00-636Council File # CC� — G G
4R�GiNAL
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented by
Referred To
Green Sheet # 08924
`1�
Committee Date
RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
May 1, 1999 through Apri130, 2002 Empioyment Agreement between the Independent School District
No. 625 and Sheet Meta1 Workers Internationai Associafion Local 10.
Requested by Department of:
Adopted by Council: Date \ o � o
,
Adoprion Certified by Council Secretar
By: a- f �
Approved 6y Mayor: Date �i `1 / Z��
B y: '�--6�4'�
Form Appr �d by CiTy Attome �
B : .� �
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Approved by ayor for Su mission to Council
By: /�}7/��
LABOR RELATiONS
CONTACT t'ERSON & PHONE:
JIJLIE KRAUS 266-6513
MUSf BE ON COIINCII. AGENDA BY (DATE)
TOTAL # OF
DA'� IN'z'`'�° GREEN SHEET No.: 08924 00 - C 3 L
Iune 19, 2000
� �ATE INfflALDATE
ASSIGN I DEPARTMENT DIlL� 4 GiTY COUNCIl,
7�i[py�gpt 2 CITY ATIORNEY CITY CLERK
FOR BUDCET DIR � F1N. & MGT. SERNCE DIIt-
ROUTING 3 MAYOR (OR ASST.)
ORDER
ALL LOCATIONS FOR SIGNATORE)
acriox xEQVFSrsn: This resolution approves the attached May 1,1999 tbmugh Apri130, 2002 Bmployment
Agreement between Independent School District No. 625 and Sheet Metal Workers Intemational Association
Local 10.
RECOMMENDATIONS: P.pprove (A) or Reject (R)
PLAI3MNGCOMMISSION CSViLSERVICE COM[vIISSION
CIBCAMNIITfEE �
STAFF
DISTRICT COUR7
SUPPORTS WfllCH COUNCIL OBIECTIVE?
YERSONAL SERViCE CONTRACfS AlUST AiVSR'EB THE FOLLAWING
QUESTIONS:
1. Has this peisonJEim eva woti:ed under a contrac: foi this depurt�nent?
Yes No
2. Has this persoN£mn ever bcen a city emPioyee? .
Yes No
3. Does tLis persoNfim� possess a skill not nomially possessed by any current city
Yes No
E:piain all yes auswere on separah s6at aad attseh to green shee[
INITIATING PROBLEM, ISSLJE, OPPORTUNTTY (FYhq What, W6eo, Where, Why):
See Attached
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ADVANTAGES IF APPROVED:
This resolution pertains to Boazd of Fducation employees only.
DISAl1VANTAGES IF APPROVED:
None.
Tv1SAllVAN7'A(:ES IF NOT APPROVED:
TOTAL AMOi7NT OF TRATISACI70N:
Fi3NDiNG SOURCE:
�uN � � a000
JUN 2 4 2040
COSTJREVFdKtJE BUDG�.TED:
RM Y\Tl Y tl'i�l Uu 13 �l ;i7
FINANCIAL INFORhTATION: (EXPI.A71V)
INDEPENDENT SCHOOL DtSTRICT NO. 625
BOARD OF EDUCATION Oo — <.
SAINT PAUL PUBLIC SCHOOLS
DATE: August 3, 1999
TOPIC: Approval of an Empioyment Agreement With Sheet Metal Workers
Association, Local 10, to Establish Terms and Conditions of Employment
for1999-2002
A. PERTINENT FACTS:
1. New Agreement is for the three-year period May 1, 1999 through April 30, 2002.
2. Contracf changes are as follows:
Holidavs: Changed holiday language to provide uniformity with other district contracts.
Waaes: Wage and benefit changes reflect prevailing wage for the industry. 7he thirtl year will
be a reopener for wages only.
3. The remaining language provisions of the previous contract remain essentially unchanged,
except for necessary changes to dates and outdated references.
4. The District has 4 regular F.T,E. in this bargaining unit.
5. This request is submitted by Sue Guibrod, Negotiations/Labor Relations Assistant Manager;
Richard Kreyer, Executive Director of Human Resources and Labor Relations; and William
Larson, Deputy Superintendent of Operations
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
Agreement concerning fhe terms and conditions of employmenf of those employees in this schoof
district for whom Sheet Metal Workers International Association, Local 10, is the exclusive
representative; duration of said Agreement is for the period of May 1, 1999 through April 30, 2002.
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ARTfCLE T1TLE
Articie 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
Article 8.
Articie 9.
Articie 'f 0.
Article 11.
Article �2.
Article 13.
Article 14.
Article 15.
Article 16.
Article 17.
Article 18.
Article 19.
Article 20.
Article 21.
Articfe 22.
Article 23.
Article 24.
Article 25
Article 26.
Article 27.
Article 28.
TABLE OF CONTENTS
PAGE
Preambfe................................................................:............................................... v
Purpose..................................................................................................................�
Recognition............................................................................................................. i
Employer .....................................................................................................1
Union Rights ...........................................................................................................2
Scopeof the Agreement ........................................................................................2
ProbationaryPeriods ..............................................................................................3
Philosophy of Employment And Compensation .....................................................3
Hoursof Work ........................................................................................................4
Overtime .................................................................................................................5
CalfBack ................................................................................................................6
Work Location ........................................................................................................6
Wages ....................................................................................................................6
FringeBenefits .......................................................................................................7
Selection ofi Lead Sheet Metaf Worker ...................................................................7
Ho I i days .................................................................................................................. S
Disciplinary ..........................................................................................9
Absences From Work .............................................................................................9
Seniority ................................................................................................................10
Ju risd iction ............................................................................................................11
Separation............................................................................................................11
?ools .....................................................................................................................11
GrievanceProcedure ............................................................................................12
Right Subcontract .............................................................................................14
Non-Discrimination ...............................................................................................14
Seve rability ...........................................................................................................14
Wa ive r ..................................................................................................................15
Mileage .................................................................................................................15
Duration and Pledge .............................................................................................16
Appendix ...........................................................................................................17
Appendix ............................................................................_.............,...............18
Appendix ................................._--......•.-•-.....-••...................................................19
Appertdix .........................:.................................................................................21
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PREAMBLE
This Agreement is entered into between Independent School District No. 625, hereinafter
referred to as the Employer, and the Sheet Metai Workers international Association Locai �0,
hereinafter referred to as the Union.
The Empioyer and the Union concur that Yhis Agreement has as its objective the
promotion of the responsibiiities of the Independent Schooi District No. 625 for the benefit of the
generai public through effective la6or-management cooperation.
The Employer and the Union both reaiize that this goal depends not oniy on the words in
the Agreement but rather primarily on attitudes between people at all levels of responsibility.
Constructive attitudes of the Empfoyer, the Union, and the individual empioyees will best serve the
needs of the general public.
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� ARTICLE t. PURPOSE
1.'! The Emphyer and the Union agree that the purpose for entering into this Agreement is to:
1.1.1 Achieve orderly and peaceful refations, thereby estabfishing a system of
uninterrupted operations and the highest feve! of empioyee performance that is
consistent with the safety and well being of all concemed;
1.1.2 Set forth rates of pay, hours of work, and other conditions of emp{oyment as have
been agreed upon by ihe Employer and the Union;
1.1.3 Establish procedures to orderly and peacefuliy resolve disputes as to the
appiication or interpretation of this Agreement without loss of manpower
productiviry.
1.2 The Employer and the Union agree that this Agreement serves as a supp4ement to
legislation that creates and directs the Empioyer. If any part of this Agreement is in conflict
with such Iegisiation, the latter shaii prevail. The parties, on written notice, agree to
negotiate ihat part in conflict so that it conforms to the statute as provided by Artic{e 25
(Severability).
ARTICLE 2. RECOGNITION
. 2.1 The Employer recognizes the Union as the exclusive representative for coliective bargaining
purposes for all personnel having an employment status of regular, probationary, and
temporary employed in the classes ofi positions defined in 22 as certified by the Bureau of
Mediation Services in accordance with Case No. 89-PR-2352 dated December 7, 1989.
2.2 The classes of positions recognized as being exclusively represented by the Union are as
listed in Appendix A.
ARTICLE 3. 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 estabiish and modify the organizationai structure; to select,
direct, and determine the number of personnel; and to perform any inherent manageriai
function not specifically Vimfted by this Agreement.
3.2 Any `�erm or condition of employment" not established by this Agreement shaif remain with
the Employer to eliminate, modify or establish fioilowing written notification to the Union.
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ARTlCLE 4. UNION RIGHTS
4.� The Empioyer shall deduct from the wages of employees who ainhorize such a deduction in
writing an amount necessary to cover monthly Union dues. Such monies deducted shatl be
remitted as directed by ths Union.
4,1.1 The Employer shall not deduct dues from the wages of employees covered by this
Agreement for arty other labor organization.
4.9.2 The Union shall indemnity and save harmless the Employer from any and al! claims
or charges made against fhe Employer as a resuit of the imptementatio� of this
Article.
42 The Union may designate one (1) empfoyee from the bargaining unit fo act as a Steward
and shall inform the Employer in writing of such designation. Such employee shall have the
rights and responsibilities as designated in Article 22 (Grievance Procedure).
4.3 Upon notiiication to a designated Employer supervisor, the Business Manager of the Union
or his designated representative shall be permitted to enter the faciiities of the Employer
where employees covered by this Agreement are working.
ARTlCLE 5. SCOPE OF THE AGREEMENT
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5.'1 This Agreement establishes the `Yerms and conditions of employmenY' detined by •
Minnesota Statute § �79A.03, Subdivision 19, for a�l empfoyees exclusively represented by
the U�ion. This Agreement shall supersede such "terms and conditions of empioymenY'
established by Civil Service Rule, Council Ordinance, and Council Resolution.
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ARTICLE 6. PROBATIONARY PER40DS
6.1
6.2
All personnel, originally hired or rehirec follawing separation in a regular employment status
shall serve a six (6)-month probationary period during which time the employee's fRness
and ability to perform the cfass of positions' duties and responsibiiities shall be evaluated.
6.1.1 At any time during the probationary period an emp{oyee may be terminated at the
discretion of the Empioyer wfthout appeai to the provisions of Articie 22 (Grievance
Procedure).
6.'12 An employee terminated during the probationary period shaii receive a written
notice of the reason(s) for such termination, a copy of which shail be sent to the
Union.
AII personnel promoted to a higher class of positions shall serve a six (6)-month
promotional probationary period during which time the employee's fitness and ability to
perform ihe class of positions' duties and responsibitities shali be evaluated.
62.1 At any time during the promotionai probationary period an employee may be
demoted to the employee's previously-heid class of positions at the discretion of the
Employer without appeal to the provisions of Article 22 (Grievance Procedure).
8.2.2 An employee demoted during the promotional probationary period shalt 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 de sent to the Union.
ARTlCLE 7. PHILOSOPHY OF EMP�OYMENT AND CQMPENSATION
7.1
7.2
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The Employer and the Union are in fuii agreement that the philosophy of employment and
compensatian shaB be a"cash" houriy wage and "industry' fringe benefit system.
The Employer shall compensate employees for a�l hours worked at the basic hourly wage
rate a�d houriyfringe benefit sate as found in Artictes 12 (Wages) and i3 (Fringe BeneSits).
No other compensation or fringe benefit shall be accumulated or earned by an empioyee
except as specifically provided for in this Agreement.
ARTICLE 8. HOURS OF WORK
8.1
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The normal workday shall tre eight (8) consecutive hours per day, excluding a thirry
(30}-minute unpaid lunch period, between 7:00 a.m, and 5:30 p.m.
The normal work week sha!! be five (5) consecutive norma! workdays Monday through
Friday.
8.3 if, during the term of this Agreement, it is necessary in the EmployePs judgment 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
8.5
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This Section shali not be construed as, and is not a guarantee of, any hours of work per
normai workday or per normai work week.
All employees shall be at the location designated by their supervisor, ready for work, at the
established starting time and shali remain at an assigned work locafion unii! the end of the
established workday unless othervvise directed by their supervisor.
All employees are subject to call back by the Employer as provided by Article i0 (Cali
Back).
Employees reporting for work ai the estabiished starting time and for whom no work is
available shall receive pay tor two (2) hours, at the basic hourly rate, unless noti�ication has
been given not to report for work prior to leaving home, or during the previous workday.
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• ARTICLE 9. OVERTIME
9.1 All overtime compensated for by the Employer must receive prior authorization from a
designated Employer supervisor. No overtime work cfaim will be honored for payment or
credit unless approved in advance. An ove�time ctaim wii! not be hortored, even ihough
shown on the time card, unfess the required advance approval has been obtained.
9.2 Tha overtime rate of one and one-half (1-1l2) the basic hourly rate shail be paid for work
performed under the foflowing circumstances:
9.2.i Time worked in excess of eight (8) hours in any one normal workday, and
9.2.2 Time worked on a sixth (6th) day following the normal work week.
9.3 The overtime rate of two (2) times the dasic houriy rate shall 6e Qaid for work performed
under the following circumsiances:
9.3.1 Time worked on a seventh (7th} day fo!lowing the normal work week; and
9.32 7ime worked in excess of twelve (12) consecutive hours i� a twenty-tour (24) hour
period, provided that all "emergenc}1' work required by "Acts of God" shatl be
compensated at the rate of one and one-half (1-1/2).
9.4 For the purposes of calcufating overtime compensation, overtime hours worked shall not be
"pyramided," compounded or paid twice for the same hours worked (except for the amount
specified in Appendix D(3), Natio�at Pension Fund). All contribulions for the National
Pension Fund (Appendix D(3) for each employee covered by this Agreement shall be
� compensated based on hours aid. and not hours worked: such that hours paid at time and
one-half shall receive contributions at 1.5 times the rate specified in Appendix D(3), and
two (2) times the rate specified in Appendix D(3) for dou6le time hours paid
9.5 Overtime hours worked as provided by this Article shall be paid in cash or in compensatory
time as determined by the Employer.
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ARTICLE 10. CALL BACK
10.'I The Emplayer retains the right to ca�l back empioyees before an employee has started a
normal workday or normal work week artd after an employee has completed a norma!
workday or normai work week.
10.2
10.3
Employees catfed back shail receive a minimum of four (4)-hours' pay at the basic hourly
rate.
The hours worked based on a cail back shall be compensated in accordance with Article 9
(Overtime), when applicable, and subject to the mi�imum estabiished by 10.2 above.
10.4 Employees catled back four (4) hours or )ess prior to their normal workday shai! complete
the normal workday and be compensated oniy for the overtime hours worked in accordance
with Article 9 {Overtime).
ARTICLE 11. WORKLOCATION
11.1 Employees shall report to work location as assigned by a designated Employer supervisor.
Lluring the normal workday, empioyees may be assigned to other work locations at the
discretion of the Employer.
11.2 Employees assigned to work locations during the normal workday other than their originai
assignment, and who are required to fumish their own transportation, shal! be compensated
for miteage, as set forth in Article 27 (Mileage).
ARTICLE 12. WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be paid for ali hours
worked by an employee covered by this Agreement.
122 Regular employees sha!! be compensated in accordance with Article 12.1 (Wages) and
have fringe benefit contri6utians and/or deductions made on their behalf as provided for by
Article 13 (Fringe Benefits).
12.3 Temporary employees shall be compensated in accordance with Article 12.1 (Wages) and
have fringe benefit contributions and/or deductions made in iheir behaif as provided for by
Articfe 13 (Fringe Benefitsj.
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ARTICLE �3. FRINGE BENEF{TS
'13.1 The Employer shalf make contributions on behalf of and/or make deductions from ihe
wages of participating employees as defined 6y Article 12.2 and 12.3 covered by this
Agreement in accordance with Appendix D for alf hours worked.
132 Eifective May 1, 1966 temporary, probationary, and regular empfoyees shaff be e{igibfe for a
paid holiday for Labor Day, the first Monday in September.
13.3 The Empioyer wili for the period of this Agreement provide, for those empioyees who were
eligibfe for the Employer's heafth and weKare pian a�d who have retired since February i,
1975, such heafth insurance premium cor»ributions up to the same dollar amounts as are
provided by the Employer at the date ot early retirement and the cost of premium
contributions toward $5,000 life insurance coverage until such employees reach sixty-five
(65) years of age.
In order to be eligible for the premium contributions under the provision 13.4 the employee
must:
13.3.1
13.3.2
Be receiving benefits from a pubiic employee retiree act at the time of retirement.
Have severed the employment relationship with the City of Saint Paul and/or
Independent School District No. 625 under one of the early retiree plans.
13.3.3 Inform the Human Resource Department of Independent Schoo! District No. 625
and Office of Human Resources - CNy of Saint Paui in writing within sixty (60)
days of employee's early retirement date that he or she wished to be eligible for
ear{y retiree insurance benefits.
13.4 An employee who retires at age sixty-five {65) or later and who meet the criteria in i3.3 or
for early retirees who qualified under 13.3 and have reached age si�cty-five (65) after
retirement the Employer will provide payment of premium for a Medicare supplement health
coverage poficy selected by the Empfoyer.
ARTICLE 14. SELECTION OF LEAD SHEET METAL WORKER
14.1
142
14.3
14.4
The selection of personnel for the class of position lead Sheet Metal Worker shall remain
solely with the Employer.
The class of position �ead Sheet Metal Worker shall be filled by empioyees of the
bargaining unit on a`temporary assignment "
All "temporary assignments" shali be made o�ly at the direction of a designated Employer
supervisor.
Such "temporary assignmenis" shall be made oniy in cases where the class of positions is
vacant for more than one (1) normal workday.
ARTfCLE 15. HOLIDAYS
15.1 The following nine (9) days shall be desigr�ated as unpaid holidays (except Labor Day as
noted in Articie 132}:
New YeaTs Day
Martin Luther King, Jr. Day
Presidents' Day
Memoriat Day
Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving Day
Christmas Day
Ja�uary 1
7hird Monday I� January
Third Monday in February
Last Monday in May
July 4
First Monday in September
Fourth Thursday in November
Fourth Friday in November
December 25.
152 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the
foilowing Monday shall be considered the designated holiday. W hen any of these three (3)
holidays fal(s on a Safurday, the preceding Friday shail be considered the designated
holiday.
] 5.3 The nine (9) holidays shall be considered non-workdays.
15.4 If, i� the judgment of the Empioyer, personnei are necessary for operating or emergency
reasons, employees may be scheduied or "called back" in accordance wfth Article to (Cali
Back).
'15.5 Employees called in to work on a designated holiday shatl be compensated at the rafe of
two (2) times the basic hourly rate for al! hours worked.
15.6 Employees working on Labor Day shail be recompensed for work done on this day by being
granted compensetory time on a time and one-haif basis or by being paid on a time and one-
half basis for such hours worked, in addition to the regular pay.
In order to be eligible for holiday pay for the Labor Day Holiday, employees who are on active
payroil status preceding and foliowing the Labor Day Holiday shall receive pay for the Labor Day
Holiday.
15.7 When Martin Luther King Jr. Day, Presidents' Day or the Day After Thanksgiving falls on a
day when school is in session, the employee shal! work that day at straight time and another
day shall be designated as the holiday. This designated fioliday sha(( be a day on which
schoot is not in session and shaii be determined by agreement between the empioyee and
the supervisor.
15.8 If Martin Luther King Jr. Day, Presidents' Day or the Day After Thanksgiving faiis on a day
when school is not in session, that day wiii normally be an unpaid holiday. If the Employer
schedules work on such days, employees will be offered att opportunity to work that day at
the straight-time rate and will not be required to take another day off to replace the holiday.
!t ihe employee is called in on such day, they wili be calied in accordance with Article i 0 and
paid as in 15.5.
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AR'fICLE 16. DiSCIPLINARY PROCEDURES
16.1
16.2
The Employer shall have the right to impose disciplinary actions on emp4oyees for just
cause.
Discipiinary actions by the Empioyer shall include only the foffowing actions:
16.2.i Oral reprimand;
16.2.2 Written reprimand;
�6.2.3 Suspension;
162.4 Demotion;
16.2.5 Discharge.
16.3 Employees who are suspended, demoted or discharged shail retain afl rights under
Minnesota Statute § 179A2D, Subd. 4, and thereby shali have the right to request that such
actions be considered a"grievance" for the purpose of processing through the provisions of
Article 22 (Grievance Procedure). Once an employee or the Union in the empioyee's behalf
initiates review of an action, that matter shall not again be reviewed in another forum. �ral
reprimands shaff not be subject to the grievance review process.
ARTICLE 17. ABSENCES FROM WORK
17.1 Employees who are unable to report fior their normal workday have the responsibility to
notify their supervisor of such absence as soon as possible, but in no event later than the
beginning of such workday.
17.2
17.3
Failure to make such notification may be grounds for discip�ine as provided in Articie 16
(Disciplinary Procedures).
Failure to report for work without notification for three (3) consecutive norma! workdays may
be considered a"quiY' by tfie Employer on the part of the empfoyee.
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ARTICLE y8. SENIORITY
18.1 Effective May 1, t993, for the purpose of this Article, the following terms shall be defined as
follows:
18.1.1 The term, "Employer," sha41 mean Independent School District No. 625, Saint Paul
Public Schools.
18.1.2 The term, "Master Seniority," shall mean the length of continuous regular and
probationary service witi� the Employer from the date an employee was first
appointed to any class tiile wiih the Employer covered by this Agreement.
18.1.3 The term, "Class Seniority' shali mean the length of continuous regutar and
probationary service with the Employer from fhe date an emptoyee was first
appointed to a position wiih the Employer in a class title covered by this
Agreement.
This Section 18.1.3 is intended to mean thai on or after May 1, 7993, an empioyee
who is newly hired to the Employer (District), no matter what the person's prior
experience or how hired by the pistrict, wi�t have his/her class seniority start at
zero on the day of appointment to a Schotil District position in that title and
seniority will begin to be calculated from that date. An employee's Class Seniority
does not revert to zero following recall from an Employer irtitiated layoff within the
24 month recall rights period specified in 18.4. This delinition of class seniority wii!
be used for all layoff decisions.
182 Seniority shati 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 iliness or
injury; is granted to ailow an empioyee to accepf an appointment to the uncfassified service
of the Employer or to an elected or appofnted tull-time position with the Union.
18.3 Seniority shall terminate when an employee retires, resigns or is discharged.
18.4 In the event it is determined by the Empioyer that it is necessary to reduce the workforce,
employees will be laid off by class title wfthin each Department based on inverse length of
"Class Seniority." Employees laid off by the Employer shall have the right to reinstatement in
any tower-paid class Yitle previously held which is covered by this Agreement, provided the
employee has greater "Class Seniority' than the employee being replaced. Reca(i from
layoff shai! be in inverse order of layoff, except thai recall rights shait expire after 24 months
from the last day of work preceding the layoff. No other Civil Service recai( rights to this
Empioyer sha!! appty. This provision does not address any rights ihe empbyee may have to
be recafled to any other employer.
18.5 The selection of vacation periods shall be made by ciass title based on tength of "Class
Seniority," subjecY to the approval of the Empioyer.
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ARTICLE 19. JURISDICTION
19.1 Disputes conceming work jurisdiction between and among unions are recognized as an
appropriate subject for determination by the various unions representing employees of the
Employer.
192 The Employer agrees to be guided in the assignment of work jurisdiciion by any mutuai
agreements beiween the unions invoived.
19.3 in the event of a dispute concerning the performance or assignment of work, ihe unions
involved and the Employer shail meet as soon as mutually possible to resolve the dispute.
Nothing in the foregoing shail restrict the right of the Employer to accomplish the work as
originally assigned pending resolution of the dispute or to restrict the EmployePs basic right
to assign work.
19.4 Any empioyee refusing to perform work assigned by the Empioyer and as ciarified by
Sections 19.2 and 19.3 above shaii be subject to disciplinary action as provided in Articfe 16
(Disciplinary Procedures).
19.5 There shall be no work stoppage, siow down or any disruption of work resulting from a work
assignment.
ARTICLE 20. SEPARATION
20.1 Employees having a probationary or regular empioyment status shall be considered
separated from employme�t based on the foilowing actions;
20.1.1 Resianation. Empfoyees resigning from employment shall give written notice
fourteen (14) calendar days prior to the effective date of the
resignation.
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20.1.2
20.1.3
Discharqe. As provided in Article 16.
Fallure to ReQort for Dutv. As provided in Articie 17.
20.2 Employees having a temporary employment siatus may be termfnated at the discretion of
the Employer before the completion of a normal workday.
ARTICLE 21. TOOLS
21.1 All empfoyees sha11 personally provide themselves with the tools of the trade as fisted in
Appendix B.
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ARTICLE 22. GRIEVANCE PROCEDURE
22.1 The Employer shalf recognize Sfewards selecfed in accordance with Union rules and
reguiations as the grievance representative ot the bargaining unit. The UNION shall nofify
ffie Employer in writing of the names of the Stewards and of their successors when so
named.
22.2 it is recognized and accepted by the Empioyer and the Union thai the processing of
grievances as hereinafter provided is limfted by the job duties and responsibilities of the
employees and shaii therefore be accomplished during working hours only when consistent
with such employee duties and responsibil'�ties. The Steward involved and a grieving
employee shall suffer no toss in pay when a grievance is processed during working hours,
provided the Steward and the employee have notified and received the approvai of their
supervisor to be absent to process a grievance and that such absence woutd not be
detrimental to the work programs of the Employer.
22.3 The procedure established by this Article shail, except as previousiy noted in Article 16
(Disciplinary Procedures), be the sole and exclusive procedure, for the processing of
grievances, which are defined as an alleged violation of the terms and conditions of ihis
Agreement.
22.4 Grievances shafl be resolved in conformance with the following procedure:
Step �. Upon the occurrence of an a(leged vio(ation of this Agreement, fhe employee
involved sha!! attempt to resolve the maHer on an informal basis wRh the
emp(oyee's supervisor. If the matter is not resolved to the emp(oyee'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, ihe facts on which it is based, the alleged section(s) of the
Agreement violated, and the reiief requested. Any aileged violation of the
Agreement not reduced to writing by the tJnion wiihin 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, shali be considered waived.
Ste°2. Wiihin seven (7) calendar days after receiving the written grievance, a
designated Employer supervisor shalt meet with the Union Steward and attempt
to resolve the grievance. If, as a resuR of this meeting, the grievance remains
unresolved, the Employer shafl 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 wifhin seven (7) caiendar days foliowing receipt of the
Empioyer's written answer. Any grievance not referred in writing by the Union
wifhin seven (7} calendar days foliowing receipt of the Empioyer's answer shai(
be considered waived.
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�]C� 3 (p
� ART{CLE 22. GRIEVANCE PROCEDURE {continued)
Ste� 3. W�fiin seven (7) calendar days foliowing receipt of a grievance referred from
Step 2, a designated Employer supervisor shall meet with the Union Business
Manager or his designated representative and attempt to reso{ve the grievance.
Within seven (7J calendar days following this meeting, the Employer shail reply
in writing to the Union stating the Empioyer's answer concerning the grievance.
If, as a resuii 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) caiendar days following receipt of the
Employer's answer shalf be considered waived.
Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar
days after the response of the Emp{oyer in Step 3, by written notice to the
Empioyer, request arbitraiion of the grievance. The arbitration proceedings
shall be conducted 6y an ar6itrator to be selected by mutual agreement of the
Employer and the Union within seven (7) caiendar days after notice has been
given. If the parties fail to mutuafly agree upon an arbitrator within the said
seven (7- day period, either party may request the Bureau of Mediation
Services to submit a panel of five (5) arbitrators. Both the Employer and the
Union shall have the right to strike two (2) names from the panel. The Union
shall strike the first (1st) name; the Employer shall then strike one (1) name.
The process will be repeated and the remaining person shall be the arbitrator.
22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from
the provisions of this Agreement. The arbitrator shail consider and decide onfy the specific
issue submitted in writing by the Employer and the Union and shali have no authority to
• make a decision on any other issue not so submitted. The arbitrator sha11 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 Iaw. The ar6itrator's
decision shall be submitted in wriiing within thirty (30) days following case of the hearing or
the submission of briefs by the parties, whichever be later, uniess the parties agree to an
extension. The decision shalf be based solety on the arbitrator's interpretation or appfication
of the express terms of this Agreement and to the facts of ths grievance presented. The
decision of the arbitrator shall be finaf and binding on the Employer, the Unio�, and the
employees.
22.6 The fees and expenses for the arbitrator's services and proceedings shaii be bome equaliy
by the Employer and the Union, provided that each parry shall be responsibie for
compensating its own representative and witnesses. ii either party desires a verbatim
record of the proceedings, it may cause such a record to be made, providing it pays for the
record.
22.7 The time limits in each step of this procedure may be eutended by mutual agreement of the
Empioyer and the Union.
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ARTlCLE 23. R1GHT OF SUSCONTRACT
23.1 The Employer may, at any time during the duratiort 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 workforce covered by this Agreement, ihe Employer shall
give the Union a ninety (90)-calendar day notice of the intention to subcontract.
232 The subcontracting of work done by the empioyees covered by this Agreement shall in all
cases be made oniy to employers who quaiity in accordance with Ordinance No. 14Q13.
ARTICLE 24. NON-DISCRIMINATION
24.� The terms and conditions of ihis Agreement wili be applied to employees equally wiihout
regard to or discrimination for or against, any individuai because or race, color, creed, sex,
age or because of inembership or non-membership in the Union.
242 Employees wiil perform their duties and responsibilities in a non-discriminatory manner as
such duties and responsibilities involve other employees and the general pubiic.
ARTICLE 25. SEVERABILlTY
25.1 In the event that arty provision(s) of this Agreement is declared to be contrary to law by
proper legislative, administrative or judicial authority from whose fi�ding, determination or
decree no appeal is taken, such provisiott (s) shall be voided. All other provisions shall
continue in full force and effect.
25.2 The parties agree, upon written notice, to enter into negotiations to place tfie voided
provisions of the AgreemenY in compliance with the legislative, administrative, or judicial
determination.
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� ARTICLE 26. WAIVER
26.t The Employer and the Union acknowledge that during the meeting and �egotiating which
resufted in this Agreement, each had the right and opportu�iry to make proposals wfth
respect to any subject concerning the tertns and conditions of employment. The
Agreemerrts and understandings reached by the parties after the exercise of this right are
fully and compietely set forth in this Agreement.
26.2 Therefore, the Empioyer and the Union for the duration of this Agreement agree that the
other parly shall not be obligated to meet and negotiate over any term or condftion of
empfoyment whether specificaliy covered or not specifically covered by this Agreement.
The Union and Empfoyer may, however, mutuaify agree to modify any provision of this
Agreeme�t.
26.3 Any and all prior ordinances, agreements, resofutions, pracUces, policies, and ruies or
regulations regarding the terms and conditions of empioyment, to the e�ctent they are
inconsistent with this Agreement, are hereby superseded.
ARTICLE 27. MILEAGE
27.1 Employees of the Schoof District under poficy adopted by the Board of Education may be
reimbursed for the use of their automobiies for schoot 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 current rate approved by the Board or 31¢ per mile,
whichever is greater. In addition, a maximum amount that can be paid per month is
estabiished by an estimate furnished by the employee and the empioyee's supervisor.
Another consideration for establishing the maximum amount can be the experience of
another work+ng in the sarne or Similar position.
Under this plan, it is necessasy for the employee to keep a record oS each trip made.
,
15
ARTICLE 28. DURRTtON AND PLEDGE
28.1 This A�reement shatl become eifective as of May 1, 1999, except as specficatly provided
otherw�se in ArGcles 12 and 13, and shatl remain in effect through the 30th day of Aprii,
20Q2, and coRtinue irt effect from year to year thereafter unless rzotice to change ar to
terminate is given in the manner provided in 28.2.
282 if either paRy desires to terminate or modify this Agreemeni effective as of the date of
expiration, the party wishing to modify or terminate the Agreement shatf give written notice
to the oiher party, not more than ninety (90) or less than sixty (60} calendar days prior Yo
the expiration date, provided �at the Agreement may only be so terminated or modified
effective as of the expiration date.
28.3 In consideration of the tertns and conditions of employment estabiished by this Agreement
and the recognition that the Grievance Procedure herein estabiished is the means by which
grievances conceming iYs application or interpretation may be peacefu!!y resolved, the
parties hereby ptedge that during the tertn of the AgreemenY.
28.3.1 The Union and fhe emplayees will not engage in, irtstigate or condone any
concerted action in which emptoyees fait to report for duty, witifuiry absent
themselves from work, stop work, slow down their work or absent themseives in
whole or part irom the fuil, faithfui performance of their du8es of employment.
28.32 The Employer wiil not engage in, instigate or condone any lockout of empioyees.
28.3.3 This constitutes a tentative Agreement between the parties which wiil be
rewmmended by the Schooi Board Negofiator, but is subject to the approval of
the Administretiort of the City, Independent School Distr+ct No. 625, and is also
subject to ratification by the Association.
The parities agree and attest that this Agreement represents the fuil and compiete
understanding of the parties for the period of time herein specified by the signature of the folfowing
represenfaiives for the Employer and ihe Union.
WITNESSES:
INDEPENDENT SCHOOL DISTRICT
NO. 625
SHEET METAL WORKERS tNTERNATIONAL
ASSOCIATlON LOCAL 10
���%f�Ll.e[� ��e���i"/
B�ines nager
�1-� ��,9
76
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� APPENDIX A
The classes of positions recognized by the Employer as being exciusively represented 6y the Union
are as foilows:
Sheet Metal Worker
Lead Sheet Metal W orker
Apprentice - Sfieet Metai Worker
and other cfasses of positions that may be estabfished by the Employer where the duties and
responsibi{ities assigned come within the jurisdiction ot the Union
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APPENDlX B
Too! Box
Whitney, Small
Crescent W rench or set of Open-end W renches
Center Punches
Hacksaw Frame
Chise(s
Small Hand Tongs
6' Folding Rule
Screwdriver
Scratch Awis
Pliers
Snips, Straight-aviation L and R
Hammers {Tinners}
Rally Bar
Combination Square
Prick P�nch
i0' Tape
Dividers
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APPENDiX C
C1. The total houriy cost to the Empioyer for wages plus any and ail contributions or deductions
stated in Appendix D of this Agreement shail not exceed the following amounts:
Effective
5-1-99
Sheet Metal Worker
Lead Sheet Metai Worker
$35.51
$3'7.51
Effective ENective
5-1-00 $-1-p1(�)
$3722 (1)
$3922 (�)
C2. The tota! taxabie hourly rate including wages and the vacation contribution in Appendix D
and excluding a11 other benefit costs and obligations in Appendix D, for regular and
probationary empfoyees appointed to the foflowing classes of positions shall6e as follows:
Effective
5-1-99
Sheet Metal Worker
Lead Sheet Metal W orker
$27.33
$2924
� C2A. The basic houriy wage rates in this Appendix (C2A) are for compensation analvsis
purposes onf . These figures represent the portion ot the Appendix C1 rates above
specificaily allocated to wages. These rates do NOT include taxable contributions
and therefore shouid NOT be used for taxable payroll catculations. See Appendix C2
above for total taxabte payro0 information.
Effective
5-1-99
Sheet Metal Worker
Lead Sheet Metal Worker
�
$22.28
$24.19
Effective Effective
5-1-00 5-1-01
..
Effective Effective
5-t-00 5-1_01
.,
Xf
�� 1 Note For Appendix Ct : The pariies agsee that for the third year ot this Agreement, there will be a reopener to discuss
wages and benefits only. The May 1, 2061 totaf hourly cost and distribution vrill be negotiated at thai time.
' The May �, 2000, hourty rates in Appendices C2, C2A and C3 shall be detertnined at a Iater date based on the ailocation
agreetl to by the Employer and the Union of the May 7; 2000, total hourly cost stated in Appendix Ct.
" The May 1,20Q1, houdy rates in Appendices C2, C2A and C3 shall be detertnined at a later date basetl on the allocation
agreetl top by ihe Employer and the Union of the May 1, 2001, iotal hourfy cost determinetl tor the third year waye
Teopener.
'19
APPENDIX C (continued)
C3. The tota! taxable hourly rate including wages and the vacation contribution in Appendix D
for temporary employees appointed to the foilowing classes of positions shail be:
Effective
5-1-99
�
Sheet Metal Worker
Lead Sheet Metai Worker
$25.80
$27.80
.>
If a temporary empioyee working in a title Iisted in this Appendix C3 becomes subject to the
requirements of the Pubtic Employees Retirement Act (PERA), which thereby requires the
Employer to make contributions Yo PERA, the calculated hourly base rate of pay may
change so fhe Employer's cost does not exceed the amounts listed in C-1 above.
The basic houriy wage rates for the Apprentice ciass of positions are as follows:
This Secfion is held open for the addition of appropriate Apprentice rates in the event the
Employer initiates the employment of Apprentices.
If the Union eJecfs to have the eontributions tisted in Appendix D increased or decreased,
ihe Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a way
that the totai cost of the package (wage rate plus contributions) remains constant and does
not exceed the amounts shown in P.ppendix C, Section C1.
The total compensation (wages and fringes) received by employees covered by this
Agreement shall be equivalent in money to the tatal package paid by the employer to
employees in comparable classifications in the Agreemertt between Local 10 artd the Twin
City Division of the Sheet Metal, Air Conditioning and Roofing Contractors Association.
The totai package cost shail exclude any costs of payments made for industry promotion
and/or advertisement or any other purposes not directly and clearly beneficial to the public
employer.
in the evenY Local 70 and any sheet metal contractor affiliated or not affiliated with the Twin
Ciry Division of the Sheet Metal, Air Conditioning and Roofing Contractors Association and
doing business in the seven-county metropolitan area agree to a total commerciaf package
different from the above total commercial package and which is less than the above total
package, such differences shaii be immediately app(icab[e to tfie total compensafion paid to
employees covered by this Agreement.
� The May 7, 200D, nourly rates in Appendices C2. C2A ar�d C3 shall be determined at a later date basetl on the allocation
agreed to by the Employer and the Union of the May t 20Q0, tota! houdy cost stated in Appendix C7.
�� The May 1, 200t, houdy rates in Appendices C2, C2A arttl C3 shati be detertnined at a later date based on ffie alloeation
agreed top by ihe Employer and the Union of ihe May 1, 2001, total fiour(y cost determined for the third year wage
reopener.
EffecNve Effective
5-1-00 5-1-01
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APPENDIX D
Effect+ve May 7, 1999, the Employer shaA forvvard the amounts designated in this Appendix D for
employees covered by this Agreement to depositories as directed by the Union and agreed to by the
Employer:
1. $2.10 per hour for all hours worked from which ail appropriate payroll deductions have
been made to a Union-designated Vacation Fund. This oavment shali onlv be made for
reouiar em�lovees paid at the Aopendix C2 rate.
2. $2.95 per hour for atl hours worked from which aif appropriate payroll deductions have
been made to a Union-designated Schooi District Holidav Fund. This �avment shall
•
3. $2.96 per hour for all hours worked to a Union-designated Health and Welfare Fund.
4. $�.75 per hour for afl hours worked to a Union-designated Local Pension Fund.
5. $1.70 per hour for alI hours worked to a Union-designated National Pension Fund.
6. $.01 per hour for all hours worked to a Union-designated Scholarshio Fund.
7. $.02 per hour for ail hours worked to a Union-designated SMOHI Asbestos Screeninq
Fund.
8. $.32 per hour for ail hours worked to a Union-designated Journeyman and
Aoqrenticeship Traininq Furtds.
9. For temporary employees paid at the Appendix C3 rate; forward 2.10 per hour for ail
hours worked from which aii appropriate payroff deductions have been made to a
Union-designated Vacation Fund and 2.95 per hour for all hours worked to a Union-
designated Supolemental Pens+on Fund.
The Empioyer shall make iegally established non-negotiated pension contributions to
PERA. Changes in the mandated PERA rate may change the calculated hourly base
rate of pay so the Employer's cost does not exceed the amounts listed in C-1 above.
�
Ail contributions made in accordance with this Appendix D shall be deducted from and are not in
addition to the amounts shown in Appendix C1. The Appendix D amounts shall be forwarded to
depositories as directed by ihe Union and agreed to by the Empioyer.
The Employer shafl estabVish Workers' Compensation and Unemployment Compensation programs
as required by Minnesota Statutes.
21
APPENDIX D {continued) �
Employees covered by this Agreement shall not be eligible for, govemed by or accumulate vacation,
sick leave, holiday, funeral ieave, jury duty or insurance fringe benefits that are or may be
established by Personnel Ruies Council Ordinance or Counci! Resotutions.
The Empioyer's tringe benefit obligation to employees covered by this Agreemeni is limited to the
contributions and/or deductions established by this Agreement. The actuat tevel of benefits
provided to employees shail be the responsibility of the Trustees of the various funds to which the
Employer has fonvarded coniributions and/or deductions.
.
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22
Council File # CC� — G G
4R�GiNAL
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented by
Referred To
Green Sheet # 08924
`1�
Committee Date
RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
May 1, 1999 through Apri130, 2002 Empioyment Agreement between the Independent School District
No. 625 and Sheet Meta1 Workers Internationai Associafion Local 10.
Requested by Department of:
Adopted by Council: Date \ o � o
,
Adoprion Certified by Council Secretar
By: a- f �
Approved 6y Mayor: Date �i `1 / Z��
B y: '�--6�4'�
Form Appr �d by CiTy Attome �
B : .� �
�, �
r
Approved by ayor for Su mission to Council
By: /�}7/��
LABOR RELATiONS
CONTACT t'ERSON & PHONE:
JIJLIE KRAUS 266-6513
MUSf BE ON COIINCII. AGENDA BY (DATE)
TOTAL # OF
DA'� IN'z'`'�° GREEN SHEET No.: 08924 00 - C 3 L
Iune 19, 2000
� �ATE INfflALDATE
ASSIGN I DEPARTMENT DIlL� 4 GiTY COUNCIl,
7�i[py�gpt 2 CITY ATIORNEY CITY CLERK
FOR BUDCET DIR � F1N. & MGT. SERNCE DIIt-
ROUTING 3 MAYOR (OR ASST.)
ORDER
ALL LOCATIONS FOR SIGNATORE)
acriox xEQVFSrsn: This resolution approves the attached May 1,1999 tbmugh Apri130, 2002 Bmployment
Agreement between Independent School District No. 625 and Sheet Metal Workers Intemational Association
Local 10.
RECOMMENDATIONS: P.pprove (A) or Reject (R)
PLAI3MNGCOMMISSION CSViLSERVICE COM[vIISSION
CIBCAMNIITfEE �
STAFF
DISTRICT COUR7
SUPPORTS WfllCH COUNCIL OBIECTIVE?
YERSONAL SERViCE CONTRACfS AlUST AiVSR'EB THE FOLLAWING
QUESTIONS:
1. Has this peisonJEim eva woti:ed under a contrac: foi this depurt�nent?
Yes No
2. Has this persoN£mn ever bcen a city emPioyee? .
Yes No
3. Does tLis persoNfim� possess a skill not nomially possessed by any current city
Yes No
E:piain all yes auswere on separah s6at aad attseh to green shee[
INITIATING PROBLEM, ISSLJE, OPPORTUNTTY (FYhq What, W6eo, Where, Why):
See Attached
,
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ADVANTAGES IF APPROVED:
This resolution pertains to Boazd of Fducation employees only.
DISAl1VANTAGES IF APPROVED:
None.
Tv1SAllVAN7'A(:ES IF NOT APPROVED:
TOTAL AMOi7NT OF TRATISACI70N:
Fi3NDiNG SOURCE:
�uN � � a000
JUN 2 4 2040
COSTJREVFdKtJE BUDG�.TED:
RM Y\Tl Y tl'i�l Uu 13 �l ;i7
FINANCIAL INFORhTATION: (EXPI.A71V)
INDEPENDENT SCHOOL DtSTRICT NO. 625
BOARD OF EDUCATION Oo — <.
SAINT PAUL PUBLIC SCHOOLS
DATE: August 3, 1999
TOPIC: Approval of an Empioyment Agreement With Sheet Metal Workers
Association, Local 10, to Establish Terms and Conditions of Employment
for1999-2002
A. PERTINENT FACTS:
1. New Agreement is for the three-year period May 1, 1999 through April 30, 2002.
2. Contracf changes are as follows:
Holidavs: Changed holiday language to provide uniformity with other district contracts.
Waaes: Wage and benefit changes reflect prevailing wage for the industry. 7he thirtl year will
be a reopener for wages only.
3. The remaining language provisions of the previous contract remain essentially unchanged,
except for necessary changes to dates and outdated references.
4. The District has 4 regular F.T,E. in this bargaining unit.
5. This request is submitted by Sue Guibrod, Negotiations/Labor Relations Assistant Manager;
Richard Kreyer, Executive Director of Human Resources and Labor Relations; and William
Larson, Deputy Superintendent of Operations
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
Agreement concerning fhe terms and conditions of employmenf of those employees in this schoof
district for whom Sheet Metal Workers International Association, Local 10, is the exclusive
representative; duration of said Agreement is for the period of May 1, 1999 through April 30, 2002.
�-to3(
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ARTfCLE T1TLE
Articie 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
Article 8.
Articie 9.
Articie 'f 0.
Article 11.
Article �2.
Article 13.
Article 14.
Article 15.
Article 16.
Article 17.
Article 18.
Article 19.
Article 20.
Article 21.
Articfe 22.
Article 23.
Article 24.
Article 25
Article 26.
Article 27.
Article 28.
TABLE OF CONTENTS
PAGE
Preambfe................................................................:............................................... v
Purpose..................................................................................................................�
Recognition............................................................................................................. i
Employer .....................................................................................................1
Union Rights ...........................................................................................................2
Scopeof the Agreement ........................................................................................2
ProbationaryPeriods ..............................................................................................3
Philosophy of Employment And Compensation .....................................................3
Hoursof Work ........................................................................................................4
Overtime .................................................................................................................5
CalfBack ................................................................................................................6
Work Location ........................................................................................................6
Wages ....................................................................................................................6
FringeBenefits .......................................................................................................7
Selection ofi Lead Sheet Metaf Worker ...................................................................7
Ho I i days .................................................................................................................. S
Disciplinary ..........................................................................................9
Absences From Work .............................................................................................9
Seniority ................................................................................................................10
Ju risd iction ............................................................................................................11
Separation............................................................................................................11
?ools .....................................................................................................................11
GrievanceProcedure ............................................................................................12
Right Subcontract .............................................................................................14
Non-Discrimination ...............................................................................................14
Seve rability ...........................................................................................................14
Wa ive r ..................................................................................................................15
Mileage .................................................................................................................15
Duration and Pledge .............................................................................................16
Appendix ...........................................................................................................17
Appendix ............................................................................_.............,...............18
Appendix ................................._--......•.-•-.....-••...................................................19
Appertdix .........................:.................................................................................21
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PREAMBLE
This Agreement is entered into between Independent School District No. 625, hereinafter
referred to as the Employer, and the Sheet Metai Workers international Association Locai �0,
hereinafter referred to as the Union.
The Empioyer and the Union concur that Yhis Agreement has as its objective the
promotion of the responsibiiities of the Independent Schooi District No. 625 for the benefit of the
generai public through effective la6or-management cooperation.
The Employer and the Union both reaiize that this goal depends not oniy on the words in
the Agreement but rather primarily on attitudes between people at all levels of responsibility.
Constructive attitudes of the Empfoyer, the Union, and the individual empioyees will best serve the
needs of the general public.
G19-!o 3 �
� ARTICLE t. PURPOSE
1.'! The Emphyer and the Union agree that the purpose for entering into this Agreement is to:
1.1.1 Achieve orderly and peaceful refations, thereby estabfishing a system of
uninterrupted operations and the highest feve! of empioyee performance that is
consistent with the safety and well being of all concemed;
1.1.2 Set forth rates of pay, hours of work, and other conditions of emp{oyment as have
been agreed upon by ihe Employer and the Union;
1.1.3 Establish procedures to orderly and peacefuliy resolve disputes as to the
appiication or interpretation of this Agreement without loss of manpower
productiviry.
1.2 The Employer and the Union agree that this Agreement serves as a supp4ement to
legislation that creates and directs the Empioyer. If any part of this Agreement is in conflict
with such Iegisiation, the latter shaii prevail. The parties, on written notice, agree to
negotiate ihat part in conflict so that it conforms to the statute as provided by Artic{e 25
(Severability).
ARTICLE 2. RECOGNITION
. 2.1 The Employer recognizes the Union as the exclusive representative for coliective bargaining
purposes for all personnel having an employment status of regular, probationary, and
temporary employed in the classes ofi positions defined in 22 as certified by the Bureau of
Mediation Services in accordance with Case No. 89-PR-2352 dated December 7, 1989.
2.2 The classes of positions recognized as being exclusively represented by the Union are as
listed in Appendix A.
ARTICLE 3. 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 estabiish and modify the organizationai structure; to select,
direct, and determine the number of personnel; and to perform any inherent manageriai
function not specifically Vimfted by this Agreement.
3.2 Any `�erm or condition of employment" not established by this Agreement shaif remain with
the Employer to eliminate, modify or establish fioilowing written notification to the Union.
�
ARTlCLE 4. UNION RIGHTS
4.� The Empioyer shall deduct from the wages of employees who ainhorize such a deduction in
writing an amount necessary to cover monthly Union dues. Such monies deducted shatl be
remitted as directed by ths Union.
4,1.1 The Employer shall not deduct dues from the wages of employees covered by this
Agreement for arty other labor organization.
4.9.2 The Union shall indemnity and save harmless the Employer from any and al! claims
or charges made against fhe Employer as a resuit of the imptementatio� of this
Article.
42 The Union may designate one (1) empfoyee from the bargaining unit fo act as a Steward
and shall inform the Employer in writing of such designation. Such employee shall have the
rights and responsibilities as designated in Article 22 (Grievance Procedure).
4.3 Upon notiiication to a designated Employer supervisor, the Business Manager of the Union
or his designated representative shall be permitted to enter the faciiities of the Employer
where employees covered by this Agreement are working.
ARTlCLE 5. SCOPE OF THE AGREEMENT
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5.'1 This Agreement establishes the `Yerms and conditions of employmenY' detined by •
Minnesota Statute § �79A.03, Subdivision 19, for a�l empfoyees exclusively represented by
the U�ion. This Agreement shall supersede such "terms and conditions of empioymenY'
established by Civil Service Rule, Council Ordinance, and Council Resolution.
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ARTICLE 6. PROBATIONARY PER40DS
6.1
6.2
All personnel, originally hired or rehirec follawing separation in a regular employment status
shall serve a six (6)-month probationary period during which time the employee's fRness
and ability to perform the cfass of positions' duties and responsibiiities shall be evaluated.
6.1.1 At any time during the probationary period an emp{oyee may be terminated at the
discretion of the Empioyer wfthout appeai to the provisions of Articie 22 (Grievance
Procedure).
6.'12 An employee terminated during the probationary period shaii receive a written
notice of the reason(s) for such termination, a copy of which shail be sent to the
Union.
AII personnel promoted to a higher class of positions shall serve a six (6)-month
promotional probationary period during which time the employee's fitness and ability to
perform ihe class of positions' duties and responsibitities shali be evaluated.
62.1 At any time during the promotionai probationary period an employee may be
demoted to the employee's previously-heid class of positions at the discretion of the
Employer without appeal to the provisions of Article 22 (Grievance Procedure).
8.2.2 An employee demoted during the promotional probationary period shalt 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 de sent to the Union.
ARTlCLE 7. PHILOSOPHY OF EMP�OYMENT AND CQMPENSATION
7.1
7.2
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The Employer and the Union are in fuii agreement that the philosophy of employment and
compensatian shaB be a"cash" houriy wage and "industry' fringe benefit system.
The Employer shall compensate employees for a�l hours worked at the basic hourly wage
rate a�d houriyfringe benefit sate as found in Artictes 12 (Wages) and i3 (Fringe BeneSits).
No other compensation or fringe benefit shall be accumulated or earned by an empioyee
except as specifically provided for in this Agreement.
ARTICLE 8. HOURS OF WORK
8.1
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The normal workday shall tre eight (8) consecutive hours per day, excluding a thirry
(30}-minute unpaid lunch period, between 7:00 a.m, and 5:30 p.m.
The normal work week sha!! be five (5) consecutive norma! workdays Monday through
Friday.
8.3 if, during the term of this Agreement, it is necessary in the EmployePs judgment 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
8.5
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This Section shali not be construed as, and is not a guarantee of, any hours of work per
normai workday or per normai work week.
All employees shall be at the location designated by their supervisor, ready for work, at the
established starting time and shali remain at an assigned work locafion unii! the end of the
established workday unless othervvise directed by their supervisor.
All employees are subject to call back by the Employer as provided by Article i0 (Cali
Back).
Employees reporting for work ai the estabiished starting time and for whom no work is
available shall receive pay tor two (2) hours, at the basic hourly rate, unless noti�ication has
been given not to report for work prior to leaving home, or during the previous workday.
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• ARTICLE 9. OVERTIME
9.1 All overtime compensated for by the Employer must receive prior authorization from a
designated Employer supervisor. No overtime work cfaim will be honored for payment or
credit unless approved in advance. An ove�time ctaim wii! not be hortored, even ihough
shown on the time card, unfess the required advance approval has been obtained.
9.2 Tha overtime rate of one and one-half (1-1l2) the basic hourly rate shail be paid for work
performed under the foflowing circumstances:
9.2.i Time worked in excess of eight (8) hours in any one normal workday, and
9.2.2 Time worked on a sixth (6th) day following the normal work week.
9.3 The overtime rate of two (2) times the dasic houriy rate shall 6e Qaid for work performed
under the following circumsiances:
9.3.1 Time worked on a seventh (7th} day fo!lowing the normal work week; and
9.32 7ime worked in excess of twelve (12) consecutive hours i� a twenty-tour (24) hour
period, provided that all "emergenc}1' work required by "Acts of God" shatl be
compensated at the rate of one and one-half (1-1/2).
9.4 For the purposes of calcufating overtime compensation, overtime hours worked shall not be
"pyramided," compounded or paid twice for the same hours worked (except for the amount
specified in Appendix D(3), Natio�at Pension Fund). All contribulions for the National
Pension Fund (Appendix D(3) for each employee covered by this Agreement shall be
� compensated based on hours aid. and not hours worked: such that hours paid at time and
one-half shall receive contributions at 1.5 times the rate specified in Appendix D(3), and
two (2) times the rate specified in Appendix D(3) for dou6le time hours paid
9.5 Overtime hours worked as provided by this Article shall be paid in cash or in compensatory
time as determined by the Employer.
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ARTICLE 10. CALL BACK
10.'I The Emplayer retains the right to ca�l back empioyees before an employee has started a
normal workday or normal work week artd after an employee has completed a norma!
workday or normai work week.
10.2
10.3
Employees catfed back shail receive a minimum of four (4)-hours' pay at the basic hourly
rate.
The hours worked based on a cail back shall be compensated in accordance with Article 9
(Overtime), when applicable, and subject to the mi�imum estabiished by 10.2 above.
10.4 Employees catled back four (4) hours or )ess prior to their normal workday shai! complete
the normal workday and be compensated oniy for the overtime hours worked in accordance
with Article 9 {Overtime).
ARTICLE 11. WORKLOCATION
11.1 Employees shall report to work location as assigned by a designated Employer supervisor.
Lluring the normal workday, empioyees may be assigned to other work locations at the
discretion of the Employer.
11.2 Employees assigned to work locations during the normal workday other than their originai
assignment, and who are required to fumish their own transportation, shal! be compensated
for miteage, as set forth in Article 27 (Mileage).
ARTICLE 12. WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be paid for ali hours
worked by an employee covered by this Agreement.
122 Regular employees sha!! be compensated in accordance with Article 12.1 (Wages) and
have fringe benefit contri6utians and/or deductions made on their behalf as provided for by
Article 13 (Fringe Benefits).
12.3 Temporary employees shall be compensated in accordance with Article 12.1 (Wages) and
have fringe benefit contributions and/or deductions made in iheir behaif as provided for by
Articfe 13 (Fringe Benefitsj.
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ARTICLE �3. FRINGE BENEF{TS
'13.1 The Employer shalf make contributions on behalf of and/or make deductions from ihe
wages of participating employees as defined 6y Article 12.2 and 12.3 covered by this
Agreement in accordance with Appendix D for alf hours worked.
132 Eifective May 1, 1966 temporary, probationary, and regular empfoyees shaff be e{igibfe for a
paid holiday for Labor Day, the first Monday in September.
13.3 The Empioyer wili for the period of this Agreement provide, for those empioyees who were
eligibfe for the Employer's heafth and weKare pian a�d who have retired since February i,
1975, such heafth insurance premium cor»ributions up to the same dollar amounts as are
provided by the Employer at the date ot early retirement and the cost of premium
contributions toward $5,000 life insurance coverage until such employees reach sixty-five
(65) years of age.
In order to be eligible for the premium contributions under the provision 13.4 the employee
must:
13.3.1
13.3.2
Be receiving benefits from a pubiic employee retiree act at the time of retirement.
Have severed the employment relationship with the City of Saint Paul and/or
Independent School District No. 625 under one of the early retiree plans.
13.3.3 Inform the Human Resource Department of Independent Schoo! District No. 625
and Office of Human Resources - CNy of Saint Paui in writing within sixty (60)
days of employee's early retirement date that he or she wished to be eligible for
ear{y retiree insurance benefits.
13.4 An employee who retires at age sixty-five {65) or later and who meet the criteria in i3.3 or
for early retirees who qualified under 13.3 and have reached age si�cty-five (65) after
retirement the Employer will provide payment of premium for a Medicare supplement health
coverage poficy selected by the Empfoyer.
ARTICLE 14. SELECTION OF LEAD SHEET METAL WORKER
14.1
142
14.3
14.4
The selection of personnel for the class of position lead Sheet Metal Worker shall remain
solely with the Employer.
The class of position �ead Sheet Metal Worker shall be filled by empioyees of the
bargaining unit on a`temporary assignment "
All "temporary assignments" shali be made o�ly at the direction of a designated Employer
supervisor.
Such "temporary assignmenis" shall be made oniy in cases where the class of positions is
vacant for more than one (1) normal workday.
ARTfCLE 15. HOLIDAYS
15.1 The following nine (9) days shall be desigr�ated as unpaid holidays (except Labor Day as
noted in Articie 132}:
New YeaTs Day
Martin Luther King, Jr. Day
Presidents' Day
Memoriat Day
Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving Day
Christmas Day
Ja�uary 1
7hird Monday I� January
Third Monday in February
Last Monday in May
July 4
First Monday in September
Fourth Thursday in November
Fourth Friday in November
December 25.
152 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the
foilowing Monday shall be considered the designated holiday. W hen any of these three (3)
holidays fal(s on a Safurday, the preceding Friday shail be considered the designated
holiday.
] 5.3 The nine (9) holidays shall be considered non-workdays.
15.4 If, i� the judgment of the Empioyer, personnei are necessary for operating or emergency
reasons, employees may be scheduied or "called back" in accordance wfth Article to (Cali
Back).
'15.5 Employees called in to work on a designated holiday shatl be compensated at the rafe of
two (2) times the basic hourly rate for al! hours worked.
15.6 Employees working on Labor Day shail be recompensed for work done on this day by being
granted compensetory time on a time and one-haif basis or by being paid on a time and one-
half basis for such hours worked, in addition to the regular pay.
In order to be eligible for holiday pay for the Labor Day Holiday, employees who are on active
payroil status preceding and foliowing the Labor Day Holiday shall receive pay for the Labor Day
Holiday.
15.7 When Martin Luther King Jr. Day, Presidents' Day or the Day After Thanksgiving falls on a
day when school is in session, the employee shal! work that day at straight time and another
day shall be designated as the holiday. This designated fioliday sha(( be a day on which
schoot is not in session and shaii be determined by agreement between the empioyee and
the supervisor.
15.8 If Martin Luther King Jr. Day, Presidents' Day or the Day After Thanksgiving faiis on a day
when school is not in session, that day wiii normally be an unpaid holiday. If the Employer
schedules work on such days, employees will be offered att opportunity to work that day at
the straight-time rate and will not be required to take another day off to replace the holiday.
!t ihe employee is called in on such day, they wili be calied in accordance with Article i 0 and
paid as in 15.5.
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AR'fICLE 16. DiSCIPLINARY PROCEDURES
16.1
16.2
The Employer shall have the right to impose disciplinary actions on emp4oyees for just
cause.
Discipiinary actions by the Empioyer shall include only the foffowing actions:
16.2.i Oral reprimand;
16.2.2 Written reprimand;
�6.2.3 Suspension;
162.4 Demotion;
16.2.5 Discharge.
16.3 Employees who are suspended, demoted or discharged shail retain afl rights under
Minnesota Statute § 179A2D, Subd. 4, and thereby shali have the right to request that such
actions be considered a"grievance" for the purpose of processing through the provisions of
Article 22 (Grievance Procedure). Once an employee or the Union in the empioyee's behalf
initiates review of an action, that matter shall not again be reviewed in another forum. �ral
reprimands shaff not be subject to the grievance review process.
ARTICLE 17. ABSENCES FROM WORK
17.1 Employees who are unable to report fior their normal workday have the responsibility to
notify their supervisor of such absence as soon as possible, but in no event later than the
beginning of such workday.
17.2
17.3
Failure to make such notification may be grounds for discip�ine as provided in Articie 16
(Disciplinary Procedures).
Failure to report for work without notification for three (3) consecutive norma! workdays may
be considered a"quiY' by tfie Employer on the part of the empfoyee.
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ARTICLE y8. SENIORITY
18.1 Effective May 1, t993, for the purpose of this Article, the following terms shall be defined as
follows:
18.1.1 The term, "Employer," sha41 mean Independent School District No. 625, Saint Paul
Public Schools.
18.1.2 The term, "Master Seniority," shall mean the length of continuous regular and
probationary service witi� the Employer from the date an employee was first
appointed to any class tiile wiih the Employer covered by this Agreement.
18.1.3 The term, "Class Seniority' shali mean the length of continuous regutar and
probationary service with the Employer from fhe date an emptoyee was first
appointed to a position wiih the Employer in a class title covered by this
Agreement.
This Section 18.1.3 is intended to mean thai on or after May 1, 7993, an empioyee
who is newly hired to the Employer (District), no matter what the person's prior
experience or how hired by the pistrict, wi�t have his/her class seniority start at
zero on the day of appointment to a Schotil District position in that title and
seniority will begin to be calculated from that date. An employee's Class Seniority
does not revert to zero following recall from an Employer irtitiated layoff within the
24 month recall rights period specified in 18.4. This delinition of class seniority wii!
be used for all layoff decisions.
182 Seniority shati 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 iliness or
injury; is granted to ailow an empioyee to accepf an appointment to the uncfassified service
of the Employer or to an elected or appofnted tull-time position with the Union.
18.3 Seniority shall terminate when an employee retires, resigns or is discharged.
18.4 In the event it is determined by the Empioyer that it is necessary to reduce the workforce,
employees will be laid off by class title wfthin each Department based on inverse length of
"Class Seniority." Employees laid off by the Employer shall have the right to reinstatement in
any tower-paid class Yitle previously held which is covered by this Agreement, provided the
employee has greater "Class Seniority' than the employee being replaced. Reca(i from
layoff shai! be in inverse order of layoff, except thai recall rights shait expire after 24 months
from the last day of work preceding the layoff. No other Civil Service recai( rights to this
Empioyer sha!! appty. This provision does not address any rights ihe empbyee may have to
be recafled to any other employer.
18.5 The selection of vacation periods shall be made by ciass title based on tength of "Class
Seniority," subjecY to the approval of the Empioyer.
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ARTICLE 19. JURISDICTION
19.1 Disputes conceming work jurisdiction between and among unions are recognized as an
appropriate subject for determination by the various unions representing employees of the
Employer.
192 The Employer agrees to be guided in the assignment of work jurisdiciion by any mutuai
agreements beiween the unions invoived.
19.3 in the event of a dispute concerning the performance or assignment of work, ihe unions
involved and the Employer shail meet as soon as mutually possible to resolve the dispute.
Nothing in the foregoing shail restrict the right of the Employer to accomplish the work as
originally assigned pending resolution of the dispute or to restrict the EmployePs basic right
to assign work.
19.4 Any empioyee refusing to perform work assigned by the Empioyer and as ciarified by
Sections 19.2 and 19.3 above shaii be subject to disciplinary action as provided in Articfe 16
(Disciplinary Procedures).
19.5 There shall be no work stoppage, siow down or any disruption of work resulting from a work
assignment.
ARTICLE 20. SEPARATION
20.1 Employees having a probationary or regular empioyment status shall be considered
separated from employme�t based on the foilowing actions;
20.1.1 Resianation. Empfoyees resigning from employment shall give written notice
fourteen (14) calendar days prior to the effective date of the
resignation.
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20.1.3
Discharqe. As provided in Article 16.
Fallure to ReQort for Dutv. As provided in Articie 17.
20.2 Employees having a temporary employment siatus may be termfnated at the discretion of
the Employer before the completion of a normal workday.
ARTICLE 21. TOOLS
21.1 All empfoyees sha11 personally provide themselves with the tools of the trade as fisted in
Appendix B.
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ARTICLE 22. GRIEVANCE PROCEDURE
22.1 The Employer shalf recognize Sfewards selecfed in accordance with Union rules and
reguiations as the grievance representative ot the bargaining unit. The UNION shall nofify
ffie Employer in writing of the names of the Stewards and of their successors when so
named.
22.2 it is recognized and accepted by the Empioyer and the Union thai the processing of
grievances as hereinafter provided is limfted by the job duties and responsibilities of the
employees and shaii therefore be accomplished during working hours only when consistent
with such employee duties and responsibil'�ties. The Steward involved and a grieving
employee shall suffer no toss in pay when a grievance is processed during working hours,
provided the Steward and the employee have notified and received the approvai of their
supervisor to be absent to process a grievance and that such absence woutd not be
detrimental to the work programs of the Employer.
22.3 The procedure established by this Article shail, except as previousiy noted in Article 16
(Disciplinary Procedures), be the sole and exclusive procedure, for the processing of
grievances, which are defined as an alleged violation of the terms and conditions of ihis
Agreement.
22.4 Grievances shafl be resolved in conformance with the following procedure:
Step �. Upon the occurrence of an a(leged vio(ation of this Agreement, fhe employee
involved sha!! attempt to resolve the maHer on an informal basis wRh the
emp(oyee's supervisor. If the matter is not resolved to the emp(oyee'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, ihe facts on which it is based, the alleged section(s) of the
Agreement violated, and the reiief requested. Any aileged violation of the
Agreement not reduced to writing by the tJnion wiihin 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, shali be considered waived.
Ste°2. Wiihin seven (7) calendar days after receiving the written grievance, a
designated Employer supervisor shalt meet with the Union Steward and attempt
to resolve the grievance. If, as a resuR of this meeting, the grievance remains
unresolved, the Employer shafl 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 wifhin seven (7) caiendar days foliowing receipt of the
Empioyer's written answer. Any grievance not referred in writing by the Union
wifhin seven (7} calendar days foliowing receipt of the Empioyer's answer shai(
be considered waived.
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� ART{CLE 22. GRIEVANCE PROCEDURE {continued)
Ste� 3. W�fiin seven (7) calendar days foliowing receipt of a grievance referred from
Step 2, a designated Employer supervisor shall meet with the Union Business
Manager or his designated representative and attempt to reso{ve the grievance.
Within seven (7J calendar days following this meeting, the Employer shail reply
in writing to the Union stating the Empioyer's answer concerning the grievance.
If, as a resuii 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) caiendar days following receipt of the
Employer's answer shalf be considered waived.
Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar
days after the response of the Emp{oyer in Step 3, by written notice to the
Empioyer, request arbitraiion of the grievance. The arbitration proceedings
shall be conducted 6y an ar6itrator to be selected by mutual agreement of the
Employer and the Union within seven (7) caiendar days after notice has been
given. If the parties fail to mutuafly agree upon an arbitrator within the said
seven (7- day period, either party may request the Bureau of Mediation
Services to submit a panel of five (5) arbitrators. Both the Employer and the
Union shall have the right to strike two (2) names from the panel. The Union
shall strike the first (1st) name; the Employer shall then strike one (1) name.
The process will be repeated and the remaining person shall be the arbitrator.
22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from
the provisions of this Agreement. The arbitrator shail consider and decide onfy the specific
issue submitted in writing by the Employer and the Union and shali have no authority to
• make a decision on any other issue not so submitted. The arbitrator sha11 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 Iaw. The ar6itrator's
decision shall be submitted in wriiing within thirty (30) days following case of the hearing or
the submission of briefs by the parties, whichever be later, uniess the parties agree to an
extension. The decision shalf be based solety on the arbitrator's interpretation or appfication
of the express terms of this Agreement and to the facts of ths grievance presented. The
decision of the arbitrator shall be finaf and binding on the Employer, the Unio�, and the
employees.
22.6 The fees and expenses for the arbitrator's services and proceedings shaii be bome equaliy
by the Employer and the Union, provided that each parry shall be responsibie for
compensating its own representative and witnesses. ii either party desires a verbatim
record of the proceedings, it may cause such a record to be made, providing it pays for the
record.
22.7 The time limits in each step of this procedure may be eutended by mutual agreement of the
Empioyer and the Union.
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ARTlCLE 23. R1GHT OF SUSCONTRACT
23.1 The Employer may, at any time during the duratiort 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 workforce covered by this Agreement, ihe Employer shall
give the Union a ninety (90)-calendar day notice of the intention to subcontract.
232 The subcontracting of work done by the empioyees covered by this Agreement shall in all
cases be made oniy to employers who quaiity in accordance with Ordinance No. 14Q13.
ARTICLE 24. NON-DISCRIMINATION
24.� The terms and conditions of ihis Agreement wili be applied to employees equally wiihout
regard to or discrimination for or against, any individuai because or race, color, creed, sex,
age or because of inembership or non-membership in the Union.
242 Employees wiil perform their duties and responsibilities in a non-discriminatory manner as
such duties and responsibilities involve other employees and the general pubiic.
ARTICLE 25. SEVERABILlTY
25.1 In the event that arty provision(s) of this Agreement is declared to be contrary to law by
proper legislative, administrative or judicial authority from whose fi�ding, determination or
decree no appeal is taken, such provisiott (s) shall be voided. All other provisions shall
continue in full force and effect.
25.2 The parties agree, upon written notice, to enter into negotiations to place tfie voided
provisions of the AgreemenY in compliance with the legislative, administrative, or judicial
determination.
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� ARTICLE 26. WAIVER
26.t The Employer and the Union acknowledge that during the meeting and �egotiating which
resufted in this Agreement, each had the right and opportu�iry to make proposals wfth
respect to any subject concerning the tertns and conditions of employment. The
Agreemerrts and understandings reached by the parties after the exercise of this right are
fully and compietely set forth in this Agreement.
26.2 Therefore, the Empioyer and the Union for the duration of this Agreement agree that the
other parly shall not be obligated to meet and negotiate over any term or condftion of
empfoyment whether specificaliy covered or not specifically covered by this Agreement.
The Union and Empfoyer may, however, mutuaify agree to modify any provision of this
Agreeme�t.
26.3 Any and all prior ordinances, agreements, resofutions, pracUces, policies, and ruies or
regulations regarding the terms and conditions of empioyment, to the e�ctent they are
inconsistent with this Agreement, are hereby superseded.
ARTICLE 27. MILEAGE
27.1 Employees of the Schoof District under poficy adopted by the Board of Education may be
reimbursed for the use of their automobiies for schoot 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 current rate approved by the Board or 31¢ per mile,
whichever is greater. In addition, a maximum amount that can be paid per month is
estabiished by an estimate furnished by the employee and the empioyee's supervisor.
Another consideration for establishing the maximum amount can be the experience of
another work+ng in the sarne or Similar position.
Under this plan, it is necessasy for the employee to keep a record oS each trip made.
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ARTICLE 28. DURRTtON AND PLEDGE
28.1 This A�reement shatl become eifective as of May 1, 1999, except as specficatly provided
otherw�se in ArGcles 12 and 13, and shatl remain in effect through the 30th day of Aprii,
20Q2, and coRtinue irt effect from year to year thereafter unless rzotice to change ar to
terminate is given in the manner provided in 28.2.
282 if either paRy desires to terminate or modify this Agreemeni effective as of the date of
expiration, the party wishing to modify or terminate the Agreement shatf give written notice
to the oiher party, not more than ninety (90) or less than sixty (60} calendar days prior Yo
the expiration date, provided �at the Agreement may only be so terminated or modified
effective as of the expiration date.
28.3 In consideration of the tertns and conditions of employment estabiished by this Agreement
and the recognition that the Grievance Procedure herein estabiished is the means by which
grievances conceming iYs application or interpretation may be peacefu!!y resolved, the
parties hereby ptedge that during the tertn of the AgreemenY.
28.3.1 The Union and fhe emplayees will not engage in, irtstigate or condone any
concerted action in which emptoyees fait to report for duty, witifuiry absent
themselves from work, stop work, slow down their work or absent themseives in
whole or part irom the fuil, faithfui performance of their du8es of employment.
28.32 The Employer wiil not engage in, instigate or condone any lockout of empioyees.
28.3.3 This constitutes a tentative Agreement between the parties which wiil be
rewmmended by the Schooi Board Negofiator, but is subject to the approval of
the Administretiort of the City, Independent School Distr+ct No. 625, and is also
subject to ratification by the Association.
The parities agree and attest that this Agreement represents the fuil and compiete
understanding of the parties for the period of time herein specified by the signature of the folfowing
represenfaiives for the Employer and ihe Union.
WITNESSES:
INDEPENDENT SCHOOL DISTRICT
NO. 625
SHEET METAL WORKERS tNTERNATIONAL
ASSOCIATlON LOCAL 10
���%f�Ll.e[� ��e���i"/
B�ines nager
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76
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� APPENDIX A
The classes of positions recognized by the Employer as being exciusively represented 6y the Union
are as foilows:
Sheet Metal Worker
Lead Sheet Metal W orker
Apprentice - Sfieet Metai Worker
and other cfasses of positions that may be estabfished by the Employer where the duties and
responsibi{ities assigned come within the jurisdiction ot the Union
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APPENDlX B
Too! Box
Whitney, Small
Crescent W rench or set of Open-end W renches
Center Punches
Hacksaw Frame
Chise(s
Small Hand Tongs
6' Folding Rule
Screwdriver
Scratch Awis
Pliers
Snips, Straight-aviation L and R
Hammers {Tinners}
Rally Bar
Combination Square
Prick P�nch
i0' Tape
Dividers
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APPENDiX C
C1. The total houriy cost to the Empioyer for wages plus any and ail contributions or deductions
stated in Appendix D of this Agreement shail not exceed the following amounts:
Effective
5-1-99
Sheet Metal Worker
Lead Sheet Metai Worker
$35.51
$3'7.51
Effective ENective
5-1-00 $-1-p1(�)
$3722 (1)
$3922 (�)
C2. The tota! taxabie hourly rate including wages and the vacation contribution in Appendix D
and excluding a11 other benefit costs and obligations in Appendix D, for regular and
probationary empfoyees appointed to the foflowing classes of positions shall6e as follows:
Effective
5-1-99
Sheet Metal Worker
Lead Sheet Metal W orker
$27.33
$2924
� C2A. The basic houriy wage rates in this Appendix (C2A) are for compensation analvsis
purposes onf . These figures represent the portion ot the Appendix C1 rates above
specificaily allocated to wages. These rates do NOT include taxable contributions
and therefore shouid NOT be used for taxable payroll catculations. See Appendix C2
above for total taxabte payro0 information.
Effective
5-1-99
Sheet Metal Worker
Lead Sheet Metal Worker
�
$22.28
$24.19
Effective Effective
5-1-00 5-1-01
..
Effective Effective
5-t-00 5-1_01
.,
Xf
�� 1 Note For Appendix Ct : The pariies agsee that for the third year ot this Agreement, there will be a reopener to discuss
wages and benefits only. The May 1, 2061 totaf hourly cost and distribution vrill be negotiated at thai time.
' The May �, 2000, hourty rates in Appendices C2, C2A and C3 shall be detertnined at a Iater date based on the ailocation
agreetl to by the Employer and the Union of the May 7; 2000, total hourly cost stated in Appendix Ct.
" The May 1,20Q1, houdy rates in Appendices C2, C2A and C3 shall be detertnined at a later date basetl on the allocation
agreetl top by ihe Employer and the Union of the May 1, 2001, iotal hourfy cost determinetl tor the third year waye
Teopener.
'19
APPENDIX C (continued)
C3. The tota! taxable hourly rate including wages and the vacation contribution in Appendix D
for temporary employees appointed to the foilowing classes of positions shail be:
Effective
5-1-99
�
Sheet Metal Worker
Lead Sheet Metai Worker
$25.80
$27.80
.>
If a temporary empioyee working in a title Iisted in this Appendix C3 becomes subject to the
requirements of the Pubtic Employees Retirement Act (PERA), which thereby requires the
Employer to make contributions Yo PERA, the calculated hourly base rate of pay may
change so fhe Employer's cost does not exceed the amounts listed in C-1 above.
The basic houriy wage rates for the Apprentice ciass of positions are as follows:
This Secfion is held open for the addition of appropriate Apprentice rates in the event the
Employer initiates the employment of Apprentices.
If the Union eJecfs to have the eontributions tisted in Appendix D increased or decreased,
ihe Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a way
that the totai cost of the package (wage rate plus contributions) remains constant and does
not exceed the amounts shown in P.ppendix C, Section C1.
The total compensation (wages and fringes) received by employees covered by this
Agreement shall be equivalent in money to the tatal package paid by the employer to
employees in comparable classifications in the Agreemertt between Local 10 artd the Twin
City Division of the Sheet Metal, Air Conditioning and Roofing Contractors Association.
The totai package cost shail exclude any costs of payments made for industry promotion
and/or advertisement or any other purposes not directly and clearly beneficial to the public
employer.
in the evenY Local 70 and any sheet metal contractor affiliated or not affiliated with the Twin
Ciry Division of the Sheet Metal, Air Conditioning and Roofing Contractors Association and
doing business in the seven-county metropolitan area agree to a total commerciaf package
different from the above total commercial package and which is less than the above total
package, such differences shaii be immediately app(icab[e to tfie total compensafion paid to
employees covered by this Agreement.
� The May 7, 200D, nourly rates in Appendices C2. C2A ar�d C3 shall be determined at a later date basetl on the allocation
agreed to by the Employer and the Union of the May t 20Q0, tota! houdy cost stated in Appendix C7.
�� The May 1, 200t, houdy rates in Appendices C2, C2A arttl C3 shati be detertnined at a later date based on ffie alloeation
agreed top by ihe Employer and the Union of ihe May 1, 2001, total fiour(y cost determined for the third year wage
reopener.
EffecNve Effective
5-1-00 5-1-01
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APPENDIX D
Effect+ve May 7, 1999, the Employer shaA forvvard the amounts designated in this Appendix D for
employees covered by this Agreement to depositories as directed by the Union and agreed to by the
Employer:
1. $2.10 per hour for all hours worked from which ail appropriate payroll deductions have
been made to a Union-designated Vacation Fund. This oavment shali onlv be made for
reouiar em�lovees paid at the Aopendix C2 rate.
2. $2.95 per hour for atl hours worked from which aif appropriate payroll deductions have
been made to a Union-designated Schooi District Holidav Fund. This �avment shall
•
3. $2.96 per hour for all hours worked to a Union-designated Health and Welfare Fund.
4. $�.75 per hour for afl hours worked to a Union-designated Local Pension Fund.
5. $1.70 per hour for alI hours worked to a Union-designated National Pension Fund.
6. $.01 per hour for all hours worked to a Union-designated Scholarshio Fund.
7. $.02 per hour for ail hours worked to a Union-designated SMOHI Asbestos Screeninq
Fund.
8. $.32 per hour for ail hours worked to a Union-designated Journeyman and
Aoqrenticeship Traininq Furtds.
9. For temporary employees paid at the Appendix C3 rate; forward 2.10 per hour for ail
hours worked from which aii appropriate payroff deductions have been made to a
Union-designated Vacation Fund and 2.95 per hour for all hours worked to a Union-
designated Supolemental Pens+on Fund.
The Empioyer shall make iegally established non-negotiated pension contributions to
PERA. Changes in the mandated PERA rate may change the calculated hourly base
rate of pay so the Employer's cost does not exceed the amounts listed in C-1 above.
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Ail contributions made in accordance with this Appendix D shall be deducted from and are not in
addition to the amounts shown in Appendix C1. The Appendix D amounts shall be forwarded to
depositories as directed by ihe Union and agreed to by the Empioyer.
The Employer shafl estabVish Workers' Compensation and Unemployment Compensation programs
as required by Minnesota Statutes.
21
APPENDIX D {continued) �
Employees covered by this Agreement shall not be eligible for, govemed by or accumulate vacation,
sick leave, holiday, funeral ieave, jury duty or insurance fringe benefits that are or may be
established by Personnel Ruies Council Ordinance or Counci! Resotutions.
The Empioyer's tringe benefit obligation to employees covered by this Agreemeni is limited to the
contributions and/or deductions established by this Agreement. The actuat tevel of benefits
provided to employees shail be the responsibility of the Trustees of the various funds to which the
Employer has fonvarded coniributions and/or deductions.
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Council File # CC� — G G
4R�GiNAL
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented by
Referred To
Green Sheet # 08924
`1�
Committee Date
RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
May 1, 1999 through Apri130, 2002 Empioyment Agreement between the Independent School District
No. 625 and Sheet Meta1 Workers Internationai Associafion Local 10.
Requested by Department of:
Adopted by Council: Date \ o � o
,
Adoprion Certified by Council Secretar
By: a- f �
Approved 6y Mayor: Date �i `1 / Z��
B y: '�--6�4'�
Form Appr �d by CiTy Attome �
B : .� �
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Approved by ayor for Su mission to Council
By: /�}7/��
LABOR RELATiONS
CONTACT t'ERSON & PHONE:
JIJLIE KRAUS 266-6513
MUSf BE ON COIINCII. AGENDA BY (DATE)
TOTAL # OF
DA'� IN'z'`'�° GREEN SHEET No.: 08924 00 - C 3 L
Iune 19, 2000
� �ATE INfflALDATE
ASSIGN I DEPARTMENT DIlL� 4 GiTY COUNCIl,
7�i[py�gpt 2 CITY ATIORNEY CITY CLERK
FOR BUDCET DIR � F1N. & MGT. SERNCE DIIt-
ROUTING 3 MAYOR (OR ASST.)
ORDER
ALL LOCATIONS FOR SIGNATORE)
acriox xEQVFSrsn: This resolution approves the attached May 1,1999 tbmugh Apri130, 2002 Bmployment
Agreement between Independent School District No. 625 and Sheet Metal Workers Intemational Association
Local 10.
RECOMMENDATIONS: P.pprove (A) or Reject (R)
PLAI3MNGCOMMISSION CSViLSERVICE COM[vIISSION
CIBCAMNIITfEE �
STAFF
DISTRICT COUR7
SUPPORTS WfllCH COUNCIL OBIECTIVE?
YERSONAL SERViCE CONTRACfS AlUST AiVSR'EB THE FOLLAWING
QUESTIONS:
1. Has this peisonJEim eva woti:ed under a contrac: foi this depurt�nent?
Yes No
2. Has this persoN£mn ever bcen a city emPioyee? .
Yes No
3. Does tLis persoNfim� possess a skill not nomially possessed by any current city
Yes No
E:piain all yes auswere on separah s6at aad attseh to green shee[
INITIATING PROBLEM, ISSLJE, OPPORTUNTTY (FYhq What, W6eo, Where, Why):
See Attached
,
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ADVANTAGES IF APPROVED:
This resolution pertains to Boazd of Fducation employees only.
DISAl1VANTAGES IF APPROVED:
None.
Tv1SAllVAN7'A(:ES IF NOT APPROVED:
TOTAL AMOi7NT OF TRATISACI70N:
Fi3NDiNG SOURCE:
�uN � � a000
JUN 2 4 2040
COSTJREVFdKtJE BUDG�.TED:
RM Y\Tl Y tl'i�l Uu 13 �l ;i7
FINANCIAL INFORhTATION: (EXPI.A71V)
INDEPENDENT SCHOOL DtSTRICT NO. 625
BOARD OF EDUCATION Oo — <.
SAINT PAUL PUBLIC SCHOOLS
DATE: August 3, 1999
TOPIC: Approval of an Empioyment Agreement With Sheet Metal Workers
Association, Local 10, to Establish Terms and Conditions of Employment
for1999-2002
A. PERTINENT FACTS:
1. New Agreement is for the three-year period May 1, 1999 through April 30, 2002.
2. Contracf changes are as follows:
Holidavs: Changed holiday language to provide uniformity with other district contracts.
Waaes: Wage and benefit changes reflect prevailing wage for the industry. 7he thirtl year will
be a reopener for wages only.
3. The remaining language provisions of the previous contract remain essentially unchanged,
except for necessary changes to dates and outdated references.
4. The District has 4 regular F.T,E. in this bargaining unit.
5. This request is submitted by Sue Guibrod, Negotiations/Labor Relations Assistant Manager;
Richard Kreyer, Executive Director of Human Resources and Labor Relations; and William
Larson, Deputy Superintendent of Operations
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
Agreement concerning fhe terms and conditions of employmenf of those employees in this schoof
district for whom Sheet Metal Workers International Association, Local 10, is the exclusive
representative; duration of said Agreement is for the period of May 1, 1999 through April 30, 2002.
�-to3(
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ARTfCLE T1TLE
Articie 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
Article 8.
Articie 9.
Articie 'f 0.
Article 11.
Article �2.
Article 13.
Article 14.
Article 15.
Article 16.
Article 17.
Article 18.
Article 19.
Article 20.
Article 21.
Articfe 22.
Article 23.
Article 24.
Article 25
Article 26.
Article 27.
Article 28.
TABLE OF CONTENTS
PAGE
Preambfe................................................................:............................................... v
Purpose..................................................................................................................�
Recognition............................................................................................................. i
Employer .....................................................................................................1
Union Rights ...........................................................................................................2
Scopeof the Agreement ........................................................................................2
ProbationaryPeriods ..............................................................................................3
Philosophy of Employment And Compensation .....................................................3
Hoursof Work ........................................................................................................4
Overtime .................................................................................................................5
CalfBack ................................................................................................................6
Work Location ........................................................................................................6
Wages ....................................................................................................................6
FringeBenefits .......................................................................................................7
Selection ofi Lead Sheet Metaf Worker ...................................................................7
Ho I i days .................................................................................................................. S
Disciplinary ..........................................................................................9
Absences From Work .............................................................................................9
Seniority ................................................................................................................10
Ju risd iction ............................................................................................................11
Separation............................................................................................................11
?ools .....................................................................................................................11
GrievanceProcedure ............................................................................................12
Right Subcontract .............................................................................................14
Non-Discrimination ...............................................................................................14
Seve rability ...........................................................................................................14
Wa ive r ..................................................................................................................15
Mileage .................................................................................................................15
Duration and Pledge .............................................................................................16
Appendix ...........................................................................................................17
Appendix ............................................................................_.............,...............18
Appendix ................................._--......•.-•-.....-••...................................................19
Appertdix .........................:.................................................................................21
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PREAMBLE
This Agreement is entered into between Independent School District No. 625, hereinafter
referred to as the Employer, and the Sheet Metai Workers international Association Locai �0,
hereinafter referred to as the Union.
The Empioyer and the Union concur that Yhis Agreement has as its objective the
promotion of the responsibiiities of the Independent Schooi District No. 625 for the benefit of the
generai public through effective la6or-management cooperation.
The Employer and the Union both reaiize that this goal depends not oniy on the words in
the Agreement but rather primarily on attitudes between people at all levels of responsibility.
Constructive attitudes of the Empfoyer, the Union, and the individual empioyees will best serve the
needs of the general public.
G19-!o 3 �
� ARTICLE t. PURPOSE
1.'! The Emphyer and the Union agree that the purpose for entering into this Agreement is to:
1.1.1 Achieve orderly and peaceful refations, thereby estabfishing a system of
uninterrupted operations and the highest feve! of empioyee performance that is
consistent with the safety and well being of all concemed;
1.1.2 Set forth rates of pay, hours of work, and other conditions of emp{oyment as have
been agreed upon by ihe Employer and the Union;
1.1.3 Establish procedures to orderly and peacefuliy resolve disputes as to the
appiication or interpretation of this Agreement without loss of manpower
productiviry.
1.2 The Employer and the Union agree that this Agreement serves as a supp4ement to
legislation that creates and directs the Empioyer. If any part of this Agreement is in conflict
with such Iegisiation, the latter shaii prevail. The parties, on written notice, agree to
negotiate ihat part in conflict so that it conforms to the statute as provided by Artic{e 25
(Severability).
ARTICLE 2. RECOGNITION
. 2.1 The Employer recognizes the Union as the exclusive representative for coliective bargaining
purposes for all personnel having an employment status of regular, probationary, and
temporary employed in the classes ofi positions defined in 22 as certified by the Bureau of
Mediation Services in accordance with Case No. 89-PR-2352 dated December 7, 1989.
2.2 The classes of positions recognized as being exclusively represented by the Union are as
listed in Appendix A.
ARTICLE 3. 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 estabiish and modify the organizationai structure; to select,
direct, and determine the number of personnel; and to perform any inherent manageriai
function not specifically Vimfted by this Agreement.
3.2 Any `�erm or condition of employment" not established by this Agreement shaif remain with
the Employer to eliminate, modify or establish fioilowing written notification to the Union.
�
ARTlCLE 4. UNION RIGHTS
4.� The Empioyer shall deduct from the wages of employees who ainhorize such a deduction in
writing an amount necessary to cover monthly Union dues. Such monies deducted shatl be
remitted as directed by ths Union.
4,1.1 The Employer shall not deduct dues from the wages of employees covered by this
Agreement for arty other labor organization.
4.9.2 The Union shall indemnity and save harmless the Employer from any and al! claims
or charges made against fhe Employer as a resuit of the imptementatio� of this
Article.
42 The Union may designate one (1) empfoyee from the bargaining unit fo act as a Steward
and shall inform the Employer in writing of such designation. Such employee shall have the
rights and responsibilities as designated in Article 22 (Grievance Procedure).
4.3 Upon notiiication to a designated Employer supervisor, the Business Manager of the Union
or his designated representative shall be permitted to enter the faciiities of the Employer
where employees covered by this Agreement are working.
ARTlCLE 5. SCOPE OF THE AGREEMENT
�
5.'1 This Agreement establishes the `Yerms and conditions of employmenY' detined by •
Minnesota Statute § �79A.03, Subdivision 19, for a�l empfoyees exclusively represented by
the U�ion. This Agreement shall supersede such "terms and conditions of empioymenY'
established by Civil Service Rule, Council Ordinance, and Council Resolution.
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ARTICLE 6. PROBATIONARY PER40DS
6.1
6.2
All personnel, originally hired or rehirec follawing separation in a regular employment status
shall serve a six (6)-month probationary period during which time the employee's fRness
and ability to perform the cfass of positions' duties and responsibiiities shall be evaluated.
6.1.1 At any time during the probationary period an emp{oyee may be terminated at the
discretion of the Empioyer wfthout appeai to the provisions of Articie 22 (Grievance
Procedure).
6.'12 An employee terminated during the probationary period shaii receive a written
notice of the reason(s) for such termination, a copy of which shail be sent to the
Union.
AII personnel promoted to a higher class of positions shall serve a six (6)-month
promotional probationary period during which time the employee's fitness and ability to
perform ihe class of positions' duties and responsibitities shali be evaluated.
62.1 At any time during the promotionai probationary period an employee may be
demoted to the employee's previously-heid class of positions at the discretion of the
Employer without appeal to the provisions of Article 22 (Grievance Procedure).
8.2.2 An employee demoted during the promotional probationary period shalt 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 de sent to the Union.
ARTlCLE 7. PHILOSOPHY OF EMP�OYMENT AND CQMPENSATION
7.1
7.2
r�i
The Employer and the Union are in fuii agreement that the philosophy of employment and
compensatian shaB be a"cash" houriy wage and "industry' fringe benefit system.
The Employer shall compensate employees for a�l hours worked at the basic hourly wage
rate a�d houriyfringe benefit sate as found in Artictes 12 (Wages) and i3 (Fringe BeneSits).
No other compensation or fringe benefit shall be accumulated or earned by an empioyee
except as specifically provided for in this Agreement.
ARTICLE 8. HOURS OF WORK
8.1
�
The normal workday shall tre eight (8) consecutive hours per day, excluding a thirry
(30}-minute unpaid lunch period, between 7:00 a.m, and 5:30 p.m.
The normal work week sha!! be five (5) consecutive norma! workdays Monday through
Friday.
8.3 if, during the term of this Agreement, it is necessary in the EmployePs judgment 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
8.5
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This Section shali not be construed as, and is not a guarantee of, any hours of work per
normai workday or per normai work week.
All employees shall be at the location designated by their supervisor, ready for work, at the
established starting time and shali remain at an assigned work locafion unii! the end of the
established workday unless othervvise directed by their supervisor.
All employees are subject to call back by the Employer as provided by Article i0 (Cali
Back).
Employees reporting for work ai the estabiished starting time and for whom no work is
available shall receive pay tor two (2) hours, at the basic hourly rate, unless noti�ication has
been given not to report for work prior to leaving home, or during the previous workday.
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• ARTICLE 9. OVERTIME
9.1 All overtime compensated for by the Employer must receive prior authorization from a
designated Employer supervisor. No overtime work cfaim will be honored for payment or
credit unless approved in advance. An ove�time ctaim wii! not be hortored, even ihough
shown on the time card, unfess the required advance approval has been obtained.
9.2 Tha overtime rate of one and one-half (1-1l2) the basic hourly rate shail be paid for work
performed under the foflowing circumstances:
9.2.i Time worked in excess of eight (8) hours in any one normal workday, and
9.2.2 Time worked on a sixth (6th) day following the normal work week.
9.3 The overtime rate of two (2) times the dasic houriy rate shall 6e Qaid for work performed
under the following circumsiances:
9.3.1 Time worked on a seventh (7th} day fo!lowing the normal work week; and
9.32 7ime worked in excess of twelve (12) consecutive hours i� a twenty-tour (24) hour
period, provided that all "emergenc}1' work required by "Acts of God" shatl be
compensated at the rate of one and one-half (1-1/2).
9.4 For the purposes of calcufating overtime compensation, overtime hours worked shall not be
"pyramided," compounded or paid twice for the same hours worked (except for the amount
specified in Appendix D(3), Natio�at Pension Fund). All contribulions for the National
Pension Fund (Appendix D(3) for each employee covered by this Agreement shall be
� compensated based on hours aid. and not hours worked: such that hours paid at time and
one-half shall receive contributions at 1.5 times the rate specified in Appendix D(3), and
two (2) times the rate specified in Appendix D(3) for dou6le time hours paid
9.5 Overtime hours worked as provided by this Article shall be paid in cash or in compensatory
time as determined by the Employer.
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ARTICLE 10. CALL BACK
10.'I The Emplayer retains the right to ca�l back empioyees before an employee has started a
normal workday or normal work week artd after an employee has completed a norma!
workday or normai work week.
10.2
10.3
Employees catfed back shail receive a minimum of four (4)-hours' pay at the basic hourly
rate.
The hours worked based on a cail back shall be compensated in accordance with Article 9
(Overtime), when applicable, and subject to the mi�imum estabiished by 10.2 above.
10.4 Employees catled back four (4) hours or )ess prior to their normal workday shai! complete
the normal workday and be compensated oniy for the overtime hours worked in accordance
with Article 9 {Overtime).
ARTICLE 11. WORKLOCATION
11.1 Employees shall report to work location as assigned by a designated Employer supervisor.
Lluring the normal workday, empioyees may be assigned to other work locations at the
discretion of the Employer.
11.2 Employees assigned to work locations during the normal workday other than their originai
assignment, and who are required to fumish their own transportation, shal! be compensated
for miteage, as set forth in Article 27 (Mileage).
ARTICLE 12. WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be paid for ali hours
worked by an employee covered by this Agreement.
122 Regular employees sha!! be compensated in accordance with Article 12.1 (Wages) and
have fringe benefit contri6utians and/or deductions made on their behalf as provided for by
Article 13 (Fringe Benefits).
12.3 Temporary employees shall be compensated in accordance with Article 12.1 (Wages) and
have fringe benefit contributions and/or deductions made in iheir behaif as provided for by
Articfe 13 (Fringe Benefitsj.
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ARTICLE �3. FRINGE BENEF{TS
'13.1 The Employer shalf make contributions on behalf of and/or make deductions from ihe
wages of participating employees as defined 6y Article 12.2 and 12.3 covered by this
Agreement in accordance with Appendix D for alf hours worked.
132 Eifective May 1, 1966 temporary, probationary, and regular empfoyees shaff be e{igibfe for a
paid holiday for Labor Day, the first Monday in September.
13.3 The Empioyer wili for the period of this Agreement provide, for those empioyees who were
eligibfe for the Employer's heafth and weKare pian a�d who have retired since February i,
1975, such heafth insurance premium cor»ributions up to the same dollar amounts as are
provided by the Employer at the date ot early retirement and the cost of premium
contributions toward $5,000 life insurance coverage until such employees reach sixty-five
(65) years of age.
In order to be eligible for the premium contributions under the provision 13.4 the employee
must:
13.3.1
13.3.2
Be receiving benefits from a pubiic employee retiree act at the time of retirement.
Have severed the employment relationship with the City of Saint Paul and/or
Independent School District No. 625 under one of the early retiree plans.
13.3.3 Inform the Human Resource Department of Independent Schoo! District No. 625
and Office of Human Resources - CNy of Saint Paui in writing within sixty (60)
days of employee's early retirement date that he or she wished to be eligible for
ear{y retiree insurance benefits.
13.4 An employee who retires at age sixty-five {65) or later and who meet the criteria in i3.3 or
for early retirees who qualified under 13.3 and have reached age si�cty-five (65) after
retirement the Employer will provide payment of premium for a Medicare supplement health
coverage poficy selected by the Empfoyer.
ARTICLE 14. SELECTION OF LEAD SHEET METAL WORKER
14.1
142
14.3
14.4
The selection of personnel for the class of position lead Sheet Metal Worker shall remain
solely with the Employer.
The class of position �ead Sheet Metal Worker shall be filled by empioyees of the
bargaining unit on a`temporary assignment "
All "temporary assignments" shali be made o�ly at the direction of a designated Employer
supervisor.
Such "temporary assignmenis" shall be made oniy in cases where the class of positions is
vacant for more than one (1) normal workday.
ARTfCLE 15. HOLIDAYS
15.1 The following nine (9) days shall be desigr�ated as unpaid holidays (except Labor Day as
noted in Articie 132}:
New YeaTs Day
Martin Luther King, Jr. Day
Presidents' Day
Memoriat Day
Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving Day
Christmas Day
Ja�uary 1
7hird Monday I� January
Third Monday in February
Last Monday in May
July 4
First Monday in September
Fourth Thursday in November
Fourth Friday in November
December 25.
152 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the
foilowing Monday shall be considered the designated holiday. W hen any of these three (3)
holidays fal(s on a Safurday, the preceding Friday shail be considered the designated
holiday.
] 5.3 The nine (9) holidays shall be considered non-workdays.
15.4 If, i� the judgment of the Empioyer, personnei are necessary for operating or emergency
reasons, employees may be scheduied or "called back" in accordance wfth Article to (Cali
Back).
'15.5 Employees called in to work on a designated holiday shatl be compensated at the rafe of
two (2) times the basic hourly rate for al! hours worked.
15.6 Employees working on Labor Day shail be recompensed for work done on this day by being
granted compensetory time on a time and one-haif basis or by being paid on a time and one-
half basis for such hours worked, in addition to the regular pay.
In order to be eligible for holiday pay for the Labor Day Holiday, employees who are on active
payroil status preceding and foliowing the Labor Day Holiday shall receive pay for the Labor Day
Holiday.
15.7 When Martin Luther King Jr. Day, Presidents' Day or the Day After Thanksgiving falls on a
day when school is in session, the employee shal! work that day at straight time and another
day shall be designated as the holiday. This designated fioliday sha(( be a day on which
schoot is not in session and shaii be determined by agreement between the empioyee and
the supervisor.
15.8 If Martin Luther King Jr. Day, Presidents' Day or the Day After Thanksgiving faiis on a day
when school is not in session, that day wiii normally be an unpaid holiday. If the Employer
schedules work on such days, employees will be offered att opportunity to work that day at
the straight-time rate and will not be required to take another day off to replace the holiday.
!t ihe employee is called in on such day, they wili be calied in accordance with Article i 0 and
paid as in 15.5.
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AR'fICLE 16. DiSCIPLINARY PROCEDURES
16.1
16.2
The Employer shall have the right to impose disciplinary actions on emp4oyees for just
cause.
Discipiinary actions by the Empioyer shall include only the foffowing actions:
16.2.i Oral reprimand;
16.2.2 Written reprimand;
�6.2.3 Suspension;
162.4 Demotion;
16.2.5 Discharge.
16.3 Employees who are suspended, demoted or discharged shail retain afl rights under
Minnesota Statute § 179A2D, Subd. 4, and thereby shali have the right to request that such
actions be considered a"grievance" for the purpose of processing through the provisions of
Article 22 (Grievance Procedure). Once an employee or the Union in the empioyee's behalf
initiates review of an action, that matter shall not again be reviewed in another forum. �ral
reprimands shaff not be subject to the grievance review process.
ARTICLE 17. ABSENCES FROM WORK
17.1 Employees who are unable to report fior their normal workday have the responsibility to
notify their supervisor of such absence as soon as possible, but in no event later than the
beginning of such workday.
17.2
17.3
Failure to make such notification may be grounds for discip�ine as provided in Articie 16
(Disciplinary Procedures).
Failure to report for work without notification for three (3) consecutive norma! workdays may
be considered a"quiY' by tfie Employer on the part of the empfoyee.
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ARTICLE y8. SENIORITY
18.1 Effective May 1, t993, for the purpose of this Article, the following terms shall be defined as
follows:
18.1.1 The term, "Employer," sha41 mean Independent School District No. 625, Saint Paul
Public Schools.
18.1.2 The term, "Master Seniority," shall mean the length of continuous regular and
probationary service witi� the Employer from the date an employee was first
appointed to any class tiile wiih the Employer covered by this Agreement.
18.1.3 The term, "Class Seniority' shali mean the length of continuous regutar and
probationary service with the Employer from fhe date an emptoyee was first
appointed to a position wiih the Employer in a class title covered by this
Agreement.
This Section 18.1.3 is intended to mean thai on or after May 1, 7993, an empioyee
who is newly hired to the Employer (District), no matter what the person's prior
experience or how hired by the pistrict, wi�t have his/her class seniority start at
zero on the day of appointment to a Schotil District position in that title and
seniority will begin to be calculated from that date. An employee's Class Seniority
does not revert to zero following recall from an Employer irtitiated layoff within the
24 month recall rights period specified in 18.4. This delinition of class seniority wii!
be used for all layoff decisions.
182 Seniority shati 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 iliness or
injury; is granted to ailow an empioyee to accepf an appointment to the uncfassified service
of the Employer or to an elected or appofnted tull-time position with the Union.
18.3 Seniority shall terminate when an employee retires, resigns or is discharged.
18.4 In the event it is determined by the Empioyer that it is necessary to reduce the workforce,
employees will be laid off by class title wfthin each Department based on inverse length of
"Class Seniority." Employees laid off by the Employer shall have the right to reinstatement in
any tower-paid class Yitle previously held which is covered by this Agreement, provided the
employee has greater "Class Seniority' than the employee being replaced. Reca(i from
layoff shai! be in inverse order of layoff, except thai recall rights shait expire after 24 months
from the last day of work preceding the layoff. No other Civil Service recai( rights to this
Empioyer sha!! appty. This provision does not address any rights ihe empbyee may have to
be recafled to any other employer.
18.5 The selection of vacation periods shall be made by ciass title based on tength of "Class
Seniority," subjecY to the approval of the Empioyer.
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ARTICLE 19. JURISDICTION
19.1 Disputes conceming work jurisdiction between and among unions are recognized as an
appropriate subject for determination by the various unions representing employees of the
Employer.
192 The Employer agrees to be guided in the assignment of work jurisdiciion by any mutuai
agreements beiween the unions invoived.
19.3 in the event of a dispute concerning the performance or assignment of work, ihe unions
involved and the Employer shail meet as soon as mutually possible to resolve the dispute.
Nothing in the foregoing shail restrict the right of the Employer to accomplish the work as
originally assigned pending resolution of the dispute or to restrict the EmployePs basic right
to assign work.
19.4 Any empioyee refusing to perform work assigned by the Empioyer and as ciarified by
Sections 19.2 and 19.3 above shaii be subject to disciplinary action as provided in Articfe 16
(Disciplinary Procedures).
19.5 There shall be no work stoppage, siow down or any disruption of work resulting from a work
assignment.
ARTICLE 20. SEPARATION
20.1 Employees having a probationary or regular empioyment status shall be considered
separated from employme�t based on the foilowing actions;
20.1.1 Resianation. Empfoyees resigning from employment shall give written notice
fourteen (14) calendar days prior to the effective date of the
resignation.
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20.1.2
20.1.3
Discharqe. As provided in Article 16.
Fallure to ReQort for Dutv. As provided in Articie 17.
20.2 Employees having a temporary employment siatus may be termfnated at the discretion of
the Employer before the completion of a normal workday.
ARTICLE 21. TOOLS
21.1 All empfoyees sha11 personally provide themselves with the tools of the trade as fisted in
Appendix B.
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ARTICLE 22. GRIEVANCE PROCEDURE
22.1 The Employer shalf recognize Sfewards selecfed in accordance with Union rules and
reguiations as the grievance representative ot the bargaining unit. The UNION shall nofify
ffie Employer in writing of the names of the Stewards and of their successors when so
named.
22.2 it is recognized and accepted by the Empioyer and the Union thai the processing of
grievances as hereinafter provided is limfted by the job duties and responsibilities of the
employees and shaii therefore be accomplished during working hours only when consistent
with such employee duties and responsibil'�ties. The Steward involved and a grieving
employee shall suffer no toss in pay when a grievance is processed during working hours,
provided the Steward and the employee have notified and received the approvai of their
supervisor to be absent to process a grievance and that such absence woutd not be
detrimental to the work programs of the Employer.
22.3 The procedure established by this Article shail, except as previousiy noted in Article 16
(Disciplinary Procedures), be the sole and exclusive procedure, for the processing of
grievances, which are defined as an alleged violation of the terms and conditions of ihis
Agreement.
22.4 Grievances shafl be resolved in conformance with the following procedure:
Step �. Upon the occurrence of an a(leged vio(ation of this Agreement, fhe employee
involved sha!! attempt to resolve the maHer on an informal basis wRh the
emp(oyee's supervisor. If the matter is not resolved to the emp(oyee'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, ihe facts on which it is based, the alleged section(s) of the
Agreement violated, and the reiief requested. Any aileged violation of the
Agreement not reduced to writing by the tJnion wiihin 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, shali be considered waived.
Ste°2. Wiihin seven (7) calendar days after receiving the written grievance, a
designated Employer supervisor shalt meet with the Union Steward and attempt
to resolve the grievance. If, as a resuR of this meeting, the grievance remains
unresolved, the Employer shafl 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 wifhin seven (7) caiendar days foliowing receipt of the
Empioyer's written answer. Any grievance not referred in writing by the Union
wifhin seven (7} calendar days foliowing receipt of the Empioyer's answer shai(
be considered waived.
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� ART{CLE 22. GRIEVANCE PROCEDURE {continued)
Ste� 3. W�fiin seven (7) calendar days foliowing receipt of a grievance referred from
Step 2, a designated Employer supervisor shall meet with the Union Business
Manager or his designated representative and attempt to reso{ve the grievance.
Within seven (7J calendar days following this meeting, the Employer shail reply
in writing to the Union stating the Empioyer's answer concerning the grievance.
If, as a resuii 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) caiendar days following receipt of the
Employer's answer shalf be considered waived.
Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar
days after the response of the Emp{oyer in Step 3, by written notice to the
Empioyer, request arbitraiion of the grievance. The arbitration proceedings
shall be conducted 6y an ar6itrator to be selected by mutual agreement of the
Employer and the Union within seven (7) caiendar days after notice has been
given. If the parties fail to mutuafly agree upon an arbitrator within the said
seven (7- day period, either party may request the Bureau of Mediation
Services to submit a panel of five (5) arbitrators. Both the Employer and the
Union shall have the right to strike two (2) names from the panel. The Union
shall strike the first (1st) name; the Employer shall then strike one (1) name.
The process will be repeated and the remaining person shall be the arbitrator.
22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from
the provisions of this Agreement. The arbitrator shail consider and decide onfy the specific
issue submitted in writing by the Employer and the Union and shali have no authority to
• make a decision on any other issue not so submitted. The arbitrator sha11 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 Iaw. The ar6itrator's
decision shall be submitted in wriiing within thirty (30) days following case of the hearing or
the submission of briefs by the parties, whichever be later, uniess the parties agree to an
extension. The decision shalf be based solety on the arbitrator's interpretation or appfication
of the express terms of this Agreement and to the facts of ths grievance presented. The
decision of the arbitrator shall be finaf and binding on the Employer, the Unio�, and the
employees.
22.6 The fees and expenses for the arbitrator's services and proceedings shaii be bome equaliy
by the Employer and the Union, provided that each parry shall be responsibie for
compensating its own representative and witnesses. ii either party desires a verbatim
record of the proceedings, it may cause such a record to be made, providing it pays for the
record.
22.7 The time limits in each step of this procedure may be eutended by mutual agreement of the
Empioyer and the Union.
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ARTlCLE 23. R1GHT OF SUSCONTRACT
23.1 The Employer may, at any time during the duratiort 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 workforce covered by this Agreement, ihe Employer shall
give the Union a ninety (90)-calendar day notice of the intention to subcontract.
232 The subcontracting of work done by the empioyees covered by this Agreement shall in all
cases be made oniy to employers who quaiity in accordance with Ordinance No. 14Q13.
ARTICLE 24. NON-DISCRIMINATION
24.� The terms and conditions of ihis Agreement wili be applied to employees equally wiihout
regard to or discrimination for or against, any individuai because or race, color, creed, sex,
age or because of inembership or non-membership in the Union.
242 Employees wiil perform their duties and responsibilities in a non-discriminatory manner as
such duties and responsibilities involve other employees and the general pubiic.
ARTICLE 25. SEVERABILlTY
25.1 In the event that arty provision(s) of this Agreement is declared to be contrary to law by
proper legislative, administrative or judicial authority from whose fi�ding, determination or
decree no appeal is taken, such provisiott (s) shall be voided. All other provisions shall
continue in full force and effect.
25.2 The parties agree, upon written notice, to enter into negotiations to place tfie voided
provisions of the AgreemenY in compliance with the legislative, administrative, or judicial
determination.
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� ARTICLE 26. WAIVER
26.t The Employer and the Union acknowledge that during the meeting and �egotiating which
resufted in this Agreement, each had the right and opportu�iry to make proposals wfth
respect to any subject concerning the tertns and conditions of employment. The
Agreemerrts and understandings reached by the parties after the exercise of this right are
fully and compietely set forth in this Agreement.
26.2 Therefore, the Empioyer and the Union for the duration of this Agreement agree that the
other parly shall not be obligated to meet and negotiate over any term or condftion of
empfoyment whether specificaliy covered or not specifically covered by this Agreement.
The Union and Empfoyer may, however, mutuaify agree to modify any provision of this
Agreeme�t.
26.3 Any and all prior ordinances, agreements, resofutions, pracUces, policies, and ruies or
regulations regarding the terms and conditions of empioyment, to the e�ctent they are
inconsistent with this Agreement, are hereby superseded.
ARTICLE 27. MILEAGE
27.1 Employees of the Schoof District under poficy adopted by the Board of Education may be
reimbursed for the use of their automobiies for schoot 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 current rate approved by the Board or 31¢ per mile,
whichever is greater. In addition, a maximum amount that can be paid per month is
estabiished by an estimate furnished by the employee and the empioyee's supervisor.
Another consideration for establishing the maximum amount can be the experience of
another work+ng in the sarne or Similar position.
Under this plan, it is necessasy for the employee to keep a record oS each trip made.
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ARTICLE 28. DURRTtON AND PLEDGE
28.1 This A�reement shatl become eifective as of May 1, 1999, except as specficatly provided
otherw�se in ArGcles 12 and 13, and shatl remain in effect through the 30th day of Aprii,
20Q2, and coRtinue irt effect from year to year thereafter unless rzotice to change ar to
terminate is given in the manner provided in 28.2.
282 if either paRy desires to terminate or modify this Agreemeni effective as of the date of
expiration, the party wishing to modify or terminate the Agreement shatf give written notice
to the oiher party, not more than ninety (90) or less than sixty (60} calendar days prior Yo
the expiration date, provided �at the Agreement may only be so terminated or modified
effective as of the expiration date.
28.3 In consideration of the tertns and conditions of employment estabiished by this Agreement
and the recognition that the Grievance Procedure herein estabiished is the means by which
grievances conceming iYs application or interpretation may be peacefu!!y resolved, the
parties hereby ptedge that during the tertn of the AgreemenY.
28.3.1 The Union and fhe emplayees will not engage in, irtstigate or condone any
concerted action in which emptoyees fait to report for duty, witifuiry absent
themselves from work, stop work, slow down their work or absent themseives in
whole or part irom the fuil, faithfui performance of their du8es of employment.
28.32 The Employer wiil not engage in, instigate or condone any lockout of empioyees.
28.3.3 This constitutes a tentative Agreement between the parties which wiil be
rewmmended by the Schooi Board Negofiator, but is subject to the approval of
the Administretiort of the City, Independent School Distr+ct No. 625, and is also
subject to ratification by the Association.
The parities agree and attest that this Agreement represents the fuil and compiete
understanding of the parties for the period of time herein specified by the signature of the folfowing
represenfaiives for the Employer and ihe Union.
WITNESSES:
INDEPENDENT SCHOOL DISTRICT
NO. 625
SHEET METAL WORKERS tNTERNATIONAL
ASSOCIATlON LOCAL 10
���%f�Ll.e[� ��e���i"/
B�ines nager
�1-� ��,9
76
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� APPENDIX A
The classes of positions recognized by the Employer as being exciusively represented 6y the Union
are as foilows:
Sheet Metal Worker
Lead Sheet Metal W orker
Apprentice - Sfieet Metai Worker
and other cfasses of positions that may be estabfished by the Employer where the duties and
responsibi{ities assigned come within the jurisdiction ot the Union
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APPENDlX B
Too! Box
Whitney, Small
Crescent W rench or set of Open-end W renches
Center Punches
Hacksaw Frame
Chise(s
Small Hand Tongs
6' Folding Rule
Screwdriver
Scratch Awis
Pliers
Snips, Straight-aviation L and R
Hammers {Tinners}
Rally Bar
Combination Square
Prick P�nch
i0' Tape
Dividers
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APPENDiX C
C1. The total houriy cost to the Empioyer for wages plus any and ail contributions or deductions
stated in Appendix D of this Agreement shail not exceed the following amounts:
Effective
5-1-99
Sheet Metal Worker
Lead Sheet Metai Worker
$35.51
$3'7.51
Effective ENective
5-1-00 $-1-p1(�)
$3722 (1)
$3922 (�)
C2. The tota! taxabie hourly rate including wages and the vacation contribution in Appendix D
and excluding a11 other benefit costs and obligations in Appendix D, for regular and
probationary empfoyees appointed to the foflowing classes of positions shall6e as follows:
Effective
5-1-99
Sheet Metal Worker
Lead Sheet Metal W orker
$27.33
$2924
� C2A. The basic houriy wage rates in this Appendix (C2A) are for compensation analvsis
purposes onf . These figures represent the portion ot the Appendix C1 rates above
specificaily allocated to wages. These rates do NOT include taxable contributions
and therefore shouid NOT be used for taxable payroll catculations. See Appendix C2
above for total taxabte payro0 information.
Effective
5-1-99
Sheet Metal Worker
Lead Sheet Metal Worker
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$22.28
$24.19
Effective Effective
5-1-00 5-1-01
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Effective Effective
5-t-00 5-1_01
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�� 1 Note For Appendix Ct : The pariies agsee that for the third year ot this Agreement, there will be a reopener to discuss
wages and benefits only. The May 1, 2061 totaf hourly cost and distribution vrill be negotiated at thai time.
' The May �, 2000, hourty rates in Appendices C2, C2A and C3 shall be detertnined at a Iater date based on the ailocation
agreetl to by the Employer and the Union of the May 7; 2000, total hourly cost stated in Appendix Ct.
" The May 1,20Q1, houdy rates in Appendices C2, C2A and C3 shall be detertnined at a later date basetl on the allocation
agreetl top by ihe Employer and the Union of the May 1, 2001, iotal hourfy cost determinetl tor the third year waye
Teopener.
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APPENDIX C (continued)
C3. The tota! taxable hourly rate including wages and the vacation contribution in Appendix D
for temporary employees appointed to the foilowing classes of positions shail be:
Effective
5-1-99
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Sheet Metal Worker
Lead Sheet Metai Worker
$25.80
$27.80
.>
If a temporary empioyee working in a title Iisted in this Appendix C3 becomes subject to the
requirements of the Pubtic Employees Retirement Act (PERA), which thereby requires the
Employer to make contributions Yo PERA, the calculated hourly base rate of pay may
change so fhe Employer's cost does not exceed the amounts listed in C-1 above.
The basic houriy wage rates for the Apprentice ciass of positions are as follows:
This Secfion is held open for the addition of appropriate Apprentice rates in the event the
Employer initiates the employment of Apprentices.
If the Union eJecfs to have the eontributions tisted in Appendix D increased or decreased,
ihe Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a way
that the totai cost of the package (wage rate plus contributions) remains constant and does
not exceed the amounts shown in P.ppendix C, Section C1.
The total compensation (wages and fringes) received by employees covered by this
Agreement shall be equivalent in money to the tatal package paid by the employer to
employees in comparable classifications in the Agreemertt between Local 10 artd the Twin
City Division of the Sheet Metal, Air Conditioning and Roofing Contractors Association.
The totai package cost shail exclude any costs of payments made for industry promotion
and/or advertisement or any other purposes not directly and clearly beneficial to the public
employer.
in the evenY Local 70 and any sheet metal contractor affiliated or not affiliated with the Twin
Ciry Division of the Sheet Metal, Air Conditioning and Roofing Contractors Association and
doing business in the seven-county metropolitan area agree to a total commerciaf package
different from the above total commercial package and which is less than the above total
package, such differences shaii be immediately app(icab[e to tfie total compensafion paid to
employees covered by this Agreement.
� The May 7, 200D, nourly rates in Appendices C2. C2A ar�d C3 shall be determined at a later date basetl on the allocation
agreed to by the Employer and the Union of the May t 20Q0, tota! houdy cost stated in Appendix C7.
�� The May 1, 200t, houdy rates in Appendices C2, C2A arttl C3 shati be detertnined at a later date based on ffie alloeation
agreed top by ihe Employer and the Union of ihe May 1, 2001, total fiour(y cost determined for the third year wage
reopener.
EffecNve Effective
5-1-00 5-1-01
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APPENDIX D
Effect+ve May 7, 1999, the Employer shaA forvvard the amounts designated in this Appendix D for
employees covered by this Agreement to depositories as directed by the Union and agreed to by the
Employer:
1. $2.10 per hour for all hours worked from which ail appropriate payroll deductions have
been made to a Union-designated Vacation Fund. This oavment shali onlv be made for
reouiar em�lovees paid at the Aopendix C2 rate.
2. $2.95 per hour for atl hours worked from which aif appropriate payroll deductions have
been made to a Union-designated Schooi District Holidav Fund. This �avment shall
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3. $2.96 per hour for all hours worked to a Union-designated Health and Welfare Fund.
4. $�.75 per hour for afl hours worked to a Union-designated Local Pension Fund.
5. $1.70 per hour for alI hours worked to a Union-designated National Pension Fund.
6. $.01 per hour for all hours worked to a Union-designated Scholarshio Fund.
7. $.02 per hour for ail hours worked to a Union-designated SMOHI Asbestos Screeninq
Fund.
8. $.32 per hour for ail hours worked to a Union-designated Journeyman and
Aoqrenticeship Traininq Furtds.
9. For temporary employees paid at the Appendix C3 rate; forward 2.10 per hour for ail
hours worked from which aii appropriate payroff deductions have been made to a
Union-designated Vacation Fund and 2.95 per hour for all hours worked to a Union-
designated Supolemental Pens+on Fund.
The Empioyer shall make iegally established non-negotiated pension contributions to
PERA. Changes in the mandated PERA rate may change the calculated hourly base
rate of pay so the Employer's cost does not exceed the amounts listed in C-1 above.
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Ail contributions made in accordance with this Appendix D shall be deducted from and are not in
addition to the amounts shown in Appendix C1. The Appendix D amounts shall be forwarded to
depositories as directed by ihe Union and agreed to by the Empioyer.
The Employer shafl estabVish Workers' Compensation and Unemployment Compensation programs
as required by Minnesota Statutes.
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APPENDIX D {continued) �
Employees covered by this Agreement shall not be eligible for, govemed by or accumulate vacation,
sick leave, holiday, funeral ieave, jury duty or insurance fringe benefits that are or may be
established by Personnel Ruies Council Ordinance or Counci! Resotutions.
The Empioyer's tringe benefit obligation to employees covered by this Agreemeni is limited to the
contributions and/or deductions established by this Agreement. The actuat tevel of benefits
provided to employees shail be the responsibility of the Trustees of the various funds to which the
Employer has fonvarded coniributions and/or deductions.
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