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277742 WHITE - CITY CLERK COURCII /y����� PINK - FINANCE rT CANARY - DEPARTMENT C I T Y O F S A I N T �� ll L BLUE - MAYOR �� File N 0. Council Resolution � Presented By Referred To Committee: Date Out of Committee By Date An administrative Resolution approving the terms and conditions of the 1981 -1983 Maintenance Labor Agreement between the City of St. Paul and the Bricklayers Local No. 1. WHEREAS, the Council, pursuant to the provisions of Section 12. 09 of � the St. Paul City Charter and the Public Employees Labor Relations Act of ; 1971, as amended, recognizes the Bricklayers Local No. 1, as exclusive representative for those classes of positions within the City of St. Paul certifi�d by the Bureau of Mediation Services under Case No. 73-PR-537-A for the pur-j pose of ineeting and negotiating the terms and conditions of employment for alll full-time personnel in the classes of positions as set forth in the Agreement between the City and the exclusive representatives hereinabove referenced; an� WHEREAS� the City, through designated representatives, and the exclu�ive representatives have met in good faith and negotiated the terms and conditions�of employment for the period May 1, 1981, through April 30, 1984, for such per�onnel as are set forth in the Agreement between the City of St. Paul and the exclusivhe repre sentative s; and WHEREAS, the 1981-1983 Agreement has been reached which include a yvage adjustment retroactive to June 10, 1981, now, therefore, be it ; RESOLVED, that the Maintenance Labor Agreement, cited above, datedlas of the effective date of this Resolution, between the City of St. Paul and the Bric ayers Local No. 1, on file in the office of the City Clerk, is hereby approved, and e authorized administrative officials of the City are hereby authorized and dire ted to execute said Agreement on behalf of the City. ' Approved: r-- � . ` hairma , vil Se ice Commis ion ' COUIVCILMEN Yeas Nays Requestgd by Department of: Hunt � PERSONNEL OFFICE Levine In Favor Maddox � McMahon �� _ __ Against BY — Tedesco Wilson Adopted by Council: Date DEC �, �9�� Form C'ty tt�e � : Certified •sed by ounc� Secre ry � , BY r By _ Approved y : vor. Date 2 19$� Ap o d by Mayor for i �ion to Council By� - — BY PUBUSHED D E C 12 1981 i � ������ . 1981 - 1�$3 MAINTENAIVCE LA:BOR AGREEMENT - - between - TH'r'. CITY OF SAINT PAL;L - and - $RICKLAYERS, MASONS, MAR33LIl�IASO�iS, C�IENT BlOCKLAYERS AIVD TtiCKPOINTERS LOCAL UN:LON P10. 1 � � I ' -� � � : � . . . � . . • � I N D E X ARTICLE TIT'LL PAGE Preamble iii I Purpose Z II Recogniti�n 2 III Employer Rights 3 IV Union Right.s 4 V Scope o.� the Agreement 5 VZ Probationa.ry Periads b VII Philosophy of Employment and Compensation 7 VIII Hou:s ot Work 8 IX Overtiae 9 X Call Back 10 XI i�Tork Location 11 XSl Wages 12 �III Frin�e BeneEits 14 %IV Selection of Foreman and Ganeral Foreman I5 XV' Holidays � _ 16 XVI Disciplinary Procedures 17 XVII Absences From Work 18 �lIII Seniority 19 XIX Jurisdic�ion 20 %X S�paration 21 �X:i Tools 22 XXII Grievance Procedure 23 XXIII Right of Subcontr::.ct 28 XXIV Non Discr�.�inatio,. 29 X7E� Severability 30 �I Waiver 31 XXVIi City Mileage Plan 32 gRVIII Durat::.on and Pledge 33 App�ndix A A1 Agpe�dix B B1 AFPend3� C C1 :�Pendix D D1 ' i - ti - � . . �►�,�►��� P R E A M B L E Thzs AGREEMENT is entered into between the City of Saint Paul, hereinaf ter ref erred to as the EMPLOYER and the Bricklayers and Stone .Ma;sons � Union No. 1 hereinaf ter referred to as the UNION. The EMPLOYER and the tiNION concur tha.t thi� AGREEMENT Iias as its objective the pramotion of the responsibilities of the Citp of Saint Paul for the benef it of the general public through effective labar management caoparation. The EMPLOYER and the UNION both rea.lize that this goal depends not only on the words in the AGREEM�?3T but rather primarily on attitudes between paople at all levels of responsability. Constructive attitudes of the EMPLOYER, the UNION, and the individu�l employees will best serve the r.eeds of the ganeral public. � i - iii - I � ; ; � ARTICLE I - PURPOSE 1.1 The EMPLOYER and the UNION agree that the purpose for entering into thi.s. AGREEMENT is to: 1.11 Achieve orderly and peacef.ul relations, thereby establishing a. system of uninterr�spted operations and the highest level of : employee performance that is consistent with the safety and wail-being of al1 concerned; � 1.12 Set forth rates of pay, hours of work, and other conditions of employment as ha.ve been agreed upon by the Et�iPLOYER and the UNION; :1.13 Establish procedures to orderl.y and peacefully resolve disputes as ta the application or interpretation of this AGREEMENT without lnss of manpo�- :r productivity. 1.2 T� F1viPL0YER and the UNION agree that this AGREEMENT serves as a supglement to legislation that creates and directs the E�IPLOYER. If any part of this AGREEMENT is in conflict with such legislation, the latter s�:all prevail. The .parties, on written notice, agree to negotiate that p�rt in conflict so that it conforms to the statute as provided by �r�s.�iQ 2s (SEVERABILITY) . � _ j _ ; i ; I I � ; �� ARTICLE II - RECOGNITION 2.1 The EMPLOYER recogr.ize4 the UNION as the exclusive representaCive for collective bargaining purposes for ali persannel having an employment status of regular, probationa.ry, provisional, temporary, and emerg�ney employed in the classes of positions def ined in 2.2 as certified by the Bureau o€ Mediation Services in accordance with Case No. 73-PR-537-A . dated June 4, I973. 2.2 The classes of positions recognized as being exclusive:Ly represented by the UNION are as listed in Appendix A. i � I � � i I � � - 2 - I ; . : . ���°��,� ARTICLE III - EMPLOYER RIGHTS 3.1 Th� EME'LOYER retains the right to operate and maiza.ge all nanpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, @irect, snd determine the number of personnel; and to perform any inhereut taanagerial func�ion not specifically limited by this AGRE�IENT. 3.2 Aay "term or condition of employment" not established 'oy this AGREEMII�TT s:hall r�ain with the EMPLOYER to eii.minate, modify, or establish €ollowing written notification to the UNION. i _ � _ 3 - � ��''�'��'? . • ARTICLE IV - UNION RIGHTS 4.1 The EMPLOYER sha11 de�iuct fro� the wages of employees who authorize such a deduction in writing an aicount necessary to cover monthly UNION dues. Such monies deducted shall be remitted as directed by the UNION. 4.11 The EMPLOYER shall not deduct dues fror� the wages of e�:ployees covered by th.�s AGREEMENT for any other labor organization. 4.12 The UNION shall indemnify and save harmless the II�iPLOYER fram any and all claims or charges made against the EMPLOYER as a resu3.t of ' the implementation of this ARTICLE. 4.2 The UNION may designate one (1) employee from the bargaining ux�.i.L to acC as a Steward and shall inform the IIrIPLOYER in writing of such designation. Such employee shall have the right and rasp.onsibilities as designated in Article 22 (GRiEVANCE PROCEDURE) . . 4.3 UpQn natification to a designated IIyIPLOYER supervisor, the Business Manager of .the UNION, or his designated representative shall be permit�ed to enter the facilities o£ the II�LOYER where employees covered by this AGREEMENT are working. � , , i - 4 = i� .... _. . . �..-�_..._.n. .._ r ..... _.__ ._ . __ _� _ _ _ . ... __ � _. ._.. .. . �'il:?'ZCLE V - SCOPE OF THE AGREII�IENT ' 5.1 This AGREIIvIENT established the "ter�s and conditions or e�gla�ent" defined by M. S. 179.63, Subdivision 18 for aIl e�ployees exclusively represented by the UNION. This A�REEMENT shall supersede such "terms an�'. conditions of employment" established by Civil Service Rule, y Council Ordina.nce and Council Resoluti�n. _ 5 _ ; ; . . ������ ARTICLE VI - PROBATIONAP.Y PERIODS 6.1 A11 personnel, originally hired or rehired following separation, in a ' regular �nployment status shall serve a six (6) month's probationary I i period durin� which ti.me the employee's fitness and ability to perform ' the class of positions' duties and responsibilities shall be �valuated. 6.11 At any time during the probationary period an empZoyee may be terminated at the discretion of the EMPLOYER wi.thout appeal to tha provisions of Article 22 (GRIEVANCE Pk�CEDURE) . 6.I2 An employee terminated during the probdtionarp period sha11 receive a written notice of the reason(s� for such terminatian, a copy of which sha11 be s.ent to the iTNION. 6.2 All gersonne.� promoted to a higher class of positions sha11 serve a six' (6� months' praazotional probationary period during which tiae the , employee's fitnes� and ability ta perform the class of positions' d;�ties and respoz��ibilities shall be evaluated. 6,21 At any time during the promotianal probationary period an employee �ay b+e demaC� > rc► Cha e±�ployee's previously held class of �itions at the discretion of the F,MPLOYER withaut appeal to the pr!ovisions of Art�cle 22 (GRIEVANCE PROCIDURE) . � 6.2.2 Atz emploqee demoted during the pron:otiorial probationarq period ah�l be returned to the employee's previ.ousZy held class of pc3sitionr and shall receive a written notice of .the reasons for d+e�motion, a copy of which shall be sent to th, UrTION. � � - 6 - 'i . �. � �°�"�`��� ARTICLE VII - PHILOSUPKY OF II�IPLOYMENT AND COMPENSATICN 7.1 The EhfPLOYER and the UNION are in fuli agreement that the philosophy o€ employment and compensation shall be a "cash" hourly wage and "industry" fringe benefit system. 7.2 The EMPLOYER shall comgensate employees for all hours worked at `the basic hourly. wage rate and hourly fringe benefit rate as found in Articles I2 (WAGES) and 13 (FRINGE BENEFITS) . 7.3 No other compensation or fringe benef it shall be accumulated or earned by ar� emplo�ee except as specifically provided for in this AGREEM�IT; except those employees who ha.ve individually optioned to ba "grandfathered" as provided by 12.2, - 7 - j I ; ; I . . ������ AF.TICLE VIII - HOURS OF WORK 8.1 The normal �aork day sha'1 be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7 :00 a.ra. and 5:30 p.m. E.2 The normal.work week shall be five (5) consecutive normal work days l�onday through Frida�. � 8.3 If, during the term of this AGREEMENT, it is necessary in tnz �SPLOYER'S �udgment to establish second and third shif ts or a work week of other than Monday through Friday, the UNION agrees to enter into negotiations immediately to establish the conditions af such shif ts a�nd/or work weeks. 8.4 This section sha�Z not be construed as, and is not a guarantee of, any Ysours of work per normal work day or per normal work week. 8.5 Ali employees shali be at the Iocation designated by their supervisor, �eady for work, at the established starting tirz and shall remain at an assigned work location until the end of the �established work day unless o�herwi.se dire�ted by their supervisor. . S.b Al1 emp�oyee: are sub�ect to call-ba�.k by the EMPLOYER as provided by Art�cle 10 (,CALL BACK) . $.7 F�nployees repor.ting foz work at the established starting time and for : �ac� no .work is available sha]? receive pay for two {2) hours, at the basic hau�?y rate, unl,ess notifir��tion has been given not to report for wor�. prior to leaving home, or during the previous work day. _ 8 - ARTICLE IX - OVERTIME : 9.1 A11 overtime compensated for by the EMPLOYER must receive prior a�:tthorization from a designated EMPLOYER supervisor. No overtime work cZairs will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown an the tim:e card, unless the required advance approval has been obtai.ned. 9.2 The overtime rate of one and one-half (l�g) the basic hourly rate sha2T be paid for work performed under the following circumstances: 9.21 Time worked in excess of eight (8.) hours in any one norm�.i wark day, and 9.22 Time worked on a sixth (6th) day following a nori. l work week. 9.3 The overtime rate of two (2) times the basic hourly rate sha11 be paf.d for work performPC! under the following circumstances: 9.31 Time worked on a holiday as defined in Article 15 (HOLIDAYS}; 9.32 Time worked on a seventh (7th) day foliowiizg a normal work week; and 9.33 Time worked in e�ccess of tFrelve (12) consecutive hours in a twenty-f�ur (24) hour period, provided, that all "emergeacy" wark required by "Acts of God" shall be compensated at the rate of one and one-half (1'�) . ; 9.4 For tha purposes of calculatinb overtime compens3tion overtime bours worked shall nct be "pyramided", compounded, or paid twice for the same t±ours worked. 9.5 Overtime hours worked as provided by this ARTICLE shall be paid ir. cash. - 9 - i � � ARTICLE X - CALL BACK 10.1 The EMPLOYER retains the right to call back eMployees before an emplayee �as started a normal work day or nornial work week ar.d after an emgloyee has completec a normal work day or normal work week. I0.2 Employees called Uack shall receive a mini�um of four (4) hour� pay at �he basic hourly rate. ' 2Q.3 The hours worked based on a call-back shall be compensated in accordance with Artic].e 9 (OVERTIME) , when applicable, and subject to the ninim�mm established by 10.2 above. 1�.4 Fm�loyees called back four (4) hours or less prior to their nor�al. work day shall complete the norr.zal work day and be compensated only for the overtime hours woxked in accordance with Article 9 (OVERTIME) . � 10 _ j , i ; _ � � ��'���� ARTICLE Xl - WORK LOCATION 11.1 Employeea shall report to work location as assigned by a design�ted -- EMPLOYER supervisor. During the normal. work day employees may be assigned to other work locations at the discretion of the EMPLOYER. , 1I.2 Employees assigned to work locations during the nvrm.al c�ork day, uther than th��ir original assig�ent, ar�d who are required tq furnish their own transportation shaZl be compensated for miZeage. � ; � - 11 -• � ARTICLE X"'.:I - kTAGES 12.1 The basic hourly wage rat�s as established by Appendix C shall be paid for ail hours worked by an employea. . 12.2 Employees who are covered by the fringe ben�fits listed below shall continue to be covered by such benefits. T'hey shall be subject to aIl other pxovisio�.s of the AGREIIKENT, but shall not have hourly fringe b�nefit contributions and/or deductions made on their behalf as provided �or by ARTICLE 13 (FRINGE BENEFITS) . �.2.21 Insurance benefits as established by City of Saint Paul Resolutions including life, hospital and health insuranee €ar early retirees who have retired sjzce May 8, 1978. In order to be eligible for the health benef its under the early retiree provision, the ecnployes must: I2.21.1. Be receiving benefits f�om a public employee retirement act at the time of retirement. 12.�1.2 H.ave severed his relationship with the City of Saint Paul under one of the early retiree plans. ��.21.3 Inform the Personnel 4ffice af the City of Saint Paul in writing wi.thin 60 days of empl.oqee's ea.rly retirement date that he or she wishes to be eligible for early retirea insurance benefits. 12,22 Sick leave as est:zbl�'shed by Civi1 Service Rules, Section 2Q. i,�.,.23 va�ation as establish�d by the Sa3nt Paul Salary Plan and Rates o.f Compensation, Section T, Subdivision H. - 12 - � �� � ���'�°��� ARTICLE XII - WAGES (continued) 12.24 Nine (9) legal holidays as established by the Saint FauJ. , Salary Plan and Rates of Comgensation, Section I, Subdivision I. , 12.25 Severance benefits as established by Ordinan,ce No. 1I490 with a maximum payment of $4,000. 12.3 Regular employees not covered by the fringe henef its listed in Articl,e 12.2 shall be considerad, fox the purposes of this AGREEMENT,, partici- pating employees and sh�l.l be compensated in accordance with_Arti�le 12.I (WAGES) and have fringe benef it contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.4 Pt >visional, temporary and emerge�cy employees shall be cons�dered, for the purposes of this AGREF�IENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made in their behalf as ' provided for by Article 13 {FRINGE BENEFITS) . 12.5 AJ.1 regular employees employed af ter February 15, I974, sha.11 be considered, for the pu��ose of this AGREEMENT, participating e���oyees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf . s provided for by Article 13 (FRINGE BENEFiTS) . - 13 - � 'i ' ____. __._.._.._.__._._._ _._.__. _ ________ _._.__.. _____. .___:_.:_. . _ . . __.; . _.----.-.__. ARTICLE XIiI - FRINGE BENEFTTS 13.1 The EMPLOYER s�iall make contributions on behalf of and/or make deductions from the wages of employees covered by this AGREEMENT in accordance with Appendix D for all hours worked. - 14 - ; ', ARTICLE XIV - SELECTION OF FORE�'IAN AND GENERAL FORY�1fAlAiV 14.1 The selection of personnel for the class of position of Fvrema� shall remain solely o�ith the E�IPLOYER. 14.2 The class of position of For�man shall be filled. by employees of the � bargainin.g unit on a "temporary assigument". 14.3 All "temporary assigrnnents" shall be made orLly at the directioa of a designa.ted II�fPLOYER supervisor. 14.4 Such "t�porary assig�ents" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day. - 15 - i : I i ' ARTICLE XV - HOLIDAYS 15.1 The following nine (9) days shall be designated as holidays: New Year's Da�, January 1 Presidents' Day, Third Monday in February riemorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September . Colur�bus Day, second Monday in October ' Veterans' Day, November 11 Thanks$iving Day, fourth Thursday in November Christmas Day, December 25 15.2 When New Year�s Day, Independ�nce Day or Christmas Day fall.s on a Sunday, the following Monday shall be considered the designated � I�:oliday. WhEn arry of these three (3) holidays falls on. a Saturday, the �reeed#.ng Friday shall be considered the designated htaliday. 15.3 The nine (9) holidays shall be considered non work days. - �'S.k I£, in the 3udg�,.ent of the EMPLOYER, personnel are necessary for apQrating or emergenr-* reasons, employees may be scheduled or "called �ack" i�. accordance with Article 10 (CALL BACK) . 15,5 E�p'�ye�s working on a designated holiday sha11 be compknsated at the �.te of two (�� times the basic hourly rate for all hours worked. I - 16 - i � � � � � � � � � � ���� ARTICLE XVI - DISCIPLINARY P�s.:)CEDURES 16.1 The E�iiPLOYER shall have the ri;ht to i.mpose disciplinary aetions on employees for just cause. 16.2 Disciplina.ry actions by the EMPLOYER shall incZude only the following actions: 1b.21 Oral reprimand. 16.22 Written regrimand. 1b.23 Suspension. 16.24 Demotion. 16.25 Discharge. 16.3 Employees who are suspended, demoted, or discharged. shall have the right to request that such actions be reviewed by the Civil Servi�e Commission or a designated Board �f Review. The Civil Service Commiss�Lon, or a designa.ted Board or Review, shall be the sole and exclusive means of reviewing a suspension, demction, or dischar.ge. I�o appeal of a suspension, demotion, or discharge shall be considered a "grievance"' for the purpose of processing through the provisions of Article 22 (GRIEVANCE PROCIDURE) . , ; ; - 17 - I � i � ; AR.TICLE XVII - ABSENCES FROM WORK 17.1 Employe�s who are unable to report for their normal work day have the responsz;��ility to notify their supe�.�isor of such abser.ce as soon as possible, but in no evenr later th��n the beginning of such work c3ay. 17.2 Failure to make such notification may be ground for discipline as grovided in Art�cle lb {DISCIPLINARY PROCEDU:�tES) . : � I7.3 Failure to report for work without notification for three (3) cansecuti�ve normal work days may be considered a "quit" by the �IPLOYER o� the part of the employee. � - 18 - � � � � l 7 7�� ARTICLE �VIII - SENIORITY 18.1 Seniority, for the purpose of t�.is AGREEMENT, shall be def ined as follows: 18.11 "Master Seniority" - the length of continuous regular and probationary service with the F.MPLOYER from the ' last date of employment in any and �11 class titles • . covered by this AGREEMENT. 18.12 "Class Seniority" - The length of continuous regular and probationary service with the EMPLOYER from tr+� date an employee was first appointed to a class title covered by this AGREEMENT. 18.2 Seniority shall not accumulate during an unpaid ieave of 8bsence� except when such a leave is granted for a period of Iess than thirtx (30) calendar days; is granted because of illness or injury; is grantect to allow an employee to accept an appoinLx�.ent to the unclae-3ified. service of the EMPL�YIIt �r to an elected or appointed full-time , position with the UNION. 18.3 Seniority shall termina.te when an employee retires, resigns, or is discharged. 18.4 In the event it is determinad by the EMPLOY�R that it is necessary to reduce the work force employees will be laid off by class title within ,' each Depaz��ent based on inverse length of "Cl.ass Seniority". Employee�s laid off shall have tha right to reinstatement in any lower-paid class : title, prav:,ded., employee has greatex "Master Senioritg" �than the ' employ�e being replaced. 18.5 The select� �n of vacation periods shall be made by class titZe based o� length of "Class Seniority", subject to the approval of the II+SPLOYER. � C - 19 - : ARTICLE XIX - JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject to determination by the various unions representing employees of the F�IPL�YER. 19.2 The EMPLOYER agrees to be guided in the assigrunent of work jurisdiction by mutual agreements between the unioas involved. � �9.3 In the event of a dispute concerning the performance or assignment of trork,. the unions involved and the EMPLOYER shall meet as soon as mutually �ossible to resolve the dispste. Nothing in the foregoing shall restrict ; the right of the F�IPLOYER to accomplish the work as originally assigned ��nding resolution of tha dispute or to restri�t the E1+�''LOYER'S �a sic �-ight to assign work. 19.4 A�r e�aployee refusing to perform work assigned by the EMPLOYER and as c3arif"ied by �Section i9.2 and 19.3 above sha11 be subject to disciplinary ac.tian as pravided in Article 16 (DISCIPLINARY PROCIDURES) . 19.5 There shall be no work stoppage, slow down, or ang disruption flf work �eseul.ti,ng from a work assigrmient. - 2U - , . . . �'.�"����► ARTICLE XX - SEPARATION 20.1 Employees having a probationa.ry Ur regular employ�eent status sha11 be considered sep�:�.�ated from emplo;�ent based on the followi.ng actions: 2('.11 Resignation. Employees resignir.g from employment shall give written notice fourteen (14) calendar days prior to tha effective date of the resignation. 20.12 Dischargi . As provided in Article 16, . 20.13 Failu�e Co Re�orr for. Duty. As provided in Article 17. �4.2 Emploqees having an emerg�ncy,� temporary, or provisional emglopment status may be terminated at the discretion of the ENEPLOYER before the ccsmgletion of a nora�al work day. I � i � I i � - 21 - I . � � �`�7'��� ARTICLE XXII - GRIEVANCE PROCEDURE 22.1 The EMPLOYER shall recognize Stewards selected in accordance with tJNION rules and regulations as the grievancs representative of the bargaining t�nit. The LTIION shall notify the EMPLOYER in writing of the names of �he Stewards and of Lheir successors wnen so named. 72.2 It is recognized and accepted by the EMPLOYER and the UNION that the ' . grocessing of grievances as hereinafter provided is limited by the job ctuti.es and responsibilities of the employees and shall therefore be ayecomplished during working hours only when consistent with such �loyee duties and respons�.bilities. Tha St�ward involved and a �ieving employea shal� suffer no loss in pay when a grievance is grocess:ed during workizg hours, provided, t�ie Steward and the employee �eve notif ied 4nd received �he approval of their supervis� r to be asbsent to process a grievance and that �such absence would not ba c�etrimantal to the work programs of the EMPLOXER. Z2,3 The procedure established by this ARTICLE shali be the so�e and ,�ccTusive procedure, except for the appeal of disciplinarp action as �.ovided by 16.3,. for the processing of grievances, whieh are def ined ` sr� an alleged violation of the terms and conditions of this AGREII�iENT. _ 23 _ ' • . ARTICLE XXII - GRIEVANCE PROCEDURE (continued) ' 22.4 Grievances shall be resolved in confor�ance with the foliowing procedure: Step 1. Upon the occurrence of an alleged violation of this AGREEMENT, the employee involved shall attempt to resolve tT�e matter o� an informal basis with the employee's supervisor. If the matter is not resolved to the e�ployee's satisfaction by the informal discussion it may be reduced to writ3ng and referred to Step 2 by the UNION. The written griev�nce sfiakl set forth the nature of the grievance, the facts on which it , is based, the alleged section(s) of the AGRE��TT violateds and the relief requested. Any alleged violatian af the AGREEMrSdT not reduced ta writing by the U1`IION within seven (7) calendar days of the first occurrence of tha event giving rise to the gri�vai.ce or w�thin the use of reasQnable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be consic�ered waived. Step 2. Within seven (7� calendar days af ter receiving the written gri4_:vance a designated Employer Supervisor shal.l meet with the Union Steward and attempt to resolve the griavance. If, as a resul* of this meeting, the grievance remains unresolved, � the EMPLOYER shall reply in writing to the UNIOV within three (3) calendar days following this meeting. The UNION may refer the gri�vance in writing to Step 3 within seven (7) calendar days followi.ng rece3p� of the EMPLOYER'S written ' answer. Any grievance not referred in writing by the UNION ! within seven (7) calendar days following receipt of the EMPL�YER'S answer sha11 be considered waived. ' - 24 - .� ������ � ARTICLE XXII - GRIEVANC;? PROCEDUIZE (continued) Step 3. Within seven (7) cal.zndar days following receipt of a grievance ref erred from Step 2 a designated EMPLOYER Supervisor shall meet with the Union Business Mana.ger or his designatad represer�tative �.nd attempt to resolve the grievance. Within seven (7) calendar days following this meeting the II�iPLOYER shall reply in writing to the UNION stating the EMPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the Uiv'ION may refer the grievance to Step 4. Any grievance not referred to in writing by the UNION to Step 4 within seven (7) calendar days following re�eipt of the E1��LOYEIt'S answer sha11 be considered waived. 5tep 4. If the grievance remains.uriresolved, the UNION may o�ithin sevex� (7) Calendar days after the response of the IIKPLOYFR in Step 3, by written notice to the IIKPLOYER, request �rbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrat�r to be selected by mutuai �tgre�ment. of the EMPLOYER and the UNION within seven (7) eslendar days after notice has been given. If the parties fa3l �;� mutually agree upon an arbitrator within the said seyrezx (7� day par�tod, either party may request the Public � Eaaployment Re]..atioTs Board to submit a panel of five (5) ��itrat�rs. Both th�. EMPLDYER and the UZ3ION shall have the rig,ht to strik� two {2� names from the panel. The UNION sha?.1 ' atr�ke the fi.:-�t .(lst�, name; the IIKPLOYER shall then strike ct�e (1�. name. �e process will be repeated and the remainizsg �, � person shall be the arhitrataz. . � ; - ZS _ I : . ���'���� ARTICLE XXII - GRIEVANCE PROCEDURE (continued) 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEI�IENT. The arbitrator shall consider and decide only the specif ic issu� sub�iLt_ed. : in writing by the EMPL�YER and the UNION and shall have no a.utharity to make a decisi,an on any other issue not so submitted. The arbitrator shall be without power to maks decisions contrary to or inconsistent with or modifying or varying in any way the applicatiQa of laws, rul�s or regulations having the force and effect of law. The arbitratarrs decision shall be submitted. in writing within thirty (30) days following close of the hearing or the submission of brief:� by the parties, whichever be later, unless the parties agree to an extension. The decision sha11 be based solely on the arbitrator's .ir.tergretation or application of the express terms of this AGREEME�TT and to the facts ; of the grievance presented. The decision of the arbitrator shalZ be f inal and binding on th� IIKPL03.'Ex, the UNION and the employees. , 22.6 The f ees and expenses for the arbitratox's services and proceedings sha11 be borne equaily by the EMPLOYER and the UNION, provided that eac� party shali be responsib2e for compensating its awn regresentative and witnesses. If either garty desires a verbatim record of the proceedings, it may cause such a record to be made providing �t pays for the record. 23.7 The time limits in each step of this procedure may be extended by mutual agreement of the I�i'PZOYER and the UNION. , i � - 26 - . ; . ������ ARTICLE XXIII - RIGHT OF SUBCONTRACT 23.1 The Etii1PL0YER may, at any ti.me during tre duration of this AGREEriENT, contract out work done by the employees covered by this AGREEMENT. In the event that such contracting would result in a reduction of the work force covered by this AGREEMENT, the E�IPLOYER shall give the UNION a ninety (90) calendar day notice of the intention to sub-contract. . 23.2 The sub-contracting of work. done by the employees covered by this QGREEMEN� sha�.l in all cases be made only to employers who qualify in �ccordance with Ordinance No. 14013. - �7 - . . �� � � � 7 �-�_ ARTICLE XXIV - Iv'ON-DISCKIMIIvATION 24.1 The terms and conditions of this AGREENIINT will be applied tc employees equally without regard to, or discrimination for or against, any individual because af race, color, creed, sex, age, or because of � membership or non-membership in the UNION. _ 24.2 Employees will perform their duties and responsibil�ities in a non�discriminatory nanner as such duties and respan: ibiiities involve other employees and the general public. I - 28 - ____ ARTICLE XXV - SEVEP.ABILITY 25.1 In the event that any provis�.on(s) of this AGREEMENT is decL�;ed to be , contrary tc, 1aw by proper legislative, administrative, or �udicial authority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voidad. All other provisions shall continue in full force an3 effect. 25.2 The parties agree to, upon written notice� enter into negotiations to glace the voided provisions of the AGR�:FMENT in compliance with the ' l�gislative, administrative, or 3udicial determination. . -- 29 - , , , �� � ������� ARTiCLE XXVI - WAIVER • 2b.I The II�IPLOYER and the tI�VION acknowledge that during the meeting an� r.egotiating which resulted in th3,s AGREEMENi, each '�ad the right and opportunity to make proposals with respect ta any subject concerning the terms and conditions of employment. The agreements and � understandings rea.ched by the parties after the exercise caf this right are fully and completely set forth in this AGREEMENT. 26.2 Therefore, the EMPLOYER and the UNION for the duration of this AGRE�TT agree that the other party sha.Ii not be obligated to mee� and negotiate over anq term or conditions of employment whether specifica�.?y cavered ' : or -not specif ically covered by this AGREEMENT. The UNION and II�Z4YER may, however, mutually agree to modify any pr4vjsion af this AGREII�iENT. 26.3 Any and all prior ordinances, agreements, resoiutions, practices, policies, and rules or regulations regarding the terms and condit3ons of e.�ployment, to the extent they are incvnsistent wi.th this AGREII�'IEI�T, are hereby superseded. - 3p _ . �� ��'���� ' � ARTICLE XXVII - GITY MILEAGE 27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 af the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and eraployees for the u�e of their aw�n automobiles in the performance of their duties, the following provisions are adogted. 27.2 riethod of Computation: To be eligible for such reinbursement, alI officers and employses must receive writter. authorizati.on from the Department Head. �,'qPe I. If an employee is required to use his/her o�an automobile OCCASIONALLY durir� employment, the e�-�loyee shall ba reimbursed at the rate of $3.00 per day for each dal the employeets nehicle is � actually used in performing the duties of the employee's position. In addition, the employee shall be reimbursed 15� per nile for each �ile actual�� driven. . If such employee is required to drive an automobile during employment and the departme�t head or designated representative determines that an a�.ployer vehi.cle is available for the employea's use but the employee desires to use his�her own automobile, then tha employee shall be reim- hursed at the rate of 15� per iriile driven and shall not be eli�ible for any per diem. Type 2. If an employee is requi.red to use his/her own automabile REGULARLY during employment, the employee shall be reimbursed at the r�te of $3.00 per day for each day of work. In addition, the enployee a�ia.Il be reimbursed 15� per mile for each mile actually driven, Lf such employee is required to drive an automobil� during emplayment �d the department head or designated representative determines that �n �mployer vehicle is �.vailaole for the employee's uss but the employee ' ��sires ta use his/h+er own autamobile, then the employee shalZ be reim- �rsed at the rate of 15� per mile driven and shall not be eligible for . �,y per diem. . �7.3 The City will provide parking at the Civic Center Parking Ramp for City �loqees on either of the above nentioned types of rei.mburser�ertt plans w�io are required ta have their persf aa.l car available for City business. �ch parki: o will be prpvided only fox th-� days the employee is required to E�ve hi� i�r hQr own persona.l car available. �7.4 Rules and Regulacions: The Mayor shall adopt rules and regulations �+�verning the pzocedures for. automobile reimbursemeat, which regulatians ' � rnles s�.a.11 contain the requirement that recipients shall file daily reports indicating miles dziven and shall. file monthly affidavits stating t� number of days worked and the number of miles d�iven, and turther ��quire that they maintain automobile liability insurance in amounts af �t less tlian $100,000j$30�,000 for personal in�ury, and $25,000 for p��opertg damage, or liability insurance in amounts �not less than $300,000 s:in�le limit coverage, with the City of Saint Paui nanfed as an additional , insured. Tlzese� �ia1� and regulat�ons, together witli the ainendment thereta, �11 be maintain�� on f� Le with t��a city clerk. - 31 - . . , . � � 7 � `� �� ARTICLE XXVIII - DURATION AIQD PLEDGE 28.1 This AGREEMENT s�iall become effective as of the date of signing, except as specifically provided otherwis� in Articles 12 and 13, and shall remain in effect through the 30th day of April, 1984, and conzi�ue in effect from year to year thereafter unless notice to change or to � terminate is given in the manner provided in 28.2. 28.2 If either garty desires to terminate or modify tY�,is AGREEME�TT, effective as of the date of expiration, the party wishing to modify or terminate the AGREEMENT shal�. give written notice to the other party, not more than ninety (90) or less than sixty (b0) calendar days prior to the expiration date, provided, that the AGR�EMENT may or.ly be so �ermin�ted or modified effective as of the expiration date. 28.3 In consideration of the terms and conditions of employment estab7.ished by this ACREEMFa�TT and the recognition that the GRiF.VANCE PROGEDUItE : herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the AGRF�EMIIl�T. 28.31 The UNION and the employees will not engage in, instigate, or condone any concerted action in which er,cployees fail to re�csrt for duty, willfully atisent the�.�;�lves from work, stop work, slow dowu their work, or absent themselves in w;iale or part from the full, faithful performance of their duties of employment. 2a.32 The F�IPLOYER will not engage in, instigate, or condone any Iock-qut of employees. - 32 - ARTICLE XXVIII - DUP.ATION P.ND PLEDGE (continued) 28.33 This constitutes a tentative agreement between the parties which will be recor:�mended by the City Negotiator, but is subject to the approval of the Administration of the City, and .is also subject to ratification by the UNION. AGREED to this 23rd day of October, 1981, and attested to as the full and comglete understanding of the parties for the period of time herein specified by the signature of the following representative for the II°IPLOYER and the UNION. GiITIvESSES: CITY OF SAINT PAL'L BRICKLAYERS, MASONS, MARbLE�1ASONS, CEPIENT BLOCKLAYERS AND �tJCKPOINTERS LOCAL N0. 1 .:`� -� �� `° ^ n '' j �f � � � ..,- . ,. . �j� �- �'� .�-! ..�'`� �i��jvLl.�U"' '�' -.C��1 -• La or Relations ec.t r Business P�4anager �' Civil Service Comm.ission - 33 - - � � ������ A�PENDIX A The classes of positions recognized by the �iPLOYER as being e�clusively represented by tha UNI�N are as follows: Bricklayer Stone Mason ` Apprentice Masonry Inspector and other classes of positions that may ba established by the Il�II'LQYER �ahere the duties and responsibilities assigned comes within the jurisdiction of the UNZON. -• A1 - . ' . . �'����� APPEIv'DIX C (continued) - ��This rate includes the taYable vacation contribution of $ .80. **The t�1ay 1, 1982, and April 30, 1983, temporary �,�age rates in this contract �aill be the average of the temporary rate used by the City for Carpenter Foreman, Electrician Foreman, Sheet t4etal Worker Foreman, Pluriber Foreman and Plasterer Foreman on riay 1, 1982 and April 30, 1983, respectively. � The provisiona.l and regular rates shall be the temporary rates divided by l.CJ4. ***The May 1, 1982, and April 30, 1983, hourly wage rates in this contract will be the rates as shown below less the cost of sick leave usage for 1981 and 1982 respectively, and less the cost of vacation, holidays and pension for 1952 and 1983 respectively and less the cost of health and life insurance for the periods rt�y, 1981 thru April, 1°82 and May, I982 thru t�pril, 1983, respectively incurred by the employer for employees in this bargaining unit. ' Effective Effective 5-01-82 4-30-83 Bricklayer $17.72 $19.57 Bricklayer Foreman $18.87 $20.72 Masonry Inspector ria.y l, 1982 average and April 30, 1983 average of the total packa.ge rates used by the City for Carpenter Foreman, Electrician Foreman, Sheet Metal Glorkex . Foreman, Plumber Foreman and Plasterer Foreman. If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the above applicable rates for partici- pating etnployees in such a way that the total cost of the package (wage rate plus contributions) remains constant. - C2 - � APPENDIX D ������ Effective June 10, 1981, the ENIPLOYER snall: (1) contribute $ .655 per hour for al1 hours worked by particigating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREII�IENT, to a UNION designated Health and Welfare Fund. Eff ective July 1, 1981, this contribution shall becor�e $ .86 per hour. Effective May l, 1982, this contribution shall become S .96 per hour. Effective �1ay 1, 1983, this contribution shall become $1.16 per hour. (2) contribute $ .93 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a Pension Fund. Eff ective May 1, 1982, this - contribution shall become $1.23 per hour. Effective May 1, 1983, this contribution shall become $1.53 per hour. (3) contribute $ .80 per hour from which payroll deduction has been made for all hours worked by participating employees as def ined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a Vacation Fund. Effective May 1, 1982, this cor.tribution shall become $ .90 per hour. Effective riay 1, 1983, this contribution shall become $1.00 per hour. All cantributions made in accordance with this Appendix shall be forwarded to depositories as directed by the Union. The F,MPLOYER shall establish Worker's Compensation and Unemployment Compensation programs as required by P�innesota Statutes. Participating employees as def ined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, shall not be eligible for, governed by, or accumulate vacation, sick leave, holiday, fun.eral leave, j�sry duty, or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance, or Council Resolutions. The EMPLOYER'S fringe benef it obligation to participating employees as defined in Articles 12.3, 12.4 and 12.5 is limited to the contributions and/or deductians established by this AGREEMIIVT. The actual level of benefits provided to I employees shall be the responsibility of the Trustees of the various funds to � ��hich the II�IPLOYER Ha.s forwarded contributions and/or deductions. 'I - D1 - �3o rn�t detauh this memorandum from the F �Yj � �� gl - a03 reso3utian so that this information wilf be aa�i?abie to the City Council. � � , � EXPLANATION OF ADMINISTRATIVE ORDERS, RESOLUTIONS, AND ORDINANCES Date: October 28, I981 ` T0: MAYOR GEORGE LATIMER R�C��Y�'"D FR: Personnel Office NOV 5 1981 RE: Resolution far submission to City Council MAYORS OFFICE ACTION REQUES�ED We recom�uend your approval and submi.ssion of this Resolution to the C�ty Council. PURPOSE AND RATIONALE FOR THIS ACTION This resolution approves the 1981-1983 Maintenance Labor Agreements between the City, Independent School District No. 625 and Bricklayers Local No. 1. These Agreements provide for a June 10, 1981 total package increase of $1. 85 per ho r with $. 87 going on wages and $. 96 going into fringe benefits. The May 1, 1982 and M y 1, 1983 package increases will be $1, 85 in each year. The distribution of this $1. 85 t tal package will be determined at a later date when the cost of the fringes are known. Th's wage settlement is based on the union's settlement with the Associated General Contra tors. Other changes in the Agreement is the deletion of the MandatoiyRetirement Article and the Residency Article. FINANCIAL IMPACT The city has one employee (Masonry_Inspector). Wa es Frin es 1 st year cost: 2017 2288 2nd year cost: $3848 y � 3rd year cost: $3848 ATTACHMENTS: Resolution, Agreement and copy for City Clerk.