277411 WHITE - CITY CLERK �����
PINK - FINANCE n
CANARY - DEPARTMENT G I T Y O F S A I N T 1 �U L COURCII
BLUE - MAYOR
File N 0.
C il Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
An administrative Resolution approving the terms
and conditions of the 1981-1983 Labor Maintenance
Agreement between the City of St. Paul and the
Sheet Metal Workers, Local No. 76.
WHEREAS, the Council pursuant to the provisions of Section 12. 09
of the St. Paul City Charter and the Public Employees Labor Relations Act
of 1971, as amended, recognizes the Sheet Metal Workers, Local No. 76,
as exclusive representative for those classes of positions within the City of
St. Paul certified by the Bureau of Mediation Services Under Case No.
73-PR-513-A for the purpose of ineeting and negotiating the terms and
conditions of employment for all full-time personnel in the classes of
positions as set forth in the Agreement between the City and the exclusive
representatives hereinabove referenced; and
WHEREA5, the City through designated representatives, and the ex-
clusive representatives have met in good faith and negotiated the terms and
conditions of employment for the period May 6, 1981, through April 30, 1984,
for such personnel as are set forth in the Agreement between the City of
St. Paul and the exclusive representatives; and
WHEREAS, a 1981-1983 Agreement has been reached which includes a
wage adjustment retroactive to May 6, 1981; now, therefore, be it
RESOLVED, that the Maintenance Labor Agreement, cited above, dated
as of the effective date of this Resolution, between the City of St. Paul and the
Sheet Metal Workers, Local No. 76, on file in the office of the City Clerk, is
hereby approved, and the authorized administrative officials of the City are
hereby authorizecj and directed to execute said Agreement on behalf of the City.
s
Approved:
�—
C ai man, ' 1 Servic ommis n
COU[VC[LMEN Requestgd by Department of:
Yeas Nays
Hunt PERS NNEL OFFICE
Levine [n Favor
Maddox �
McMahon B
Showalter __ Against Y —
Tedesco
Wilson
Adopted by Council: Date SEP � 5 196t Form prove by CityAttorney
Certified P� y Council retar BY
App by ;btavor: Date _ JEP 1 6 19Bt App by Mayor f � ' � o Council
By _ _
PUBLiSHED SEP 2 61981
,_ , �d`�411
1981 - 1983
MAINTENANCE LABOR AGREE�IENT
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INDEPENDENT SCHOOL DISTRICT N0. 625
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SHEET METAL WORKERS
INTERNATIONAL ASSOCIATION
LOCAL 76
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' INAEX
ARTICLE TITLE PAGE
Preamble iii
I Purpose 1
II Recognition 2
III Employer Rights 3
IV Union Rights 4
V Scope of Agreement 5
VI Probationary Periods 6
VII Philosophy of Employment and Compensation 7
VIII Hours of Work 8
IX Overtime 9
X Call Back 10
XI Work Location 11
XII Wages 12
XIII Fringe Benefits 14
XIV Selection of Foreman and General Foreman 15
XV Retirement 16
XVI Holidays 17
XVII Disciplinary Procedures 18
XVIII Absences From Work 19
XIX � Seniority 20
XX Jurisdiction 21
XXI Separation 22
XRII Tools 23
XXIII Grievance Procedure 24
XXIV Right of Subcontract 28
XXV Non-Discrimination ' 29
XXVI Severability 30
XXVII Waiver 31
XXVIII Mileage - Independent School District No. 625 32
XXIX Duration and Pledge 33
Appendix A A1
Appendix B B1
Appendix C C1
Appendix D D1
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: ����1
PREATIBLE
This AGREEMENT is entered into between Independent School District
No. 625, hereinafter referred to as the EMPLOYER and the Sheet .ietal Workers
International Association Local 76 hereinafter referred to as the UNION.
The EMPLOYER and the UNION concur that this AGREEMENT has as its
objective the promotion of the responsibilities af the City of Saint Paul
for the benef it of the general public through effective labor-management
cooperation.
The EMPLOYER and the UNION both realize that this goal depends not
only on the words in the AGREEMENT but rather primarily on attitudes between
people at all levels of responsibility. Constructive attitudes of the IIKPLOYER,
the UNION, and the individual employees will best serve the needs of the
general public.
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�����
� � ARTICLE I - PURPOSE
1.1 The EMPLOYER and the UNION agree that the purpose for entering into
this AGREF.�IENT is to:
1.11 Achieve orderly and peaceful relations, thereby
establishing a system of uninterrupted operations
and the highest level of employee performance that
is consistent with the safety and well-being of all
concerned;
1.12 Set forth rates of pay, hours of work, and other
conditions of employment as have been agreed upon
by the EMPLOYER and the UATION;
1.13 Establish procedures to arderly and peacefully resolve
disputes as to the application or interpretation of
this AGREII�SENT without loss of manpower productivity.
1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a
supplement to Iegislation that creates and directs the EMPLOYER. If
any part of this AGREEMENT is in conflict with such legislation, the
latter shall prevail. The parties, on written notice, agree to negotiate
that part in conflict so that it conforms to the statute as provided by
Article 26 (SEVERABILITY) .
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ARTICLE II - RECOGNITION
2.1 The EMPLOYER recognizes the UNION as the exclusive representative
for collective bargaining purposes for all personnel having an
employment status of regular, probationary, provisional, te�porary,
and emergency employed in the classes of positions defined in 2.2
as certified by the Bureau of Mediation Services in accordance
with Case No. 73-PR-513-A dated May 15, 1973.
2.2 The classes of positions recognized as being ea�clusively represented
by the IINION are as listed in Appendix A.
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• , ARTICLE III - EMPLOYER RIGHTS
3.1 The EMPLOYER retains the right to operate and manage all manpower,
facilities, and equipment; to establish functions and programs;
to set and amend budgets; to determine the utilization of technology;
to establish and modify the organizationa.l structure; to select,
direct, and determine the number of personnel; and to perform any
inherent managerial function not specifically li.mited by this
AGREEMENT.
3.2 Any "term or condition of employment" not established by this
AGREEMENT shall remain with the EMPLOYER to eliminate, modify, or
establish following written notification to the UNIQN.
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� ���11
' , ARTICLE IV - UNION RIGHTS
4.1 The EMPLOYER shall deduct from the wages of employees who authorize
such a deduction in writing an amount necessary to cover monthly
UNION dues. Such monies deducted sha11 be remitted as directed by
the UNION.
4.11 The EMPLOYER shall not deduct dues from the wages
of employees covered by this AGREEMENT for any other
labor organization.
. 4.12 The UNION shall indemnify and save harmZess the
EMPLOYER from any and all claims or charges made
against the EMPLOYER as a result of the implementation
of this ARTICLE.
4.2 The UNION may designa.te one (1) employee from the bargaining unit to
a�t 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 23 (GRIEVANCE PROCEDURE) .
4.3 Upon notif ication to a designated EMPLOYER supervisor, the Business
Manager of the UAII�N, or his designated representative shall be
premitted to enter the facilities of the FMPLOYER where employees
covered by this AGREEMENT are working.
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ARTICLE V - SCOPE OF THE AGREEMENT
5.1 This AGREEMENT establishes the "terms and conditions of employment"
defined by M.S. 179.63, Subd. 18 for all employees exclusively
represented by the UNION. This AGREEMENT shall supersede such
"terms and conditions of employment" established by Civil Service -
Rule, Council Ordinance, and Council Resolution.
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. ' 1Gr� ���.�
� ARTICLE VI - PROBATIONARY PERIODS
6.1 Al1 personnel, originally hired or rehired following separation, in
a regular employment status shall serve a six (6) months' probationary
period during which time the employee's fitness and ability to perform
the class of positions' duties and responsibilities shall be evaluated.
6.11 At any time during the probationary period an
employee may be terminated at the discretion of the
� IIKPLOYER without appeal to the provisions of Article 23
(GRIEVANCE PROCEDURE) .
6.12 An employee terminated during the probationary period
shall receive a written notice of the rea.son(s) for
such termination, a copy of which shall be sent to the
UNION.
6.2 All personnel promoted to a higher class of positions shall serve a
six (6) months' promotional probationa.ry period during which time
the employee's fitness and ability to perform the class of positions'
duties and responsibilities shall be evaluated.
6.21 At any time during the promotiona.l probationary period
an employee may be demoted to the employee's previously
held class of positions at the discretion of the EMPLOYER
without appeal to the provisions of Article 23 (GRIEVANCE
PROCIDURE) .
6.22 An employee demoted during the promotional probationary period
shall be returned to the employee's previously held class of
positions and sha11 receive a written notice of the reasons for
demotion, a copy of which shall be sent to the UNION.
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' . ARTICLE VII - PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The EMPLOYER and the UNION are in full agreement that the philosophy
of employment and compensation shall be a "cash" hourly wage and
"industry" fringe benef it system.
7.2 The EMPLOYER shall compensate employees for all hours worked
at the basic hourly wage rate and hourly fringe benefit rate as
found in Articles 12 (WAGES) and 13 (FRINGE BENEFITS) .
7.3 No other compensation or fringe benef it shall be accumulated
or earned by an employee except as specifically provided for
in this AGREII�IENT; except those employees who have individually
optioned to be "grandfathered" as provided by 12.2.
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� 1� .1�1,
� ARTICLE VIZI - HOURS OF WORK
8.1 The normal work day shall be eight (8) consecutive hours per day,
excluding a thirty {30) minute unpaid lunch period, between 7:00
a.m. and 5:30 p,m.
8.2 The normal work week shall be five (5) consecutive normal work
days Monday through Friday.
8.3 If, during the term of. this AGREEMENT, it is necessary in the
EMPLOYER'S 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 This section shall not be construed as, and is not a guarantee of,
any hours of work per normal work day or per normal work week.
8.5 All employees shall be at the location designated by their supervisor,
ready for work, at the established starting time and shall remain
at an assigned work location until the end of, the established work
day unless otherwise directed by their supervisor.
8.6 All employees are sub�ect to call-back by the EMPLOYER as provided
by Article 10 (CALL-BACK) .
8.7 Employees reporting for work at the established starting time and
for whom no work is available shall receive pay for two (2} hours,
at the basic hourly rate, unless notification has been given not
to report for work prior to leaving home, or during the previous
work day.
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ARTICLE IX - OVERTIME
9.1 All overtime compensated for by the EMPLOYER must receive prior
authorization from a designated F1�iPL0YER supervisor. I��o overtime
work claim will be honored for payment or credit unless approved in
advance. An overtime claim will not be honored, even though shown"
on the time card, unless the required advance approval has been
obtained.
9.2 The overtime rate of one and one-half (l�) the basic hourly rate
shall be paid for work parformed under the following circumstances:
9.21 Time worked in excess of eight (8) hours in any one
narmal work day and
9.22 Tine worked on a sixth (6th) day following a normal
work week.
9.3 The overti.me rate of two (2) times the basic hourly rate shall be
paid for work performed under the following circumstances:
9.31 Time worked on a holiday as defined in Article 16
(HOLIDAYS) ;
9.32 Time worked on a seventh (7th� day following a
normal work week; and
9.33 Time worked in excess of twelve (12) consecutive hours
in a twenty-four (24� hour period, provided, that all
"emergency" work required by "Acts of God" shall be
compensated at the rate of one and one-half (1�) .
9.4 For the purposes of calculating overtime compensation overtime hours
worked shall not be "pyramided", compounded, or paid twice for the
same hours worked.
9.5 Overtime hours worked as provided by this ARTICLE shall be paid in cash.
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' �����
ARTICLE X - CALL BACK
I0.1 The EMPLOYER retains the right to call back employees before an
employee has started a normal work day or normal work week and
after an employee has completed a normal work day or normal work
week.
10.2 Employees called back shall receive a minimum af four (4) hours
pay at the basic hourly rate.
10.3 The hours worked based on a call-back shall be compensated in
accordance with Article 9 (OVERTIME), when applicable, and subject
to the minimum established by 10.2 above.
10.4 Employees called back four (4) hours or less prior to their normal
work day shall complete the normal work day and be compensated
only for the overtime hours worked in accordance with Article 9
(OVERTIME).
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' ARTICLE XI - WORK LOCATION
11.1 Employees shall report to work location as assigned by a designated
EriPLOYER supervisor. During the normal work day employees may be -
assigned to other work locations at the discretion of the E�IPLOYER.
11.2 Employees assigned to work locations during the normal work day,
other than their origina.l assignment, and who are required to furnish
their own transportation shall be compensated for mileage.
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� � �"7411
- � ARTICLE XII - WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be
paid for all hours worked by an employee.
12.2 Employees who are covered by the fringe benefits listed below shall
continue to be covered by such benefits. They shall be sub�ect to
all other provisions of the AGREEMENT, but shaZl not have hourly
fringe benefit contributions and/or deductions made on their behalf
. as provided for by Article 13 (FRINGE BENEFITS) .
12.21 Insurance benef its as established by City of Saint Paul
Resolutions including lif e, hospital and health insurance
for early retirees who have retired since February l, 1975.
In order to be eligible for the health benefits under the
early retiree provision, the employee must:
12.21.1 Be receiving benefits from a pubiic employee
retirement act at the time of retireaent.
12.21.2 Have severed his relationship with the City of
Saint Paul under one of the early retiree plans.
12.21.3 Inform the Personnel Off ice of the City of
Saint Paul in writing within 60 days of employee's
early retirement date that h�e or she wishes to be
eligible for early retiree insurance benef its.
12.22 Sick Leave as established by Resolution No. 3250, Section 20.
12.23 Vacation as established by Resolution No. 6446, Section I,
Subdivision H, however, employees fn this bargaining unit,
covered by this vacation provision, shall be granted vacation
at the rate of 160 hours in ea.ch calendar year.
12.24 Nine (g� legal holidays as esta.blished by Resolution No. 6446,
Section I, Subdivision I.
12.25 Severance benef its as established by the School District's
Severance Pay Plan with a maximum payment of $4,000.
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� ARTICLE XII - WAGES - (continued)
12.3 Regular employees not covered by the fringe benef its listed in Article
12.2 shall be considered, for the purposes of this AGREEMENT, participating
employees and shall be compensated in accordance with Article 12.1 (WAGES)
and have fringe benef it contributions and/or deductions made on their behalf
as provided for by Article 13 (FRINGE BENEFITS) .
12.4 Provisional, temporary, and emergency employees shall be considered, for
the purposes of this AGREEMENT, participating employees and shall be com-
pensated in accordance with Article 12.1 (WAGES) and have fringe benef it
contributions and/or deductions rmade in their behalf as provided for by
ArticZe 13 (FRINGE BENEFITS) .
12.5 All regular employees employed af ter February 15, 1974, sYiall be considered,
for the purpose of this AGREEMENT, participating employees and shall be
compensated in accordance with Article 12.1 (WAGES) and have fringe benefit
contributions and/or deductions made on their behalf as provided for by
Article 13 (FRINGE BENEFITS) .
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. �7'�411
. - ARTICLE XIII - FRINGE BENEFITS
13.1 The F.�IPLOYER shall make contributions on behalf of and/or
make deductions from the wages of employees covered by this
AGREEriENT in accordance with Appendix D for aIl hours worked.
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' ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FORII�IAN
14.1 The selection of personnel for the class of position Sheet
Metal Foreman shall remain solely with the II`ZPLOYER.
14.2 The class of position Sheet Metal Foreman sha1l be filled
by employees of the bargaining unit on a "temporary assignment".
14.3 All "temporary assigrnnents" shall be made only at the direction
of a designated F,MPLOYER supervisor.
14.4 Such "temporary assignments" shall be ma.de only in cases where
the class of positions is vacant for more than one (1) normal
work day.
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ARTICLE XV - RETIRIIKENT
15.1 All employees shall retire from employment with the EMPLOYER
no later than the last calendar day of the month in which an
employee becomes sixty-f ive (65) years old.
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ARTICLE XVI - HOLIDAYS
16.1 The following nine (9) days shall be designated as holidays:
New Year's Day, January 1
Presidents' Day, Third Monday in February
rlemorial Day, last Monday in May
Independence Day, July 4
Labor Day, first Monday in September ,
Columbus Day, second Monday in October
Veterans' Day, November 11
Thanksgiving Day, fourth Thursday in November
Christmas Day, December 25
16.2 When New Yea.r's Day, Independence Day or Christmas Day falls on a
Sunday, the following Monday shall be considered the designated
holiday. When any of these three (3) holidays falls on a Saturday,
the preceding Friday shall be considered the designated holiday.
16.3 The nine (9) holidays shall be considered non-work days.
16.4 If, in the judgment of the EMPLOYER, personnel are necessary for
operating or emergency reasons, employees may be scheduled or
"called back" in accordance with Article 10 (CALL BACK) .
16.5 Employees working on a designated holiday sha11 be compensated at
the rate of two (2) times the basic hourly rate for all hours worked.
16.6 In the case of Board of Education employees, if Presidents' Day, Columbus
Day or Veterans' Day falls on a day when school is in session, the employees
shall work that day at straight time and another day sha.11 be designated as
the holiday. This designated holiday shall be a day on which school is not
in session and shall be determined by agreement between the employee and
his supervisor.
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ARTICLE XVII - DISCIPLINARY PROCEDURES
17.1 The II�iPLOYER shall have the right to impose disciplinary actions on
employees for just cause.
17.2 Disciplinary actions by the IIKPLOYER shall include only the
following actions:
17.21 Oral reprimand
17.22 Written repri.mand
17.23 Suspension
17.24 Demotion
17.25 Discharge
17.3 Employees who are suspended, demoted, or discha.rged shall have the
right to request that such actions be reviewed by the Civil Service
Commission or a designa.ted Board of Review. The Civil Service
Commission, or a designated Board of Review, shall be the sole and
exclusive means of reviewing a suspension, demotion, or discha.rge.
No appeal of a suspension, demotion, or discharge shall be considered
a "grievance" for the purpose of processing through the provisions
of Article 23 (GRIEVANCE PROCIDURE) .
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� � ARTICLE XVIII - ABSENCES FROM WORK
18.1 Employees who are unable to report for their normal work day have
the responsibility to notify their supervisor of such absence as
soon as possible, but in no event later than the beginning of such
work day.
,
18.2 Failure to make such notification may be grounds for discipline
as provided in Article 17 (DISCIPLINARY PROCEDURES) .
18.3 Failure to report for work without notif ication for three (3)
consecutive normal work days may be considered a "quit" by the
EI�'Il'LOYER on the part of the employee.
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� - � `/'� .� i/
ARTICLE XIX - SENIORITY
19.1 Seniority, for the purposes of this AGREEMENT, shall be defined as
follows:
19.11 "Master Seniority" - the length of continuous regular
and probationary service with the EMPLOYER from the
last date of employment in any and all class titles
covered by this AGREEMENT.
� 19.12 "Class Seniority" - the length of continuous regular
and probationary service with the II�IPLOYER from the
date an employee was first appointed to a class title
covered by this AGREEMENT.
19.2 Seniority shall not accumulate during an unpaid leave of absence,
except when such a leave is granted for a periad of less than thirty
(30) calendar days; is granted because of illness or injury; is
granted to allow an employee to accept an appointment to the
unclassif ied service of the EMPLOYER or to an elected or appainted
full-time position with the UNION. .
19.3 Seniority shall terminate when an employee retires, resigns, or is
discharged.
19.4 In the event it is determined b� the EMPLOYER that it is necessary to
reduce the work force employees will be laid off by class title within
each Department based on inverse length of "Class Seniority." Employees
laid off shall have the right to reinstatement in any lower-paid class
title, provided, employee has greater "Master Seniority" than the employee
being replaced. _
19.5 The selection of vacation periods shall be made by class title based on
length of "Class Seniority", subject to the approval of the FMPLOYER.
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� ARTICLE XX - JURISDICTION
20.1 Disputes concerning work �urisdiction between and among unions is
recognized as an appropriate subject for determination by the various
unions representing employees of the E�IPLOYER.
20.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction
by any mutual agreements between the unions involved.
20.3 In the event of a dispute concerning the performance or assignment of
work, the unions involved and the II�iPLOYER shall meet as soon as mutually
- - possible to resolve the dispute. Nothing in the foregoing shall restrict
.,.�,
the.•,right of the EMPLOYER to accomplish the work as originally assigned
pending resolution of the dispute or to restrict the EI�LOYER'S basic
right to assign work.
20.4 Any employee refusing to perform work assigned by the F�IPLOYER and as
clarif ied by Sections 20.2 and 20.3 above shall be sub�ect to disciglinary
action as provided in Article 17 (DISCIPLINARY PROCEDURES) .
20.5 There shall be no work stoppage, slow down, or any disruption of work
resulting from a work assigmnent.
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ARTICLE XXI - SEPARATION
21.1 Employees having a prabationary or regular employment status shall
be considered separated from employment based on the following
actions:
21.11 Resignation. Employees resigning from employment
shall give written notice fourteen (14) calendax
days prior to the effective date of the resignation.
� 21.12 Retirement. As provided in Article 15.
21.13 Discharge. As provided in Article 17.
21.14 Failure to Report for Duty. As provided in Article 18.
21.2 Employees having an emergency, temporary, or provisional employment
status may be terminated at the discretion of the F�IPLOYER before the
completion of a normal work day.
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� - 2�7`7411
ARTICLE XXII - TOOLS
22.1 All employees shall personally provide themselves with the tools
of the trade as listed in Append� B.
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_ ARTICLE XXIII - GRIEVANCE PROCEDURE
23.1 The IIKPLOYER shall recognize Stewards selected in accordance with UNION
rules and regulations as the grievance representative of the bargaining
unit. The UNION shall notify the EMPLOYER in writing of the names of
the Stewards and of their successors when so named.
23.2 It is recognized and acc�pted by the EMPLOYER and the UNION that the
processing of grievances as hereinafter provided is limited by the job
duties and responsibilities of the employees and shall therefore be
accomplished during working hours only when consistent with such
employee duties and responsibilities. The Steward involved and a
grieving employee shall suffer no loss in pay when a grievance is pro-
cessed during working hours, provided, the Steward and the employee have
notified and received the approval of their supervisor to be absent to
process a grievance and that such absence would not be detrimental to
the work programs of the EMPLOYER.
23.3 The procedure established by this ARTICLE shall be the sole and exclusive
procedure, except for the appeal of disciplinary action as provided by
17.3, for the processing of grievances, which�are defined as an alleged
violation of the terms and conditions of this AGREEMENT.
23.4 Grievances shall be resolved in conformance with the following procedure:
Step 1. Upon the occurrence of an alleged violation of this
AGREII�IEPiT, the employee involved shall attempt to
resolve the matter on an informal basis with the
employee's supervisor. If the matter is not resolved
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� ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) �
�
to the employee's satisfaction by the informal discussion
it may be reduced to writing and referred to Step 2 by
the UNION. The written. grievance shall set forth the
nature of the grievance, the facts on which it is based,
the alleged section(s) of the AGREEMENT violated, and the
relief requested. Any alleged violation of the AGREEMENT
not reduced to writing by the UNION within seven (7)
calendar days of the f irst occurrence of the event giving
rise to the grievance or within the use of reasonable
diligence should have had knowledge of the first occurrence
of the event giving rise to the grievance, shall be considered
waived.
Step 2. Within seven (7) calendar days af ter receiving the written
grievance a designated EMPLOYER supervisor sha.11 meet with
the UNION Steward and attempt to resolve the grievance. If,
as a result of this meeting, the grievance remains unresolved,
the II�IPLOYER shall reply in writing to the UNION within three (3)
calendar days following this meeting. The UNION may refer the
grievance in writing to Step 3 within seven (7) calendar days
following receipt of the EMPLOYER'S written answer. Any grievance
not ref erred in writing by the UNION within seven (7) calendar
days following receipt of the EMPLOYER'S answer shall be
considered waived.
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� - �`1�74��
� ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
Step 3. Within seven (7) calendar days following receipt of a grievance
referred from Step 2 a designa.ted II�IPLOYER supervisor shall meet
with the UNION Business Manager or his designated representative
and attempt to resolve the grievance. Within seven (7) calendar
days following this meeting the EMPLOYER shall reply in writing
to the UNION stating the F.hiPLOYER'S answer concerning the grievance.
If, as a result of the written response the grievance remains
unresolved, the UNION may refer the grievance to Step 4. Any
grievance not referred in writing by the UNION to Step 4 with3n
seven (7) calendar days following receipt of the II�PLOYER'S a�swer
shall be considered waived.
Step 4. If the grievance remains unresoived, the UNION may within seven (7)
calendar days after the response of the FMPLOYER in Step 3, by
written notice to the II�iPLOYER, request arbitration of the grievance.
The arbitration proceedings shall be conducted by an arbitrator tQ
be selected by mutual agreement of the EMPLOYER and the UNION within
seven (7) calendar days after notice has been given. If the parties
fail to mutually agree upon an arbitrator within the said seven (7)
day period, either party may request the Public Employment Relatians
Board to submit a panel of five (5) arbitrators. Both the F�II'LOYER
and the UNION shall have the right to strike two (2) names from the
panel. The UNION shall strike the first (lst) name; the F.NIl'LOYER
sha.11 then strike one (1) name. The process will be repeated and
the rema.ining person shall be the arbitrator.
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. : 2 ,� � ���
ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
23.5 The arbitrator shall have no right to amend, modify, nullify, ignore,
add to, or subtract from the provisions af this AGREE2iENT. The arbitrator
shall consider and decide only the specific issue submitted in writing by
the EMPLOYER and the UNION and shall have no authority to make a decision
on any other issue not so submitted. The arbitrator shall be without
power to make decisions contrary to or inconsistent with or modifying or
varying in any way the application of laws, rules, or regulations having
the force and effect of law. The arbitrator's decision shall be submitted
in writing within thirty (30) days following close of the hearing or the
submission of briefs by the parties, whichever be later, unless the parties
agree to an extension. Tlie decision shall be based solely on the arbitrator's
interpretation or application of the exgress terms of this AGREEMENT and to
the facts of the grievance presented. The decision of the arbitrator shall
be final and binding on the EMPLOYER, the UNION, and the employees.
23.6 The fees and expenses for the arbitrator's services and proceedings
shall be borne equally by the F.�IPLOYER and the UNION, provided that
each party sha11 be responsible for compensating its own representative
and witnesses. If either party desires a verbatim record of the
proceedings, it may cause such a record to he made providing it pays
for the record.
23.7 The time limits in each step of this procedure may be extended by
mutual agreement of the E1�LOYER and the UNION.
- 27 -
ARTICLE XXIV - RIGHT OF SUBCONTRACT
24.1 The II�IPLOYER may, at any time during the duration of this
AGREEMENT, contract out work done by the employees covered
by this AGREEMENT. In the event that such contracting would
result in a reduction of the work force covered by this
AGREEMENT, the EMPLOYER shall give the UNION a ninety (90)
calendar day notice of the intention to sub-contract.
24.2 The sub-contracting of work done by the employees covered
by this AGREEMINT shall in all cases be made only to employers
who qualify in accordance with Ordinance No. 14013.
- 28 -
� �'�4�1
� ARTICLE XXV - NON-DISCRIMINATION
25.1 The terms and conditions of this AGREEMENT will be applied to
employees equally without regard to, or discrimination for or
against, any individual because of race, color, creed, sex,
age, or because of inembership or non-membership in the UNION.
25.2 Employees will perform their duties and responsibilities in
a non-discriminatory manner as such duties and responsibilities
im�olve other employees and the general public.
- 29 -
� _ �'�'�411
ARTICLE XXVI - SEVERABILITY
26.1 In the event that any provision(s) of this AGRE�iENT is declared
to be contrary to law by proper legislative, administrative, or
judicial authority from whose finding, determination, or decree
no appeal is taken, such provision(s) shall be voided. All other
provisions shall continue in full force and effect.
26.2 The parties agree to, upon written notice, enter into negotiations
to place the voided provisions of the AGREII`1ENT in compliance with
the legislative, administrative, or judicial determination.
- 30 -
' ARTICLE XXVII - WAIVER
27.1 The EMPLOYER and the UNION acknowledge that during the meeting
and negotiating which resulted in this AGREErfINT, each had the
right and opportunity to make proposals with respect to any
subject concerning the terms and conditions of employment. The
agreements and understandings reached by the parties after the
exercise of this right are fully and completely set forth in
this AGREEMENT.
27.2 Therefore, the ENIPLOYER and the UNION for the duration of this
AGREEMENT agree tha.t the other party shall not be obligated to
meet and negotiate over any term or conditions of employment
whether specifically covered or not specifically covered by this
AGREEMFNT. The UNION and �LOYER ma.y, however, mutually agree
to modify any provision of this AGREEPIENT.
27.3 Any and all prior ordinances, agreements, resolutions, practices,
policies, and rules or regulations regarding the terms and
conditions of employment, to the extent they �.re inconsistent
with this AGREEMENT, are hereby superseded.
- 31 -
�'7411
� ARTICLE XXVIII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625
28.1 Employees of the School District under policy adopted by the
Board of Education may be rei.mbursed for the use of their auto-
mobiles for school business. To be eligible for such reimburse-
ment, employees must receive authorization from the District
Mileage Committee utilizing one of the fallowing glans:
PLAN "A" is reimbursed at the rate of 19C per mile.
In addition, a maximum amount which can be paid per
month is established by an estimate furnished by the
- employee and the employee's supervisor.
Another consideration for establishing the maximum
amount can be the experience of another working i.n
the same or similar position.
Under this plan, it is necessary for the eaployee to
keep a record of each trip made.
PLAN "C" provides for reimbursement based on a per
month "lump sum" amount. This amount is determined
by the employee's driving experience under Plan "A"
for a period of 3 to 6 months. Those employees
receiving an auto allowance under this plan must
report monthly the number of days the car was avail-
able during the month. A deduction Taust be made from
the lump sum amount for each day the employee is
on vacation. A deduction need not be made for an
occasiona.l day of illness or for holiday.
- 32 -
ARTICLE XXIX - DURATION AND PLEDGE
29.1 This AGREEMENT shall become effective as of the date of signing,
except as specifically provided otherwise in Articles 12 and I3,
and shall remain in effect through the 30th day of April, 1984,
and continue in effect from year to year thereafter unless notice
to change or to terminate is given in the manner provided in 29.2.
However, both parties agree to reopen the Agreement solely for the
purpose of negotiating the wage rates for May 1, 1983.
29.2 If either party desires to terminate or modify this AGREII�IE�IT,
effective as of the date of expiration, the party wishing to
modify or terminate the AGREEMENT shall give written notice to
the other party, not more than ninety (90) or less than sixty (60)
calendar days prior to the expiration date, provided, that the
AGREEMENT may only be so terminated or modified effective as of
the expiration date.
29.3 In consideration of the terms and conditions of employment estab-
lished by this AGREEMENT and the recognition that the GRIEVAI�TCE
PROCEDURE herein established is the mea.ns by which grievances con-
cerning its application or interpretation may be peacefullp resolved,
the parties hereby pledge that during the term of the AGREEtfENT:
29.31 The UNION and the employees will not engage in,
instigate, or condone any concerted action in
which employees fail to report for duty, will-
fully absent ther.iselves from work, stop work,
slow down their work, or absent themselves in
whole or part from the full, faithful perfor-
mance of their duties of employment.
- 33 -
ARTICLE XXIX - DURATION AND PLEDGE (continued) ���4�.1
29.32 The II�SPLOYER will not engage in, instigate,
or condone any lock-out of employees.
29.33 This constitutes a tentative agreement between
the parties which will be recommended by the
City Negotiator, but is sub�ect to the approval ,
of the Administration of the City, the City
Council and is also subject to ratif ication by the
Association.
AGREED to this Sth day of August, 1981, and attested to as the
full and complete understanding of the parties for the period of time herein
sgecified by the signature of the following representative for the EMPLOYER
and the ASSOCIATION:
WITNESSES:
SHEET METAL WORKERS INTERNATIONAL
CITY OF SAINT PAUL ASSOCIATION, LOCAL 76
- � � � ��'� � �
L bor Rela�ons e ' r Bu 'ness Mana.ger
Civil Service Co�¢nission
- 34 -
� 2'7"7411
APPENDIX A
The classes of positions recognized by the FhIPLOYER as being exclusively
represented by the UNION are as fallows:
r
Senior Mechanical Inspector-Sheet Metal,
Sheet Metal Worker - Foreman,
Sheet Metal Worker,
Apprentice,
Sheet Metal Inspector;
and other classes of positions that ma.y be established by the EMPLOYER
where the duties and responsibilities assigned come within the jurisdiction
of the UNION.
- A1 -
�"`1'�411
APPENDIX B
Tool Box
Whitney, Small
Crescent Wrench or set of Open End Wrenches
Center Punches
Hacksaw Frame
Chisels
- Small Hand Tongs
6' Folding Rule
Screw Driver
Scratch Awls
Pliers
Snips, Straight-aviation L and R
Hammers (Tinners)
Dolly Bar
Combination Square
Prick Punch
10' Tape .
Dividers
- Bl -
2'�`741�.
APPENDIX C
The basic hourly wage rate for provisional, regular and probationary
employees appointed to the following class of positions and not receiving
the Fringe Benefits listed in Article 12.2 shall be:
Eff ective Effective Effective
May 6, 1981 May 1, 1982 May 1, 1983
Sheet Metal �lorker. . . . . $15.28 $17.01 **
Sheet Metal Worker Foreman. $16.43 $18.I6 **
Sheet Metal Inspector . . . $16,43 $18.16 **
Senior Mecha.nical
Inspector-Sheet Metal. . . $17.20 $18.93 **
The basic hourly wage rate for temporary and emergency employees appointed
to the following class of positions shall be:
Effective Effective Effective
Ma.y 6, 1981 May i, 1982 May i, 1983
Sheet Metal Worker. . . . . $15.89 $17.69 **
Sheet Metal Worker Foreman. $17.09 $18.89 **
Sheet Metal Inspector . . . $17.09 $18.89 **
Senior Mechanical
Inspector-Sheet Metal. . . $17.89 $19.69 **
The basic hourly wage rate for regular employees appointed to the following
class of positions who are receiving the fringe benefits listed in Article
12.2 shall be:
Effective Effective Effective
May 6, 1981 May 1, 1982 May 1, 1983
Sheet Metal Worker. . . . $14.22 * *�
Sheet Metal Worker Foreman. $15.18 * **
Sheet Metal Inspector . . . $15.09 * **
Senior Mechanical
Inspector-Sheet Metal. . . $15.73 * **
- C1 -
�'�`�411
APPENDIX C (continued)
*The May 1, 1982 hourly wage rates in this contract will be the rates
as shown below less the cost of sick leave usage for 198I and less the cost
of pensions, health and life insurance and vacation for 1982 incurred by
the employer for employees in this bargaining unit.
Sheet Metal Worker. . . . . . . . . . . . $19.96
Sheet Metal Worker-Foreman. . . . . . . . $21.16
Sheet Metal Inspector . . . . . . . . . . $21.16
Senior Mechanical Inspector-Sheet Metal . $21.96
**The May 1, 1983, hourly wage rates in this contract will be negotiated
at a later date.
If the Union elects to have the contributions listed in Appendix D
increased or decreased, the Employer may adjust the above applicable rates
for participating employees in such a way that the total cost of the package
(wage rate plus contributions) remains constant. .
- C2 -
.
.
a2 '7 7 �//
APPENDIX D
Effective May 6, 1981, the II�IPLOYER shall:
(1) contribute $ .94 per hour for all hours worked by participating
employees as def ined in Articles 12.3, 12.4 and 12.5 of this
AGREEMENT to a Welfare Fund.
(2) contribute $1.12 per hour for all hours worked by participating
employees as def ined in Articles 12.3, 12.4 and 12.5 of this
AGREEMENT to a Local Pension Fund.
(3) contribute $ .12 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 of this
AGREF�IENT to a National Pension Fund.
(4) deduct $1.20 per hour for all hours worked from the earnings of
participating employees as def ined in Articles 12.3, 12.4 and
12.5 of this AGREEMENT, and forward to a Vacation Fund.
(5) contribute $ .09 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 of this
AGREEMENT to the Journeyman and Apprenticeship Training Fund.
The above contributions may be increased as long as the applicable hourly
rates in Appendix C for participating employees are decreased by the same
total amount.
A}.1 contributions and deductions made in accordance with this Appendix shail
be forwarded to depositories as directed by the UNION.
The EMPLOYER shall establish Worl�an's Compensation and Unemployment Compen-
sation programs as required by Minnesota Statutes.
The EMPLOYER'S fringe benefit obligation to participating employees as defined
in Articles 12.3, 12.4 and 12.5 is limited to the contributions and/or deductions
established by this AGREEMENT. The actual level of benef its provided to employees
shall be the responsibility of the Trustees of the various funds to which the
ENIPLOYER has forwarded contributions and/or deductions.
- D1 -
_ _. _ _ _ �Gl 1 ���._ _
WFi1TE - C(TY CLERK � �
PINK. - FINANCE - � � � COUIICII
BLUE RY _ ME�PAQR�TMENT .�j T Y O F S A I N T � YA LI L File N O.
CITY CLERK CQUnC�l �eS���L'�0�
Presented By
Referred To Committee: Date
Out of Committee By Date
An administrative Resolution approvi.ng the terms
and conditions of the 1981-1983 Labor Maintenance
Agreement between the City of St. Paul and the
Sheet Metal Workers, Local No. ?6.
WHEREAS, the Council pursuant to the provisions of Section 12. 09
of the St. Paul City Charter and the Public Employees Labor Relations Act
of 1971, as amended, recognizes the Sheet Metal Workers, Local No. ?6,
as exclusive representative for those classes of positions within the City of
St. Paul c�rtified by the Bureau of Mediation Services Under Case No.
73-PR-513-A for the purpose of ineeting and negotiating the terms and
conditions of employment for all full-time personnel in the classes of
positions as set forth in the Agreement between the City and the exclusive
representatives hereinabove referenced; and
WHEREAS, the City through designated representatives, and the ex-
clusive representatives have met in good faith and negotiated the terms and
conditions of employment for the period May 6, 1981, through April 30, 1984,
for such personnel as are set forth in the Agreement between the City of
St. Paul and the exclusive representatives; and
WHEREAS, a 1981 -1983 Agreement has been reached which ineludes a
wage adjustment retroactive to May 6, 19$1; now, therefore, be it
RESOLVED, that the Maintenance Labor Agreement, cited above, dated
as of the effective date of this Re solution, between the City of St. Paul and the
Sheet Metal Workers, Local No. 76, on file in the office of the City Clerk, is
hereby approved, and the authorized administrative officials of the City axe
hereby authorized and directed to execute said Agreement on behalf of the Citp.
APProved:
Chairman, Civil Service Commission
COUNC{LMEN . Requested by �Department of:
Yeas Nays
►�unt PERSONNEL OFFICE
Levine In Favor
Maddox
McMahon B
snowa�ter . Against Y
Tedesco
Wiison
Form Approved.by City Attorney
Adopted by Council: Date
Certified YaSSed by Council Secretary BY
By �
Approved by :�tavor: Date _ Approved by Mayor for Submission to Council
fr ...._ . Ca�c� o� �,�a.�c��' PA'UL ��
`'• OFFxCE OF T��CITY CO�CIL ���„
��, '�.
�' ���� z. . '
:7't)1��+s'+""� -. - .
� ,�!siyrifl`�!. �. - , . .
.. � pnte ; September 4, 198I
t
�-
CO �i �� �iT'� E � � �' O �T
Tp : Soin� Pcrut Gity Council . .
�R Q�II % C O m IYl I����' O�7 FINANCE, NIANAGEMENT & PERSONNEL .
. ceorge Mcrsaho�, chairman, makes the following
report on C.F. ' ti) �-[��.. 4�dinance
(6) x[� Resolutian .
[� Other �
T !'i'LE : �.
' At its meeting of September 3, 1981, the Finance Commi.ttee recommended approval
• of the following: . � • _._.—.^_-
__ - -^
�_�..�,..� ______.._.-
1. Resolution transferring_ $40,000 from General Revenue Fund--Fund Balance-Not
Dedicated to .General Government Accounts-Building Trades Fringe�Benefits.
2. Ordinance amending Legislative Code to clarify types of groperty eligible
for subsidies for diseased tree removal. (12207-GMJ •
3. Resolution approving 1981-1983 Agreement between the City and Plumbers
Local 34. (12211-GM) ' - �
' �4. Resolution approving 1981-1983 Agreement between the City and Sheet MetaZ
Local No. 76.. (12212-GM) '
5. Resolution approving settlement between City and Twin Ci�y Iron Workers ; :
Local 512. (12213-GM) •
6. Resolution altering rule regarding promotion ri:ghts for title of Office
Services Administrator-Supervisor. (12210-GM)
7. Resolution making it possible for employees off-duty on workers`
compensation to return to work in lower paying classification without Iosing
seniority or reinstatement rights to classification they were in at time
injury or illness occurred. (12209-GM) .
(CONTINUED . . .)
CI-ry H�'�I„L SEVEN?H FLOOR SAIYf PAUL. tiiI�:�FSOTA »IO?
',:�'">.y
__ �___._.___ :��-.�..�_ -. -
� Co r�at detach this memerandum from the �- nr � PcY ,'� �-' �l-l�;/(
reso{ution so that this information wi{i be �
availabte to the City CoanclL
EXPLANATION OF ADMTNISTRATIVE ORDERS, �t71'j���[
RESOLUTIONS, AND ORDINANCES ICi/ � 1
Date: August 10, 1981
��> _
T0: MAYOR GEORGE LATIMER A�� l O ����
f'�f�a'''!3�.•�: o s�-���.:�.°
FR: Personnel Office
RE: Resolution for submission to City Council
ACTION REQU�STED
We recommend your approval and submission of this Resolution to the City Cauncil.
PURPOSE AND RATIONALE FOR THIS ACTION
This Resolution approves the 1981-1983 Agreement between the City and Sheet Metal
Local No. 76. The only change in the Agreement is wages.
The 1981 total package increase for the Mechanical Inspectors is $1. 86 per hour. This
results in a $1. 48 per hour increase in the base rate.
The Agreement calls for a total package increase of $1. 80 per hour effective May 1, 1982.
The determination of the distribution of $1. 80 will be made at a later date.
The contract will be reopened for wages only in May, 1983.
FINANCIAL IMPACT
The city has two inspectors covered by this Agreement. The increased cost in 1981 for
these two employees will be $6, 157 in wages and $1,581 in fringes for a total of $7, 738.
The 1983 increase costs will amount to $7,488.
ATTAC�IlKENTS:
Resolution, Agreement and copy for City Clerk.
WHITE - CITY CI.ERK � � . �}���� �
PINK - FlNANCC G I 1 Y O F SA I NT PA Lj L Council � � �
CA;VqRY - DEPARTMENT . F112 NO.. a
BLUE - � MAYOR � � �
CITY CLERK C��/�CZl �eS�l�Li��
Presented By
Referred To Committee: Date
Out of Committee By Date
An adminiscrative Resolution approving the terms
and conditions of the 1981-1983 Maintenance Labor .
Agreement between the City of St. Paul and fhe
Plumbers Local No. 34.
WHEREAS, the Council pursuant to the provisions of Section I2. 09
of the St. Paul City Charter and the Public Employees Labor Relations
Act of 1971, as amended, recognizes the Plumbers Local 34 as exclusive
representative for those classes of positions within the City of St. Paul
certified by the Bureau of Mediation Services under Case No. 73-PR-527-A
for the purpose of ineeting and negotiating the terms and conditions of employ-
ment for personnel in the classes of positions as set forth in the Agreeme�t
between the City and the exclusive repregentatives hereinabove referenced; and
WHEREAS, the City, through designated representatives, and the exclusive
representatives have met in good faith and negotiated the terms and conditions
of employment for the period May 1, 1981, through Apri1 30, Ig84, for such
personnel as are set forth in the Agreement between the City of St. Paul and the
exclusive representatives; and
WHEREAS, the 1981-1983 Agreement has been reached which inc2ude a
wage adjustment retroactive to May 1, 1981 ; now, therefore, be it
RESOLVED, that the Maintenance Labor Agreement, cited above, dated
as of the effective date of this Resolution, between the City of St. Paul and the
' Plumbers Local 34, on file in the office of the City Clex°k, are hereby approved
and the authorized administrative officials of the City are hereby authorized and
directed to execute said Agreements on behalf of the City.
Approved:
airman, ivil Service Commission
COUNCILMEN Requestgd by Department of:
Yeas' . Nays
H��t � PERSONNEL OFFIC E
Levine [n Favor
• Maddox �
McMahon B
snowaiter __ Against Y
Tedesco
Wiison
Adopted by Councit: Daie
SEP � 5 1981 Form Approved by City Attorney
Certifie� Yassed by Council Secretary BY
.. U��- � � - . . � . . . '
Approved by Vlayor. Date _ Approved by Mayor for Submission to Council
B}� _ By
` � � 0 "�Y��
1981 - 1983
MAINTENANCE LABOR AGREEMENT
� - between -
THE CITY OF SAINT PAUI.,
- and -
UNITED ASSOCIATION
PLUMBERS LOCAL 34
:
ItdDEX
ARTICLE TITLE PAGE
Preamble iit
I Purpose I
II Recognition 2
III Employer Rights 3
IV Union Rights 4
V Scope of the Agreement 5
VI Probationary Periods 6
VII Philosophy of Employment and Compensation 7
VIII Hours of Work 8
IX Overtime 9
X Call Back 10
XI Work Location, Residency I1
XII Wages 12
XIII Fringe Benefits 14
XIV Selection of Foreman and General Foreman 15
XV Retirement 16
XVI Holidays 17
XVII Disciplinary Procedures 18
XVIII Absences From Work 19
XIX Seniority 20
XX Jurisdiction 21
�I Separation 22
XXII Tools 23
XXIII Grievance Procedure 24
XXIV Right of Subcontract 29
XXV Non-discriminatiom 30
XXVI SeverabiZity 31
XXVII Waiver 32
XXVIII City Mileage Plan 33
XXIX Safety 34
XXX Legal Services 35
XXXI Duration and Pledge 36
Appendix A A1
Appendix B Bi
Appendix C CI.
Appendix D Dl
Appendix E E1
- ii -
, . � ,, �, �, �
P R E A M B L E
This AGREEMENT is entered into between the City of Saint Paul, herein-
af ter referred to as the IIKPLOYER and the United Association Plumbers Local 34
hereinaf ter referred to as the UNION.
The F�IPLOYER and the UNION concur tha.t this AGREEMENT has as its
ob�ective the pramotion of the responsibilities of the City of Saint Paul
for the benef it of the general public through effective labor�anagement
cooperation.
The EMPLOYER and the UNION both realize that this goal depends not
only on the words in the AGREEMENT but rather primarily on attitudes between
people at all levels of responsibility. Constructive attitudes of the EMPLOYER,
the UNION, and the individual employees will best serve the needs of the
general public.
- _ _ - iii -
' ARTICLE I - PURPOSE
1.1 The EMPLOYER and the UNION agree that the purpose for entering into
�his AGREEMENT is to:
1.11 Achieve orderly and peaceful reZations, thereby
establishing a system of uninterrupted operations
and the highest level of employee performance that
is consistent with the saf ety and well being of
all concerned;
1.12 Set forth rates of pay, hours of work, and other
conditions of employment as have been agreed upon
by the IIKPLOYER and the UNION;
1.13 Establish procedures to orderly and peaceful.].y
resolve 3isputes as to the application or inter-
pretation of this AGREEMENT without loss of
manpower productivity.
1.2 The F.MPLOYER and the UNION agree that this AGREEMENT serves as a
supplement to legisla.tion that creates and directs the IIKPLOYER. If
any part of this AGREEMENT is in conflict with such legislation, the
latter shall prevail. The parties, on written notice, agree to
negotiate that part in conflict so that it conforms to the statute
; as provided by Article 26 (SEVERABILITY) .
�
t
- 1 -
' ARTICLE II - RECOGNITION
2.1 The II�'LOYER recognizes the UNION as the exclusive rep�esentative
for collective bargaining purposes for all personnel having an
employment status of regular, probationary, pravisional, temporary,
and emergency employed in the classes of positions defined tn 2.2
as certif ied by the Bureau of Mediation Services in accorc�ance with
Case No. 73-PR-527-A dated May 11, 1973.
2.2 The classes of positions recognized as being exclusively represented
by the UNION are as listed in Appendix A.
- 2 -
. . ARTICLE III - EMPLOY � 0 411
ER RIGHTS
3.1 The EMPLOYER retains the right to operate and manage all manpower,
facilities, and equipment; to establish functions and programs;
to set and amend budgets; to determine the utilization of
technology; to establish and modify the arganizationa.l structure;
to select, direct, and determine the number of personnel; and to
perform any inherent manageriaZ function not specif ically limited
by this AGREEMENT.
3.2 Any "term or condition of employment" not established by this
AGREEMENT shall remain with the EMPLOYER to eliminate, modify, or
establish following written notification to the UNION.
�
- 3 -
. ARTICLE IV - UNION RIGHTS _
4.1 The EMPLOYER shall deduct from the wages of employees who authorize
such a deduction in writing an amount necessary to cover monthly
UNION dues. Such monies deducted shall be remitted as directed by
the UNION.
4.11 The EMPLOYER shall not deduct dues from the wages
of employees covered by this AGREEMENT for any other
labor organization.
4.12 The UNION shall indemnify and save harmless the
EMPLOYER from any and all claims or charges made
against the IIKPLOYER as a result of the implementation
of this ARTICLE.
4.2 The UNION may designa.te one (1) employee from the bargaining unit to
act as a Steward and shall inform the F�IPLOYER in writing of such
designation. Such e�mployee shall have the rights and responsibilities
as designated in Article 23 (GRIEVANCE PROCEDURE) .
4.3 Upon notification to a designated EMPLOYER supervisor, the Business
Manager of the U1vI0N, or his designated representative shall be
permitted to enter the facilities of the II�IPLOYER where employees
covered by this AGRE�NIENT are working.
_ 4 _
ARTICLE V - SCOPE QF THE AGREEMENT
5.1 This AGREEMENT establishes the "terms and conditions of employmeut"
def ined by M.S. 179.63, Subd. 18 for all employees exclusively
represented by the UNION. This AGREEMENT shall supersede such
"terms and conditions of employment" established by Civil Service
Rule, Council Ordinance, and Council Resolution.
� ,. , ... .-�.
. . ,:; �:
�. .,. .._> ,F ._� ...� ,..._,.,,. _ _ -
- 5 -
ARTICLE VI - PROBATIONARY PERIODS
6.1 All personnel, originally hired or rehired following separation, in
a regular employment status shall serve a six (6) months' probationary
period during which time the employee's f itness and ability to perform
the class of positions' duties and responsibilities shall be evaluated.
6.11 At any time during the probationary period an employee
may be terminated at the discretion of the IIKPLOYER
without appeal to the provisions of Article 23
(GRIEVANCE PROCEDURE) .
6.12 An employee terminated during the probationary period
shall receive a written notice of the reason(s) for
such termina.tion, a copy of which shall be sent to
the UNION.
6.2 All personnel promoted to a higher class o£ positions shall serve a six
(6} months' promotional probationary period during which time the emp3,oyee's
f itness and ability to perform the class of positions' duties and responsi-
bilities shall be evaluated.
6.21 At any time during the promotional probationary period
an employee may be demoted to the employee�s previously
held class of positions at the discretion of the
F.[�LOYER without appeal to the provisions of Article 23
(GRIEVANCE PROCEDURE) .
6.22 An employee demoted during the promotional probationary
period shall be returned to the �ployee•s previously
- held c3.ass of positions and shal.l receive a written - -
- notice of the reasons for demotion, a copy of which - ,
' � � shall be sent to -the UNION. .
,�F : ".: s: ,k.-_ ,. .��:.z.., ,:, ,, .,_. . ... f� .. . . ..,. ;�i
� . r.,., , � ,
- 6 -
� ARTICLE VII - PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The EMPLOYER and the UNION are in fu11 agreement that the philosophy
of employment and compensation shall be a "cash" hourly wage and
"industry" fringe benef it system.
7.2 The E�R'LOYER shall compensate employees for all hours worked at the
basic hourly wage rate and hourly fringe benefit rate as found in
Axticles 12 (WAGES) and 13 (FRINGE BENEFITS} .
7.3 No other compensation or fringe benefit shall be accumulated or
�i earned by an employee except as specifically provided for in this
AGREEMENT; except those employees who have individually optioned
to be "grandfathered" as provided by 12.2.
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ARTICLE VIII - HOURS OF WORK
8.1 The normal work day shall be eight (8� consecutive hours per day,
excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m.
and 5:30 p.m.
8.2 The normal work week shall be f ive (5) consecutive normal work days
Monday through Friday.
8.3 If, during the term of this AGREEMENT, it is necessary in the II�PLOYER'S
judgment to establish second and thir� shifts ar a work week of other
tha.n Monday through Friday, the UNION agrees to enter into negotiations
immediately to establish the conditions of such shifts and/or work weeks.
8.4 This section shall not be construed as, and is not a guarantee af, any
hours of work per normal work day or per normal work week.
8.5 All employees shall be at the location designated by their supervisox,
ready for work, at the established starting time and shaZ1 remain at an
assigned work Iocation until the end of the established work day unless
otherwise directed hy their supervisor.
8.6 All employees are subject to call-back by the II�PLOYER as provided bp
Article 10 (CALL BACK) .
8.7 Employees reporting for work at the established starting time and for
whom no work is available shall receive pay for twa (2} hours, at the
basic hourly rate, unless notification has been given not to report for
- work prior to leaving home, or during the previous work day. �
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' ARTICLE IX - OVERTIME
9.1 Time on the payroll in excess of the normal haurs set forth above
shall be 'bvertime work" and sha11 be done only by order of the
head of the depar�►ent. An employee sha11 be recompensed for work
done in excess of the norma.l hours by being granted compensatory
time on a time-and-one-ha.lf basis or by being paid on a time-and-
one-half basis for such overtime work. The basis on which such
overtime shall be paid shall be determined solely by the II�LOYER.
9.2 The rate of one and one-half (1 1/2) the hasic hourly rate shall be the
overtime rate for work performed under the following circumstances:
9.21 Time worked in excess of eight (8) hours in
any one normal work day and;
9.22 Time worked on a sixth (6th) day following a
normal work week.
9.3 The rate of two (2) times the basic hourly rate shall be the overtime
rate for work performed under the following circumstances:
9.31 Time worked on a holiday as defined in
Article 16 - (HOLIDAYS�;
9.32 Time worked on a seventh (7th) day following
a normal work week; and
9.33 Time worked in excess of twelve (12) consecutive
hours in a twenty-four (24) hour period, provided,
that all "emergency" work required by "Acts of God"
shall be compensated at the rate of one and one half (1 1/2) .
9.4 For the purpose of calculating overtime compensation overtime hours
worked shall not be "pyramided", compounded, or paid twice for the .
. , : . _ same hours worked. - 4Y , ;., . . � �,
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' ' ARTICLE X - CALL BACK
10.1 The El�LOYER retains the right to caI.l back employees before an
employee ha.s started a normal work day or normal work week and
after an employee ha.s completed a normal work day or normal work
week.
10.2 Employees called back shall receive a minimum of four (4) hours
pay at the basic hourly rate.
10.3 The hours worked based on a call-back shall be compensated in
accordance with Article 9 (OVERTIME), when applicable, and subject
to the minimum established by 10.2 above.
10.4 Employees called back four (4) hours or less prior to their normal
work day shall complete the normal work day and be compensated anly
for the overtime hours worked in accordance with Article 9 (OVERTIME� .
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• ARTICLE XI - WORK LOCATION, RESIDENCY
11.1 Employees shall report to work location as assigned by a designated
II�LOYER supervisor. During the normal work day employees may be
, assigned to other work locations at the discretion of the F1�iPL0YER.
11.2 Employees assigned to work locations during the normal work day,
other than their original assigrnnent, and who are required to furnish
their own transportation shall be compensated for mileage.
` 11.3 The resolution pertaining to residency approved July 26, 1979, under
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AGREEMENT.
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. , ARTICLE XII - WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be
paid for all hours worked by an employee.
12.2 Employees who are covered by the fringe benef its listed below shall
continue to be covered by such benef its. They shall be subject to
all other provisions of the AGREEMENT, but sha.11 not have hourly
� frfnge benef it contributions and/or deductions made on their bet�al.f
� as provided for by Article 13 (FRINGE BENEFITS) .
12.21 Insurance benef its as established by City of Saint Pau3
Resolutions.
. 12.22 Sick Leave as established by Resolution No. 3250, Sect#.an 20.
12.23 Vacation as established in Section 1 H of the Salary Plan and
Rates of Compensation Resolution (6446) , however, empioyees
� in this bargaining unit, except Water Meter Serviceman,
covered by this vacation provision, shall be granted v�cation
at the rate of 160 hours in each calendar year. Employees
working in the class of Water Meter Serviceman shall be
covered by the vacation scheduled as stated in Section 1 H
of the S�.lary Plan and Rates of Compensation (6446) .
12.24 Nine (9) legal holidays as established by Resolution l�to.
6446, Ssctia�n 1, Subdividion I.
12.25 Severence benefits as established by Ordinance No. 11490
with a maximum payment of $4,000.
12.26 The EMPLOYER will for the period of this AGREEMENT provide
for employees who are eligible for City's Hea.lth and Welfare
benefits and who have retired since September 1, 1974 and
until such employees reach sixty-five (65) years of age such
health and life insurance benef its ar were provided by the
EN�LOYER at the time such employees retired. The provisions
of this article shall not apply to Water Meter Servicemen who
retire af ter the date of signing of this Agreement.
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� � ARTICLE XII - WAGES (continued)
12.27 In order to be eligible for the benef its under the provision
of 12.26 the employee must:
12.27.1 Be receiving benef its from a public ecnployee
retiree act at the time of retirement.
12.27.2 Have severed his relationship with the City
of Saint Paul under one of the early retiree
plans.
I2.27.3 Inform the Personnel Off ice of the CitX of
Saint Paul in writing within 6Q days of
employee's early retirement date that he or
she wishes to be eligible for early retiree
insurance benef its.
12.3 Regular employees not covered by the fringe benefits listed in Article 12.2
shall be considered, for the purposes of this AGREEMENT, participating
employees and shall be compensated in accordance with Article 12.1 (WAGES)
aud have fringe benef it contributions and/or deductions made on their behalf
as provided for by Article 13 (FRINGE BENEFITS) .
12.4 Provisional, temporary, and emergency employeea shall be considered, for the
purposes of this AGRE�IENT, participating employees and shall be compensated
in accordance with Article 12.1 (WAGES) and have fringe benefit contributions
and/or deductions made in their beha.lf as provided for by Article 13 (FRINGE
BENEFITS) .
12.5 All regular employees employed af ter February 2.5, 1974, shall be considered,
for the purpose of this AGREEMENT, participating employees and shall be
compensated in accordance with Article 12.1 (WAGES) and have fringe benefit
contributions and/or deductions made on their behalf as provided for by
Article 13 (FRINGE BENEFITS) .
12.6 The provision of Article 12.5 sha11 not apply ta employees working under --
- the title of Water Meter Serviceman.
_ - 13 - -
� � ARTICLE XIII - FRINGE BENEFITS
13.1 The F.MPLOYER ahall ma.ke contributions on behalf of and/or make
deductions from the wages of employees covered by thfs AGREII�iENT
in accordance with Appendix D for alI hours worked.
- 14 -
` ARTIGLE XIV - 6ELECTION OF FOREMAN AND GENERAL FOREMAN
14.1 The selection of personnel for the class of position Plumber
Foreman shall remain solely with the EMPLOYER.
14.2 The class of position Plumber Foreman shall be f illed by employees
of the bargaining unit on a "temporary assigument".
14.3 All "temporary assignments" sha�l be made only at the direction of a
. designa.ted EMPLOYER supervisor.
14.4 Such "temporary assignments"� shall be made only in cases where the
class of positions is vacant for more tha.n one (1) normal work day.
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ARTICLE XV - RETIREMENT
15.1 All employees shall retire from employment with the EMPLOYER no
later than the last calendar day of the month i.n which an e�mployee
becomes sixty-five (65) years old.
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' ARTICLE XVI - HOLIDA'YS
16.1 The following nine (9) days shall be designated as holidays:
New Year's Day, January 1
Presidents' Day, Third Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, f irst Monday in September
Columbus Day, second Monday in October
Veteran's Day, November 11
Thanksgiving Day, fourth Thursday in November
Christmas Day, December 25 •
16.2 When New Year's Day, Independence Day or Christmas Day falls on a
Sunday, the following Monday shall be considered the designated holiday.
When any of these three (3) holidays falls on a Saturday, the preceding
Friday shall be considered the designated holiday.
16.3 The nine (9) holidays shall be considered non work days.
16.4 If, in the 3udgment of the II�LOYER, personnel are necessary for
operating or emergency reasons, employees may be scheduled or
"called back" in accordance with Article 10 (CALL BACR) .
16.5 Employees working on a designated holiday shall be compensated at the
rate of two (2� t3mes the basic hourly rate for all hours warked.
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, � , �
ARTICLE XVII - DISCIPLINARY PROCEDURES
17.1 The EMPT�OYER shall ha.ve the right to impose disciplinary actions on
employees for just cause.
17.2 Disciplinary actions by the EMPLOYER shall include only the following
actions:
17.21 Oral reprimand.
17.22 Written reprimand.
17.23 Suspension.
17.24 Demotion.
17.25 Discharge.
17.3 Employees who are suspended, demoted, ar discharged shall have the
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right to request that such actions be reviewed by the Civil Service
Commission or a designa.ted Boazd of Review. The Civil Service Commission,
� or a designa.ted Board of Review, shall be the sole and exclusive means
of reviewing a suspension, demotion, or dischaxge. No appeal af a
, suspension, demotion, or discha.rge sha.11 be considered a "grievance"
for the purpose of processing through the provisions of Article 23
(GRIEVANCE PROCIDURE) .
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ARTICLE XVIII - ABSENCES FROM WORK ��41�
18.1 Employees who are unable to report for their normal work day have
the responsibility to notify their supervisor of such absence as
soon as possible, but in no event later than the beginning of such
work day.
18.2 Failure to make such notification may be grounds for discipline as
provided in Article 17 (DISCIPLINARY PROCEDURES) .
18.3 Failure to report for work without notification for three (3)
consecutive normal work days may be considered a "quit" by the
El�LOYER on the part of the employee.
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, , ARTICLE XIX - SENIORITY
19.1 Seniority, for the purposes of this AGREII�IENT, shall be defined as
follows:
19.11 "Master Seniority" - The length of continuous regular
aad probationary service with the F.MPLOYER from the
last date of employment in any aad aIl class titles
covered by this AGREEMENT.
19.12 "Class Seniority" - The length of continuous regular
and probationary service with the EMPLOYER from the
date an employee was first appointed to a class title
covered by this AGREEMENT.
19.2 Seniority sha11 not accumulate during an unpaid leave of absence,
except when such a leave is granted for a peri.ad of less than thirty
(30) calendar days; is granted because of illness or in3ury; is
granted to allow an employee to accept an appointment to the
unclassif ied service of the EMPLOYER or to an elected or appointed
full-time position witb the UNION,
19.3 Seniority shall termina.te when an employee retires, resigns, or is
discharged.
19.4 In the event it is determined by the EMPLOYER that it is necessary to
reduce the work force employees will be laid off by class title within
each Department based on inverse length of "Class Seniority". Employees
laid off shall have the right to reinstatement in any lower-paid class
title, provided, employee has grea.ter "Master Seniority" than the
- � employee being replaced.
�>�- .-. -.�. -.= -r�1�.5:=.�he-se.�.ection-:o�:-;:va�at3on=.periods;.shall-.be made..by_ cla$��tit�e based on ..:.��, .:,.�.
,..r :� �'; ,,,-#;`- �. ,� r�e�gth of "Class;°3eniority`�, .si�liject� to the agPxoval-�of the II�LP�.U3�ER: - .:�= �.-J.
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. . ARTICLE XR - JURISDICTION
20.1 Disputes concerning work jurisdiction between and among unions is
recognized as an appropriate sub�ect to determination by the various
unions representing employees of the IIKPLOYER.
20.2 The F1�iPL0YER agrees to be guided in the assignment of work jurisdiction
by any mutual agreements between the unions involved.
20.3 In the event of a disgute concerning the performance or assigument of
work, the unions involved and the EMPLOYER sha.11 meet as soon as mutually
possible to resolve the dispute. Nothing in the foregoing shall restrict
the right of the EMPLOYER to accomplish the work as originally assigned
pending resolution of the dispute or to restrict the F1�Il'LOYER'S basic
right to assign work,
20.4 Any employee refusing to perform work assigned bq the II�f'LOYER and as
clarif ied by Sections 20.2 and 20.3 above sha11 be sub3ect to disciplinary
action as provided in Article 17 (DISCIPLINARY PROCEDURES) .
20.5 There shall be no work stoppage, slow down, or any disruption of work
resulting from a work assigrnnent.
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, ARTICLE XXI - SEPARATION
21.1 Employees having a probationary or regular employment status. shall
be considered separated £rom employment based on the followi.ng
actions:
21.11 Resignation. Employees resigning from employment
sha.11 give written notice fourteen (14) calendar
days prior to the eff ective date of the resignation.
2I.12 Retirement. As provided in ArticZe 15.
21.13 Discharge. As provided in Article 17.
21.14 Failure to Report for Duty. As provided in Article 18.
21.2 Employees having an emergency, temporary, or provisional e�ployment
status ma.y be tarminated at the discretion of the F.MPLOYER before the
completion of a normal work day.
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' � ARTICLE XXII - TOOLS
22.1 All employees shall personally provide themselves with the tools
of the trade as listed in Appendix B.
- 23 -
ARTICLE XXIII - GRIEVANCE PROCEDURE
23.1 The II�LOYER shall recognize Stewards selected in accordance with UNION
rules and regulations as the grievance representative of the bargaining
unit. The UNION shall notify the EMPLOYER in writing of the names of
the Stewards and of their successors when so named.
23.2 It is recognized and accepted by the FMPLOYER and the UNION that the
pxocessing of grievances as hereinafter provided is limited by the �ob
duties and responsibiliCies of the employees and shall therefore be
accomplished during working hours only when consistent with such etaployee
duties and responsibilities. The Steward involved and a grieving employee
shall suffer no loss in pay when a grievance is processed during working
hours, provided, the Steward and the employee have nottf ied and received
the approval of their supervisor to be absent to process a grievance and
that such absence would not be detrimental to the work programs of the
' E1�iPL0YER.
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23.3 The procedure established by this ARTICLE shall be the sole and exclusive
procedure, except for the appeal of disciplinary action as provided by
17.3, for the processing of grievances, which are def ined as an alleged
violation of the terms and conditions of this AGREEMENT.
23.4 Grievances shall be resolved in conforma.nce with the following groeedure.
Step 1. Upon the occurrence of an alleged violation of this
AGREEMENT, the employee involved. shall at�empt to
resolve the matter on an informal basis with the
employee's supervisor. If the matter is not resolved
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APPENDIX A
The classes of positions recognized by the IIKPLOYER as being
exclusively represented by the UNION are as follows:
Plumber-Foreman
Apprentice
Plumber
Senior Plumbing Inspector
Plumbing Inspector
Plumbing Inspector--Water Department
Water Meter Serviceman
and other classes of positions tha.t may be established by the II�LOYER
where the duties and responsibilities assigned cones within the
�urisdiction of the UNION.
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APPENDIX B
6' Folding rule
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APPENDIX C
The basic hourly wage rate for provisional, regular and probationary
employees appointed to the following classes of positions and not receiving
the fringe benefits listed in Article 12.2 shall be:
Effective Effective Effective Effective Effective
May 1, 1981 June 15,1981 July 1,1981 May 1, 1982 May 1,1983
Plumber . . . . . . . $14.11 $14.1I $13.96 $15.88 ***
Plumber-Foreman . . . $15.26 $15.55 $15.40 $17.33 ***
Plumbing Inspector. , $15.26 $15.55 $15.40 $17.33 ***
Plumbing Inspector-
Water Department . . $15.26 $15.55 $15.40 $17.33 ***
Senior Plumbing Insp. $16.03 $16.51 $16.37 $18.29 ***
The basic houxly wage rate for temporary and emergency employees
appointed to the following classes of pasitions shall be:
Eff ective Effective Effective Effective Effective
May 1, 1981 June 15,198I July 1,1981 Ma.y 1, 1982 May 1,1983
Plumber . . . . . . . $14.67 $14.67 $14.52 $16.52 ***
Plumber-Foreman . . . $15.87 $16.17 $16.02 $18.02 ***
Pluanbing Inspector. . $15.87 $16.17 $16.02 $I8.02 ***
Plumbing Inspector-
Water Department . . $15.87 $16e17 $16.02 $18.02 ***
� Senior Plumbing Insp. $16.67 $17.17 $17.02 $19.02 ***
Apprentice
0 - 6 months . . . . . . . . 50� of Plumber rate
7 - 12 months. . . . . . . . SSx of Plumber rate
13 - 18 months. . . . . . . . 60°6 of Plumber rate
19 - 24 months. . . . . . e . 65% of Plumber rate
25 - 30 months. . . e e . . . 70% of Plumber rate
31 - 36 months. . . . . , . . 75y of Plumber rate
37 - 42 months. . . . . . . . 80% of Plumber rate
� 43 - 48 months. . . . . . . . 85y of Plumber rate
49 - 54 months. . . . . . . . 90% of Plumber rate `"' ` '
55 - 60 months. . . , . . . . 95% of Plumber rate � 1 "`.
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APPENDIX C �continued)
The basic hourly wage rate for regular employees appoiated to the
following classes of positions who are receiving the fringe benef its listed
in Article 12.2 shall be:
Effective Effective Effective Effective
May 1, 1981 June 15,1981 May 1, 1982 May 1, 1983
Plumber . . . . . . $14.51 $14.51 * **�
Plumber-Foreman . . $15e50 $15.75 * ***
Plumbing Inspector. $15.50 $15.75 * **'�
Plumbing Inspector-
Water Department . $15.50 $15.75 * ***
Senior Plumbing Insp. $16.16 $16.58 * ***
The basic hourly wage rate for the cl.ass of Water Meter Serviceman
shall be:
Effective Effective Effective
May i, 1981 May i, 1982 May i, i983
0 - 6 months of continuous
service $10.50 ** *�*
After completion of 6 months
of continuous service $10.88 ** ***
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. 2`7�7411
APPENDIX C (continued)
*The May 1, 1982, hourly wage rates in this contract will be the rates
as shown below less the cost of sick leave usage for 1981 and less the cost
of pensions and vacation for 1982 and less tha cost of health and life
insurance for the period May 1, 1981, thru April, 1982, incurred by the
employer for employees in this bargaining unit.
Plumber . . . . . . . . . . . . . . . . . . $19.98
Flumber Foreman . . . . . . . . . . . . . . $21.48
Plumbing Inspector. . . . . . . . . . . . . $21.48
Plumbing Inspector-Water Department . . . . $21 .48
Senior Plumbing Inspector . . . . . . . . . $22.48
**The May 1, 1982, hourly wage rate for Water Meter Serviceman wiZl be
as shown below.
0 - 6 months of continuous service . . . $ .38 per hour less than
the after 6 months rate
shown below.
After completion of 6 months of
continuous service. . . . . . . . . . . 75% of the May 1,1982 rate
for the title of Plumber
applicable to emgloyees who
are receiving fringe benefits
listed in Article 12.2 less
the cost of Early Retirement
Insurance for this title.
***The May 1, 1983, hourly wage rates in this contract will be negotiated
at a later date.
If the Union elects to have the contributions listed in Appendix D
iacreased or decraased, the Employer may adjust the above applicable rates
for participating employees in such a way that the total cost �f the package
(wsge rate plus contributio�s� remains constant.
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APPENDIX D
Effective May 1, 1981, the II�IPLOYER shall:
(1) contribute $1.52 per hour from which payroll deductions have
been made for all hours worked by participating employees as
defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT,
to a UNION designated Credit Union.
(2) contribute $ .71 per hour for all hours worked by participating
employees as def ined in Articles 12.3, 12.4 and 12.5 of this
� AGREEMENT, to the Health and Welfare Fund. Eff ective July 1,
1981, this contribution shall become $ .86 per hour.
; (3) contribute $1.13 per hour for all hours worked by partici-
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pating employees as def ined in Articles 12.3, 12.4 and 12.5
, of this AGREEME�TT, to the Pension Fund.
(4) contribute $ .08 per hour for all hours worked by participating
, employees as defined in Articles 12.3, 12.4 and 12.5 of this
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� Ali contributions made in accordance with this Appendix shall be forwarded to
the ltain City Pipe Traders Service Assaciation.
The Employer shall establish Worl�an's Compensation and Unemployment Comgensation
programs as required by Minnesota Statutes.
The EMPLOYER'S fringe benef it obligation to participating employees as defined
in Arti�les 12.3, 12.4 and 12.5 is limited to the contributions and/or deductions
�stablished by this AGREEMF.NT. The actual Ievel of benef its` provided to employee's
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shall be the responsibility of the Trustees of the various funds to which the
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. �'7'7411
APPENDIX E
WORKING CONDITIONS FOR SENIOR PLUMBING INSPECTORS
AND PLUMBING INSPECTORS
As a result of the 1974 settlement, the Parties have established craft-detersntned
rates for Senior Plumbing Inspectors and for Plvunbing Inspectors, with the specific
understanding that such agreement is restricted to established rates of pay for
such classif ications.
It is, consequently, agreed that the Emgloyer in applying Article 3. II�IPLOYER RIGHTS -
of the MAINTENANCE LABOR AGREEMENT, shall have the right to operate the Departmeat
in the same manner as heretofore, with managezaent rights unaffected, and that the
_ establistunent of separate rates for these classif ications as well as for Inspector
classifications in other Bargaining Units, aiay not result in disputes aver assign-
ments or over rates of pay for work performed, nor will any 3urisdictional c3.aims
or restrictions be asserted by the Union because members of various Inspector classi-
fications are assigned to work which is also performed. by other Iaspector classi-
fications.
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, ARTICLE XXIII — GRIEVANCE PROCEDURE (continued)
to the employee°s satisfaction by the informal discussion
it may be reduced to writing and referred to Step 2 by
the UNION. The written grievance shall set forth the
nature of the grievance, the facts on which it is based,
the alleged section(s) of the AGREEMENT violated, and
the relief requested. Any alleged violation of the
AGREEMENT not reduced to writing by the UNION within
seven (7) calendar days of the first occurrence of the
event giving rise to the grievance or within the use of
reasonable diligence should ha.ve had knowledge of the
f irst occurrence of the event giving rise to the grievance,
shall be considered waived.
Step 2. Within seven (7) calendar days after receiving the written
grievance a designated F,MPLOYER supervatsor shall meet with
the UNION Steward and attempt to resolve the grievance. If,
as a result of this meeting, the grievance remains unresolved,
the EhIPLOYER shall reply in writing to the UNION within three
(3) calendar days following this meeting. The UNION may ref er
the grievance 3n wrriting to Step 3 within seven (7) calendar
days following receipt of the IIKPLOYER'S written answer. Any
grievance not xeferred in writing by the UNION within seven (7)
calendar days following receipt of the EMPLOYER'S answer ahall
be considered waived.
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Step 3. Within seven (7) calendar days following receipt of a
grievance referred from Step 2 a designated EMPLOYER
supervisor shall meet w3th the UNION Business Manager
or his designated representative and attempt to resolve
the grievance. Within seven (7) calendar days following
this meeting the II�LOYER sha11 reply in writing to the
UNION stating the II�LOYER'S ans�aer .concerning the
grievance. If, as a result of the written response
the grievance remains unresolved, the UNION may refer
the grievance to Step 4. Any grie�ance not referred
in writing by the UNION to Step 4 within seven (7)
calendar days following receip� of the E�iPLOYER�S '
answer sha.11 be considered waived.
Step 4. If the grievance remains unresolved, the UNION may
within seven (7) calendar days after the response of
the EMPLOYER in Step 3, by written notice to the
IIKPLOYER, request arbitration of the grievance. The
arbitration proceedings shall be conducted �by an
arbitrator to be selected by mutual agreement of the
EMPLOYER and the UNION within seven (7) calendar days
after notice has been given. If the parties fail to
mutually agree upon an arbitrator within the said
seven (7� day period, either party maq request the
Public Employment Relations Board to submit a panel
of f ive (5) arbitrators. Both the IIKPLOYER and the
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. ARTICLE XXIII - GRIEVANCE PROCIDURE (continued) _
UNION shall have the right ta strike two (2)
names from the panel. The UNION shall strike
the first (lst) name; the EMPLOYER shall then
strike one (1) name. The process will be
tepeated and the remaining person shall be the
arbitrator.
23.5 The arbitrator shall ha.ve no right to amend, modify, nullify, ignore,
add to, or subtract from the provisions of this AGREEMENT. The
arbitrator shall consider aud decide only the specific issue submitted
in writing by the F.NIl'IAYER and the UNION and sllall have no authority
I'
to make a decision on any other issue not so submitted. The arbitrator
.
shaZl be without power to make decisions contrary to or inconsistent with
; or modifying or varying in any way the application of laws, rules or
I
�� regulations having the force and effect of law. The arbitratorts
'� decision shall be submitted in writing within thirty (30) daps fallowing
,
close of the hearing or the submiasion of briefs by the parties, whichever
be later, unless the parties agree to an extension. The decisian shall
be based solely on the arbitrator's interpretation or application af the
�
express terms of this AGREEMENT and to the facts of the grievance
resented. The decision of the arbitrator shall be final and biadin
I �
P
I on the II�TPLOYER, the UNION and the employees.
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� � ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
23.6 The fees and expenses for the arbitrator's services and proceedings
shall be borne equally by the EMPLOYER and the UNION, provided that
each party shall be responsible for compensating its own representative
and witnesses. If either party desires a verbatim record of the
proceedings, it may cause such a record to be made providing it
pays for the record.
� 23.7 The time limits in each step of this procedure may be extended by
mutual agreement of the EMPLOYER and the UNION.
w
_ 28 _
. ARTICLE XXIV - RIGHT OF SUBCONTRACT
24.1 The EMPLOYER may, at any time during the duration of this AGREEMENT,
contract out work done by the employees covered by this AGREEMENT.
In the event that such contracting would result in a reduction of
the work force covered by this AGREII�IENT, Che EMPLOYER shall give
�he UNION a ninety (90) calendar day notice of the intention to
sub-contract.
� 24.2 The sub-contracting of work done by the employees covered by this
AGREEMENT shall in all cases be made only to employers who qualify
ia accordance with Ordinance No. 14013.
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� ARTICLE XXV - NON-DISCRIMINATION
25.1 The terms and conditions of this AGREEMENT will be applied to
employees equally without regard to, or discrimination for or
against, any individual because of race, color, creed, sex,
age, or because of inembership or non-�membership in the UNION.
25.2 Employees will perform their duties and responsibilities in a
non-discrimina.tory manner as such duties and responsibilities
involve other employees and the general public.
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. � 77 � //
ARTICLE XXVI - SEVERABILITY
26.1 In the event that any provision(s) of this AGREEMENT is declared
to be contrary to law by proper legislative, administrative, or
�udicial authority from whose f inding, determination, or decree
no appeal is taken, such provision(s) shall be voided. A1T other
provisions shall continue in full force and effect.
26.2 The parties agree to, upon written notice, enter into negotiations
to place the voided provisions of the AGREEMENT in compliance
with the legislative, administrative, or �udicial determination.
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ARTICLE XXVII - WAIVER
27.1 The El�LOYER and the UNION acknowledge that during the meeting
and negotiating which resulted in this AGREEMENT, each had the
right and opportunity to make proposals with respect to any
sub�ect concerning the terms and conditions of employment. The
agreements and understandings reached by the parties af ter the
exercise of this right are fully and completely set forth i.n
this AGREE�IENT.
27.2 Therefore, the F1�IPLOYIIt and the UNION for the duration of this
AGREEMENT agree that the other party shall not be obligated to
meet and negotiate over any term or cAnditions of employment
whether specifically covered or not specif ically covered by this
AGREEMENT. The UNION and II�IPLOYER may, however, mutually agree
to modify any provision of this AGREII�IENT.
27.3 Any and all prior ordinances, agreements, resolutions, practices,
policies, aad rules or regulations regardiug the terms and
conditions of employment, to the extent they are inconsistent
with this AGREEMENT, are hereby superseded.
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. ARTICLE XXVIII - CITY MILEAGE
28.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the
Saint Paul Administrative Code, as amended, pertaining to reimbursement
of City off icers and employees for the use of their own sutomobiles in
the performance of their duties, the following provisions are adopted.
28.2 Method of Computation: To be eligible for such reimbursement, aIl
officers and employees must receive written authorization from the
Department Head.
Type 1. If an employee is required to use hisfher own automobile
OCCASIONALLY during employment, the employee shall be reimbursed at
the rate of $3.00 per day for each day the e�mployee's vehicle is
• actually used in performing the duties of the emploqee's position.
In addition, the employee shall be reimbursed 15� per mile for each
mile actually driven.
If such employee is required to drive an automobile during employment and
the department head or designa.ted representative determines that an
employer vehicle is available for the employee�s use but the e�ployee
desires to use his/fler own automobile, then the employee shall be reim-
bursed at the rate of 15C per mile driven and shall not be eligible
� � for any per diem.
1�pe 2. If an employee is required to use his/her own sutomobile
REGULARLY during employment, the employee shall be reimbursed at the
rate of $3.00 per day for each day of work. In addition, the employee
shall be reimbursed 15� per mile for each mile actually driven.
If such employee is required to drive an automobile during employment
and tfie department head or designated representative determines that
an employer vehicle is ava3.lable for the employee's use but the employee
desires to use his/her own automobile, then the employee shall be reim-
bursed at the rate of 15� per mile driven and shall, not be eligible for
any per diem.
28.3 The City will provide parking at the Civic Center Parking Ramp for City
employees on either of the above mentioned types of reimbursement plans
who are required to have their personal car available for City business.
Such parking will be provided only for the days the empZoyee is required
to have his or her own personal car availabZe.
28.4 Rules and Regulations: The Mayor shall adopt rules and regulatians
governing the procedures for automobile reimbursement, which regulations
� and rules shall contain the requirement that recipients sha11 file daily
reports indicating miles driven and shall f ile monthly aff idavits stating
the number of days worked and the number of miles driven, and further
require that they maintain automobile liability insurance in amounts of -
nat less than $100,000/$300,000 for personal injury, and $25,000 for . °
property damage, or liability insurance in amounts not Iess than $300,000 ; _
single limit coverage, with the City of Saint Paul named as an additional ;;�s��=.�;.
- - � . .�:.;.iu�,�rr.ed. These rules and regulations, together with the amendment there�o.;�:� ;�;.;
shall be maintained on f ile with the city clerk. , �' ..;:_
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� ARTICLE XXIX - SAFETY
29.1 Accident and injury £ree operations shall be the goal of the F,MPLOYER
and II�LOYEES. To this end the F,MPLOYER and II�IPLOYEE will, to the
best of their ability abide by, and live up to the requirements of
the several State and Federal Construction Safety Codes and Regulations.
29.2 To this end the II�LOYER shall from time to t3me issue rules or
notices to his EhIPLOYEES regarding on the job safety requirement�.
Any IIKPLOYEE violating such rules or notices shall be subj ect to
disciplinary action. No EMPLOYEE may be dischar.ged for refusing to
work under unsafe conditions.
29.3 Such safety equipment as required by gover�ental regulations, shall
be provided without cost to the EMPLOYEE. At the &"I'PLOYER'S option,
the II�LOYEES may be required to sign for safety equipment and shall
be obligated to return same upon discharge, layc>ff� quit or other
termination in comparable condition as when issued, praviding reason-
able wear and tear. The II�LOYER shall have the right to withhold
the cost of such safety equipment if not returned.
29.4 The F�IPLOYER agrees to pay $10.00 toward the cost of each pair of safety
shoes purchased by an EMPLOYEE tha.t is a member o£ this unit. The EMPLOYER
shall contribute for the cost of two pair of shoes per year and shall not
be responsible for any additional cost for any additional. shoes thereafter.
This reimbursement of $10.00 per pair of shoes shall be made only after
investigation and approval by the immediate supervisor of that emplayee.
This $1Q.00 per pair of shoes contribution ta be made by the IIKPLOYER
shall apply to those employees who must wear protective shoes or boots
.._,._. _e � for their employment. . _:. ..
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� �`I � `�.�'/
ARTICLE XXX - LEGAL SERVICES
30.1 Except in the case of malfeasance in office or willful or wanton negZec�t
of duty, the II�IPLOYIIt shall def end, save harmless and indemnify an employee
and/or his estate against any claim or demand, whether groundless or
otherwise, arising out of an alleged aet or omission in the operation of
a city-owned motor vehicle occurring tn the performance and scope of the
employee's duties.
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ARTICLE XXXI - DURATION AND PLIDGE
31.1 This AGREEMENT shall become effective as of the date of signing,
except as specifically provided otherwise in Articles 12 and 13,
and shall remain in effect through the 30th day of April, 1984,
and continue in effect from year to year thereafter unless notice
to change or to termina.te is given in the manner provided in 31.2.
However, both parties agree to reopen this Agreement solely for the
purpose of negot3ating the wage rates for May I, 1983.
31.2 If either party desires to terminate or modify this AGREEMENT,
effective as of the date of expiration, the party wishing to modify
or terminate the AGREEMENT shall give written notice to the other
party, not more than ninety (90) or less than sixty (60) calendar
days prior to the expiration �ate, provided, that the AGREEMENT
may only be so terminated or modified ef�ective as of the expiration
date.
31.3 In consideration of the terms and conditions of employment established
by this AGREEMENT and the recognition that the GRIEVANCE PROCEDURE
herein established is the means by which $rievances concerning its
application or interpretation may be peacefully resolWed, the parties
i
hereby pledge that during the term of the AGREEMENT:
,
31.31 The UNION and the employees will not engage in,
instigate, or condone any concerted action in
which employees fail to report for dut,y, willfully
absent themselves from work, stop work, slow down
their work, or absent themselves in whole or part
from the full, faithful performance of their duties
_ of employment. ;
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ARTICL� XXXI - DURATION AND PLEDGE (continued�
31.32 The II�iPLOYER will not engage in, instigate, or
condone any lock-out of employees.
31.33 This constitutes a tentative agreement between
the parties which will be recommended by the City r
Negotiator, but is subject to the approval of the
Administration of the City, and is also
subject to ratification by the UNION.
AGREED to this 27th day of July , 1981, and attested to as the full
and complete understanding of the parties for the period of time he�eiu speci-
f ied by the signature of the following representative for the II�lPLOYER and t�e
UNION: _
WITNESSES:
CITY OF SAINT PAUL UNITED ASSOCIATION PLUMBERS LOCAL 34
. �` -:-°O� ��
a or Rela ions ec Business Manager
Civil Service Commission
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