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277745 WHITE - CITY CLERK � J�' /�� PINK - FINANCE T7 - �� CANARY - DEPARTMENT C I T Y O F S A I N T �A v L COUIICII BLUE - MAYOR File N . Council Resolution Presented By � Referred To Committee: Date �� Out of Committee By Date An administrative Resolution approving the terms I and conditions of the 1981-1983 Agreements between I the Independent School District #625 and the following � employee representatives: I United Association Pipefitters Local Union No.455 !, United Association Plumbers Local 34 ' Sheet Metal Workers International Association Local 76 WHEREAS, the Council pursuant to the provisions of Section 12. 09 of the St. Paul City Charter and the Public Employees Labor Relations Act f 1971, as amended, recognizes the union locals listed above, as exclusive representatives for those classes of positions within the City of 5t. Paul I certified by the Bureau of Mediation Services for the purpose of ineeting '� and negotiating the terms and conditions of employment for all full-time '' personnel in the classes of positions as set forth in the Agreements betw�en the Independent School District #625 and the exclusive representative ; hereinabove referenced; and I WHEREAS, the Independent School District #625, through designated representatives have met i.n good faith and have negotiated the terms and conditions of employment for the periods and for such personnel as set f rth in the Agreements between the Independent School District #625 and the , exclusive representative; now, therefore, be it RESOLVED, that the Agreements cited above, dated as of the effec�ive date of this Resolution, between the Independent School District #625 and the union locals listed above, on file in the office of the City Clerk, are here y approved, and the authorized administrative officials of the City are here y authorized and directed to execute said Agreements on behalf of the City. App r ove d: 'i � . C airma , ivi Service ommissi n COUNCILMEIV � Yeas Nays Requestgd by Department of: H�nt PERSONNEL DEPA TMENT ' Levine [n Favor � Maddox McMahon � __ ,4 a1RSt BY �� c�e� g Tedesco Wilson � Adopted by Council: Date DEC � �� Form prove y Cit tt ne � Certifie assed b Co cil S retary BY . • . By —_ Approved , voc Date Ap rov d y Mayor for m sioRto Council � By _ ^ By ', PUBLISHED D E C 12 19�� PINIC� - FINANCER^ C011IICll ��+++��,,, CANARY - DEPAR7MENT (� � -ry �� SL'� I �T� ��L',L1 I. File NO. �� SLUE - MAYOR CITY CLERK �(�,��1 �QSO�Z�tZO� I Presented By � Referred To Committee: Date Out of Committee By_ Date An administrative Resolution approving the terms , and conditions of the 1981-1983 Agreements between the Independent School District #625 and the following employee representatives: United Association Pipefitters Local Union No. 455 United Association Plumbers Local 34 Sheet Metal Workers International Association Local 7� � 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 union locals listed above, as exclusive representatives for those classes of positions within the City of St, Paul certified by the Bureau of Mediation Services for the purpose of ineeting and negotiating the terms and conditions of employment for all full-time personnel in the classes of positioris as set forth in the Agreements betw�en the Independent School District #625�and the exclusive representative hereinabove referenced; and WHEREAS, the Independent School District #625, through designated representatives have met i.n good faith and have negotiated the terms and conditi.ons of employment for the periods and for such personnel as set farth in the Agreements between the Independent School District #625 and the exclusive representative; now, therefore, be it RESOLVED, that the Agreements cited above, dated as of the effec�ive date of this Resolution, between the Independent School District #625 and �he union locals Iisted above, on file in the office of the City Clerk, are herel�y - approved, and the authorized administrative officials of the City are hereby authorized .and directed to execute said Agreements on behalf of the City. Approved: Chairman, Civil Service Commissio?n COUNCILMEN Requestgd by Department of: Yeas Nays Hunt PERSONNEL DEPARTMENT� Levine In Favor Maddox McMahon B st,oWaiter - _ Against Y Tedesco YVi lson Form Approved by City Attorney Adopted by Council: Date — I Certified P�ssed by Council Secretary BY ��i � B}. _ _ - rZpproved by 3lavor: Date _ flpproved by Mayor for Submission to Council B}' --- — BY • � � 77 �.s- . , n�,� � ARTICLE TITLE AGE Presmble iii I Purpose 1 II Recognition 2 III Employer Rights 3 � N Union Rights 4 V Scope of the Agreement 3 4I Probationarq Periods ( � VII Philosophy of Emgloyment and Compensation 7 VIII Hours of Work g IR Overt3me 9 B Call Back . 30 XI Work Location ' 11 XII Wages ' 12 BIII Fringe Benefits " 14 RIV Selection of Foreffian and General Foreman 15 BV 8etiremeat 16 i ZVI Holidays ' 17 XVII Disciplinary Procedures 18 XVIII Absences From Work 19 � ' %?S Seniority 20 � Jurisdiction ' 21 �BBI Separation 22 S%II Tools 23 RRIII Grievance Procedure ' 24 �IV Right of Subcontract ' 29 �V Non-discrimination 30 �VI Severability � 31 �VII Waiver '32 �VIII Mileage - Independent School District No. 625 33 BXIR Duration and Pledge '34 Appendix A A1 APPendix B � B1 Appendix C 'C1 � Appendix D iDl Appendix E � '�E1 � , . ' ,' � - ii - P R E A M B L E � � This AGREF�IENT is entered into between Independent School District � No. 625, hereinafter referred to as the II�IPLOYER and the United Asaociation Pipefitters Local Union No. 455, hereinafter referred to as the UNION. The F.MPLOYER and the UNION concur that this AGREEMENT has as its ob�ective the promotion of the responsibilities of the City of Saint Paul � for the benefit of the general public through aff ective labor�management - cooperation. The II�LOYER and the UNION both realize that this goal depends not � only on the words in the AGREENIENT but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the II�ZOYER, the UNION, and the individual employees will best serve the needs of the general public. � i - iii - ARTICLE I - PURPOSE � ! � l.l The EL�LOYER and the UNION agree that the purpose for entering into this AGREII�iENT is to: 1.11 Achieve orderlq and peaceful relations, thereby establishing a system of uninterrupted operations ' and the highest level of employee performance that is consistent with the saf ety and well-being of all concerned; 1.12 Set forth rates of pay, hours of work, and other � conditions of employment as have been agreed upon by the F�IPLOYER 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 II�iPLOYER and the UNION agree that this AGREFI�IENT serves as a supplement to legislation that creates and directs the IIriPLOYER. If any part of this AGREEMENT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 26 (SEVERABILITY) . ' I � . � � � - 1 - ARTICLE II - RECOGNITION 2.1 The II�PLOYER recognizes the UNION as the excluaive representative � for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisional, temporary, • and emergency employed in the classes of positions defiaed in 2.2 as certif ied by the Bureau of Mediation Services in accordance with Case No. 73-PR-480-A dated April 16, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNZON are as listed in Appendix A. � • � � - 2 - ARTICLE III - EMPLOYER RIGHTS � 3.1 The IIKP'LOYER retains the right to operate and manage all manpower, ', • facilitiea� 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 to perform any inherent managerial function not specif ically limited by this AGREEMENT. 3.2 Aay "term or condition of employment�' not established by this AGREEMENT shall remaia with the II�LOYER to eliminate, modify, or _ establish following written notification to the UNION. . _ ! � � - 3 - ARTICLE IV - UNION RIGHTS 4.1 The EI�LOYER ahall deduct from the wages of employees.who authorize � such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies deducted shall be remitted as directed by the UNION. 4.11 The ENIPLOYER shall not deduct dues from the wages of . employees covered by this AGREII�IENT for any other labor organizatian. 4.12 The UNION shall indemni,fy and save harmless the IIrII'LOYER from any and all claims or charges made against the IIKPLOYER as a result of the implementation of this ARTICLE. . 4.2 The t1NI0N may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the IIKPLOYER in writing of such • designation. Such employee shall have the rights and responsibilities as designated in Article 23 (GRIEVANCE PROCEDURE) . 4.3 Upon notif ication to a designated F,MPLOYER supervisor, the Business Manager of the UNION, or his designated representative shall be permitted to enter the facilities of the F22PLOYER where employees covered by this AGREF�fENT are working. � - 4 - - ARTICLE V - SCOPE OF THE AGREII�IENT � 5.1 This AGREE�IENT establishes the "terms and conditions of employment" def ined by M.S. 179.63, Subd. 18 for all employees exclusively repreaented by the UNION. This AGREEMENT shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. • _ . I . - S - . ARTICLE VI - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in � s regular employment status shall aerve a six (6) month`s probationary period during which time the ea�ployee's f itness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.11 At aay time during the probationary period an eznployee may � be terminated at the discretion of the IIKPLOYER without appeal to the provisions of Article 23 (GRIEVANCE ' PROCIDURE) . 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termina- tion, a copy of which shall be sent to the UNION. 6.2 All personnel promoted to a higher class of positions shall serve a six (6� �nonths' promotional probationary period during which time the employee's . fitness and ability to perform the class of positions' duties and responsi- vilities shall be evaluated. _ 6.21 At any time during the promotional probationary period an employee may be demoted to the employee's previously held class of positions at the discretion of the II�iPLOYER without appeal to the provisions of Article 23 (GRIEVANCE PROCEDURE) . 6.22 An employee demoted during the promotional probationary period shall be returned to the employee's previously held class of positions and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the UNION. • � - .6 - ARTICLE VII - PHILOSOPHY OF II�IPLOYMENT AND COMPENSATION � 7.1 The F.MPLOYER and the UNION are in full agreement that the philosophy of employment and compensation shall be a "cash" hourly wage aad "iadustry" fringe benefit system. 7.2 The FaiPLOYER shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benef it 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 A�GREII�tENT: except those employees who have 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, between 7:00 a.m. and 5:30 p.m. � 8.2 The normal work week ahall 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 ENIPLOYER'S �udgment to establish second and third shifts or a work week of o�ther than Monday through Friday, the UNION agrees to enter into negotiations immediately to establish the 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 work day or per normal work week. 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work locatioa until the end of the established work day unless otherwise directed by their supervisor. • 8.6 All employees are sub3ect to call-back by the II�LOYER as provided by Article 10 (CALL BACK) . 8.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. 8.8 Standby. Any Refrigeration, Gas and Oil Serviceman who is required to be available for emergency service work on weekends and holidays shall be guaranteed work or wages and fringes equivalent to: � 40 minutes for Friday nights 80 minutes for Saturday and Saturday night 80 minutes for Sunday and Sunday night or 80 minutes for any holiday and holiday � night of such 24 hour shift. � All of the above at tisne and one-half rate. If the employee is called in for work� the above time shall be a part of, not in addition to, the time worked. - 8 - - � .. a7 � 7�.� � ' ARTICLE IX - OVERTIME � � 9.1 Al1 overtime compensated for by the F�IPLOYER must seceive prior authori�- zation from a designated EMPLOYER supervisor. No overtime work claim will be honored for payment or credit unlesa approved in advance. An overti�ne clalm will not be honored, even though shown on the time card, unless tihe Yequired advance approval has been obtained. ' 9.2 The overtime rate of one and one-half (1�) the basic hourly rate shall �e paid for work performed under the following circumstances: . 9.21 Time worked in excess of eight (8) hours in any one . normal work day and, 9.22 Time worked on a sixth (6th) day following a aormal . work week. • 9.3 The overtime rate of two (2) times the basic hourly rate shall be paid ' for work gerfomred under the following circumstances: S9.3! Time worked on a holiday as defined in Article 16 - (HOLIDAYS); 9.32 Time work.ed on a seventh (7th) day following a normal work week; and 9.33 Time worlced in excess of twelve (12) consecutive hours in a twenty-four (24) hour period, provided, that all "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (1'�) . 9.4 For the purposes of calculating overtime compensation overtime hours worked shall not be "pyramided", compounded, or paid twice for the same hours , worked. 9.5 Overtime hours worked as provided by this ARTICLE shall be paid in cash. i� I � . I, - 9 - ARTICLE X - CALL BACK � 10.1 The IIKPLOYER retains the right to call back employeea before an � employee has started a normal work day or normal work waek and after an employee has completed a normal work day or normal work week. 10.2 Employees called back shall receive a minimum of four (4) hours . pay at the basic hourly rate. 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9 (OVERTIME), when applicable, and sub�ect to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIl�IE) . � � - 10 - ARTICLE XI - WORK LOCATION � 11.1 Employees shall report to work location as assigned by a designated F,I�LOYER supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the II�LOYER. ' 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 cqmpensated for mileage. • � . � ' • � • , - 11 - ARTICLE XII - WAGES � ' . 12.1 The basic hourly wage ratea as established by Appendix C ahall be paid � for all hours worked by an employee. 12.2 Employees who are covered by the fringe benef its listed bel'ow shall coatinue to be covered by such benefits. They shall be sub3ect to all other provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . � 12.21 Insurance benefits as established by City of Saint Paul Resolutions. 12.22 Sick Leave as established by Resolution No. 3250, Section 20. � 12.23 Vacation as established by Resolution No. 6446, Section I, Subdivision H, however, employees in this bargaining unit, covered by this vacation provision, shall be granted vacation � at the rate of 160 hours in each calendar year. Employees earning vacation in excess of 160 hours per year on the date of the signing of this Agreement, shall continue to earn vacation at the rate at which they are earning vacation on the date of the signing of this Agreement. 12.24 Nine (9) legal holidays as established by Resolution No. 6446, Section I, Subdivision I. 12.25 Severance benefits as established by the School District's Severance Pay Plan with a maximum payment of $4,000. 12.26 The EMPLOYER will for the period of this AGREEMIIVT provide for employees who are eligible for the City's Health and Welfare benefits and who retire after the time of execution of this AGREEMENT or who have retired�since April 1, 1975, • and until such employees reach sixty-five (65) years of age such health insurance benef its as are provided by the IIrIPLOYER. - 12 - �. �_� .. _. ,. , - , . _ __ . . _ , -.�..--...---�.,�----_,_____.,,s._ � . _ .._, . __,. _ .� , ARTICLE XII - WAGES (continued) � 12.27 In order to be eligible for the benef its under the provision of 12.26 the F1�IPLOYEE mus t: 12.27.1 Be receiving benefits from a public employee , retiree act at the time of retirement. 12.27.2 Fiave severed his relationship with the City of Saint Paul under one of the early retiree plans. 12.27.3 Inform the Personnel Office of the City of Saint ' _ Paul in writing within 60 days of employee's early tetirement date that he or she wishes to be eligible ! . for early retiree insurance benefits. . 12.3 Regular employees not covered by the fringe benef its listed in Article ,12.2 shall be considered, for the purposes of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 {WAGIES) and have fringe benefit contributio�s and/or deductions made on their blehalf � as provided for by Axticle I3 (FRINGE BENEFITS) . . 12.4 Provisional, temporary, and emergency emgloyees shall be considered, foir the purposes of this AGREEMENT, participating employees and shall be com- pensated in accordaace with Article 12.1 (WAGES) and have fringe benefit coatributions and/or deductions made in their behalf as provided for by Article 13 (FRINGE BENEFITS) . II' 12.5 All regular employees employed after February 15, 1974, shall be consid�red, for the purpose of this AGREEMENT, participating employees and shall be , compensated in accordance with Article 12.1 (WAGES) and have fringe benelfit contributions and/or deductions made on their behalf as provided for by ', Article 13 (FRINGE BENEFITS) . I � I • � � - 13 - i - ARTICLE XIII - FRINGE BENEFITS 13.1 The F�iPLOYER shall make contributione on behalf of and/or make � deductions from the wages of employees covered by this AGREEMENT ia accordance with Appendix D for all houzs worked. � • - I4 - ARTICLE XIV — SELECTION OF FORIIKAN AND GENERAL FOREMAN . ' � 14.1 The selection of personnel for the class of position Pipefitter Foremaa shall remain aolely with the F2IPLOYER. ' 14.2 The class of position Pipefitter Foreman shall be f i11ed by employees � of the bargaining unit on a "temporary assignment". ' 14.3 Al1 "temporary assigrnnents" shall be made only at the direction of a designated F.MPLOYER supervisor. ', 14.4 Such "temporary assigiunents" sha.11 be made only in cases where the class of positions is vacant for more than one (1) normal work day. � i � I • � - 15 - ', ARTICLE XV - RETIRII�IENT - � 15.1 Al1 employees shall retire from eanployment with the II�IPLOYER no � . later than the last calendar day of the month in which an employee becomes sixty-five (65) years old. . � ' � � - 16 - . � � 77�7' I�� ARTICLE XVI - HOLIDAYS � 16.1 The following nine (9) days ahall be designated as holidays: New Year's Day, January 1 Preaidents' Day, Third Monday in February Metnorial Day, last Monday in May Iadependence Day, July 4 Labor Day, first Monday in September Columbus Day, second Monday in October Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November ' Christmas Day, December 25 16.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday�. When any of these three (3) holidays falls on a Saturday, the preceding' Friday shall be considered the designated holiday. 16.3 The nine (9) holidays shall be considered non-work days. • 16.4 If, in the 3udgment of the IIKPLOYER, personnel are necessary for operating or emerge�ncy reasons, employees may be scheduled or "called back" in accordance with Article 10 (CALL BACK) . I6.5 Employees working on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 16.6 In the case of Board of Education employees, if Presidents' Day, Columbus Day, or Veterans' Day falls on a day when school is in session,, the employees shall work that day at straight t3me and another day shall. be designated as the holiday. This designated holiday shall be a day on which school is not in session and shall be determined by agreement . between the employee and his supervisor. - �I � I - 17 - ARTICLE XVII - DISCIPLINARY PROCIDURES 17.1 The F�IPLOYER ehall have the right to impose disciplinary actions on � employees for juat cause. 17.2 Disciplinary actions by the EMPLOYER shall include only the following actions: 17.21 Oral reprimand. 17.22 Written reprimand. 17.23 Suspension. 17.24 Demotion. 17.25 Discharge. � 17.3 Employees who are suspended, demoted, or discharged shall have the right to 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 23 (GRIEVANCE PROCIDURE) . - 18 - � � ARTICLE XVIII - ABSENCES FROM k'ORK � • 18.1 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. 18.2 Failure to make such notification may be grounds for discipline as provided in Article 17 (DISCIPLINARY PROCEDURES) . 18.3 Failure to report for work without aotification for three (3) , coasecutive normal work days:may be considered a "quit" by the ENIPLOYER on the part of the employee. � . � . � � I' - 19 - , ARTICLE XIX - SENIORITY 19.1 Seniority, for the purposes of this AGREII�tENT, shall be defiaed as , follows: 19.11 "Master Seniority" - The length of continuous regular aad probationary service with the IIrIPLOYER from the last date of employment in any and all class titles covered by this AGREEMENT. 19.12 "Class Seniority" - The length of continuous regular � aad probationary service with the F�IPLOYER from the date an employee was first appointed to a class title covered by this AGREEMENT. , 19.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or in3ury; is • granted to allow an employee to accept an appo3ntment to the unclassif ied service of the II�LOYER or to an elected or appointed full-time position with the UNION. 19.3 Seniority shall terminate when an employee retires, resigns, or is dischazged. 19.4 In the event it is determined by the IIKPLOYER that it is necessary 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 shall have the right to reinstatement in any lower-paid class title, provided, employee has greater "Master Seniority" than the employee being replaced. � • 19.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority"� sub�ect to the approval of the II�tPLOyER� - 20 - . ARTICLE XX - JURISDICTION 20.1 Disputes concerning work jurisdiction between and among unions is � recognized as an appropriate sub�ect to determination by the varioue unions representing employees of the EMPLOYER. � 20.2 The EMPLOYER agrees to be guided in the assigrnnent of work �uris-- - diction by any mutual agreements between the unions involved. 20.3 Ia the event of a dispute concerning the performance or assignment of _ work, the unions involved and the IIKPLOYER shall meet as soon as mutua�.ly possible to resolve the dispute. Nothing in the foregoing shall restr�ct the right of the EMPLOYER to accomplish the work as originally assigne� peading resolution of the dispute or to restrict the EMPLOYER'S basic right to assign work. 20.4 Aay employee refusing to perform work assigned by ths IIKPLOYER and as � clarified by Sections 20.2 and 20.3 above shall be subject to disciplix�ary action as provided in Article 17 (DISCIPLINARY PROCEDURES) . 20.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assig�ent. • • I - 21 - ARTICLE XXI - SEPARATION . 21.1 Employees having a probationary or regular eznployment status shall � be considered separated from employment based on the following actions: 21.11 Resignation. Employees resigning fram employment " ehall give written notice fourteen (14) calendar daqs prior to the effective date of the resignation. 21.12 Retirement. As provided in Article 15. • 21.13 Discharge. As provided in Article 17. 21.14 Failure to Report for Duty. As provided in Article 18. 21.2 Employees having an emergency, temporary, or provisional employment status may be terminated at the discretion of the IIKPLOYER before the completion of a normal work day. • • - 22 - ARTICLE XXII - TOOLS ! 22.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B, � � . - 23 - ARTICLE XXIII - GRIEVANCE PROCIDURE - 23.1 The F.MPLOYER shall recognize Stewards 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. 23.2 It is recognized and accepted by the �IIrIPLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the �ob duties and responsibilities of the employees and shall therefore be � accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the � ET4PLOYER. 23.3 The procedure established by' this ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 17.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. 23.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this AGREEMENT, the employee involved shall attempt to resolve the matter on an i»formal basis with the employee's supervisor. If the matter is not resolved � — 24 — ' � 7 7 7��" ARTICLE 7QCITI - GRIEVANCE PROCIDURE (continued) � to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set forth the ` nature of the grievance, the facts on which it is based, the alleged section(s) of th,e AGREEMENT violated, and the relief requested. Any alleged violation of the AiGREEMENT 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 lmowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. � Step 2. Within seven (7) calendar days af ter receiving the written grievance a designated F.MPLOYER supervisor shall meet with 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. 7'he UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7� calendar days following receipt of the EMPLOYER'S answer shall be considered waiv'ed. I � ' ' - 25 - , ARTICLE XXIII - GRZEVANCE PROCEDURE (continued) - � Step 3. Within seven (7) calendar days following receipt of a � grievance referred from Step 2 a des�ignated� F24PLOYER supervisor shall meet with the UNION Business Manager or hie designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the EMPLOYER 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 UNION may refer the grievance to Step 4. Any grievance not referred in writing by the LTNION to Step 4 within seven (7) caleadar days following receipt of the EMPLOYER'S answer shall be considered waived. � Step 4. If the grievance remains unresolved, the UNION may within seven (7) calendar days after the response of the II�LOYER in Step 3, by written notice to the F1�IPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the II�LOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon .an arbitrator within the said � seven (7) day period, either party may request the Public Employment Relations Board to submit a panel of f ive (5) arbitrators. Both the II�IPLOYER arid the � - 26 - ARTICLE 1QCIII - GRIEVANCE PROCIDURE (continued) • UNION shall have the right to strike two (2) aames fram the panel. The UNION ahall strike the first (lst) name; the IIrIPLOYER shall then � strike one (1) name. The process will be repeated and the remaining person shall be the � arbitrator. 23.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the F.NII'LOYER and the UNZON and shall have no authority to make a decision on any other issue not so submitted. The arbitrato* . shall be withouz power to make decisions contrary to or inconsistent with ! oz modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision stiall be submitted in writing within thirty (30) days followi�lg close of the hearing or the submission of briefs by the parties, whichelver be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of thie express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding oa the EMPLOYER, the UNION and the employees. ' � � I i - 27 - ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) � . 23.6 The fees and expenses for the arbitrator's services and proceedings • shall be borne equally by the II�IPLOYER and the UNION, provided that each party shall be responsible for compensating its own representative and witnesses. 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. 23.7 The time limits in each step of this procedure may be extended by mutual agreement of the EI�II'LOYER and the UNION. � - 28 - . � : � 77�� - ; ARTICLE XXIV - RIGHT OF SUBCONTRACT � 24.1 The F,MPLOYER may, at any time during the duration of this AGREII�IENT, contract out work done by the employees covered by this AGREEMENT. Ia the event that such contracting would result in a reduction of - the work force covered by this AGREEMIIdT, the EMPLOYIIt shall give the UNION a ninety (90) calendar day notice of the intention to . sub-contract. 24.2 The sub-contracting of work done by the e�ployees covered by this ! AGREIIKENT shall in all cases be made only to employers who qua.lify ' in accordance with Ordinance No. 14013. • � - 251 - ,I ARTICLE XXV - NON-DISCRIMINATION � 25.1 The terma and conditions vf this AGREFMENT will be applied to � employees equally without regard to, or discrimination for or against, any individual becauae of race� color, creed, sex, age, or because of inembership or non-�membership in the UNION. 25.2 Employees will perform their duties and responsibilities in a aon-discriminatory manner as such duties and responsibilities , involve other employees and the general public. . . � � - 30 - ARTICLE XXVI - SEVERABILITY � 26.1 Ia the event that any provision(s) of this AGREIIrIENT is declared ' to be contrary to law by proper legislative, admiaistrative, or judicial authority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 26.2 The parties agree to, upon written notice, enter into hegotiations to place the voided provisions of the AGREF�IENT in compliance with the legislative, administrative, or judicial determination. � � - 31 - ARTICLE XXVII - WAIVER . � � 27.1 The F�SPLOYER and the UNION acknowledge that during the meeting � and negotiating which resulted in this AGREEMENT, each had the right and opportuaity to malte proposals with respect to any aubject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this AiGREIIrIENT. 27.2 Therefore, the F�IPLOYER and the UNION for the duration of this AGREII�IENT 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 AGREIIKENT. The UNION and II�LOYER may, however, mutually agree to modify any provision of this AGREF�IENT. � � 27.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this AGREIIrIENT, are hereby superseded. - 32 - . � � - ARTICLE 7IXVIII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625 • . 28.1 Employeea of the School District under policy adopted by the Board of Education may be reimbursed for the use of their auto- mobiles for school business. To be eligible for such reimburse- meat, employees must receive authorization from the District Mileage Co�ittee utilizing one of the following plans: PLAN "A" is reimbursed at the rate of 19C per mile. _ In addition, a ma.ximum amount which can be paid per month is established by an estimate furnished by the ': emgloyee and the employee's supervisor. � Aaother consideration for establishing the maximum ' amount can be the experience of another working in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip made. YLAN "C" provides for reimbursement based on a per month "lump stnn" amount. This amount is determined by the employee's driving e�cperience under Plan "A" ' • for a period of 3 to 6 months. Those �ployees receiving an auto allowance under this plan must report monthly the number of days the car was avail- . able during the month. A deduction must be made from the lump sum amount for each day the employee is on vacation. A deduction need not be made for an occasional day of illness or for holiday. . � � I - 33 - ARTICLE XXIX - DURATION AND PLEDGE 29.1 This Agreement ahall become eff ective as of May 1, 1981, and shall remain • in effect through the 30th day of April, 1984, and continue in effect from year to year thereafter unless notice to change or to terminate is � givea in the manner provided in 29.2. However, both parties agree to reopen this Agreement solely for the purpose of negotiating the wage � rates for May 1, 1983. 29.2 If either partq desires to terminate or modify this AGREEMENT, effective as of the date of expiration, the party wishing to modify or terminate the AGREIIriENT shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided, thaC the AGREEMENT may only be so terminated or modified effective as of the expiration date. 29.3 Ia consideration of the terms and conditions of employment established • by this AGREII�IENT and the recognition that the GRIEVANCE PROCIDURE herein established is the means by which grievances concerning its application or iaterpretation may be peacefully resolved, the parties hereby pledge that during the term of the AGREEMENT: 24.31 The UNION and the employees will not engage in, instigate, or condone any concerted action ia which emplayees fail to report for duty, willfully absent. themselves from work, � stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment. 29.32 The EMPLOYER will not engage in, instigate, or condone any lock-out of employees. � - 34 - I � ARTICLE XXIX - DUREITION AND PLEDGE (continued) •� 29.33 This constitutes a tentaCive agreement between the parties which wil.l be recommended by the School Board Negotiator, but is subject to the approval of the Board of Education and is ' also subject to ratification by the UNION. AGREED to this �d�ay of �' , 1981, and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representative from the ; IIKPLOYER and the UNION. � ' ; . , WITIvESSES: , i UNITED ASSOCIATION PIPEFITTERS . IND . SCHOOL .DIST T N0. 625 LOCAL UNIO�� IvO. 455 � S' (I�� ' . BY: ..P.C.e BY: `� S • Scho Board Negotiat Business T nager ��^ �v BY: BY: Superintendent, ISD 525 � ' , ; , - 3S - � • � i ..Z 7 �7�..� APPENDIX A . SThe classes of positions recognized by the IIrIPLOYER as being exclusive�ly represented by the UNION are as follows: • Pipefitter-Foreman ' Pipef itter Apprentice Refrigeration, Gas and 0i1 Servfceman Mechanical Inspector ' Senior Mechanical Inspector-Pipefitter � and other classes of positions that may be established by the F.f+IPLOYER where the duties and responsibilities assigned comes within the jurisdiction of tYr� IINION. � ' � _ - A1 - • � APPENDIX B , 6' folding ruler � i , � � - B� - APPENDIX C � ' The basic hourly wage rate for provisional, regular and probationary ! • employees appointed to the following class of positions and not receiving th� Friage Benef its listed in Article 12.2 shall be: � ' Effective Effective Effective Effective E�fective May 4, 1981 June 15,1981 .Tuiy i, 1981 May 1, 1982 Ma 1 1983 Pipefittez . . . . $14.25 � $14.25 $14.11 $1b.03 i** Refrigeration, Gas � ' 6 Oil Serviceman. $14.25 $14.25 $14.11 $16.03 ** Pipefitter Foreman $25.40 $15.69 $15.55 $17.47 '** � Mechanical Insp. . $i5.40 $15.69 $15.55 $17.47 ',** Senior Mechanical Insp.-Pipefitter. $16.17 $16.65 $16.51 $18.43 '** ' The basic hourly wa.ge rate for temporary and emergency employees appoinited to the following class of positions shall be: Effective Effective Effective Effective Ef�ective May 4, 1981 June 15,1981 Juiy i, 1981 May 1, 1982 May i, 1983 ; • Pipefitter . . . . $14.82 $14.82 $14.67 $16.67 �** ; Refrigeration, Gas ; & 031 Serviceman. $14.82 $14.82 $14.67 $16.67 '** '� P3pefitter Foreman $16.02 $15.32 $16.17 $18.17 '** Meclzaaical Insp. . $ib.02 $16.32 $16.17 $18.17 ** S�nior Mechanical Insp.-Pipef itter. $16.82 $17.32 $17.17 $19.17 '** The basic hourly wage rate for regular employees appointed to the follo�iing alass af positions who are receiving the fringe benefits listed in Article 12.2 shall be: � � EffecLive Effective Effective • Effective May 4, 1981 June 15,i981 May i, 1982 rlay i, 1983 ' Pipef itter . . . . $14.74 $14.74 * ** !, Pipefitter Foreman $15.74 $I5.99 * ' ** ' ': • Mechanical Insp. . $i5.fi� $15.90 * ** Senior riechanical Insp.Pipefitter. $1b.32 $16.73 � ** . - Cl - . '' � ' APPENDIX C (continued) � *The May 1, 1982� hourly wage rates in this contract will be the rates • as shown below less the cost of sick leave usage for 1981 and less the cost of pensions, health and life insurance and vacation for 1982 incurred by the employer for employees in this bargaining unit. Pipefitter. . . . . . e . . . . . e . . $19.98 Pipef itter Fore�man. . . . . . . . . . . $21.48 Mechanical Inspector. . . . . . . . . . $21.48 Senior Mechanical Inspector-Pipefitter. $22.48 _ **The May 1, 1983, hourly wage rates ia this contract will be negotiated at a later date. If the IInion elects to have the contributions listed in Appendix D • . increased or decreased, the Employer may ad�ust the above applicable rates for participating e�nployees in such a way that the total cost of the package (wage rate plus contributions) remains constant. � • - C2 - . � � � �'�'�'�� APPENDIX D , Effective May 4, 1981, the II�LOYER shall: ' (1) contribute $2.00 per hour from which payroll deductions have ' been made for all hours worked by participating employees as def ined in Articles 12.3, 12.4 and 12.5 of thie AGREIIKENT, , to a Union designated Credit Union. (2) contribute $ .58 per hour for all hours worked by participating emploqees as defined in Articles 12.3, 12.4 and 12.5 of this AiGREF2IENT, to a Health and Welfare Fund. Effective July 1, 1981 � this contribution shall become .73 per hour. (3) contribute $ .63 per hour for all hours worked by participating employees as def ined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT to the Pension Fund. • (4) contribute $ .07 per hour for all hours worked by participating ' employees as def ined in Articles 12.3, 12.4 and 12.5 of this AGREII�IENT, to the Journeyman and Apprenticeship Training Fund. C5� contribute $ .03 per hour for all hours worked by participating employees as def ined in Articles 12.3, 12.4 and 12.5 of this AGREII�tENT to the General Benefit Fund. Effective May 1, 1983, this' contribution shall become $ .04 per hour. Al1 contributions made in accordance with tttis Appendix shall be forwarded to ' the Ztain City Pipe Traders Service �Association. The II�'LOYER shall establish Worl�an's Compensation and Unemployment Compensa-± tion programs as required by Minnesota Statutes. � • - Dl - I . . . . � � � . . . . . � . , , . APPENDIX D (continued) . The E�IPLOYER'S fri e benef it bli a ion to artici atin em lo ees as � � o � t P P 8 P Y def iaed in Articles 12.3� 12.4 and 12.5 is limited to the contributions and/or deductions established by this AGREEMENT. The actual level of benefits pro- vided to employees shall be the responsibility of the Trustees of the various funds to which the II�LOYER has forwarded contributions and/or deductions. � • - D2 - • i ., - . �'�'�'�� APYENDIX E - • . WORKII3G CONDITIONS FOR SENInR MECHANICAL INSPECTORS, MECHANICAL INSPECTORS, REFRIGERATION INSPECTORS AND GAS BURNER INSPECTORS .l�s a result of the 1974 settlement, the Parties have established craf t- determined rates for Senior Mechanical Inspectors, Mechanical Inspectors, -Befrigeration Inspectors and Gas Burner Inspectors, with specif ic under- ,standing that such agreement is restricted to establishing rates of pay for such classif icatioas. It 3s, consequently, agreed that the II�LOYER in applying Article 3 - 'E�IAYE;R RIGHTS - of the MAINTENANCE LABOR AGREEMENT, shall have the right tn operate the Depar�ent in the same manner as heretofore, with -management rights unaffected, and that the establist�ent of separate =ates for these classif ications as well as for Inspector classifications . 3n other Bargaining Units, may not result in disputes over assigr�meats . :�r over rates of pay for work performed, nor will any jurisdictional claims ar iestr3.ctians be asserted by the UNION because members of various Inspector classifications are assigned to work which is also performed by ather Znspector classifications. , II • _ El - INDEX ,ARTICLE TITLE PAGE . • Preamble �ii I . Purpose 1 II Recognition 2 III Employer Rights 3 IV Union Rights q V Scope of the Agreement 5 w VI , Probationary Periods ( VII Philosophy of Employment and Compensation 7 VIII Hours of Flork g IX (?vertime ' 9 X Ca11 Back 10 XI Work Location 11 XII Wages 12 XIII Fringe Benefits 14 XIV Selection of Foreman and General Foreman 15 XV Retirement 16 XVI Hol.idays 17 XVII Disciplinary Procedures 18 XVIII Absences From Work � 19 XIX Seniority 20 • XR Jurisdiction 21 XXI Separation 22 � XXII Tools 23 XXIII Grievance Procedure 2!� XXIV Right of Subcontract 2g XXV Non-discrimination 30 XXVI Severability 31 XXVII Waiver 32 XXVIII Mileage-Independent School District No. 625 33 XXIX Sa£ety , 34 XXX Legal Services 35 XXXI Duration and Pledge 36 Appendix A �A1 Appendix B gl Apgendix C C1 Appendix D D1 Appendix E E1 � - l - ii - P R E A M B L E _ . This AGREEMENT is entered into between Independent School District No. 625, hereinafter ref erred to as the II�IPLOYER and the United Association Plumbers Local 34 hereinafter referred to as the UNION. � The ENIPLOYER and the UNION concur that this AGREF�IENT has as its ob�ective the promotion of the responsibilities of the City of Saint Paul for the�benefit of the general public through effective labor-management cooperation. The EMPLOYER and the UNION bath realize that this goal depends not ' � • only on the words in the AGREEMENT but rather primarily on attitudes between people at all le�vels of responsibility. Constructive attitudes of the IIyiPLOYER, the tJI�IION, and the individual employees will .best serve the needs of the general public. - 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, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; , , 1.12 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the F22PLOYER and the UNION; 1.13 Establish procedures to orderly and peacefully resolve disputes as to the application or inter- pretation of this AGREII�fENT without loss of � manpoF�er productivity. 1.2 The II�IPLOYER and the UNION agree that this AGREEMENT serves as a supplement to legislation that creates and directs 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 that part in conflict so that it conforms to the statute as provided by Article 26 (SEVERABILITY) . � ' � - 1 - ARTICLE II - RECOGNITION 2.1 The F�IPLOYER recognizes the UNION as the exclusive representative � for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisional, temporary, and emergency employed in the classes of positions defined in 2.2 as certif ied by the Bureau of Mediation Services in accordance with Case No. 73-PR-527-A dated May 11, 1973. 2.2 The classes of positions recognized 'as being exclusively represented ' by the UNION are as listed in Appendix A. ' � � - 2 - ARTICLE III - EMPLOYER RIGHTS : � 3.1 The EMPLOYER retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish anc� modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this AGREEMENT. ' 3.2 Any "term or condition of employment" not established by this AGREEMENT shall remain with the EMPLOYER to eliminate, modify, or establish following written notification to the UNION. • � � . - 3 � ARTICLE IV - UNION RIGHTS � 4.1 The EMPLOYER shall deduct from the wages of employees who authorize . such a deduction in writing an amount necessary to cover monthly � UI3ION duea. Such monies deducted ehall 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 � II�IPLOYER from any and all clai�s or charges made against the F�'LOYER as a result of the implementation of this ARTICLE. 4.2 The UNION may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the F�IPLOYER in writing of such • designation. Such employee sttall have the rights and responsibilities � as designated in Article 23 (GRIEVANCE PROCIDURE) . 4.3 Upon notification to a designated II�IPLOYER supervisor, the Business Manager of the UNION, or his designated representative shall be permitted to enter the facilities of the F�IPLOYER where employees covered by this AGREEMENT are working. � - 4 - ARTICLE V - SCOPE OF THE AGREEMENT � . 5.1 This AGREEMENT establishes the "terms and conditions of employment" def ined by M.S. 179.63, Subd. 18 for all employees exclusively �represented by the UNION. This AGREEMENT shall supersede such "terms and cond3.tions of employment" established by Civi1 Service Rule, Council Ordinance, and Council Resolution. � . i . ' - 5 - ARTICLE VI - PROBATIONARY PERIODS . 6.1 All personnel, originally hired or rehired following separation, in � a regular employment status shall serve a six (6) months' probationary � period during which time the employee's f itness and ability to perform the class of positions' duties and respansibilities shall be evaluated. 6.11 At any time during the probationary period an employee . may be terminated at the discretion of the II�IPLOYER without appeal to the provisions of Article 23 (GRIEVANCE PROCEDURE) . 6.12 An employee terminated during the .probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the UNION. 6.2 All personnel promoted to a higher class of positions shall serve a six � (6) months' promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsi- bilities shall be evaluated. 6.21 At any time during the promotional probationary period an employee may be demoted to the employee's previously held class of pasitions at the discretion of the EMPLOYER without appeal to the provisions of Article 23 (GRIEVANCE PROCEDURE) . 6.22 An employee demoted during the promotional probationary period shall be returned to the employee's previously held class of positions and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the UNION. � - 6 - ARTICLE VII - PHILOSOPHY OF IIyIPLOYMENT AND COMPENSATION � 7.1 The ENIPLOYER and the UNION are in full agreement that the philosophy of employm�nt and compensation shall be a "cash" hourly wage and "industry" fringe benefit system. 7.2 The EMPLOYER shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (WAGES) and 13 (FRINGE BENEFITS) . 7.3 No other compensation or fringe benef it shall be accumulated or earned by an employee except as specifically provided for in this AGREII�IENT; except those employees who have 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, between 7:00 a.m. and 5:30 p.m. 8.2 The normal work week ahall tie f ive (5) consecutive normal work days Monday through Friday. 8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER'S �udgment to establish second and third shifts or a work week of other than Monday through Friday, the UNION agrees to enter into negotiations immediately to establish the conditions of such shif ts 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 work day or per normal work week. • 8.5 All employees shall be at the location designated by their supervisor, • ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.6 All employees are sub�ect to call-back by the EMPLOYER as provided by Article 10 (CALL BACK) . 8.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless not�.fication has been given not to report for work prior to leaving home, or during the previous work day. � . _ � ' ARTICLE IX - OVERTIME � 9.1 Time on the payroll in excess of ehe normal hours set forth above shall be "overtime work" and shall be dane only by order of the �head of the department. An employee shall 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 shall be determined solely by the EI�LOYER. 9.2 The rate of one and one-half (1 1/2) 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 �ay 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 shall be the overtime rate for work performed under the following circumstances: 9.31 Time worked or_ a holiday as def ined in Article 16 - (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 all "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (1 1/2) . 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. i . '� _ g _ ARTICLE X - CALL BACK 10.1 The EMPLOYER retains the righC to call back employeea 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 receive a.minimum of four (4) hours pay at the basic hourly rate. 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9 (OVERTIME) , when applicable, and sub�ect to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME) . • � - 10 - ARTICLE XI - WORK LOCATION 11.1 Employees shall report to work location as assigned by a designated • . II�PLOYER supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the FMPLOYER. - 11.2 Employees assigned to work locations during the normal work day, other than their original assignment, and who are required to furni.sh � their own transportation shall be compensated for miLeage. • � � . - 11 - ARTICLE XII - WAGES 12.1 The basic hourly wage ratea as establiahed by Appendix C shall be • paid for all hours worked by an employee. � 12.2 Employees who are covered by the fringe benefits listed below shall continue to be covered by such benefits. They shall be sub�ect to all other.provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . " 12.21 Insurance benefits as established by City of Saint Paul � � Resolutions. 12.22 Sick Leave as established by Resolution No. 3250, Section 20. 12.23 Vacation as established in Section 1 H of the Salary Plan and � Rates of Compensation Resolution (6446) , however, employees in this bargaining unit, except Water Meter Serviceman, covered by this vacation provision, shall be granted vacation at the rate of 160 hours in each calendar year. Employees working in the class of Water Meter Serviceman shall be . covered by the vacation scheduled as stated in Section 1 H • of the Salary Plan and Rates of Compensation (6446) . 12.24 Nine (9) legal holidays as established by Resolution No. 6446, Section 1, Subdividion I. 12.25 Severance benefits as established by the School District's Severance Pay Plan with a maximum payment of $4,000. 12.26 The EMPLOYER will for the period of this AGREII�IENT provide for employees who are eligible for Employer's Health and Welfare benef its and who have retired since September 1, 1974 and until such employees reach sixty-five (65) years of age such health and life insurance benefits as were provided by the EMPLOYER at the time such employees retired. - 12 - � ARTICLE XII - WAGES (continued) � 12.27 Zn order to be eligible for the benefits under the provision of 12.26 the employee muat: � 12.27.1 Be receiving bene£its from a public employee retiree act at the time of retirement. 12.27.2 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 12.27.3 Inform the Personnel Off ice of the City of Saint Paul in writing within 60 days of employee's early retirement date that he or she wishes to be eligible for early retiree ' insurance benef its. 12.3 Regular employees not covered by the fringe benefits listed in Article Y2.2 shall be considered, for the purposes of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf � as provided for by Article 13 (FRINGE BENEFITS) . 12.4 Provisional, temporary, and emergency employees shall be considered, for the purposes of this AGREEMENT, participating eanployees and shall be compens�ted ' 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 (FRxNGE BENEFITS) . 12.5 All regular employees employed after February 15, 1974, shall be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benef�t contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.6 The provision of Article 12.5 shall not apply to employees working under the title of Water Meter Serviceman. � i � - 13 - ARTICL� XIII - FRINGE BENEFITS 13.1 The EMPLOYER shall make contributions on behalf of and/or make � deductions from the wages of employees covered by this AGREEMENT in accordance with Appendix D for all hours worked. ' - ' . . - � - 14 - � ARTICLE XIV - SELECTION OF FORE1'�1N AND G�IERAL FOREMAN 14.1 The selection of personnel for the class of position Plumber SForeman shall re�nain solely with the EMPLOYER. 14.2 The class of position Plumber Foreman shall be filled by employees of the bargaining unit on a "temporary assignment". 14.3 All "tempbrary assigrnnents" sha.11 be made only at the direction of a designated F.MPLOYER supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day. . • _ ' - 15 - ARTICLE XV - RETIRII�IENT 15.1 All employees shall retire from employment with the II�IPLOYER no • later than the last calendar day of tlie month in which an employee ' becomes sixty-five (65) years old. • � • - 16 - � ARTICLE XVI - HOLIDAYS 16.1 The following nine (9) days shall be designated as holidays: � New Year's Day, January 1 Presidents' Day, Third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Columbus Day, second Monday in October Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 16.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday sha1Z be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 16.3 The nine (9) holidays shall be considered non-work days. 16.4 If, in the �udgment of the II�LOYER, personnel are necessary for ! operating or emergency Yeasons, employees may be scheduled or "called back" in accordance with Article 10 (CALL BACK) . 16.5 Employees working on a designated holiday shall be compensated at the rate of two (2) t�nes the basic hourly rate for all hours worked. 16.6 In the case of Board of Education employees, if Presidents' Day, Columbus Day, or Veterans' Day falls on a day when school is in session, the employees shall work that day at straight time and another day shall be designat�d as the holiday. This designated holiday shall be a day on which school is not in session and shall be determined by agreement between the emplbyee and his supervisor. � '' -- 17 - AItTICLE XVII - DISCIPLINARY PROCEDURES . 17.1 The EMPLOYER shall have the right to impose disciplinary actions on � employeee for �ust cause. 17.2 Disciplinary actions by the EMPLOYER shall include only the following actions: 17.21 •Oral reprimand. 17.22 Written reprimand. 17.23 Suspension. � � 17.24 Demotion. � 17.25 Discharge. 17.3 Employees who are suspended, demoted, or discharged shall have the right to 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 23 (GRIEVANCE PROCIDURE) . � � - 18 - � � ARTICLE XVIII - ABSENCES FROM WORK 18.1 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. 18.2 Failure to make such notification may be grounds for discipline as provided in Article 17 (DISCIPL�NARY PROCEDURES) . 18.3 Failure to report for work without notif ication for three (3) ' consecutive normal work days may be.considered a "quit" by the EMPLOYER on the part of the employee. � � . - 19 - ARTICLE XIX - SENIORITY 19.1 Seniority, for the purposes of Chis AGREEMENT, shall be def ined as � follows: �19.11 "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. � 19.12 "Class Seniority" - The length of continuous regular and probationary service with the IIrIPLOYER from the date an employee was first appointed to a class title covered by this AGREEMENT. 19.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of 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 unclassif ied service of the IIrIPLOYER or to an elected or appointed full-time position with the UNION, . 14.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 19.4 In the event it is determined by the EMPLOYER that it is necessary 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 shall have the right to reinstatement in any lower-paid class title, provided, �employee has greater "Master Seniority" than the employee being replaced. 19.5 The selection of vacation periods shall be made by class title based on � length of "Class Seniority", sub�ect to the approval of the II�IPLOYER. - 2Q - ARTICLE XX - JURISDICTION � . 20.1 Disputea concerning work �urisdiction between and among unions is recognized as an appropriate sub�ect to determination by the various unions representing employees of the II�PLOYER. 20.2 The II�LOYER agrees to be guided in the assignment of worn �urisdiction by any mu�ual agreements between the unions involved. 20.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the II�iPLOYER shall meet as soon as mutual�.y possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the II�LOYER to"accomplish the work as originally assigned pending resolution of the dispute or to restrict the EMPLOYER'S basic right to assign work. • 20.4 Any employee refusing to perform work assigned by the II�IPLOYER and as clarified by Sections 20.2 and 20.3 above shall be subject to disciplinary action as provided in Article 17 (DISCIPLINARY PROCIDi3RES) . 20.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. • - I�� - 21 - ARTICLE XXI - SEPARATION 21.1 Employees having a probationary or regular employment status shall � be considered separated from employment based on the following �actions: 21.11 Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the eff•ective date of the resignation. 21.12 Retirement. As provided in Article 15. 21.13 Discharge. As provided in Article 17. 21.14 Failure to Report for Duty. As provided in Article 18. 21.2 Employees having an emergency, temporary, or provisional employment status may be terminated at the discretion of the EMPLOYER before the completion of a normal work day. • . - 22 - ARTICLE XXII - TOOLS � 22.1 All employees shall peraonally provide themselves with the tools of the trade as listed in Appendix B. � i -- 23 - ARTICLE XXIII - GRIEVANCE PROCEDURE 23.1 The EMPLOYER shall recognize Stewards selected in accordance with UNION � rules and regulations as the grievance representative of the bargaining 'unit. The UNION ahall notify the IIrIPLOYER in writing of the names of the Stewards and of their successors when so named. 23.2 It is recognized and accepted by the EMPLOYER and the UNION that the � processing of grievances as hereinafter provided is limited by the �ob duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities._ The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Steward and the employee have notif ied and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the � E*iPLOYER. 23.3 The procedure established by this ARTICLE shall be the sole and exclusive . procedure, except �for the appeal of disciplinary action as provided by 17.3, for the processing of grievances, which are defined as an alleged violation o£ the terms and conditions of this AGREEMENT. 23.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this AGREII�IENT, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the mutter is not resolved . � , - 2G - ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) � to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREIIVIII�TT violated, and the relief requested. Any alleged violation of the . AGREEMENT 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, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written . grievance a designated EMPLOYER supervisor shall meet with the UNION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLQYER shall reply in writing to the UNION within three (3) calendar days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. • - 25 - ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) Step 3. Within seven (7) calendar days following receipt of a . grievance referred from Step 2 a designated EhIF'LOYER supervisor shall meet with the UNION Business Manager or his designated representative and 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 UNION may refer the grievance to Step 4. Any grievance not ref erred in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. . � Step 4. If the grievance remains unresolved, the UNION may within seven (7) calendar days af ter the response of the II�PLOYER 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 by mutual agreement of the EMPLOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relations Board to submit a panel of five (5) arbitrators. Both the F.�iPLOYER and the • � - 26 - ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) UNION shall have the right to strike two (2) • names from the panel. The UNION shall strike the first (lst) name; the FMPLOYER shall then strike one (1) name. The process will be repeated and the remaining person shall be the i�rbitrator. 23.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the E�IPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or • regulations having the force and effect of law. The arbitrator's . decision shall be submitted in writing within thirty (30) days following close 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 and binding on the II�IPLOYER, the UNION and the employees. • _ - 27 - ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) 23.6 The fees and expenses for the arbitrator's services and proceedings • shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representative and witnesses. 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. � 23.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. • � • - 28 - ARTICLE XXIV - RIGHT OF SUBCONTRACT � 24.1 The IIKPLOYER may, at any time during the duration of this AGREEMENT, contract out work done by the employees covered by this AGREEMENT. "In the event that such contracting would result in a reduction of the w�rk force covered by this AGREEMENT, the II�PLOYER shall give - the UNION a ninety (90) calendar day notice of the intention to sub-contract. 24.2 The sub-contracting of work done by the employees covered by this A6RE�IENT shall in all cases be made only to employers who qualify in�accordance with Ordinance No. 14013. • . • - 29 - ARTICLE XXV - NON-DISCRIMINATION 25.1 The terins and conditions of this AGREEMENT will be applied to � employees equally without regard to, or discrtmination for or against, any individual because of race, color, creed, sex, age, or because of inembership or non�nembership in the UNION. 25.2 Employees will perform their duties and responsibilities in a � non-discriminatory ma.nner as such duties and responsibilities involve other employees and the general public. . . • • - 30 - ARTICLE XXVI - SEVERABILITY 26.1 In the event that any provision(s) of this AGREII�IENT is declared � to be contrary to law by proper legislative� administrative, or . �udicial authority from whose f inding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and eff ect. w 26.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the AGREEr1ENT in compliance with the legislative, administrative, or �udicial determination. . � _ � . - 31 - A1tTICLE XXVII - WAIVER 27.1 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 with respect to any sub�ect concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this AGREII�IENT. 27.2 Therefore, the EMPLOYER 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 UNION and II�IPLOYER may, however, mutually agree to modify any provision of this AGREEMENT. • 27.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this AGREEMENT, are hereby superseded. _ � - 32 - . . �� ARTICLE XXVIII - MILEAGE - INDEPENDENT SCHOOL DISTRICT ��625 � 28.1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the. use of their automobiles for school business. To be eligible for such reimbursement, employees must receive authorization from the District Mileage Committee utilizing one of the following plans: . PLAN "A" is reimbursed at the rate of 19C per � mile. In addition, 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 establishing the maximum amount can be the experience of another working in the same or similar position. Under this plan, 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 s.um" amount. This amount is determined by the empl�yee's driving experience under Plan "A" � for a period of 3 to 6 months. Those employees receiving an auto allowance under this plan must report monthly the number of days the car was avail- able during the month. A deduction must be made from the lump sum amount for each day the employee � is on vacation. A deduction nee.d not be made for an occasional day of illness or for holiday. � � - 33 - ARTICLE XXIX - SAFETY � 29.1 Ac�ident and in�ury free operations shall be the goal of the II�iPLOYER � and EMPLOYEES. To this end the II�PLOYER and I1�IPLOYEE will, to the best of their ability abide by, and live up to the requirements of the several State and Federal Construction Safety Codes and Regulations. 29.2 To this eltd the II�SPLOYER shall. from time to time issue rules or notices to his II�IPLOYEES regarding on the �ob saf ety requirements. Any EMPLOYEE violating such rules or notices shall be sub�ect to disciplinary action. No EMPLOYEE may be discharged for refusing to work under unsafe conditions, 29.3 Such safety equipment as required by governmental regulations, shall be provided without cost to the EMPLOYEE. At the II�IPLOYER'S option, the EMPLOYEES may be required to sign for safety equipment and shall ' be obligated to .return same upon discharge, layoff, quit or other • . termination in comparable condition as when issued, providing reason- able wear and tear. The EMPLOYER shall have the right to withhold the cost of such saf ety equipment if not returned. 29.4 The EMPLOYER agrees to pay $10.00 toward the cost of each pair of safety shoes purchased by an EMPLOYEE that is a member of this unit. The E�IPLOYER shall contribute for the cost of two pair of shoes per year and shall not be responsible for any additional cost for any additional shoes thereafter. This reimbursement of $10.00 per pair of shoes shall be made only after investigation and approval by the immediate supervisor of that employee. This $10.00 per pair of shoes contribution to be made by the E�IPLOYER shall apply to those employees who must wear protective shoes or boots for their employment. _ . - 34 - ARTICLE XXX - LEGAL SERVICES • 30.1 Except in the case of malfeasance in office or willful or wanton neglect of duty, the I�2IPLOYER shall defend, save harmless arid indemnify an employee and/or his estate against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission in ttze operation of a city-owQed motor vehicle occurring in the performance and scope of the employee's duties. � • - ' - 35 - ARTICLE XXXI - DURATION AND PLEDGE 31.1 This AGREEMENT shall become effectiye as of the date of aigning, . � except as epecifically provided otherwise in Articles 12 and 13, and shall re�nain in effect through the 30th day of April, 1984, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 31.2. However, both parties agree to reopen this Agreement solely for the purpose of negotiating the wage rates for May 1, 1983. 31.2 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 AGREEMENT shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided, that the AGREEMENT may only be so terminated or modified effective as of the expiration date. • 31.3 In consideration of the terms and conditions of employment established by this AGREEMENT and the recognition that the GRIEVANCE PROCEDURE herein established is the means by whicti grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the AGREEMFNT: 31.31 The UNION and the employees will not engage in, instigate, or condone any concerted action in which employees £ail to report for duty, willfully absent .themselves from work, stop work, slow down their work, or absent themselves in whole or part � from the full, faithful performance of their duties of employment. • - 36 - ARTICLE XXXI - DURATION AND PLEDGE (continued) � 31.32 The F�IPLOYER will not engage in, instigate, or condone any lock-out of employees. 31.33 This constitutes a tentative agreement between the parties which will be recommended by the � School Board Negotiator, but is sub�ect to the . approval of the 5chool Board, the Administration of the City, and is also sub�ect to ratif ication by the UNION. AGREED to this o�� day of;%�s�� , 1981, and attested to as the full and complete understanding of the parties for the period of time herein s,.�c�.- �fied by the signature of the following representative for the EMPLOYER and the UNION: �'� WITNESSES: I ENDENT SCHOOL DIS�ICT N0. 625 UNITED ASSOCIATION PLU�IBERS LOCAL 34 ; . � ,.► . (� ✓ .� School oard Negotiator B fiess Manag 'r Superintendent, Independent School District No. 625 � • � II -- 37 — I APPENDIX A � The classea of positions recognized by the IIrIPLOYER as being exclusively represented by the UNION are as follows: Plumber-Foreman Apprentice Plumber • Senior Plumbing Inspector . Plumbing Inspector Plumbing Inspector--Water Department Water Meter Serviceman and other classes of positions that may be established by the II�PLOYER where the duties and responsibilities assigned comes within the • 3urisdiction of the UNION. � . - A1 - APPENDIX C • � The basic hourly wage rate for provisional� regular and probationary employees appointed to the following classea of positions and not receiving the fringe benef its listed in Article 12.2 shall be: Effective Effective Effective Effective Effective May 1, 1981 June 15,1981 July 1,1981 May 1, 1982 May 1,1983 Plumber . . . T . . . $14.11 $14.11 $13.96 $15.88 *** Plumber-Foreman . . . $15.26 $15.55 $15.40 $17.33 *** Plumbing Inspector. . $15.26 $15.55 $15.40 $17.33 *** Plumbing Inspector- Water Department . . $15.26 $15.55 $15.40 $17.33 *** Senior Plumbing Insp. $16.03 -$16.51 $16.37 $18.29 *** The basic hourly wage rate for temporary and emergency employees appointed to the following classes of positions shall be: � _ Effective Ef_fective Effective Effective Effective May 1, 1981 June 15,1981 July 1,1981 May 1, 1982 May 1,1983 Plumber . . . . . . . $14.67 $14.67 $14.52 $16.52 *** Plumber-Foreman . . . $15.87 $16.17 $16.02 $18.02 *** Plumbing Inspector. . $15.87 $16.17 $16.02 $18.02 *** Plumbing Inspector- Water Department . . $15.87 $16.17 $16.02 $18.02 *** Senior Plumbing Insp. $16.67 $17.17 $17.02 $19.02 *** Apprentice 0 - 6 months . . . . . . . . 50� of Plumber rate 7 - 12 months. . . . . . . . 55% of Plumber rate 13 - 18 months. . . . . . . . 60% of Plumber rate 19 - 24 months. : . . . . . . 65% of Plumber rate 25 - 30 months. . . . . . . . 70% of Plumber rate 31 - 36 months. . . . . . . . 75% of Plumber rate 37 - 42 months. . . . . . . . 80% of Plumber rate 43 - 48 months. . . . . . . . 85% o£ Plumber rate � 49 - 54 months. . . . . . . . 90% of Plumber rate 55 - 60 months. . . . . . . . 95X of Flumber rate _ - C1 - APPENDIX C (continued) The basic hourly wage rate for regular employees appointed to the � � fallowing classes of positions who are receiving the fringe benef its listed in Article 12.2 shall be: Effective Effective Effective Effective Maq 1, 1981 June 15,1981 May 1, 1982 May 1, 1983 Plumber . . . . . . $14.51 $14.51 * *** Plumber-Foreman . . $15.50 $15.75 * *** Plumbing Inspector. $15.50 $15.75 * *** Plumbing Inspector- Water Department . $15.50 $15.75 � *** Senior Plumbing Insp. $16.16 $16.58 * *** The basic hourly wage rate for the class of Water Meter Serviceman � shall be: � � Effective Effective Effective May 1, 1981 Ma� I, 1982 May 1, 1983 0 - 6 months of continuous service � $10.50 ** *** After completion of 6 months of continuous service $10.88 ** *** � - C2 - APPENDIX G (continued) � *The May 1, 1982, hourly wage rates in this contract will be the rates as shown below less 'the cost of sick leave usage for 1981 and less the cost of pensions and vacation for 1982 and less the cost of health and life inaurance for the period May 1, 1981, thru April, 1982, incurred by the employer for employees in this bargaining unit. Plumber . . . . . . . . . •. . . . . . . . . $19.98 Plumber Foreman . . . . . . . . . . . . . . $21.48 Plumbing Inspector. . . . . . . . . . . . . $21.48 Plumbing Inspector-Water Department . . . . $21.48 Senior Plumbing Inspector . . . . . . . . . $22.48 **The May 1, 1982, hourly wage rate for Water Meter Serviceman will be as shown below. • 0 - 6 months of continuous service . . . $ .38 per hour less than the after 6 months rate shown below. After completion of 6 months of continuous service. . . . . . . . . . . 75% of the May 1,1982 rate for the title of Plumber applicable to employees who are receiving fringe benefits listed in Article 12.2 less the cost of Early Retirement Insurance for this title. ***The May 1, 1983, hourly wage rates in this contract will be negotiated at a later date. If the Union elects to ha.ve the contributions listed in Appendix D increased or decreased, the Employer may ad�ust the above applicable rates for participating employees in such a way that the total cost of the package • (wage rate plus contributions) remains constant. - C3 - APPENDIX D � Effective May 1, 1981, the F�iPLOYER shall: (1) contribute $1.52 per hour from which payroll deductions have . been made for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT, to a UNION designated Credit Union. (2) contribute $ .71 per hour for all hours worked by participating . employees as def ined in Articles 12.3, 12.4 and 12.5 of this AGREF�fENT, to the Health and Welfare Fund. Effective July 1, 1981, this contribution�shall become $ .86 per hour. (3) contribute $1.13 per hour for all hours worked by partici- pating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT, to the Pension Fund. (4) contribute $ .08 per hour for all hours worked by participating . employees as def ined in Articles 12.3, 12.4 and 12.5 of this AGREIIr1ENT, to the Journeyman and Apprenticeship Training Fund. (S) contrib.ute $ .02 per hour for all hours worked by participating employees as def ined in Axticles 12.3, 12.4 and 12.5 of this AGREII�IENT to the General Benef it Fund. � All contributions made in accordance with this Appendix shall be forwarded to the ltain City Pipe Traders Service Association. The Employer shall establish Worlanan's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. 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 deduct�ons • established by this AGREEMENT. The actual level of benefits provided to empldyees shall be the responsibility of the Trustees of the various funds to which the II�iPLOYER has forwarded contributions and/or deductions. � - ni - ` 2�"�� APPENDIX E � WORKING CONDITIONS FOR SENIOR PLUAIBING INSPECTORS AND PLUMBING INSPECTORS As a result of the 1974 settlement, the Parties have established craft-determined rates for Senior Plumbing Inspectors and for Plumbing Inspectors, with the specific • understanding that such agreement is restricted to established rates of pay for such classif ications. . It is, consequently, agreed that the Employer in applying Article 3. EMPLOYER RIGHTS - of the MAINTENANCE LABOR AGREEMENT, shall have the right to operate the Department in the same manner as heretofore, with management rights unaffected, and that the establishment of separate rates for these classifications as well as for Inspector classifications in other Bargaining Units, �nay not result in disputes over assign- • ments or over rates of pay for work performed, nor will any 3urisdictional cYaims or restrictions be asserted by the Union because members af various Inspector classi- f ications are assigned to work which is also performed by other Inspectar cl�ssi- fications. s - El - • INDEX . ARTICLE TITLE PAGE Preamble �.i�. I Purpose 1 II Recognition � 2 . III Employer Rights 3 IV Union Rights q V Scope of Agreement 5 . VI Probationary Periods 6 VII Philosophy of Employment and Compensation 7 VIII Hours of Work • g IX Overtime 9 � Call Back 10 XZ _ Work Location 11 XII Wages ' 12 XIII Fringe Benefits 14 XIV Selection of Foreman and General Foreman 15 XV Retirement . 16 XVI Holidays 17 XVII Disciplinary Procedures 18 � XVIII Absences From Work 19 • XIX Seniority 20 XX Jurisdiction 21 XXI Separation 22 XXII Tools 23 }IXIII Grievance Procedure 24 XXIV Right of. Subcontract 28 XXV � Non-Discrimination , 29 XXVI Severability 30 XXVII Waiver 31 XXVIII Mileage - Independent School District No. 625 32 XXIX Duration and Pledge 33 Appendix A A1 Appendix B B1 Appendix C C1 A�,pendix D D1 • ' - ii - • P R E A M B L E This AGREEMENT is entered into between Independent Schoal District • No. 625, hereinafter referred to as the FMPLOYER and the Sheet Metal Workers International Association Local 76 �ereinafter referred to as the UNION. The EMPLOYER and the UNION concur that this AGREEMENT has as its pb�ective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-Jmanagement cooperation. The IIrIPLOYER and the UNION both realize that this goal depends not • anly on the words in the AGREEt�fENT but rather primarily on attitudes between people at all levels of responsibility. Constructive at�itudes of the EMPLOYER, the UNION, and the individual employees will best serve the needs of the general public. . • - iii - ARTICLE I - PURPOSE • 1.1 The EMPLOYER ans� the UNION agree that the purpose for entering into this AGREII�tENT is to: 1.11 Achieve orderly and peaceful relations� thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; . 1.12 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the EMPLOYER and the UNION; 1.13 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this AGREEMENT without loss of manpower productivity. � 1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a supplement to legislation that creates and directs the EiKPLOYER. If any part of this AGREEMENT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 26 (SEVERABILITY) . • ' I - 1 - ARTICI.E II - R�COGNITION ' 2.1 The EMP�.O1'ER �recognizea the UNION as the exclusive 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 defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-513-A dated May 15, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. � � • - 2 �. ARTICLE III - EMPLOYER RIGHTS 3.1 The EMPLOYER retains the right to operate and manage all manpower, • 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 to perform any inherent managerial function not specifically limited by this AGREEMENT. , ,3.2 Any "term or condition of employment" not established by this AGREEMENT shall remain with the EMPLOYER to eliminate, modify, or establish following written notification to the UNION. . • - 3 - ,I ARTICLE IV - UNION RIGIiTS 4.1 Ttte EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly • UNION dues. Such monies deducted shall be remitted as 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�IPLOYER from any and all claims or charges made against the EMPLOYER as a result of the implementation of this ARTICLE. 4.2 The UNION may designa.te one (1) employee from the bargaining unit to act as a Steward and shall inform the EhfPLOYER in writing of such designation. Such employee shall have the rights and responsibilities � as designated in Article 23 (GRIEVANCE PROCEDURE) . 4.3 Upon noLif ication to a designated EMPLOYER supervisor, the Business Manager of the UNION, or his designated representative shall be premitted to enter the facilities of the FMPLOYER where employees covered by this AGREEMENT are working. � - 4 - • ' ARTICLE V - SCOP� OF TEiE AGREF��IENT , 5.1 This AGREEMENT establishes the "terms and conditions of employment" defined by M.S. 179.63, Subd. 18 for all �mployees exclusively represented by the UNION. This AGREEMENT shall supersede such "terms and conditions of employment" established by Civil Service Rule, Cou�cil Ordinance, and Council Resolution. � _ • - S - � � ARTICLE VI - PROBATIONARY PERl'ODS � 6.1 Al2 personnel, originally hired or rehired following separation, in . i a regular employment st�tus shall serve a six (6) months' .probationary period during which time the employee's fitness and ability to perform � the class of positions' duties and responsibilities shall be evaluated. 6.11 At any time during the probationary per.iod an � employee may be terminated at the discretion of the EMPLOYER without appeal to the provisions of Article 23 � (GRIEVANCE PROCEDURE) . 6.t2 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the UNION. 6.2 All personnel promoted to a higher class of �ositions shall serve a � six (6) months' promotional probationary period during which time the employe�'s fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.21 At any time during the promotional probationary period an employee may be demoted to the employee's previously held class of positions at the discretion of the EMPLOTER without appeal to the provisions of Article 23 (GRIEVANCE PROCRDURE) . 6.22 An employee demoted during the promotional probationary period shall be returned to the employee's previously held class of positions and shall receive a written notice of the reasons for demotion� a copy of which shall be sent to the UNION. • - 6 - . . ��"�� ARTICLE VII - PIiILOSOPHY OF II�IPLOYMENT AND COMPENSATION • 7.1 The EMPLOYER and the UNION are in full agre�ment 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 employees for all hours worked at the basic hourly wage rate and hourly frin�e 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 specif ically provided for in this AGREEMENT; except those employees who have 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 ($) con�ecutive hours per day, � excluding a thfrty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 8.2 The normal wc�rk week shall be five (S) consecutive normal work days bionday through Friday. 8.3 If, during the term of this AGREF�IENT, it is necessary in the EMPLOYER'S �udgment to establish second and third shifts or a work week of other than Monday through Friday, the UNION agrees to enter into negotiations immediately to establish the 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 work day or per normal work week. O 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting ±ime and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.6 Al1 employees are sub3ect to call-back by the ETiPLOYER as provided by Article 10 (CALL-BACK) . 8.7 �nployees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notif icatien has been given not to report for work prior to leaving home, or during the previous work day. � - 8 - " ARTICLE IX - OVERTIME S9.1 All overtinie compensated for by the EMPLOYER must reeeive prior authorization from a designated Eh1PL0YER supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance approval has been �- obtained. 9.2 The overtime rate of one and one-half (1z) the basic hourly rate shall be paid for work performed under the following circumstances: 9.21 Time worked in excess of eight (8) hours in any one normal work day and 9.22 Time worked on a sixth (6th) day •following a normal work week. • 9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the following circumstances: 9.31 Time worked on a holiday as defined in Article 16 (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 all "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (1'�) . 9.4 For the purposes of calculating overt:ime compensation overtime hours . worked shall not be "pyramided", compounded, or paid twice for the � � same hours worked. � 9.5 Overtime hours worked as provided by this ARTICLE shall be paid in castt. - .9 - ARTICLE� X - CALL BACK . 10.1 The EMPLOYER retains the right to call back employees before an i 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 rec�ive a ninimum of four (4) hours pay at the basic hourly rate. i0.3 The hours worked based on a call-back shall be compensated in accordance with Article 9 (OVERTIME) , when applicable, and sub�ect to the minimu� established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 • (OVERTIME). � � - io - ARTICLE XI - WORK LOCATION � �' 11.1 Employees shall report to work location as assigned by a designated II�PLOYER supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the F�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 � _ �� _ il _ ARTICLE XII - WAGES 12.1 The basic hourly wage rAtes as established by Appendix C shall be � paid for all hours worked by an employee. 12.2 Employees who are covered by tlie fringe benefits listed below shall continue to he covered �y sa`h benef its. They shall be sub�ect to all other provisions of the AGREEMENT, but shall not have hourly fringe benef it contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . � 12.21 Insurance benefits as established by City of Saint Paul Resolutions including lif e, hospital and health insurance for early retirees who have retired since February 1, 1975. , In order to be eligible for the health benefits under the early retiree provision, the employee must: 12.21.1 Be receiving benef its from a public employee retirc�nent act at the time of retirement. • 12.21.2 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 12.21.3 Inform the Personnel Off ice of the City of Saint Paul in writing within 60 days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. I2.22 Sick Leave as established by Resolution No. 3250, Section 20. 12.23 Vacation as established by Resolution No. 6446, Section I, Subdivision H, however, employees in this bargaining unit, covered by this vacation provision, shall be granted vacation at the rate of 160 hours in each calendar year. 12.24 Nine (9) legal holidays as established by Resolution No. 6446, Section I, Subdivision I. � 12.25 Severance benefits as established by the School Uistrict's Severance �'ay Plan with a ma�.imum payment of $4,000. � - 12 - ARTICLE XII - WAGES - (continued) � 12.3 Regular employees not covered by the fringe benefits listed in Article 12.2 shall be considered, for the purposes of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.4 Provisional, temporary, and emergency employees shall be considered, for . the purposes of this AGREEMENT, participating employees and shall be com- pensated in accordance with Article 12.1 (WAGES) and have fringe benef it contributions and/or deductions made in their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.5 All regular employees employed after February 15, 1974, shall be considered, • for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . s � - - 13 - ARTICLE XIII - FRINGE B�NErITS 13.1 The II°fPLOYER shall make contributions on behalf of and/or � make deductions from the wages of �nployees covered by this AGREII�IENT in accordance with Appendix D for all hours worked. • ' • - 14 - ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FORF�WN • 14.1 The selection of personnel for the class of position Sheet Metal Forea►an shall remain solely with the EMPLOYER. 14.2 The class of position Sheet Metal Foreman shall be f illed by employees of the bargaining unit on a "temporary assignment". 14.3 All "temporary assigrnnents" shall be made only at the direction _ of a designated EMPLOYER supervisor. 14.4 Such "te�►porary assigx�ments" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day. • � • - 15 - ARTICLE XVI - HOLIDAYS � 16.1 The following nine (9) days shall be designated as holidays: New Year's Day, January 1 Presidents' Day, Third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September. Columbus Day, second Monday in October Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 � 16.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday. shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 16.3 The nine (9) holidays shall be considered non-work days. • 16.4 If, in the �udgment 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) . 16.S.Employees �vork3ng on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 16.6 In the case of Board of Education employees, if Presidents' Day, Columbus L�ay or Veterans' Day falls on a day when school is in session, the employees shall work ::hat day at straight time and another day shall be designated as the holiday. This designated holiday shall be a day on which sctiool is not in session and shall Ue determined by agreement between the employee and his supervisor. � � - 17 - ARTICLE }{VII - DISCIPLINARY PROCE�URES 17.1 The EMPLOY�R shall have the right to impose disciplinary actions on � employees for �ust cause. 17.2 Disciplinary actions by the EMPLOYER shall include only the following actions: . 17.21 • Oral reprimand 17.22 Written reprimand , , 17.23 Suspension . 17.24 Demotion 17.25 Discharge • 17.3 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designa.ted Board of Review. The Civil Service • Comtaission, or a designated Board of Review, shal.l be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appeal of a suspension, demoticn, or discharge shall be considered a "grievance" for the purpose of processing through the provisions of Article 23 (GRIEVANCE PROCIDURE) . � � - 18 - ARTICLE XVIII - ABSENCES FROM WORK '�� " � `��'•" . " 18.1 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 auch work day. 18.2 Failure to make such notification may. be grounds for discipline as provided in Article 17 (DISCIPLINARY PROCEDURES) . 18.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a "quit" by the IIiPLOYER on the part of the employee. • � ' _ 19 _ i ARTICLE XIX - SENIORITY • 19.1 Seniority, for the purposes of this AGREEMENT, shall be def ined as � f ollows: 19.1I "Master Seniority" - the length of continuous re�ular • and probationary service with the EMPLOYER from the last date of employment in any and all class titles � covered by this AGREEMENT. 19.12 "Class Seniority" - the J_ength of continuous regular � and probationary service with the EMPLOYEP. from the � date an employee was first appointed to a class title covered by this AGREEMENT. 19.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of 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 unclassif ied service of the EMPLOYER or to an elected or ap�ointed full-time position with the UNION. 19.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 19.4 In the event it is determined by the II�IPLOYER that it is necessary 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 shall have the right to reinstatement in any lower-paid class title, provided, employee has greater "Master Seniority" than the employee being replaced. 19.5 The selection of vacation periods shall be made by class title based on � length of "Class Seniority", sub�ect to the approval of the II�tPLOYER. - 20 - - ARTICLE� XX - JURISDICTION ! 20.1 Disputes concerning work �urisdiction between and among unions is recognized as an appropriate sub�ect for determination by the various unions representing employees of the F.MPLOYER. , 20.2 The EMPLOYER agrees to be guided in the assignment of work �urisdiction by any mutual agreements betwee� the unions involved. 20.3 Zn the event of a dispute concerning the performance or assignment of � work, the unions involved and the F�iPLOYEP. shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the:right of the EMPLOYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict the EMPLOYER'S basic right to assign �vork. • 20.4 Any employee refusing to perform work assigned by the IIVIPLOYER and as clarif ied by Sections 20.2 and 20.3 above shall be sub�ect to disciplinary action as provided in Article 17 (DISCIPLINARY PROCEDURES) . 20.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assigrunent. • . - 2L - ARTICLE XXI - SEPARATION 21.1 Emplayees having a probationary or regular employment status shall . be considered separated from employment based on the following actions: 21.11 Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar . • days prior to the effective date of the resignation. 21.12 Retire�ent. As provided in .Article 15. . 21.13 Discharge. As provided in Article 17. 21.14 Failure to Report for Duty. As provided in Article 18. 21.2 Employees having an emergency, temporary, or provisional employment status may be terminated at the discretion of the EMPLOYER before the completion of a normal work day. . • - • - 22 - , . ' ARTICLE XXIII - GRI�VANCE PROCIDURE (continued) ' � • ' to the employee's satisfaction by the informal discussion it may be reduced Co writing and referred to Step 2 by the UNION. The written� grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREII�IENT violated, and the relief requested. Any alleged violation of the AGREEAiENT not xeduced to writing by the UNION within seven (7) calendar days of the f irst 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, shall be considered waived. � � Step Z. Within seven (7) calendar days after receiving the written � grievance a designated EMPLOYER supervisor shall meet with the UNION Steward and attempt to resolve the grievance. If, as a result of this meetin�, the grievance remains unresolved, ' the II�IPLOYER shall reply in writing to the UNION within three (3) calendar days following this meeting. The IJI�ION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the F.�SPLOYER'S answer shall be � considered waived. • i - 25 - ARTICLE XXIII - GRI�VANCE PROCEDURE (cont�nued) Step 3. Within seven (7) calendar days foZlowing receipt of a grievance � re ferre d from Step 2 a designated II�IPLOYER supervisor shall meet with the UNION Business Mana�er or his desi�nated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the EMPLOYER shall reply in writing . to the UPdION stating the IIIPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred 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 UNION may within seven (7) calendar days after the response of the EMPLOYER in Step 3, by � written notice to the F�IPLOXER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relations Board to submit a panel of five (5) arbitrators. Both the II�SFLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION shall strike the f irst (lst) name; the F�IPLOYER � shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. _ • - 26 - ARTICLE XXIII - GRIEVANCE PROCIDURE (continued) � 23.5 The arbitrator shall have no right to ar.iend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREF2�1fENT. The arbitrator shall consider and decide only the specif ic issue submitted in writing by the F�IPLOYER and the UNION and shall have no authority to make a decisi,on on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close 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 AGREII✓ENT and to . the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UNION, and the employees. 23.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representative and witnesses. 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. 23.7 The time limits in each step of this procedure may be eatended by mutual agreement of the EMPLOYER and the UNION. • . - 27 - ARTICLE- XXIV - RIGHT OF SUBCOIdTRAC'� 24.1 The EMPLOYER may� at any time during the duration of this �. AGREEMENT, contract out work done by the employees covered by this AGREEMENT. I�n the event that such contracting would result in a reduction of the work force covered by this AGREEMENT, the EMPLOI'�R shall give the UNION a ninety (90) calendar day notice of the intention to sub-contract. 24.2 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. • � - 28 - • ARTICLE XXV - NON-DISCRIMINATION 25.1 The terms and conditions of this AGREEMENT will be applied to • employees equally without regard to, ar discrimination for or against, any individual because of race, color, creed, sex, age, or because of inembership or non membership in the UNION. 25.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. • �I • - 29 - ARTICLE X}fVI - SEVERABILITY 26.1 In the event that any provision(s) of this AGREEM�VT is declared � to be contrary to law by proper legislative, administrative� or �udicial authority from whose f inding, determination, or decree no appeal is taken, such provision(s) shall be voided. Al1 other provisiona shall continue in full force and effect. 26.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the AGREEMENT in compliance with the legislative, administrative, or �udicial determination. • _ • - 30 - ARTICLE XXVII - WAIVER � 27.1 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 with respect to any sub�ect concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this AGREEMENT. 27.2 Therefore, the EMPLOYER 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 UNION and EMPLOYER may, however, mutually agree • to modify any provision of this AGREEPIENT. 27.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this AGREEMENT, are hereby superseded. � � - 31 - ARTICLE XXVIII - MILEAGE - INDEPENDL'NT SCHOOL DISTRICT N0. 625 28.1 Employees of the School District under policy adopted by the � Board of Education may Ue re�nbursed for the use of their auto- � mobiles for school business. To be eligible for such reimburse- ment, employees must receive authorization from the District Mileage Committee utilizing one of the following plans: PLAN "A" is reimbursed at. the rate of 19G per mile. In addition, 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 establishing the maximum amount can be the experience of another working in the same or similar position. Under this plan, 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 Plan "A" for a period of 3 to 6 months. Those employees � receiving an auto allowance under this plan must report monthly the number of days the car was avail- able during the month. A deduction must be made from the lump sum amount for each day the employee is on vacation. A deduction need not be made for an occasional day of illness or for holiday. • • � - 32 - ARTICLE XXIX - DURATION ANU PLEDGE 29.1 Thia AGREEMENT shall become effective as of Che date of signing, Sexcept as specifically provided otherwise in Articles 12 and 13, and shall remain in effect through the 30th day of April, 1984, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 29.2. However, both parties agree to reopen the Agreement solely for the purpose of negotiating the wage rates for May 1, 1983. 29.2 If either party desires to terminate or modify this AGREII�IENT, � effective as of the date of expiration, the party wishing to modify or terminate the AGREEMENT shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided, that the AGREEMENT may only be so terminated or modified eff ective as of � the expiration date. 29.3 In consideration of the terms and conditions of employment estab- lished by this AGREEMENT and the recognition that the GRIEVANCE PROCEDURE herein established is the means by which grievances con- cerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the AGREEMENT: 29.31 The UNION and the employees will not engage in, � instigate, or condone any concerted action in which employees fail to report for duty, will- fully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful perfor- � mancs of their duties of employment. '� - 33 - �'��,�!�� ARTICL� XXIX - DURATION AND PLEDGE (continued) � 29.32 The EMPLOYER will not engage in, instigate, or condone any lock-out of employees. 29.33 This constitutes a tentative agreement between the parties which will be recouunended by the . School Aistrict Negotiator, but is sub�ect to the approval of the Administration of the City, Independent School District No. b25 and is also sub�ect to ratification by the Association. ' AGREED to this (N� day of �-�,��1'J1i , I981, and attested to as the . full and complete understanding of the parties for the period of time herein � specified by the signature of the following representative far the F�t�II'LOYER and the ASSOCIATION: � WITNr,SSES: - SHEET METAL WORKERS INTERNATIONAL �EPENDENT SCHOOL DISTRICT N0. 625 ASSOCIATION, LOCAL 76 /• �l-�%12� t-G Sch ol Board Negoti or Bu iness rfanager Superintendent, Independent School District No. 625 i � . - 34 - I APPENDIX A � The classes of positions recognized by the EMPLOY�R as being exclusively represented by the UNION are as follows: Senior Mechanical Inspector-Sheet Metal, •Sheet Metal Worker - Foreman, Sheet Metal Worker, � Apprentice, � � Sheet Metal Inspector; � and other classes of positions that may be established by the II�IPLOYER where the duties and responsibilities assigned come within the jurisdiction of the UNION, • i � _ - �� - � APPENDIX B Tool Box � Whitney, Small Crescent Wrench or set of Open End Wrenches Center Punches Hacksaw Frame Chisels Small Hand Tongs � � 6' Folding Rule Screw Driver Scratch Awls Pliers Snips, Straight-aviation L and R Hammers (Tinners) • Dolly Bar Combination Square , Prick Punch 10' Tape Dividers . � - Bl - w _ , ��'�~j�� APPENDIX C . . • The basic hourly wage rate for provisional, regular and probationary� employees appointed to the following class of positions and not receiving the Fringe Benefits listed in Article 12.2 shall be: Eff ective Effective Effective May 6, 1981 May 1, 1982 May 1, 1983 Sheet Metal Worker. . . . . $15.28 $17.01 ** Sheet Metal Worker Foreman. $16.43 $18.16 ** . Sheet Metal Inspector . . . $16.43 $18.16 ** Senior Mechanical Inspector-Sheet Metal. . . $17.20 $18.93 ** The basic hourly wage rate for t�nporary and emergency employees appoinLed to the following class of positions shall be: • Eff ective �ffective Effective May 6, 1981 May 1, 1982 r:ay ls 1983 Sheet Metal Worker. . . . . $15.89 $17.69 *� Sheet Metal�Worker Foreman. $17.09 $18.89 *� .Sheet Metal Inspector . . . $17.09 $18.89 ** Senior Mechanical Inspector-Sheet rietal. . . $17.89 $19.69 ** The basic hourly wage rate for regular employees appointed to the following class of positions who are receiving the fringe benefits listed in Article 12.2 sha11 be: Effective Effective Effective May 6, 1981 May 1, 1982 May 1, 1983 Sheet Metal Worker. . . . . $14.22 * ** � Sheet Metal Worker Foreman. $15.18 * ** • Sheet Metal InspecCor . _. . $15.Q9 * ** Senior Mechanical Inspector-Sheet rietal. . . $15.73 * ** ' - C1 - � . APPENDIX C (continued) - . � *Ttie May 1, 1982 hourly wage rates in this contract will be the rates # as ahown below less the cost of sick leave usage for 1981 and less the cost of pensions, health and life insurance and vacation for 1982 incurred by the employer for employees in this bargaining unit. w Sheet Metal Worker. . . . . . . . . . . $19.96 Sheet Metal Worker-Foreanan. . . . . . . . $21.16 Sheet Metal Inspector . . . . . . . . . . $21.16 Senior Mechanical Inspector-Sheet Metal . $21.96 **The May 1, 1983, hourly wage rates in this contrac� will be negotiated at a later date. 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 employees in such a way that the total cost of the package (wage rate plus contributions) remains constant. � • - C2 - . _ p..b _ . . .�.�'�'�� . . APPENDIX D . � Effective May 6, 1981, the EMPLOYER shall: . (1) contribute $ .94 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT to a Welfare Fund. (2) contribute $1.12 per hour for all hours worked by participating employees as def ined in Articles 12.3, 12.4 and 12.5 of this AGRE�IENT to a Local Pension Fund. (3) contribute $ .12 per hour for all hours worked by participating employees as def ined in Articles 12.3, 12.4 and 12.5 of this AGREEMINT to a National Pension Fund. (4) deduct $1.20 per hour for all tiours worked from the earnings of participating employees as def ined in Articles 12.3, 12.4 and 12.5 of this AGREF,I�IENT, and forward to a Vacation Fund. (5) contribute $ .09 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT to the Journeyman and Apprenticeship Training �'und. The above contributions may be increased as lang as the applicable hourly • rates in Agpendix C far participating employees are decreased by the same total amount. All contributions and deductions made in accordance with this Appendix shall be forwarded to depositories as directed by the UNION. The F.MPLOYER shall establish Worl�an's Compensation and Unemployment Compen- sation programs as required by *linnesota Statutes. � The II�iPLOYER'S fringe benefit obligation to participating employees as defined in Articles 12.3, 1.2.4 and 12.5 is limited to the contributions and/or deductions established by this AGFEEMENT. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to tiThich the II�iPLOYER has forwarded contributions and/or deductions. • � - D1 - �v ��v� ucta�.�r ��„� memaranaum from thF resolu�ion so that this information will be f� `� PC �` � �!`�d� avaiiabie to the City Counci(. "��`1 . � 6 EXPLANATION OF ADMINISTRATIVE ORDERS, RESOLUTIONS, �AND ORDINANCES Date: October 26, 1981 RECENED T0: MAYOR GEORGE LATIMER NOV 1 31981 FR: Personnel Office �AYORS OFFICE RE: Resolution for submission to City Council ACTION REQUESTED We recommend your approval and subm�ssion of this Resolution to the City Council. PURPOSE AND RATIONALE FpR �HIS ACTION This resolution approves three separate 3 year Agreements between the Independent S ool District #625 and three Building Trade Unions, Pipefitters Local #455, Plumbers Loc 1 #34, and Slieet Metal Workers Local #76. These Agreements include wage settlements bas d on the settlement the individual unions reached with the private contractors associatinns. These contracts apply only to employees working for the ISD#625. The city has alread approved the contracts covering city employees. The settlement with the School Distr'ct is the same as that approved for the city. � �� a FINANCIAL IMPACT None. Not applicable to city employee s. - . . �� ATTACFIl�4ENTS: Resolution, Agreements and copy for City Clerk. WHITE - CITY CLERK (''�j�F'y�c PINK - FINANCE CANARY� � -�EPARTMENT COUIICII �,or s V B4Ubl�� - MAYOR C I T Y O F S A I N T PA U L File N O. � . uncil Resolution Presented By Referred To Committee: Date � Out of Committee By Date B�E IT RESQLVID, That the Council of the City of Saint Paul hereby certifies �nd approves the action of the City of Saint Paul Board of Appeals and Review pertain�ng to the follawing listed property and. as shown by the F�cexpted Minutes of said Boa.rd of Appeals and Review, da.t�ed Nov�nber 10, 1981, and marked E�IIBIT A, and attached hereto and made a part hexeof by refererice: DA'1'E OF BOA}.2D • MIN[J'i�5 CASE N0. PROPERZ'Y APP�T At�m 11/10/81 63-81-H 2381 Long Ave. aka Harry W. Mix,er 906 Raym�.d (14 �mits) BC�RD ACTION: Granted variance of St. Paul Legislative Code, Section 34.11, per#ain- ing to basic facilities, to nPrm;t continu�ed occu�.ncy of four un.i�ts where bathroom for eaah said unit is located outside its walls. Propexty Description: St. Anthony Park Lots 1 and 2, Bloc�c 80 ---------------------------- 10/10/81 65-81-H 406 Van Buren 'l�ias R. Rider (seven units) BO�RD AC'I'ION: Granted variance of St. Paul Legislative Code, 5ection 34.14, per�ain- ing to light and ventilation, tA pe.r�tit continued occupancy of ba.se�rent unit where available na.tural light is slightly deficient. Property Description: JohnstAne's Subdivision of Block 1 of Stinson's Addition Lots 36 and 37, Block 1 11/10/81 66-81-H 628-30 Mer�dota Raymond Appel & (10 units) Richard Wetzler COUNCILMEN Requested by Department of: Yeas Nays Hu�t Levine [n Favor Maddox McMahon Showalter - __ Ag8lllst BY — Tedesco Wilso� Adopted by Council: Date Form Approved by City Attorney Certified Passed by Council Secretary BY �l � �� . By� —_ Approved by 1+layor: Date _ Approved by Mayor for Submission to Council �BY - – — BY ; I , i'j:,^'•�.sq►,°. . . �- � �,�:� �._,- BQ�RD ACTION: Granted variarice of St. Paul Legislative Cod.e, Section 34.11, per- taining tr� basic facilities, to permi.t continued occupancy of five units sharing use of twr� ba,throcen facilities, provided that occupancy is so limited that no mr�re than five persons share use of each bathroom facility. Property Description: Dana and H�res Subdivision, Block 98 Lot 7 11/10/81 68-81-H 1078 Front Ave. Gretchen Schultz (three units) BC?1�RD ACTIOI�T: Granted. variances of St. Paul Legisla.tive Code, Section 34.14(4) , pertaining to sleeping space in cellars, to permit continued occuparicy of ba.sement agart�nt where sill height of sleeping roc�n window is slightly higher th��u�. required by code, and Section 34.14, perta.ining to light and ventilation, on condition that mechanical ventilation vented to outside be provided. in the kitchen, and that storm windaw in the sleeping ro�n be adjusted to provide an approved emergency escape window. Property Description: Ka].m�.n's Division No. 1 Addition Excepti.ng Alley, Lot 10 11/10/81 70-81-H 590 So. Snelling Richard A. Voss & (10 �its) Jerris G. Torgerson 71-81-H 1573 Hartford Av�. (Same as above) (10 units) BOARD ACTION: Granted variance of St. Paul Legislative Code, Section 13.03, pertain- ing to fire-rate�. smoke door enclosures in stair tr.�wers, on condi- tion that an approved. smke and fire detector wired. to a siren or audible alarm system be installed in baserrent c�orridor of each building. -2- -�-.--�'"d� /�-t'�` �/