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277743 WHITE - CITY CLERK •��µ/� CANARY - DE ARTMENT COUIICII l..����� BLUE - MAYOR G I T Y O F S A I N T PA U L File N O. �� � V uncil Resolution Presented By � Referred To Committee: Date � Out of Committee By Date -� An administrative Resolution approving the terms and conditions of a 1981-1983 Agreement between the City of St. Paul and the International Brotherhood of Painters ' and Allied Trades, Local 61. , WHEREAS, the Council pursuant to the provisions of Section 12. 09 ' of the St. Paul City Charter and the Public Employee s Labor Relations Ac� of 1971, as amended, recognizes the International Brotherhood of Painter� and Allied Trades, Local 61, as exclusive representative for those classels of positions within the City of St. Paul certified by the Bureau of Mediatio� Services under Case No. 73-PR-479-A for the purpose of ineeting and ', negotiating the terms and conditions of employment for all full-time per- sonnel in the classes of positions as set forth in the Agreement between the City of St. Paul and the exclusive representatives hereinabove referen�ed; and � WHEREAS, the City through designated representatives, and the exc�lusive representatives have met in good faith and negotiated the terms and condit ons of employment for the period May 1, 1981, through April 30, 1984, for su�h personnel as are set forth in the Agreement between the City of St. Paul a d the exclusive representatives; now, therefore, be it RESOLVED, that the Agreement, cited above, dated as of the effecti�ve date of this Resolution, between the City of St. Paul and the International � Brotherhood of Painters and Allied Trades, Local 61, on file in the office pf the City Clerk, is hereby approved, and the authorized administrative offi ials of the City are hereby authorized and directed to execute said Agreement c�n behalf of the City. Approved: � Chairm n, ivil Service ommission , COUNCILMEN Requested by Department of: Yeas Hunt Nays � pERSO EL OFFICE Levine [n Favor Maddox G McMahon ��r- _ __ Against B5' Tedesco Wilson ' DEC i 1981 Form proved b Ci tt ney I�! Adopted by Council: Date — � � � I Certifie assed b Cou il Secr tary BY r . � By � �'`„ Approved by avor: Date �� � 1981 A ro e by Mayor f u m si�,bn to Council By GL� � $y PUBLISHED D E C 12 1981 , 1 _ __ _ __. _ _._ _ ._ _ � Wti1TE - CITY CLER.K . ... . . _ . . __ . _ _._ _ . . . . . `��/ % �.� ..�.. � . PINK - FINANCE � � CANARY - DEPARTMENT � T '�•Y o Z;. � A I �TT ����.� �T L Council BLUE - MAYOR s 1' L1 J� x . . File �0. CITY CLERK Co��zcil :��sol��ian Presented B,y Referred To Committee: Date Out of Committee By Date An administrative Resolution approving-the terms a.nd conditions of a ].981-�983 Agreement between the City of St. Paul and the �international Brotherhood of Painters and Allied Trades, Local 61. , WHER.EAS, the Council pursuant to the provisions of Seetion 12. Q9 of the St. Paul City Charter and the Public Employe.es Labor Relati.ons A�t of.1971, as amended, recognizes the International Brotherhood af Paisxters and Allied Trades, Local 61, as exclusive representative for those classes of positions within the City of St. Paul certi.fied by the Bureau of Mediatio� Services under Case No. 73-PR-479-A for the purpose of ineeti.ng and negotiating the terms and conditions of employment for all full-time per- sonnel in the classes of positions as set forth in the Agreement between the City of St. Paul and the exclusive representatives hereinabove referericed; and WHEREAS, the City through designated representatives, and the exClusive representatives have met in good faith and negotiated the terms and candiifions of employment for the period May 1, 1981, thraugh April 30, 1984, for sta;ch personnel as are set forth in the Agreement between the City of St. Paul and the exclusive representatives; now, therefore, be it RE50LVED, that the Agreement, cited aboves dated as of �Ehe effective date of this Resolution, between the City of St. Paul and fhe International Brotherhood of Painters and Allied Trades, Local 6I, on file in �ie office of the City Clerk, is hereby approved, and the authorized administrative offi;cials of the City are hereby authorized and directed to execute said Agreernent on behalf of the City. Approved: Chairman, Civil Service Commission COUNC[L1rtEN Requested by Department of: Xeas Nay�s Hunt PERSONNEL OFFICE ' Levine IR FavO[ Maddox McMahon Showaltsr __ Agaifist BY Tedesco Wilson Form Approved by City Attorney Adopted by Councit: Date — ' Certif;ed P�ssed by Council Secretary BY - B� --- - Approved by �}avor: Date _ Approved by Mayor for Submission to Coancil rn_. � A.. � . .. - " � �`��7`� �' �� �� � . , : 198I - 1983 MAINTENANCE LABOR AGREEMENT � - between - THE CITY OF SAINT PAUL - and - INTERNATIONAL BRQTHERHOOD OF PAINTERS AND ALLIED 1'RADES LOCAL 61 , j � � ���►���� IND F,X ARTICLE TITLE PAGE Preamble iii I Purpose ' 1 II Recognition 2 III Employer Rights 3 IV Union Rights 4 V Scope of the Agreement 5 VI Probationa.ry Periods 6 VII Philosophy of Employment and Compensation , 7 VIII Hours of Work 8 IX Overtime 9 X Call Back 10 XI Work Location lI XII Wages ' 12 XIII Fringe Benefits 14 XIV Selection of Foreman and General Foreman 15 XV Holidays ' I6 XVI Discipiinary Procedures ' i7 XVII Absences From Work ' 18 XVIII Seniority ! 19 XIX Jurisdiction ' 20 XX Separation ', 21 XXI Tools 22 XXII Grievance Procedure . 23 XXIII Right of Subcontract 2$ XXN Non-discrimina.tion '29 XXV Severability 30 XXVI Waiver 31 XXVII City Mileage Plan ,32 XXVIII Duration and Pledge '33 APPendix A ;A1 APPendix B �1- APPendix C �1 Appendix D �1 , i � - ii - � P R E A M B L E : This AGREEMENT is entered into between the City of Saint Paul, herein- after ref erred to as the .F'�i1FL0YER and the International Brotherhood of Painters and Allied Trades Local 61, hereinaf ter referred to as the tTI�IION.� The EhIPLOYER and the UNION concur that thi,s AGREEI�iENT has as its ob�ective the promotion of the responsibilities af the City of Sain� Paul ; for the benef it of the general public through effective labor-management cooperatinn. ' The EMI'LOYER and. the UNION both realize that this goal depends not oniy on the words in the AGREEMENT but rather prunarily on attitud�s betwee� people at all levels of responsibility. Constructive attitudes of the II�PLI�YER, the IINION, and the individual employees will best serve the needs o€ the general public. ; � I � ; - iii - ARTICLE I - PURPOSE 1.1 The EMPLOYER and the UNION agree that the purpose for entering into this AGREEMENT is to: 1.11 Achieve orderly and peaceful relations, ther.eby establishing a system of uninterrupted operations and .the highest level. of employee performance that . is consistent with the saf ety and well-being of all concerned; 1.12 Set forth rates of pay, hours of work, and other conditions of employnent as ha.ve been agreed upon by the IIKPLOYER and the UNION; 1.13 Establish procedures to orderly and peacefully resolve disputes as to the application or inter- pretation of this AGREEMENT without loss of manpower productivity. 1.2 The EMP�.OYER and the UNION agree that this AGREEMIIVT serves as a supplement to legislation that creates and directs tha F,MPLOYER. If any part of this AGREEMEL�iT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so tha.t it conforms to the statute as provided by Article 25 (SEVERABiLITY) . � J I i I � - 1 - � �`��`��� ARTICLE II - RECCGNITION 2.1 The EMPLOYER recognizes the UNION as the �clusive representative for collective bargaining purposes for alI personnel having an employment status of regular, probationary, provisional, temporary, and emergency employed in the classes of positions def ined in 2.2 ss certified by the Bureau of Mediation Services in accordance with , Case No. 73-PR-479-A dated April 17, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. ; � I I - 2 - , ARTICLE III - EMPLOYER RIGHTS 3.1 The EMPLOYER retains the right to operate and manage 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, direct, and determine the number of personnel; and ta . perform any inherent managerial function not specif ica7.ly lim�.ted by this AGREEMENT. 3.2 Any "term or condition of employment" not established by this AGREE�IENT shall remain with the EMPLOYER to eliuninate, modify, ar establish following written notif ication to the UNION. - 3 - . . . . �. �.� � � . ARTICLE IV - UNION RIGHTS 4.1 The EMPLOYER shall deduct from the wages of emplovees who authorize such a deduction in writing an amount necessary to cover nonthly LTNION dues. Such monies deducted shall be remitted as directed by the UNION. 4.11 The EMPLOYER shall not deduct dues from the wages ' � of employees covered by this AGREEMENT for any other labor organization. 4.12 The UNION shall indemnify and save harmless the F�4PLQYER from any and all claims or charges made again�t the II�LOYER as a result of the i.mplementation of this ARTICLE. 4.2 The UNIOP� may designate one (1) employee from the bargaining unit to act as a Steward and sha11 inform the EhiPLOYER in writing of such designati.on. Such �nployee shall have the rights and responsibilities as designated in ArCicle 22 (GRIEVANCr'. PROCIDURE) . 4.3 Upon notification to a designa.ted EMPLOYER supervisor, the Business Mauager. of the UNION, or his designated representative shall be permitted to enter the facilities of the EMPLOYER where employees covered by this AGREEMENT are working. - 4 - , I I ARTICLE V - SCOPE OF THE AGREEMENT 5.1 This AGREEMENT establishes the "terms and conditions of employment" defined by M.S. 179.63, Subd. 18 for all employees exclusivelq represented by the UNION. This AGREEMENT shall sugersede such "terms and conditions of enployment" establzshed by Civil Service ' Rule, Council Ordinance, and Council Resolution. j _ 5 _ , ARTICLE VI - PROBATIONARY PERIODS 6.1 All personnel, originallg hired or rehired following separation, in a regular employment status shall serve a six (6) r�onth's probationary! period during which time the enployee's fitness and abiiity to perfarm the class of positions' duties and rasponsibilities shall be evaluatec�. 6.11 At any time during the probationary period an employee may be terminated at the discretion of the IIKPLOYER , without appeal to the provisions of Article 22 ' (GRIEVANCE PROCEDURE;) . 6.12 An employee terminated during the probationary period , sha.11 receive a writter. notice of the reason(s) for such termination, a copy of which shall be sent to the UIv ION. b.2 All personnel promoted to a higher class of positions shall serve a siiK (6) months' promotiona' probationary period during which time the emg}.pyee's f itness and ability to perform the class of positions' duties and responsi- bilities shall be evaluated. 6.21 At any time during the promotional prabationary period an employee may be demoted to the employee's previously held Glass of positions at the discretion of the II�LOYER without appeal to �the provisions of Article 22 (GRIEVANCE PROCEDURE) . � 6,22 An employea demoted dur.ing the promotional probationary period shall be returned to the employee's previously i, held class of positions and shall receive a written I naqtice of the reasons for demotion, a copy of whic�i �� � shall be sent to the UNION. - 6 - i ARTICLE VII - PHILOSOPHY OF EMPLOYMENT AND COMPE�SATION 7.1 The II�LOYER and the UNION are in full agreement that the philosophy of employment and compensation shall be a "cash" hourly wage and ' "industry" fringe benef it system. 7.2 The IIKPLOYER shall compensate emplayees for aIl hours worked at the basic hourZy wage rate and houriy fringe benefit rate as found in Articles 12 (WAGES) and 13 (FRINGE BENEFITS} . 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this AGREEMENT; except those employees who ha.ve individually optioned to be "grandfathered" as provided by 12.2. - 7 - . " ' ARTICLE VIII - HOURS OF WORK 8.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, betweer. 7:OQ a.m. , and 5:30 p.r�. 8.2 The normal work week shall be f ive (5) consecutive normal work days Monday through Friday. ' 8.3 If, during the term of this AGREEMENT, it is necessary in the �fPLQYER'rS �udgment to establish second and third shifts or a work week of other than Monday througr. Friday, the UNION agrees to enter into neootiatiorn}s iaunediately to establish the conditions of such shifts and/or work wee�cs. 8.4 This section shall not be construed as, and is not a guarantee of, an.y hours of work per normal work day or per norma.l ��rork week. 8.5 AI1 employees shall be at the location designated by their supervisor, rea.dy for work, at the establish�d starting time and shall remain at a,n assigned work location until the end of the established work dsy unZesis otherwise directed by their supervisor. ' 8.6 All employees are subject to call-back by the E�IPLOYER as pravided by !. Article 10 (CALL BACK) . 8.7 Eaiployees reporting for work at the estabZished starting tine and for whom no work is available shall receive pap for two (2} hours, at the basic hourly rate, unless notification has been given not to report far work prior to leaving home, or during the previous work day. � - 8 - ; ARTICLE IX - OVERTIME 9.1 Time on the payroll in e�:cess of the normal hours set forth above shall b.e "overti.me work" and shall be done only by order of tne head of the department. An employee shall be reco�:pensed for �aork done in excess of the normal hours by being granted compensatory time on a ti�e-and-one-half basis or by being paid or. a tine-ar.�- one-half basis for such overtime work. The basis on which such overtivae shall be paid shall be determined solely by the II�LOYER. 9.2 The rate of one and one-half (1�) the basic hourly rate shall be the overtime rate for work performed under the following circumstances: 9.21 Time worked in excess of eight (8) hours in any one normal work daq and; 9.22 Time worked on a sixth (6th} day following a � normal work week. 9.3 The rate of two (2) times the basic hourly rate s�.all be the avertime rate paid for work performed under the following circumstances: 9.31 Time wor]<.ed on a holiday as defined in Art�cle 15 - (HOLIDAYS) ; 9.32 Time worked on a seventh (7th) day following a normal work week; and 9.33 Time worked in excess of twelve (12) consecutive hours in a twenty-four (.24) hour period, provided, - that a11 "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (1�) . 9.4 For the purpose of calculating overtime compensation overtime hours worked shall not be "pyramided", compounded, or paid twice for the same hours worked. - 9 - _ __ .. . . . . r � 77��� ARTICLE X - CALL BACK 10.1 The EMPLOYER retains the right to ca11 back employees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 10.2 Employees called back shall xeceive a mininurs of four (4) hours pay at the basic hourly rate. 10.3 The hours worked based on a call-back shall be eompensated in accordance with Article 9 {OVERTIME) , when apglicable, and subject to the minimum establishad by 10.2 above. 10.4 Fmployees called back four (4) hours or Iess prior to their normal work day sha.11 complete the normal work day and be compensated only for the overtime hours worked in accordance wittt ArticTe 9 (OVERTIME) . I , - 10 - ; ARTICLE YI - WORK LOCATION 11.1 Employees shall report to work location as assigned by a designated EMPLOYER supervisor. During the normal work day employees may be ' assigned to other 4�ork locations at the discretion of the �IPLOYER. 11.2 Employees assigned to work locations during the normal work day, other than their original assigrnnent, and who are required to furnish their own transportation shall be compensated for mileage. ' '� I ; - 11 - t�� �ti���� ARTICLE XII - WAGES 12.I The basic hourly wage rates as esta'�Iished by Appendix C shall be paid for all hours worked by an enployee. I2.2 Employees who are covered by the fringe benefits listed belou snall cantinue to be covered by such benefits. They shall be subject to a11 other provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and/or deductiQns made on their beaalf � as provided for by Article 13 (FRINGE BE'�i1EFITS} . 12.21 Insurance benefits as established by City of Saint Paul Resolutions including life and health insurance for esrly retirees who have retired since May 23, 1973. In order to be eligible for the health benefits under the early retiree provision, the employee must: 12.2I.1 Be receiving bene€its from a public e�ployee retirement act at the ti.me of retirement. 12.21.2 Have severed his relationship with the Gity of Saint Paul under one of the early retiree plans. . 12.23.3 Inform the Personnel Off ice of the City of Saint Paul in writing within 60 days of e�ployee`s early retirement date that he or she �a-ishes to be eligible for early retiree insurance benefits. 12.22 Sick Leave as established by the Civil Service Rules, Section 20. � 12.23 Vacation as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision E, however, employees in this Bargaining unit, covered � � by tllis vacation provision., sha1l be granted vacation at the rates show below. _ Xe�rs of Service Vacation Granted Less than 15 years 20 days At least 15 yrs but less tha.n 25 years 21 days Af ter 25 years �2 days ', 12.24 Nine (9). legal holidays.as established by the Saint Paul � Salary Plan and Rates of Compensation, Seetion I, Su�dividion I. 12.25 Severence benef its as established by Ordinance Na. 11490 with a maximum payment of $4,000. - 12 - ARTICLE XII - WAGES (continued) 12.3 Regular employees not covered by the fringe benefits listed in Articl� 12.2 shall be considered, for the purposes of this AGREEMENT, partici� pating e�ployees and shall be compensated in acco-rdance with Article �2.1 (WAGES) and have fringe benefit contributions and/or deductions ma.c�e ctn their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.4 Provisional, temporary, and emergency employees shall be considered, for the purposes of this AGREEMII�IT, 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 grovidied for by Article 13 (FRINGE BENEFITS) . 12.5 All regular employees employed after February 15, 1974, sha11 be considered, for the purpose of this AGREEbS�dT, participating employees and shall be compensated in accordance with Article Z2.1 (WAGES) and ' have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFI'TS) . ' I - 13 - ARTICLE XIII - FRINGE BENEFITS 13.1 The EMI'LOYER shall make contributions on behalf of and/or make deductions from the wages of employees covered by this AGREEi�1ENT in accordance with AppendiX D for all hours worked. - 14 - � 7 / ! T� ARTICLE XIV - SELECTION OF FQRE.�'�IAN AND GENERAL �OREMAN 14.1 The selection of personnel for the class of position Painter Foreman shall remain solely with the F1�fPL0YER. 14.2 The class of position Painter Foreman shall be fi2led by employees of the bargaining unit on a "temporary assigrment". 14.3 All "temporary assignments" shall be made only at the direction of a : designated EMPLOYER supervisor. 14.4 Such "temporar; assigr.ments" shall be made only in cases where the class of positions is vaeant for more than one (I) nor�ai �aork day. I �, � _ , � _ , ARTICLE XV - HOLIDAYS � 15.1 The following nine (9) days shall be designated as holidays: New.Year's Day, January 1 President's Day, Third Monday in February ' Memorial Day, last Mor.day in May Independence Day, July 4 Labor Day, f irst Monday in September Columbus Day, second rlonday in October ' Veterans' Day, November 11 Thanksgiving Day, �ourth Thursday in November Christmas Day, December 25 15.2 �v'hen Ne�v Year's Day, Indegendence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holida�t. " When any of these three (3) holidays falls on a Saturday, the precedin� Friday sha11 be considered the designated holiday. : 15.3 The nine (9) holidays shall be considered non work days. 15.4 If, in the judgment of the II�iPLOYER, personnel are necessary for , operating or emergency reasons, employees may be scheduled or ' "called back" in accordance with Article 10 (CALL BACK) . 15.5 Employees working on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. ' i i i - 16 - , ; _ - _ _ ARTICLE XVI - DISCIPLINARY PROCEDURES 16.1 The EMPLOYER shall have the right to impose disciplinary actions on employees for just cause. 16.2 Disciplinary actions by the II�SPLOYER shall include only the following '; actions: ' 16.21 Oral reprimand. 16:22 Written reprimand. , 16.23 Suspension. 16.24 Demotion. 16.25 Discharge. 16.3 Employees who are suspended, demoted, or discharged shall have the right *_o request that such actions be reviewed by the Civil Service Commission or a designated Board of Review. The Civil Service Commission, or .a designated Board of Review, shall be the sole and exclusive means ' of reviewing a suspension, demotion, or discharge. No 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 - • � ARTICLE YVII - ABSENC�'S FROri T�;ORK ' 17.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as ,, soon as possible, but in no event later than the beginning of such , work day. j 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (DISCIPLINARY PROCEDUR.ES) . 17.3 Failure to report for work without notification for three (3} consecutive normal work days may be considered a "quit" by the EMPLOYER on the part of the'employee. ; - 18 - ; ARTICLE XVIII - SENIORITY 18.1 Seniority, for the purposes of this AGREEMEI�'T, shall be defined as f o l lo�as: 18.11 "Master Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the last date of employment in any and all class titles covered by this AGREEMENT. 18.12 "C1ass Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the date an emgloyee was first appointed to a class title covered by this AGREII�IENT. 18.2 Seniority shall not accumulate during an unpaid Ieave of absence, , except when such a leave is granted for a period Qf less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the EMPLOYER or to an elected or appointed full-time position with the UNION. 18.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 18.4 In the event it is determined by the EMPLOYER that it is nece�sary to reduce the work force employees will be laid off by class title within each Department based on inverse length of "Class Seniority". Employees laid off sha13 have the right to reinstatement in any lower-paid class I title, provided, employee has greater "Master Seniority" than the �� � employee being replaced. �� 18.5 The selection of vacation periods shall be made by class title bas.ed. on length of "Class Seniority", subject to the approval .of the E.^fPLOY�R. j - 19 - i . ������� ARTICLE YIX - JURISDICTIt�N 19.1 Disputes concerning work jurisdiction bet�veen and among unions is recognized as an appropriate subject to �etermination by the various ' unions representing employees of the II�LPLOYE�:. 19.2 The EMFLOYER agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 19.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the EMPLOYER shall meet as soon as mutuallly possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the II�IPLOYER to accomplish the work as originally assig.ned pending resolution of the dispute or to restrict the II�iPLOYER'S basic right to assign work. ' 19.4 Any employee refusing to perform work assigned by the II��LOYER and as clarified by Seetions 19.2 and 19.3 abave shall be subject to discipli�ary action as provided in Article 16 (DISCIPLINARY PROCEDURES) . 19.5 There shaZl be no work stoppage, slow down, or any disruption of work resulting from a work assigzanent. � i - 2fl - I ARTICLE XX - SEPARATIO:V 20.1 Employees having a probationary or regular employment status s'c�all be considered separated from employment based on the following actions: 20.11 Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.12 Dis�harge. As provided in Article 16. 20.13 Failure to Report for Duty. As provided in ArticZe 17. 20.2 Employees having an emergency, temporary, or provisional employ�nent status may be terminated at the discretion of the EMPLOYER before the ' completion of a normal work day. - 21 - . , �7� � �� ARTICLE XXII - GP.IEVANCE PROCEDURE 22.1 The EPIPLOYER shall recognize Stec„ards selected in aecordance with tTNIOI� rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the nanas of '' the St.:wards and of their successors when so named. 22.2 It is recognized and accepted by the II�iPLOYER and the tINI01� that the processing of grievances as hereinafter provided is limited by the 3ab duties and responsibilities of the employees and shali there€ore be accomplished during taorking hours only when consistent with such empZotyee duties and responsibilities. The Steward involved and a grievi.ng emplpyee shall suffer no loss in pay when a grievance is processed during workit�g hours, pr�vided, the Steward and the employee ha.ve notified and receiv�d the approval of their supervisor to be absent to process a grievance a�d that such absence would not be detrimental to the work programs of the II�LPLOYER. 22.3 The procedure estabiished by this ARTICLE shall be the sole aad exclus�.ve procedure, except for the appeal of disciplinary action as provided by' 16.3, for the processing of grievances, which are defined as an alleged. violation of the terms and conditions of this AGREEi�IENT. 22.4 Grievances shall be resolved in conformance with the followin.g proceduxe: Step 1. Upon the occurrence of an alleged violation of this AGREII�IENT, the employee involved shall attemgt to ' resolve the matter on an informal basis with the � employee's supervisor. If the matter is not resolved �i - 23 - i ARTICLE XXII - GRIEVANCE PROCEDURE (continued) to the employee's satisfactior_ by the infors.al discussion it �ay be reduced to writing and re£erred to Step 2 by the iTIVION. The written grievance shaZl set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREENiEI3T violated, and the relief requested. Any al.leged violation af the . AGRE�hIENT not reduced to writing by the UNION within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the ' first occurrence of the event giving rise to the grievance, sha11 be considered waived. Setp 2. Within seven (7) calendar days af ter receiving the written grievance a designated EMPLOYER supervisor sha�l mee; toith the UNION Steward and attempt to resolve the grievance. If, ' as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UNION within three (3} calendar days following this meeting. The UNION may refeir the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMP�OYER'S written answer. Any grievance not referred in writing by the L'NION within seven (,`7) calendar days following receipt of the FrIPLOYER'S answer shal�. be considered waived. - 24 - ARTICLE XXII - GRIEVANCE PROCEDURE (continued) ' Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a deszgnated F1�iPL0YER supervisor sha11 meet with the UNIOti Business P�anager or his designated representative and attempt to resolve the grievance. k'ithin seven (7) calendar days foZlowing this meeting the EMPLOYER shall reply in writing to the UvION stating the ENIPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance rema.ins unresolved, the U�IION may ref er ' the grievance to Step 4. Any grievance not referre3 tc in writing by the UNION to Step 4 within seven (7) ' calendar days following receipt of the F�IPLOYER'S answer shall be considered waived. Step 4. If the grievance remains unresolved, the LTNIOIV may within seveu (7) calendar days af ter the response of ' tYie EMPLOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected 6y mutual agreement of the II�IPLOYEP. and the UNION within seven (Z� calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party �ay request the , Public Employment Relation Board to submit a panel of five (5) arbitrators. Both the E1�iPL0YER and the - 25 - j _ ����,�,� ARTICLE XXII - GRIEVANCE PROCEDURE (continued) UNION shall have the right to strike tcao (2) names from the panel. The L'DtION shall strike the first (lst) na�e; the IIVIPLOY�R shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. � 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, a$d to, or subtract from the provisions of this AGREEME�i1T. The. arbitrator shall consider and decide only the specific issue submitted in writing by the F�IPLOYER and the UNION and shall have no authority - to make a decision on any other issue not so subraitted. The arbitrato� shall be without power to riake decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations ha.ving the force and effect of law. The arbitrator's decision shall be submitCed in writing within thirty {30) days followi#�g close of the hearing or the submission of briefs by the parties, which�ver be later, uniess the parties agree to an extension. The decision sha11 be based solely on the arbitrator's interpretation or application of tk►e express terms of this AGREEMINT and to the facts of the grievance ' presented. The decis.ion of the arbitrator shall be final and binding on the EMPLOYER, the UNION and the employees. i - 26 - � � ARTICLE XXII - GRIEVANCE PROCEDURE (continued) 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the E."IPLOYER and the UNION, pravided that each party shall be responsible for conpensating its own representative and witnesses. If either party cancels an arbitration hearing or ask5 for a last minute postponement that leads to the arbitrators naking a charge, the canceling party or the party asking for the postponement shall pay this charge. If either party desires a verbati.m record of the proceedings, it m�y cause such a record to be made providi�g it gays for the record. 22.7 The tir.ie limits in each step of this procedure may be extended by mutual agreeiaent of the II�IPLOYER and the t1NI0N. - 27 - � ARTICLE X�YITI - RIGHT OF SUBCONTRACT 23.1 The EMPLOYER may, at any time during the duration of this AGRE�IEI`T, contract out �aork done by the employees covered by this AGREEME�T. In the event that such contracting �ould result in a reduction of the work force covered by th�s AGREEMENT, the EMPLOYER 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 ' AGREEMENT shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ' i � - 28 - � ARTICLE �IV - NON-DISCRIMINATIOV 24.1 The terms ar_d conditlons of this AGREF�III3T will be applied to �' employees equally without regard to, or discrimination for or agair.st, any individual because of race, colar, creed, sex, age, or because of inembership or non-membershig in the LTtiIO`. �24.2 Employee5 will perform their duties and respansibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. , - 29 - . i • ARTICLE XXV - SEVERABILITY 25.1 In the event that any provision(s) of this AC-P.E�iIEi�T is declared to be contrary to law by proper legislative, adniristrative, or judicial. authority from whose f inding, determination, or decree no appeal is taken, such provision(s) shal2 be voided. AI1 other provisions shall continue in full force and effect. , 25.2 The part9.es agree to, upon written notice, enter into negotiations _ to place the voided provisions of the AGREEM�T in comPlia.nce with the legislative, administrative, or judicial determination. �, I - 30 - i i ' ' ARTICLE XXVI - 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 proposals �vith respect to any subject concerning the terms and con�itions of employment. The e 'e f ter the � a reements and understandin s reached b th arti s a � S Y P exercise of this right are fully and completely set forth in this agreement. 26.2 Therefore, the EMPLQYER and the UNION for the duration of this AGREEMENT agree that the other party shall not be obligated to meet and negotiate over any term or conditions of employment whether specifically covered or not specifically covered by this AGREEMENT. The L'NION and II�lPLOYER may, however, mutually agree I to modify any provision of this AGREEMENT. 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of emgloyment, to the extent they are inconsistent with this AGREEMENT, are hereby superseded. ' 'i � - 31 - i ARTICLE XXVII - CITY MILEA.GE 27.1 Automobile Rei�nbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursememt of City officers and e�ployees for the use of their own automobiles i� the performance of their duties, the following provisions are adopted, 27.2 Method of Computation: To b� eligible for such reirabursenent, all officers and employees must receive written authorization from the Depart�ent Head. Tyge 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the eMployee shaZl be reimbursed at the rate of $3.00 per day for each day the employee's vehicle is � actually used in performing the duties of the employee`s position. In addition, the employee shall be reimbursed 15� per mile for ea.ch mile actually driven. If such employee is required to drive an automobile during employment and the departmenr head or designa.ted representative datermines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall he reirn- bursed at the rate of 15� per mile driven and shall not be eligible for any per diem. � TyPe 2. If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reimbursed at the rate of $3.00 per day for each day of work. In addition, the employe� shall be reimbursed 15� per mile for each mile actually driven. . If such employee is required to d"rive an automobile during employment ' and the department head or designa.ted representative determines that an employer vehicle is available for the employee's use but the employ�ee desires to use his/her own automobile, then the employee shall be reim- burs�d at the rate of 15� per mile driven and shall. not be eligible fdr any per diem. 27..3 The Gity will provide parking at the Civic Center Parking Ramp for Ci�y employees o� either of the abave mentioned types of reimbursement plans who are required to have their personal car available for City businesls. Such parking will be provided only for the days the employee is required to have his or her own personal car av<�iable. 27.4 Rules and Re�ulations: The Mayor sh�ll adopt rules and regulations governing the procedures for automobile reimbursement, which regulatialns and rules shall contain the requirement that recipients shall f ile dai;ly reports indicating miles driven and shall f ile monthly affidavits sta�ing the number of days worked and the number of miles driven, and further � require that they maintain automobile liability insurance 3n amounts df not less than $100,000/$30Q,OOO for personal injury, and $25,000 for ; property damage, or 13.ability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint .Paul named as an additio 1 insured. �These rules and regulations, together with the amendment th eto, shall be maintained on file Grith the ciCy clerk. ! - 32 - I ARTICLE XXVIII - DURATION AND PLEDGE 28.1 This AGREENIENT shall become effective as of the date of signing, except as sgecifically providec� otherwise in Articles 12 and 13, , and shall remain in eff ect through the 30th day of April, 1984, ' and continue in effect from }�ear to year thereaf ter unless notice to change or to terminate is given in the manner provided i.n 28.2. ' 28.2 If either party desires to terminate or modify this AGREEMENT, effective as of the date of expiration, the party wishing to modify � or terminate the AGREEr?IIVT shall giva written notice ta the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided, that the AGREF�iENT may onl� be so terminated or modif ied effective as of the expiration , date. 28.3 Sn consideration of the terms and conditions of employment established by this AGREEMENT and the recognition that the GRIEVANCE PROCEDURE herein established is the �eans by which grievances concerning it� application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the AGREEMENT: ' 28.31 The UNION and the employees will not engage in, ', instigate, or condone any concerted action in which employees fail ta report for duty, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of e�cployment. - 33 - ARTICLE XXVIII - DURATION AN�D PLEDGE (continued) 28.32 The ET�PLOYER will not engage in, instigate, or condone any lock-out of employees. 28.33 This constitutes a tentative agreement between the parties which will be recom�ended by .the City Negotiator, but is subject to the approval of the Administration of the City, the City Council and is also subject to ratification by the UNION. AGREED to this 14th day of October , 1981, and attested to as the full and� complete understanding of the parties for the period of time herein s.pe�i- � fied by the signature of the following xepresentative for the �iPLOYER and �he UNION: WITNESSES: � INTERNATIONAL BROTHERHOOD OF PAINTERS CITY OF SAINT PAUL AND ALLIED TFtADES LOCAL 61 � � . � ( /,� � , -` �, , f � �—,c��` La or elati s Director ` s Manager Civil Service Co�ission ' , - 34 - . ��►`���� �� APPENDIX A The classes of positions recognized by the EMPLOYER as being exclusively represented by the UNION are as follows: Painter - Foreman . Painter Apprentice and other classes of positions that may be estabZished by the EMFLOYER where the duties and responsibilities assigned comes within the jurisdiction of the UNION. � I li ; - A2 - , , . , , � . � . . � f ! � � �` � . . APPEi�IDIX B Duster Wall Scrapers Putty Knif e Broad Knife Hammer Screw Drivers � � � - ; - Bl - i . ��'���� APPENDIX C � The basic hourly wage rate for provisional, regular and probationary employees appointed to the following classes of positions shall be: Eff ective Effective Effective Eff ective 6-09-81 10-03-81 5-01-82 4-30-83 Painter . . . . . . . $13.00 $13.29 $15.02 $ 6.46 Painter Foreman . . . . $13.67 $13.96 $15.69 $17.18 The basic hourly wage rate for temporary and emergency employees appointed to the following classes of positions shall be: Effective . Effective �ffective Effective 6-09-81 10-03-81 5-01-82 4- 0-83 Painter . . . . . . . . $13.52 $13.82 $15.62 $1;7.12 � Pa3nter Foreman . . . . $14.22 $14.52 $16.32 $17.87 Apprentice 0 - 6 months . . . . . . . . . . . 50% of Painter rate 7 - 12 months . . . . . . . . . . . 55% af Painter rate 13 - 18 months . . . . . . , . . . . 60% of Painter rate 19 - 24 months . . . . . . . . . . . 70% of Painter rate 25 - 30 months . . . . . . . . . . 80% of Painter rate 31 - 36 months . . . . . . . . . . . 90% of Paint�r rate The basic hourly wage rate for regular employees appointed to the follivwing classes of positions, who are receiving the Fringe Benefits listed in Artic,le 12.2 shall be: Effective Effective Effective Effe�tive 6-09-81 1d-03-81 5-01-82 4-3 -83 Pa3nter . . . . . . . . $11.63 $�1 .87 * . *� Painter Foreman . . . . $12.41 $12.65 * *� *Tf7e May 1, 1982, hourly wage rates in this contract w'ill be the rates as shown below less the cost of sick leave usage for 1981 � and less the cost of holidays, pension and vacation for 1982 and less the cost of health an� life insurance for the period May, I981, thru April, i9$2, incurred by the employer for employees ir. this bargaining unit. i Painter $16.96 ` Painter Foreman $17.66 _ r� _ , ���'��,? APPENDIX C (continued) **The April 30, 1983 hourly wage rates in this contract will be the rates as shown below less the cost of sick Zeave usage for 1982 and less the cost of holidays, pension and vacation for 1983 and less the cost of health and life insurance for the period May, 1982 thru f�p;il, I983 incurred by the employer for employees in this bargaining unit. Painter $18.46 Painter Foreman $19.21 When performing the following types af work the rate of pay shall be sieventy cents ($ .70) per hour over the basic hourly wage rate of any class of positions. Effective rsay �., 1983, this rate shall be increased to seventy-five cents. (j$ .75) per hour. Sandblastingy swing-stage work, erected structural steel skeleton work, all bridge work, all e,xterior work where safety belt or window jacks are used, spray painting and when applying materials over 50% creosote and for appl�- cation of all two component epoxy materials. If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the above applicable rates for participating enployees in such a way that the total cost of the package (wage rate plus contributions) remains constant. The EMPLOYER agrees to pay $10.00 toward the cost of each pair of saf�ty shoes purchased by an Employee that is a member of this bargaining unit. �'he EMPLOYER shall contribute for the cost of two pair of shoes per year and sha11 not be responsible for any additional cost for any additional shoes therea£�ter. This reimbursement of $10.00 per pair of shoes shall be made only after investigation and appro�ral by the immediate supervisor of that Employee. �his $10.00 per pair of shoes contribution to be made by the II�IPLQYER shall app�y only to those Employees who must wear protective shoes or boots for their employment. � = C2 - z , ����� APPEi�1DIX D Effective June 9, 1981, the EMPLOYER shall: (1) contribute $ .75 per hour for all hours worked by participating er.iployees as def ined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a UNION designated Health and Welfare Fund. (2) contribute $ .50 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. (3) deduct $1.05 per hour from which payroll deduction has been made ' for all hours warked by participating employees as define� in Articles 12.3, 12.4 and 12.5 covered by this AGREE�iENT, Co a Vacation Fund. (4) contribute $ .09 per hour for all hours worked by participating employees as def ined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMEbIT, to a Apprenticeship Training Fund. All contributions made in accordance with this Append� shall be forwarded 1to depositories as directed by the UNION. The F.MF'LOYER shall establish Workman's Compensation and Unemployment Compensation programs as required. by Minnesota Statutes. Participating employees as def ined in Articles 12.3, 12.4 and 12.5 covered by this AGREF�I�IT, shall not be eligible for, governed by, or accumulate ca�ation, sick leave, holiday, funeral leave, �ury duty, or insurance fringe benefits'. that are or may be established by Civil Service Rules, Council Ordinance or' Council Resolutions. ; • � - Dl - �z 77�� � APPENDIX D (cor.tinued) The EMPLOYER'S fringe benef it obligation to participating employees � as def ined in Articles 12.3, 12.4 and 12.5 is li.mited to the contributions and/or deductions established by this AGREEMENT. The actual level of benef its provided to employees shall be the responsibilitg of the Trustees of the varfous funds to which the EMPLOYER has forwarded contributions and/or deductions. I � - D2 - ' �, /ri .� �°� � A/-aa3 Do n�t de�ach this memoranau�►� ������ � -- resoiuton so that this information wil� be a��ai�ab'e to the City Coun�il. EXPLANATION OF ADMINISTRA.TIVE ORDERS, ��� �!� RESOLUTIONS, AND ORDINANCES �� Date: October 26, 1981 RECEIVED NOV 5 1981 T0: MAYOR GEORGE LATIMER MAYORS OF�ICE FR: Personnel 0£fice RE: Resolution for submission to City Council ACTION REQUESTED We recommend your approval and submission of this Resolution to the City Council. PURPOSE AND �iATIONALE FOR THIS ACTION This resolution approves a three-year Agreement (1981-1983) between the City and t e Pai.nters Local No. 61. This new Agreement represents changes in wages and reside cy and the deletion of the mandatory retire:ment article. The wages are based on the Union outside settlement with the private painter contrac ors association. This calls for total package increases of $1. 88 per hour in 1981, $1. 0 per hour in 1982, and $1. 50 per hour in 1983. In 1981 �e $1. 88 will be distributed with $1. 31 on wages and . 57 in fringes. The di ributio� of the 1982 a.nd 1983 increases will be determined later when the cost of the 1982 and 1983 - fringes are known. FINANCIAI, IMPACT � The city has four regular employees covered by this contract. 1981 cost: 15, 642 1982 cost: 14, 976 1983 cost: 12,480 ATTACI�IENTS: Resolution, Agreement and copy for City Clerk.