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277561 WHITE - CITY CLERK c y ,���1� � PINK - FINANCE ! {l'w CANARY - DEPARTMENT G I T Y O F S A I N T ��U L COUIICII �ir,� �> BLUE - MAYOR File N . C uncil Resolution Presented By Referred To Committee: Date Out of Committee By Date An administrative Resolution approving the terms and conditions of a 1981 Mainte�.ance Labor Agreement be- tween the City of St. Paul and the Electricians Local 110. 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 Electricians Local 110, as exclusive representative for those classes of positions within the City of St. Paul certified by the Bureau of Mediation Services under Case No. ?3-PR-477-A for the purpose of ineeting and negotiating the terms and conditions of employ- ment 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 exclusive representatives have met in good faith and negotiated the terms and conditions of employment for the period May 1, 1981, through April 30, 1982, for such personnel as are set forth in the Agreement between the City of St. Paul and the exclusive representatives; and WHEREAS, the 1981 Agreement has been reached which includes a wage adjustment retroactive to May 2, 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 Electricians Local 110 on file in the office of the City Clerk, is hereby approved, and the authorized administrative officials of the City are hereby authorized and directed to execute said Agreement on behalf of the City. Approved: r hairman, iv Service ommi sio COUIVC[LMEN Requestgd by Department of: Yeas Hunt Nays � pERSONNEL OFFICE �- [n Favor Maddox s�/ � McMahon ��� snoWaite� __ Against BY �'`" �e�a�ao-- Wiison QCT g 198� Form Approved by City Attorney Adopted by Council: Date — CertifiE:d V�. :e b Counc' Sec ry BY� B�� � \ Appr by ;Nayor. Dat v � � 3.1981 _ App: by Mayoc for u is n t 'tl By • .:;�� OCT 1 � 1981 - __ _ _. WHiTE - CITY CLF_RK � � ������ PINK - FINANCE ry� � � �� � � CANARY - DEPARTMENT (_i I Ty �� ��� j �T ���a Tj T. COURC2i SLUE - MAYOR � � � � 1 File ��. . . CITY CLERK ����C�l ��S��u��On Presented By Referred To Committee: Date Out of Committee By Date An administrative Resolution approving the terms and conditions of a 1981 Maintenance Labor Agreement be- tween the City of St. Paul and the Electricians Local 110. � WHEREAS, the Covncil, pursuant to the provisions of Section 12. 09 of the St, Paul City Charter and the Public Employees Labor Reiations Act of 1971, as amended, recognizes the Electricians Local I�.O, as exclusive representative for those classes of positions within the City of St. Paul certified b�r the Bureau of Mediation Services under Case No. 73-PR-477-A for the purpose of ineeting and riegotiating the terms and conditi.ons of employ- ment for all full-tims personnel in the classes of positions as set forth in the Agreement betweeri the City and the exclusive representatives hereinabove referenced; and WHEREAS, the City, through designated representatives, and tlie exclusive representatives have met in good faith and negotiated the terms and conditions of employm�.nt for the period May 1, 1981, through April 30, 1982, for such personneZ as are set forth in the Agreement between the City of St, Paul and the exclusive representatives; and WHER.EAS, the 1981 Agreement has been reached which includes a wage adjustment retroactive to IVIay 2, 1981; now, therefore, be it RESOLVED, that the Maintenance Labor Agreement, cited above, dated as of the effective date of this Resolution, between the e�ty of St. Paul and the Electricia�5 Local 110 on file in the office of the City Clerk, is hereby approved, . and the a.atharized adxninistrative officials of the City are hereby authorized and directed to execute said Agreement on behalf of the City. Approved: Chairman, Civil Service Commi�sion COUNCILMEN Requested by Department of: Yeas Nays Hunt PERSONNEL OFFIC E �e��Q In Favor Maddox McMahon Showalter _ AgaitlSt BY Tedesco . Wilson Form.Approved by City Attorney • �ao�xea h„ Council: Dafe Certifif>d Y��ssed by Council Secretary BY� � $y ' • _ � Annrnva�'}nr �n_,.,,,�• narP � � . . -� �� � �. Appcoved by Mayo� for Submission to Council . �. � � � r � � rry e.� �—.'�'t" y°" ,�z � tl�t�� August 24, 1981 Civil Service Commission % Personnel Office 265 City Hall St. Pau1,MN 55102 Dear Commission Members: I hereby request that the Second Reading before the Civil Service Commission for the Resolution approving the Maintenance Labor Agreement between the City of Saint Paul and the International Brotherhood of Electrical Workers, Local 110 be waived. Very truly yours, �� ohn Toemke, Business Manager � International Brotherhood of Electrical Workers, Local 110 ����� r 1981 MAINTENANCE LABOR AGREII�iENT - between - TI� CITY OF SAiNT PAUL, - and - INTERNATIONAL BROTI�RHOOD OF ELECTRICAL WORItERS, LOCAL 110 I N D E X ARTIGLE TITLE PAGE Preamble ' iii I Purpose 1 II Recognition 2 III Employer Rights 3 IV Union Rights 4 V Scope of the Agreement 'S VI Probationary Periods 6 VII Philosophy of Employment and Compensation 7 VIII Hours of Work 8 . IX Over time 9 X Call back 10 XI Work Location I1 RII Wages and Fringe Benefits 12 XTII Selection of Foreman and General Foreman 14 XIV Ea.rly Retire�nent Insuranc� Benefits 15 RV flolidays I6 RVI Disciplinary Procedures 17 XVII Absences from Work 18 XVIII Seniority 19 XIX Jurisdiction 20 XX Separation and Retirement 21 � XXI Tools 22 XXII Grievance Procedure 23 XXIII Right of Subcontract 28 XXIV Non-Discrimination 29 XXV Severability 30 XXVI Waiver 31 XXVII City Mileage Plan 32 XXVIII Maternity Leave 33 XXIX Duration and Pledge 34 �PPendix A A1 Appendi.x B Bl Appendix C Cl Appendix D Dl APPeadix E El Appendix F Fl - ii - PREAMBLE This AGREEMENT is entered in.to between the City of Saint Paul, hereinafter referred to as the II�IPLOYER and the International Brotherhood y of Electrical Workers, Local 110 hereinafter referred to as the UNION. The F,MPLOYER and the UNION concur that this AGREEMENT has a.s its objective the promotion of the responsibilities of the City of Saint Paul for the benef it of the general public through effective labor-+mariagment cooperation. The II�LOYER and the UNION both realize tha.t this goal depends not only on the words in the AGREII�IT but rather primarily on at- titudes between people at all levels of responsibility. Constructive attitudes of the II�LOYER, the UNION, and the individual employees will best serve the needs of the general public. - iii - ARTICiE I - PURPOSE 1.1 The F.MPLOYER and the UNION agree that the purpose for entering into this AGREEMENT is to: 1.11 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that � is consistent with the safety and well-being of aIl 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 peacefully resolve disputes as to the application or interpretation of this AGREEMENT without loss of manpower pxoductiuity. 1.2 The IIKPLOYER and the UNION agree that this AGREEMENT serves as a supplement to legislation that creates and directs the F�IPLOYEK. : If any part of this AGREII�tENT 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 25 (SEVERABILITY) . - 1 - ARTICLE II - RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative for collective bargaining purposes for ali personnel having an employment status of regular, probationary, provisional, temporaiy, and emergency employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accord�nce with Case No. 73-PR-477-A dated April 16, 1973. 2.2 The classes of positions recognized as being exclusively represe�ted by the UNION are as listed in Appendi�c A. - 2 - A.RTICLE III - EMPLOYER RIGHTS 3.1 The IIKPLOYER retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure,� to select, direct, and determine the number of personnel; and to perform any inherent managerial functioa not specifically. limited by this AGREEMENT. 3.2 Ariy "term or coadition of employment" not established by this AGREEME*?T shall remain with the F�IPLOYER to eliminate, modify, or establish following written notif ication to the UNION. - 3 - ARTICLE IV - UNION RIGHTS 4.1 The E,MPLOYER shall deduct from the wages of emgloyees 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. 4.1I The II�LOYER shall not deduct dues from the wages of employees covered by this AGREEMENT for any other labor organization. 4.12 The UNION shall indemnify and save harmless the II�LOYER from any and all claims or charges ma.de against the EMPLOYER as a result of the implementation of this ARTICLE. 4.2 The UNION may designate one (1) employee from the bargainiag unit in each department to act as a Steward and shall inform the II�LOYER in writing of such designation. Such effiployee shall ha.ve the rights and responsibilities as deaignated in Article. 22 (GRIEVANCE PROCEDURE) . 4.3 Upon notif ication to a designated EMPLOYER supervisor, th� Business Manager of the UNION, or his designated representative shall be permitted to enter the facilities of the II�9?LOYER where employees covered by this AGREEMENT are working. - 4 - . o� Fi` 1v� �/ AR.TICLE V - SCOPE OF THE AGREEMENT 5.1 This AGREErIENT established the "terms and conditions of emploqarent" 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 Serviee- Rule, Council Ordinance, and Council Resolution. , _ 5 _ . ARTICLE VI - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a re;ular employment status shall serve a (6) month's probationary period during which time the employee's f itness and ability to perform the class of posifiions' duties and responsibilit�es shall be evaluated. ' 6.11 At any time during the probationarq period an employee may be terminated at the discretion of the EMPLOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCIDURE) . 6.12 An employee terniinated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the UNION. 6.2 Al1 personnel promoted to a higher class of positions shall serve a six (6) months' promotional probationary period during which time the employee's f itness and ability to perform the class of positions' duties and responsibilities shall be evalua.ted. b.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.MPLOYER without appeal to the provisions of Artic�.e 22 (GRIEVANCE PRO�IDURE) . 6.22 An employee demoted during the promotional probationary period shall be returned to the employee's previously held class of positions and shall receive a written notice of the reasons for de�notions, a copy of which shall be sent to the UNION. - 6 - _ 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 benefit system. 7.2 The II�LOYER shall compensate employees for all hours worked > at the basic hourly wage rate and hourly fringe benef it rate as foun.d in Article 12 (WAGES AND FRINGE BENEFITS) . 7.3 No other compensation or fringe benef it shall be accumulated or ea.rned by an employee except as speci£ically provided for in this AGREEMENT; except those employees who have individually optioned to be "grandfathered" as provided by 12.2. - 7 - ARTICLE VIII - HOURS OF WORK 8.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period. 8.2 The normal work week shall be five (5) consecutive narmal work �ays ia anp seven (7) day period. . 8.3 Shifts other than the regular daytime shif t Monday through Friday may �e > established. Such shifts must be maintained for a period of at least Qne (1) work week. The second shif t shall be a regularly scheduled shift which follows a regularly scheduled f irst shift of five (5) hours or grea.ter. The third shift shall be a regularly scheduled shift which follows a �egularl.� scheduled second shif t of f ive (5) hours or greater. 8.4 For employees on a shift basis, this shall be construed to mean an average of forty (40) hours a week. 8.5 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. 8.6 An employee normally working on a particular shift may be tranSferred from tha.t shift to another shif t upon one week's notice; provided, however, that in the event of a vacancy, an employee may be assigned to another shift to fill such vacancy upon 24 hours' notice. 8.7 All employees shall be at the work location designated by their su�ervisar, ready for work, at the established starting time and shall r�nain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.8 Al1 employees are sub�ect to call-back by the E�LOYER as provided by Article 10 (CALL BACK) . 8.9 Emploqees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2� ho.urs, at the basic hourl.y rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. 8.10 Tbe employer shall be required to give no less than six and one�alf (6�) hours notice, when an employee is to be laid off. _ a _ , � :l `�v''''�/ AR�ICLE I.Y - OVERT�SF. � 9.1 All overtime compensated for by the II�IrLOYER m�cst receive prior authorization from a designated E1�IPLOYER suFervisor. No overtiFne work claim wilT be honored for pa}x.:.znt or credit ur_Iess approved in advance. An overtime clai.�. 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 (1'�) the basic hourly rate shall be paid for` work performed under the following circumstances: Q.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. � � � R.3 Th� overtime rate of two (2) times the basic hourly rate shall be paid for wark performed under the following circumstances: 9,31 Time worked on a holiday as de€ined in Article 16 (HOLZDAYS); 9.32 Time worked, on a seventh (7th) day following a sormal work week; and 9.33 Time worked in a.-Wess of twelve (12) cansecutive haurs in a twQnty-four (24) hour periad, prvvided, that all "e,aiergency" work required by "Acts of God" shall be compensated at the rate of one and nne-t��lf (1�) . 9.4 For the purposes of calcu�.ating overtime compensation overtime hours �orked shall not be "pyram3ded", compounded, or paid twice for thc: same hours worked. � ' �:� Ovextim� hours worked as provided by this AR'�ICLE sha?1 be paid in cash or .in compensatory time. . The basis on which oveztime shall be paid shall be determined solely by the F�IPLOYER. Compensatory t�me off must 6e approved by the F�NIPLOYER. . � • - 9 - . �'7'���1 � ARTICLE X - CALL BACK 10.1 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 empleyee has completed a normal work day or nornal work week. } 10.2 Emgloyees called back shall receive a mini.mum 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 minimum established bq 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME). - 10 - ARTICLE XI - WORK LOCATION 11.1 Employees shall report to work location as assigned by a designated FMPLOYER supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the EMPLOYER. 11.2 Employees assigned to work locations during the normal work day, other than the�r original assig�m►ent, and who are required to furnish their own transportation shall be compensated for mileage. - 11 - ARTICLE XII - WAGES AND FRINGE BENEFITS 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 benefits. They shall be sub�ect to all other provisions of the AGREEMENT, but shall not ' have hourly fringe benef it contributions and/or deductions made on their behalf as provided for by Article 12.7 (FRINGE BENEFITS) . 12.21 Insurance benefits as established by the City of Saint Paul. 12.22 Sick Leave as established by Resolution No. 3250, Section 2U. : 12.23 In each calendar year, each full-time emgloyee who is eligible for vacation shall be granted vacation according to the following schedule: Years of Service Vacation Granted Less than 5 years 15 days After 5 years thru 15 years 20 days Af ter 15 years and thereafter 25 days Employees who work less than full-time shall be granted vacation on � pro rata basis. The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compeasation, Section I, Subdivision H. 12.24 Nine (9) legal holidays as established by the Saint Paul Salary Plan and Rates of Coinpensation, Section 1, Subdivision I. 12.25 Severance benef its as established by Ordinance No. 11490 with a maximimm payment of $4,000. 12.3 Regular employees covered by the Fringe Benef its in I2.2 shall have the right to transf er fram this coverage. Employees requesting such transfer shali be considered participating employees and will no longer be covered by the fringe benefits in 12.2 but shall be covered by 12.4. - 12 - ARTICLE XII - WAGES AND FRINGE BENEFITS `� l '�� �/ (continued� 12.4 Regular employees not covered by the fringa benefits listed in Article 12.2 shall be considered, for the purpose of this AGREIIKII3T, 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 Artiele� l2.7. 12.5 Provisiona.l, temporary, and emergency employees shall be considered� for the purposes of this AGREEMENT, participating emploqees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benef it contributions and/or deductions made in their behalf as provided for by Article 12.7. 12.6 All regular emgloyees employed in a title in this bargaining unit after February 15, 1974, shall be considered, for the gurpose af th�:s. 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 12.7. Employees who promote, transfer or reduce to any title in this bargai.ning unit fram any title which is not in this bargaining nnit shall not be allowed to use any accumulated sick leave credits while they are in such title. If the employee promotes, transfers or reduces to any titie which is not in tliis bargaining unit and if sick leave is allowed under the new title, the accumulated sick leave the employee had at the time such employse became a member of this bargaining unit shall be reinstated. 12.7 The II4PLOYER shall make contributions on behalf of and/or make deductions from the wages of employees covered bq this AGREF�IENT in accordance with Appendix D for all hours worked. - 13 - ARTICLE XITI - SELECTION OF FORII�IAN AND GENERAL FOREML�N 13.1 The selection of personnel for the class of positions Electrician-- General Foreman and Foreman shall remain solely with the EMPLOYER. ; 13.2 The class of positions Electrician--General Foreman and Fore�man sha11 be filled by employees of the bargaining unit on a "temporary assig�ent". 13.3 Al1 "temporary assignments" shall be made only at the directic�.: of a designated EMPLOYER supervisor. 13.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more tha.n one (lj normal work day. - 14 - ����.f� ARTICLE XIV - EARLY RETIREMENT INSURANCE BENEFITS 14.1 For those employee;� that are covered by the Fringe Benefits - Article 12, the EMPLOYER will provide lif e, hospital and medical insurance for early retirees who have retired since July 24, 1974, in the same � proportionate amounts of premium as provided by II�PLOYER for active employees. 14.2 In order to be eligible for the benef its under this early retixee provisioa:, the employees must: 14.21 Be receiving benefits from a public employee retirement act at the time of retirement. 14.22 Have severed. his relationship with the City of Saint Paul under one of the early retiree plans. 14.33 Inform the Personnel Off ice of the City of Saint Paui in writing within 60 da�s of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 14.3 Notwithstanding any provision of this Article to the contrary, ENIl�LOYER premium payments on behalf of early retirees shall commence June 1, 1977, and shail not be interpreted to apply retroactively or act in reimbursement. 14.4 Any obligation of the EMPLOYER to an earlq retiree as def ined hereia shall cease when such early retiree reaches age sixty-five (65) . - 15 - � • ARTICLE XV - HOLIDAYS ` • 15.1 The following nine (9) days shall be designated as holidays: New Year�s Day, January I 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 � 15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. Wfien a�a.p of these three �3) holidays falls on a Saturday, the preceding Friday shall be considered the designa.ted holiday. For those employees assigned tc a work week other than Monday through Friday, these threa halidaqs shall be observed on the calendar date of the holiday. 15.3 The nine (9) holidays shall be considered non work days. 15.4 If, in the �udgment of the F�IPLOYER, personnel are necessary for operating or emergency rea.sons, employees may be scheduled or "called back" in accordance wi.th Article 10 (CALL BACK) . 15.5 Employees covered by the Fringe Benef its in 12.2 and working on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 15.6 Employees not covered by the Fringe Beaefits in 12.2 and assigned to work on Presidents' Day, Columbus Day or Veterans' Day shall be compensated oa a straight time basis for such hours worked. 15.7 Emploqees not covered by the Fringe Benef its in 12.2 and assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, or Christmas Day shall be compensated at a rate of two (2) times the basic hourly rate for such haurs worked. 15.8 The day after Thanksgiving Day and the day before Christmas Daq shall be considered work days. All employees working on these days sha1Z be compensated on a straight time basis. - 16 - ARTICLE XVI - DISCIPLINARY PROCEDURES 16.1 The EMPLOYER shall have the right to impose disciplinary actians on employees for just cause. 16.2 Disciplinary actions by the EMPLOYER shall include oniy the � following actions: 16.21 Oral reprimand 16.22 Written reprimand 16.23 Suspension 16.24 Demotion 16.25 Discharge 16.3 Employees who are suspended, demoted or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Board of Review. The Civil Service Co�ission, or a designated Board of Review, shall be the sole and exclt?sive means of reviewing a suspension, demotion, or discharge. No appeal of a suspension, demotion, or discharge shall be considered a "grievance" for the purpose of processing through the provisions of Article 22 (GRIEVANCE PROCEDURE� . - 17 - , ARTICLE XVII - ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. ' 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (DISCIPLINARY PROCIDURES) . 17.3 Failure to report for work without notif ication for three (3) consecutive normal work days may be considered a "quit" by the EMPLOYER on the part of the employee. - 18 - � ARTICLE XVIII - SENIORITY 18.1 Senicrity, for the purposes of this AGP.EEMENT, shall be defin.ed as follows: 18.11 "Master Seniority" - the length of continuous regular and probationary service with the II�IPLOYER from the last date of employment in any and aZl class titles cavered by this AGREEMENT. � 18.12 "Class Seniarity" - the length of continuous reguZar and prob�tionary service with the IIKPLOYER from the date an employee was first appointed to a class title covered by this AGREEMENT. 18.2 Senioritq shall not accumulate during an unpaid leave of absence, exceot when such a Ieave is granted for a period of Iess than thirty (30� calendar days; is granted because of .illness or in3ury; ia granted to allow an employee to accept an appointment to the unclassif ied service of the EMPLOYER or to an elected or appointed ful?.'.�me gositio� with the UNION. 18.3 Senior3ty shall terminate when an employee retires, re�igns, or is discharged. 18.4 In the event it is determined by the EMPLOYER tha.t it is necessary to redu.�e the work force employees will be laid off by class title withia. each Department based on .inverse length of "Class Seaioritq." Emplcyees 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. 18.� The se].ection of vac�tion periods shall be utade by class title b�asgd on length of "Class Seniority", subject to the approvaL of the EMPLOYER. - 19 - . �? '� �•S'�/ ARTICLE XIX - JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate sub�ect for determination by the various unions representing employees of the EMPLOYER. 19.2 The F,P2PLOYER agrees to be guided in the assignment of work jurisdict�on by any mutual agreements between the unions involved. � 19.3 In the event of a dispute concerning the performance ar assignment af work, the unions i.nvolved and the EMPLOYER shall meet as soon as mutu�lly possible to resolve the dispute. Nothing in the foregoing shall restrict the right of ehe EMPLOYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict the II�LOYER's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the II�LOYER and as clarif ied by Sections 19.2 and 19.3 above shall be subject to discipl.'. ary action as provided in Article 16 (DISCIPLINARY PROCIDIIRES). I9.5 There sha1T be no work stoppage, slow down, or any disruption of work resulting from a work assigr�ment. - 20 - � � . . � r� � .�``� �./ � . ' ARTICLE XX - SEPARATION AIv� RETIRII�IF�tT 20.1 Employees having a probation,ary or regular employtnent status shall be considered separated from employment based on the following actions: 20.1i Resignation. Employees resigning from enploymenC shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 2U.12 Retirement. All employees shall retire from employsnent with the II�IPLOYER no later than the last calendar day of the month in which an em.ployee becomes seventy years old. �A.13 Dischar�. As provided in Article 16. 20.14 Failure to Report for Duty. As provided for in Article 17. � 2�.2 Eunployees having an emergency, temporary, or provisional employment status may be terminated at the discretion of the EMF'LOYER before the colmpletion of a normal work day. - 21 - . � ARTICLE XXI - TOOLS 21.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix E. - 22 - _ , � f �� �/ , ..., ARTICLE XXII - GRIEVANCE PROCEDURE 22.1 The II�IPLOYER shall recognize Stewards selected in accordance with Ulv'ION rules and regulations as the grievance representative of the bargaining unit. The WiION shall notify the II�IPLOYER . in writing of the names of the Stewards and of treir successors tahen so named. 22.2 It is recognized and accepted 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 accompiished during working hours only when consistent with such employee duties and responsibilities. 7,'he Steward involved�and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, pronided, the Steward and the employee have notified and received the approval of their supervisor fio be absent to process a g�ievance and that such absence would not ba detrimental to the work programs of the EMPLOYER. 22.3 The procedure established by this ARTICLE shall be tk�e sole and exclusive procedure, except for the appeal of disciplina.ry action �s pro�ided by 16.3, for the processing of grievances, which are def ined as an alieged violation of the terms and conditions of this AGREEMENT. . 22.4 Grievances shall be resolued in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this AGREEMENT, the emp�.oyee involved shall attempt to resolve the matter on an informal basis with the - 23 - �� `,� �.:»"�/ � ARTICI.� XXII - GRTEVANCE PROCEDURE (CONTINUID) employee's supervisor. If the matter is not resolved to the empl.oyee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged sections(s) of the AGREEMENT violated, and the relief requested. Any alleged viol�tion of the AGREEMENT not reduced to writing by the UNI0:1 within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the f irst occurrence of the event giving rise to the grievance, shall ba considered waived. Step 2. Withia seven (7) calendar days af ter receiving the �aritteu grievance a designa.ted II�LOYER supervisor shall meet with the UNION Steward and attempt to resolve the grievance. If, as a resu]:t of this meeting, the grievance remai�.s unresolved, the EMPLOYER shall reply in writing to the UNION within three (3) calendar days fo2lowing this meeting. The UNIGN ma.y refer the grievAnee in wr�ting to Step 3 within seven (7) calendar days fol.lowing receipt of the EMPLOYER's written answer. Any grievance not ref erred in writir_g by the UNION within seven (7) calendar days following receipt of the F�IPLOYER's answer shall be considered wained. - 24 - � � '� `�,; �/ ARTICLE XXII - GRIEVANCE PROCEDURE (CONTINUED) Step 3. Within seven (7) calendar days following recei�t of a grievance ref erred from Step 2 a designated ENIPLOYER supervisor shall meet with the UNION Business Manager or his designa.ted representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the EMPLOYER sha11 reply in writing to the UNION stating the II�LOYER'S answer concerning the grievance. If, as a result of the written response the grievance r�mains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred to in writing 3�y the UNION to Step 4 within seven (7) calendar days following receipt of the II�LOYER'S answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7� calendar days af ter the response of the E�LOYER in Step 3, by written notice to the II�LOYER, request arb3tration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the. ENi�'LOYER and the UNIdN within �even (7) calendar days af ter 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 _ � tt►e Public Emgloymant Relations Board to submit a - 25 - ARTICLE XXII - GRIEVANCE PROCEDURE (CONTINUID) panel of five (5) arbitrators. Both the E�IPLOYER 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�IPLOYER shall then strike one (1) name. The process will be repeated and tha remaining person shall be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator sha.11. consider and decide only the specific issue submitted in writing by the IIKPLOYER 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 eontrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solelp on the arbitrator's interpretation or application of the express terms of this �GREEMIIJT and to the facts of the grievanca gresented. The decision of the arbi�rator shall be final and binding on the EA'�LOYER, the UNION, and the employees. - 26 - � ` �c'/ :=�'..�,... G,, �. � - ARTICLE XXII — GRIEVANCE PROCEDURE (CONTINUED) 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EA�LOYER and the UNION, provided that eact� party shall be responsible for compensating its own representative and witnesses. If either party cancels an arbitration hearing or asks for a last minute postponement that lea.ds to the arbitrators making a charge, the canceling party or the party asking for the postgonement shall pay this charge. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it gays for the record. 22.Z The time limits in each step af this procedure may be extended bg mutual agreement of the EMPLOYER and the UNION. - 27 - ARTICI,E XXIII - RIGHT OF SUBCONTRACT 23.1 The F1�iPL0YER may, at any time during the duration of this AGREENIENT, contract out work done by the employeer covered by this AGREEMENT. In the event that such contracting would result in a reduction of the work force covered by this AGREEMENT, the E1�LOYER shall give the UNION a ninety (90) calendar day �otice of the intention to sub-contract. �3.2 The sub-contracting of work done by the employees covered bq this AGREEM�tT shall in all cases be made only to etaployers �aho qualify in accordance with Ordinance No. 14013. _ �Q _ � � l 1.��'�f ARTICLE XXIV - NON-DISCR.IMINATION 24.1 The terms and conditions of this AGREE�IE�"VT will be applied to employees equa.11y 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. 24.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. - 29 - ARTICLE XXV - SEVERABILITY 25.1 In the event that any provision(s) oF this AGREEMENT is declared to be contrary to law by proper legislative, administrative, or 3udicial authority from wh�se f inding, determination, or decree no appeal is taken, such pr�vision(s) shall be voided. All other provisions shall continue in full force and effect. 25.2 The parties agree to, upon written notice, enter into negotiations to placs the.voided provisions of the AGREEMENT in compZiance with the legislative, administrative, or judicial determination. - 30 - ARTICLE XXVI - WAIV�� 26.1 The EMPLOYER and the UNION acknowledge that during the meeting and negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any sub�ect concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this AGREEMENT. 2b.2 Therefore, the EMPLOYER and the UNION for the duration of this AGREEMENT agree that the other party shall not be obligated to meet and negotiate over any term or conditions of employment whether specif icallq covered or not specifically covered bq this AGREEMENT. The UNION a;�d EMPLOYER may, however, mutually agree to modify any provision of this AGREEMENT. 2fi.3 Aay and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and canditions of employment, to the axtent they are inconsistent with this AGREE►dENT, are hereby superseded. - 31 - ' ARTICLE XXVII - CITY MILEAGE 27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to rei.nbursement of City officers and employees for the use of their own autor�obiles in the performance of their duties, the following provisions are adapted. 27.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. T�ype 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $3.00 per day for ea{h day the employee's vehicle is . actually used in performing the duties of the employee's position. In addition, the employee shall be reinbursed 15G per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reim- bursed at the rate af 15� per mile �driver and shall not be eligible for aay per diem.. Type 2. If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reimbursed at the rate of $3.00 per day for each day of work. In addition, the employee shall be reimbursed 15� per mile for each mile actually driven. If such employee is required to drive an automabile during employment and the department head or designated representative determines that an employer nehicle is availab�le 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. 2T.3 The City will provide parking at the Civic Center Parking Ramp for City employ�es on either of the above mentioned types of reimbt-rsement plans o�ho are required to have their personal car available for City business. Such parking will be provided only for the days the emgloyee is required to have his or her own personal car available. 27.4 Rules and Regulation�: The Mayor shall adopt rules and reguZations gov.erning the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles drivea and shall file monthly aff idavits stating the number of days warked and the number of miles driven, and further require that they maintain automobile liability insurance in amaunts of not less than $100,000/$300,000 for personal in3ury, and $25,000 for property damage, or liability insurance in amounts not less than $300,004 si�gle limit coverage, with the City of Saint Paul �named as an additional insured. These rules and regulations, together with the amendment thereto, sha.11 be mair�tained .on f ile with the city clerk. - 32 - .' , . . . {J d:e° � � f u fj��� ARTICLE XXVIII - MATERNITY LEAVE 28.1 riaternity Leave. Maternity is def ined as the physical state of pregna.ncy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregna.ncy, the employee may apply for leave without pay at any time during ths period stated above and the � employer ma.y approve such leave at its option, and such lea.ve may be no longer than one (1) year. - 33 - ARTICLE XXIX - DURATTON AND PLEDGE 29.1 This agreement shall became effective as of May 2, 1981, and shall remain in effect through the 30th day of April, 1982, 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. 29.2 If either party desires to terminate or modify this AGREEl1ENT, effective as of the date of expiration, the party wishing to " modify or termina.te the AGREEMENT shall give written notice to the other party, not more than ninety (90) or less than sixty (6U) calendar days prior to the expiration date, provided, that the AGRE�tENT may only be so terminated or modified ef`ective as of the expiration date. 2.9.3 In cQnsidera�ion of the terms and conditions of employment established by this AGREEMII�iT and the recognition that the GRIEVANCE PROCIDURE herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the AGREII�k�tT: � 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, willfully abse�t 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. - 34 - A�TICLE XXIX - DURATION AND PLEDGE (continued) 29.32 The EMPLOYER will not engage in, instigate, or condone any lock-out of emplayees. 29.33 This constirutes a tentative agreement between the parties which will be recommended by the City � Negotiator, but is subject to the approval of the Adm3nistration of the City and is also subject to ratification by .the tTDIION. AGREED to this 24th day of August, Z98I, aAd attested to as the fu3.l and cor.�p2ete understanding of the parties for the period of time herein specified by the signature of the following representati�e from the . �ff'LOYER and the UNION. j;'ITNES5ES i INTERNATIONAL BROTHERHOQD OF CITY vF SAiNT PAUL ELECTRICAL WORKERS, L�OCAL 110. � � � � B ' BY: `� ' �� ;�'>c�_ i BY: BY: Civil Service Commission - 35 - '�;: o�o r���,� f ✓ APFENDIX A The classes of positions recognized as being exclusively represented by the UNION are as follows: Electrician--General Foreman Electrician--Foreman Electrician Lighting Maintenance Worker � Apprentice Electrician Senior Electrical Inspector Electrical Inspector and other classes of positions that may be established by the II�IPLOYER where the scope of the work duties and responsibilitie� assigned comes within the jurisdict�on of the UNION. - - A1 - APPENDIX B For all normal work weeks established pursuant to the provisions of Article VIII of this contract, which includes Sunday, the following provisions shall apply and govern: 1. All regular electricians employed prior to January 1, 1976 shall be offered assig��nt to the work week on a seniority basis, and all such employees sha11 have the right to refuse assigrrment to the workweek. This refusal is subject to the provisions listed below. , 2. All regu7.ar electricians employed subsequent to January 1, 1976 may be assigned to vacancies in this work week. 3. A11 regular electricians shall have the right to bid on and obtain assigrnnent of a position occupied by an eleetrician with lesser class seniority within 30 calendar days from the date that said position was last filled. 4. Any regular electrician may be assiga�ed, on a temporary basis, to the workweek, to replace an electrician who is absent because of vacation, illness, paid military leave, �ury duty ar any other leave acceptable to both parties. These tem- porary assiguments shall be made on the basis of seniority and in no instance shall any one employee be required to work on such temporary basis for more than 15 work days or the total temporary assigrnnent to exceed 90 work daps. - Bl - ' .,.,. b;r s�r «l ,,. �... f �, APPENDIR C The basic hourly wage rate for provisiona.l, regular and probationary employees appointed to the following classes of positions who are not covered by the provisions of Article 12.2. Effective 5-02-81 Electrician-General Fore.�an . . . . . . . . . . . $15.99 Electrician-Foreman . . . . . . . . . . . . . . . $15.22 Electrician . . . . . . . . . . . . . . . . . . $14.07 Senior Electrical Inspector . . . . . . . . . . . $15.99 - Electrical Inspector. . . . . . . . . . . . . $15.22 �ighting Maintenance Worker (Hired prior to May 2, 1981) Starting . . . . . . . . . . . . . . . . $ 9.85 After 6 months . . . . . . . . . . . . . . . $1d.55 �.�.ghting Maintenance Worker (Hired after May 2, 1981) 0 - 6 months . . . . . 50% of Electrician Rate ($ 7.04) 7 - 12 months . . . . . 55% of Electrician Rate ($ 7.74) 13 - 18 months . . . . . 60% of Electrician Rate ($ 8.44) i9 - 24 months . . . . . 65% of Electrician Rate ($ 9.15) 25 - 30 months . . . . . 75% of Electrician Rate ($10.55} The basic hourly wage rate for temporary and emerge�cy employees appointed to the foliowing classes of positions shall be: Effective 5-02-81 Electrician-General Foreman . . . . . . . . . .• . $16.63 Electrician-Foreman . . . . . . . . . . . . . . $15.83 Eleetrician . . . . . . . . . . . . . . . . . . $14.63 �l.ectrical Inspector. . . . . . . . . . . . . . $15.83 S�nior Electrical Inspector . . . . . . . . . . . $16,63 Lighting Maintenance Worker 0 - 6 months . . . . . 50/ of Electrician Rate ($ 7.32) 7 - 12 months . . . . . 55% of Electrician Rate ($ 8.05) 13 - 18 months . . . . . 60% of Electrician Rate ($ 8.78) 19 - 24 .months . . . . 65% of �lectrician Rate ($ 9.51) 25 - 30 months . . . . . 75% of Electrician Rate ($10.97) E4pp�entice Electricia.n � 0 - 6 months . . . . . . . . . 45% of Electrician Rate 7 - 12 months . . . . . . . . . 50X of Electrician Rate 13 - 18 months . . . . . . . . . 55% of Electrician Rate 19 - 24 months . . . . . . . . . 60x of Elec�ricia.n� Rate 25 - 30 months . . . . . . . . . 65% of �lectrician Rate � 31 - 35 months . . . . . . . . . 75x of Electricisn Rate 37 - l►2 months . .. . . . . . . . 80X of Electrician Rate 43 - 48 months . . . . . . . . . 85% of Electrician Rate - ei - APPENDIX C (continued) The basic hourly wage rate for regular employees appointed to the following classes of positions, who are covered by the pravisions of Article I2.2 af this AGREEMENT, shall be• Effective 5-02-81 Electrician-General Foreman . . . . . . . . $16.56 �lectrician-Foreman . . . . . . . . . . . . $15.75 Electrician . . . . . . . . . . . . . . . . $14.55 Sa�nior Electrical Inspector . . . . . . . . $1b.56 Electrica.l Inspector. . . . . . . . . . . . $15.75 Apprentice Electrician (Sired prior to March 16, 1974) . . . . . $12.37 Fsnployees caho work on a regularly assigned shift, beginning earlier than 6 a.m. or ending later than 6 p.m,. , provided that at least five hours of the shif t are worked between the hours of 6 p.m. and 6 a.m. , there shall be paid a night differential for the entire shif t. Employees who work on a regul�rly assigned shif t, beginning earlier than 6 a.m. or ending later than 6 p.m. , but less than five hours af the shift are wQrlced between the hours of 6 p.m. and 6 a.m. , there sha1Z be paid a night dif€erential for the hours worked between the hours of 6 p.m. and 6 a.m. The .night differential shall be 5% of the base rate, and shall be paid oniy for those night shif ts actually worked. - C2 - � - .:=,,�r" �7 / aPP�:x n Effective May 2, 1981, the EMPLOYER shall: (1) Contribute 5.125% of the gross wages earned by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this Agreement, to a Union designated Health and Welfare Fund. (2) Contribute 3% of the gross wages earned by participating employees as def ined in Articles 12.3, 12.4 and 22.5 covered by this Agreement, ta . a Union designated Pension Fund. (3) Gontribute .25% of the gross wages earned by participating employees gs defin�d in Articlea 12.3, 12.4 and I2.5 covered by this Agreement, to a Union designated Apprentice.;hip Training Fund. (4) Contribute ..25% of the gross wages earned by participating employees ss def ined in Articles 12.3, 12.4 and 12.5 covered by this Agreement, to � Union designa�ed Seniority Fund. (5� Contribute 3.SX of the gross wages earned by participating emplQyees as def iaed in Articles 12.3, I2.4 and 12.5 covered by this Agreement, to a Union designated Reserve Trust Fund. (5) Coatribute 3;6 of the gross wages earned by participating emplopees as def ined in Articles 12.3, 12.4 and 12.5 covered by this Agreement to the Union's designated National Employees Benef it Fund (N.E.B.F.j. (7) Contribute 7'� of all wages earned by participating employees as defisied in Articles 12.3, 12.4 and 12.5 covered by this Agreement, to a Union designated Vacatioa and Holiday Fund. This contribution is sab�ect to all payroll deductions. - Dl - APPENDIX "D" (continued) Effective May 2, 1981, the Employer shall: Contribute $ .50 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this Agreement, to a Union designated Annuity Fund. The EMPLOYER shall establish Workman's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating employees as defined in Articles 12.3, I2.4 and 12.5 covered by this AGREEMEDTT shall not be e].igible for, governed by, or accum�:late vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits tha.t are or may be established by Personnel Rules, Council Ordinance, or Council Resolution. The F.MPLOYER'S fringe benef it obligation to participating employees covered by this 9GREEMENT, as defined in Articles 12.3, 12.4 and 12.5 is limited solely to the contributions and/or deductions established by this AGREEMEt�TT. The actual level of benef its provided to emploqees shall be the responsibility of the trustees of the various funds to which the EMPLOYER has forwarded contributious and/or ded.uctions. - D2 - � .�' .Y � � APPENDIX E �` s Pocket Tool Punch and Belt F t 6" Rule 9" or 10" Aluminum Level 8'' Side Cutters Crimping Tool 10" Crescent Wrench Combination Box-Open End Wrenches 3/8" - 3/4" Sccket Set of equivalent sizes Cald Chisel and Center Punch Ta�s 6/32 - 8/32 - 10/32 - 10/24 - 1/4 20 Tap Wrench �ila Rasp 12" 1/2 Round and Rat Tail Hack Saw 12" Blade Screw Drivers 4" - 8" - 12" Reg. Slot and 4" and 6" Phillips Flashlight ' T�ster, b00 v. Solenoid Type Cambination Square Knif e Long Nose Plier Diaganal Cutting Pliers 2 Pair Channel Locks 14" Pige Wrench or Chain Wrench ' Allen Wrenches � Hsmmer, BaTl Peen . - El - � . ./ r �i / . . �' , ��..i APPENDIX E (CONTINUED) Scratch Awl Drills - in accordance with Tap sizes 9/32 and 3/8 Fuse Puller Angle Screw Driver �ool Box to hold the above toois � The IIKPLOYER shaZl furnish all other necessary tools or equipiaent. Employees will be held responsible for tools or equipment issued to them, groviding the II�IFLOYER furnishes the necessary lockers, "gang box" or other safe place for storage. The EMPLOYER shall replace with similar tools of equal value and quali.tg anp of the above listed tools which are tuxned in by an employee which are no longer serviceable be�:�use of wear or breakage, providing the employee has been em�loqed for nine (9) continuous months or more. - E2 - � APPENDIX F �r 0 ���J� WORKING CONDITIONS FOR SENIOR ELECTRICAL INSPECTORS AND ELFCTRICAL INSPECTORS As a result of the 1974 settlement, the Parties have established craft-determined rates for Senior Electrical Inspectors and for Electrical Inspectors, with the specific understanding that such agreement is restricted to establishing rates of pay for such clas- sifications. Tt is, cansequently, agreed that the Employer in applying Ar�icle III - ENiPI,OYER RIGHTS - of the MAINTENANCE LABOR AGREEMENT, shall have the right to operate the Department in the same manner as heretofore, with management right� unaffected, and that the establishment of separate rates for these classifications as well as for Inspector clas ;ificati.ons in other Bargaining Units, may not result in disputes aver assigrnaents or over rates of pay for work performed, nor will arry jurisdictional claims or restrictions be asserted by the Union hecause members of various Inspector classifications are assigned to work which is also performed by other Inspector classifications. - Fl -