been made to a Union-designated VacatioNAssessment Fund. $2.90 per hour for ail hours worked to a Union-designated Heafth and Weffare Fund. $1.55 per hour for all hours worked by person in the Roofer titie and $1,80 for ail hours worked by person in the Lead Roofer title to a Union-designated Pension Fund. $2.30 per hour for all hours worked by person in the Roafer titie and $2.55 ior alt hours worked by persons in the Lead Roofer title to a Union-designated Annuity Fund. $.15 per hour for aA hours worked to e Uniorr-designated Aoorenticeship Fund, $.02 per hour for ail hours worked fo a Union-designated LMCC Fund. The Empfoyer shatf make tegal(y-established non-negotiated pension contributions to PERA. Changes in the mandated PERA rate may change the calculated hourly base rate of pay so the empioyer's cost does not exceed the amounts listed in Appendix C7 above. All contributions made in accordance with this Append'uc D shali be deducted from and are not in addition to the amounts shown in Appendix Ci. The Appendix D amourrts shaif be forwarded to depositories as directed by the Union and agreed to by the Emptoyer. The Employer shail establish Workers' Compensation and Unempiayment Compensation programs as required by Minnesota Statutes. Employees covered by this Agreement shall not be eligible for, govemed by or accumulate vacation, sick leave, holiday, funeral leave, jury duty or insurance fringe benefits ihat are or may be estabiished by Personnei Rules Councii Ordinance or Councit Resolutions. The Employe�'s tringe benefii obligation to employees is limited to the contributions and/or deductions established by fhis Agreement. The actual level of benefits provided to employees shail be !he responsibility of the Trustees of the various iunds to which the Employer has fonvarded contributions and/or deductions. � � �� - P.Ya