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277562 WNITE - CITY CLERK �� PINK - FINANCE � CANARY - DEPARTMENT COIlI1C1I N BLUE - MAYOR G I T Y O F S A I N T PA LT L File N O. ouncil Resolution Presented Referred To Committee: Date Out of Committee By Date An administrative Resolution approving the terms and conditions of a 1981-1983 Maintenance Labor Agree- ment between the City of St. Paul and the Pipefitters Local 455. 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 Pipefitters Local 455, 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-480-A for the purpose of ineeti.ng 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, 1984, 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 4, 1981; now, therefore, be it RE50LVED, that the Mai.ntenance Labor Agreement, cited above, dated as of the effective date of this Resolution, between the City of St. Paul and the Pipe- fitters Loea1 455, 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: � 4 Ch irman, C vi ervice Commission COUNCILMEN Requestgd by Department of: Yeas Nays p�RSONNEL OFFICE Hu�t tw�- In Favor nnaddoX McMahon B � ,. , Showalter --�-- Agai[lst Y �ede�o Wilson OI+T � 198� For pproved b Ci t ne Adopted by Council: Date _ �+ r CertifiE: a_ • by Counc� , creta BY By . �_ : Ap by ;Wavor. t V�+T i� LLl . Ap o by Mayor for b is 'on to ouncil By _ _ g FuR�.;�:;�� 0 CT 17 1981 . �J 7YH77H - CiTY CLERK � � COURCII � /�� PIT1iS - FINANCE � A T 7T � � CASVARY - DEPARTMENT t� I TY OF SC, 1 NT i�t� 11 L FiLU.E - iWAYOiZ 11 File N 0. CITY CL RK YlCZ4 �+eS�GZl�ZOY� P.esented Q Referred To Committee: Date Out of Committee By Date An administrative Resolution approvi.ng the terms and conditions of a 1981-1983 Maintenance Labor Agree- ment between the City of St. Paul and the Pipefitters Local 455. WHEREAS, the Council, pursuant to the provisions of Section 12. 09 of the St. Paul City Charter and the Public Employees Labor Relati.ons Ac� of 1971, as amended, recognizes the Pipefitters Local 455, as exclusive representative for those classes of positions within the City of St. Paul certified by the Bureau of Mediation Services under Case 1Vo. ?3-PR-480-A for the purpose of ineeti.ng and negotiating the terms and condit�.ons of exnploy- ` ment for all full-time personnel in the classes of positions as set forth i.n the A�reement between the City and the exclusive representatives hereinabove refer�nced; and WHEREAS, the City, through designated representatives, and the exclusive representatives have met in good faith and negotiated the terms a.nd conditions of employmsnt for the period May 1, 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, the 1g81 Agreement has been reached wrich includes a wage adjustment retroactive to May 4, 1981; now, therefore, be it RE�OLVED, that the Mai.ntenance Labor Agreement, cited above, dated as of the effective date of this Resolution, between the City of St. Paul and the Pipe- fitters Local 455, on file in the office of the City Clerk, is hereby approved, and th.e authorized administrative officials of the City are hereby authorized and directed to execute said Agreement on behalf of the City. App r�ove d: Chairman, Givil Service Commission � COUNCILMEN Requestgd b.� Department of: Yeas Nays Hunt PERSONNEI., OFFICE ��v��e In Favor Maddox Mc"�tahon B Showaiter . _ AgaiIISt Y Teclesco Wilson Form Approved by City Attorney Adopted by Council: Date ' Certified Passed by Council Secretary ' BY Bl' --- _ . . Approved by �layor: Date __— __ Approved by Mayor for Submission to Counci! B�• -------- _ __. By Co r�ot detach this memorand��m from tl�e �� ,� � p� � g� _�� . resoi:;fion so that this information will be availab�e to the City Council. EXPLANATION OF ADMINISTRA,TIVE ORDERS, ��fi2 RESOLUTIONS� AND ORDINANCES � �-•,---.�t.--A Date: August 26, 1981 � _ ...'...,.:.�'� Fr�,j� �EP � 1981 T0: MAYOR GEORGE i,ATIMER ;r'r- - �'-�� `:�TI�'r FR: Per�onnel Of£ice RE: Resolution for submission to City Council ACTION REQUESTED We recommend your approval and submission of this Resolution to the City Council. PURPOSE AND RATIONALE FOR THIS ACTTON TY�is resolution approves the 1981-1983 Agreement between the City of St. Paul and the Pipefitters Local 455. This new Agreement include s the following change s: Residency. l. The former city residency requirements have been deleted and the current City Council�s Residency Resolution now applies. 2. Wages - This agreement calls for a total package increase of $1.89 on May 4, 19g1 and an additional . 50 per hour on June 15, 1 g81 for the Senior Mechanical Inspector-Pipefitter. The May 1, 1982 total package increase will be $2. 00 per hour for the Senior Mechanical Inspector. These increases are based on the outside union settlement. The May 1, 1983 ��1��NC�AL WTMPACT negotiated later. The contract will be reopened for this purpose only. � The city currently has three employees covered by this contract. The cost f�r the increases for these employees will amount t� $14, 914 in 1981-1982. In the second year (1982-1983) the cost will amount to $12,480. ATTAC�NTS: Resolution and copy for City Clerk. r,,,,..../;�'•,�`'."+�6� y� �7 ��,...p* p hW � . �-.t4.,.� y i August 25, 1981 Civil Service Commission % Personnel Office 265 City Ha.11 St. Paul, MN 55102 Dear Commission Members: I hereby request that the Second Reading before the Civil Service Commission for the Resolution approving the Maintena.nce Labor Agreement between the City of Saint Paul and the United Association of Pipefitters Local Union No. 455 be waived. Very truly yours, � Robert Lowe, Business Manager United Association of Pipef itters Local Union No. 455 ' � � . � ��;`��2 , i�$� - �9s� MAINTENANCE LABOR AGREII�IENT - between - THE CITY OF SAINT PAUL - and - UNITED ASSOCIATION PIPEk'ITTERS LOCAL UNION N0. 45S . j y INDEX ARTICLE TITLE PAGE Preamble iii I Purpose 1 II Recognition 2 III Employer Rights 3 IV Union Rights 4 V Scope of the Agreement 5 VI Probationary Periods ( VII Philosophy of Employment and Compensation 7 VIII Hours of Work g IR Overtime 9 g Call Back 10 RI Work Location, Residency Z1 XII Wages 12 XIII Fringe Benef its 14 RIV Selection of Foreman and General Foreman 15 XV Ret ire�ment 16 XVI HolidaYs 17 XVII Disciplinary Procedures lg RVIII Absences From Work 19 XIR Seniority 20 7� Jurisdiction 21 %XI Separation 22 �II Tools 23 7�CIII Grievance Procedure 24 XXID Right of Subcontract 29 XXV Non-discrimination 30 XXVI Severability 31 �CVII Waiver 32 RRVIII City Mileage Plan 33 BXIX Duration and Pledge 34 APFendix A AI Appendix B B1 Appendix C C1 Appendix D Dl Appendix E E1 - ii - • j . �! � `��.� l � P R E A M B L E This AGREII�IENT is entered into between the City of Saint Paul, hereinafter referred to as the EMPLOYER and the United Assaciation , Pipef itters Local Union No. 455, hereinafter referred to as the UNION. The EMPLOYER and the UNION concur that this AGREEMENT has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. The IIKPLOYER and the UNION both realize that this goal depend� not only on the words in the AGREEMENT but rather primari2y on attitudes between people at all levels of responsibility. Constructive attitud:es of the II�LOYER, the UNION, and the individual employees will best serve the needs of the general public. - iii - ARTICLE I - PURPOSE lol The E1�LOYER and the UNION agree that the purpose for entering into this AGREEMENT is to: 1.11 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; 1.12 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the II�LOYER and the UNION; 1.13 Establish procedures to orderly and peacefully resolve disputes as to the application or inter- pretation of this AGREEMENT without loss of manpower productivity. 1.2 The FhIPLOYER and. the UNION agree that this AGREII�iENT serves as a suppl�ent to legislation that creates and directs the FMPLOYER. If any part of this AGREII�IENT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree ta negotiate that part in conflict so that it conforms to the statute as provided by Article 26 (SEVERABILITY) . _ 1 _ ARTICLE II - RECOGNITION 2.1 The E�IPLOYER recognizes the UNION as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, probationa.ry, provisional, temporary, , and emergency employed in the classes of positions defined in 2.2 as certif ied by the Bureau of Mediation Services in accordance with Gase No. 73-PR-480-A dated A�ril 16, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. i F � � � � kM f � , k ( � � t � & � 0 r 1`` i- { �: .. . . . . . . r � k , i � i � - 2 - I � � , � ARTICLE III - EMPLOYER RIGHTS 3.1 The EMPLOYER retains the right to operate and ma.nage 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, di.rect, and determine the number of personnel; and to perform any inherent managerial function not specif ically limited by this AGREEMENT. 3.2 Any "term or condition of employment" not established by this AGREII�iENT shall remain wi.th the EMPLOYER to eliminate, modify, or eetablish following written notification to the UNION. - 3 - ' , . . - «., t,,� . . . . �'~w.( .�% . ... �p Y� ARTICLE IV - UNION RIGHTS 4.1 The II�LOYER 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 Iabor organization. 4.12 The UNION shall indemnify and save harmless the II�LOYER from any and all claims or charges made against the IIrII'LOYER as a result of the imglementatian of this ARTICLE. 4.2 The UNION may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the EI�LOYER in writing of such designation. Such employee sha.11 ha.ve the rights. and responsibilities as designated in Article 23 (GRIEVANCE PROCIDtTRE) . 4.3 Upon notif ieation to a designated IIKPLOYER supemisor, the Business Manager of the UNION, or his designa,ted representative sliall be perniitted to enter the facilities of the II�LOYER where emplopees covered by this AGREEMENT are working. � i f G. ` - 4 - ' . , ,��.;:i:��«�t� ARTICLE V - SCOPE OF THE AGREEMENT 5.1 This AGREEMENT establishes the "terms and conditions of employnent" def ined by M.S. 179.63, Subd. 18 for all employees exciusively represented by the UNION. This AGREEMENT shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. - 5 - AkTiCLE VI - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) month's probationary period during which time the employee's fitness and ability to IIerform the class of positions' duties and responsibilities sha].1 be evaluated. 6.I1 At any time during the probationary period an employee m:ay be terminated at the discretion of the II�IPLOYER without appeal to the provisions of Article 23 (GRIEVANCE PROCIDURE) . 6.12 An employee terminated during the probationary pQriod shall receive a written notice of the reason(s) for s�:ch Cermina- tion, a copy of which shall be sent to the UNION. 6.2 All personnel promoted to a higher class of positions shall serve a six (6�. months' promotional probationary period during which time the empl.oyee's f itness and ability to perform the class of positions' duties and responsi- vilities shall be evaluated. 6.21 At any time during the promotianal. probationary period an employee may be demoted to the employee's previously held class of positions at the discretion of the IIKPLOYER without appeal to the provisions of Article 23 (GRIEVANCE PROCEDURE} . 6.22 An employee demoted during the promotional probationary period shall be returned to the employee's previously held class of positions and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the UNION. - 6 - ARTICLE VII - PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7e1 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 II�IPLOYER 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 benefit shall be accumulated or 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 i2.2. - 7 - • � � . �� ,,f ,��,,,t, ��..t�.��. " ARTICLE VIII - HOURS OF WORK 8.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaic? lunch period, between 7:00 a.m. and 5:30 g.m. 8.2 The normal work week shall be five (5) consecutive normal work days Mondap . through Friday. r 8.3 If, during the term of this AGREEMENT, it is necessary in the II�LOYER'S 3udgment to establish second and third shif ts or a work week of other than Monday through Friday, the UNION agrees to enter into negotiatians i,um►ediately to establish the conditions of such shifts snd/or work weeks. 8.4 This section shall not be construed as, and is not a gusrantee of, any hours of work per normal work day or per normal work week. 8.5 All employees sball be at the location designated by their supervisor, ready for work, at the established starting time and shall remaia at an assigned raork location until the end of the established work day unless atherwise directed by their supervisor. 8.6 All employees are subject to call-back by the F2�.'LOYER as provided by Article 10 (CALL BACK�. 8.7 Employees reporting for work at the established starting time and far whom no work is available shall receive pay for two �2) hours, at the basic hourl-• rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. 8.8 Standby. Any Refrigeration, Gas and Oil Serviceman wha is req�rired ta be available for emergency service work on weekends and holidaps shall be guaranteed work or wages and fringes equivaient to: 4U minutes for Friday nights $0 minutes for Saturday and Saturday ni.ght 80 minutes for Sunday and Sunday night or 80 ininutes for any holiday and holidap night of such 24 hour shif t. All of the above at time and one-half rate. If the employee is called in for work, the above ti.me shall be a part of, not in addition to, the time worked. - 8 - ARTICLE IX - OVERTIME 9.1 All overtime compensated for by the EMPLOYER must receive prior authori- zation from a designated IIKPLOYER supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 9.2 The overtime rate of one and one-half (1�) the basic hourly rate shall be � paid for work performed under the following circumstances: 9.21 Time worked in excess of eight (8) hours in any one noxmal work day and, 9.22 Time worked on a six�h (6th) day following a normal work week. 9.3 The overtime rate of two (2) times the basic hourly rate shall be paid far work perfomred under the following circumstances: �.31 Time worked on a holiday as defined in Article 16 (�OLIDAYS� ; 9.32 Time worked on a seventh (7th� day following a normal work week; and Q.33 Time worked in excess of twelve (12� consecutive hours in a twenty-four (24) hour period, provided, that aIl "emargency" work required by "Acts of God" shall be compeasated at the rate of one and one-half (1�) . 9:4 For the purgoses of calculating overtime compensation overtime hours worked sha]:1 not be "pyramided", compounded, or paid twice� for the same hours worked. , 9.5 Oveztime hours worked as provided by this ARTICLE shall,be paid in cash. - 9 - . � �,� �%, . ARTICLE X - CALL BACK 10.1 The II�LOYER retains the right to call back employees before an employee has started a normal work day ar normaT work week and after an employee has completed a normal work day or normal work � weak. 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 subjeet to the minimum established by 10.2 above. 10.4 Employees called back four (4� hours or Iess 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 (OVERTTME) . i � k � � . . . . . � � � � ' � s �{ 1 � � 4 � - 10 - � ARTICLE XI - WORK LOC�TION, RESIDENCY 11.1 Employees shall report to work location as assigned by a designated EMPLOYER supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the II�LOYER. 11.2 Employees assigned to work locations during the normal work day, other than their original assig�ent, 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 Council File No. 273378 shall apply to all employees covered by this /iGREEMENT. ' - 11 - ARTICLE XII - kAGES 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 sha1l continue to be covered by such benef its. They shall be subj ect to all other provisions of the AGREEMENT, but sha1Z not have haurly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENE�ITS�. 12.21 Insurance benef its as established by City of Saint Paul Resolutions. �2.22 Sick Leave as established by Resolution No. 325U, Section 20. 12.23 Yacation as established by Resolution No. 6446, Section I, Subdivision H, however, employees in this bargaining uait, covered by this vacation provision, shall be granted vacat3.on at the rate of 160 hours in each calendar year. 12.24 Nine (9Z legal holidays as established by Resolution No. 6446, Section I, Subdivision I. 12.25 Severance benefits as established by Ordinanee No. II490 with a maximum payment of $4,000. I2.26 The II�LOYER will for the period af this AGREEI�IENT pravide . for employees who are eligible for the City's 8ealth and , Welfare benefits and who retire af ter the time of execution of this AGREEMENT or who have retired since Apri2 I, 1975, : and until such emgloyees reach sixty-f ive (65} years of age such health insurance benef its as are provided by the EMPLOYER. - 12 - 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 be�`�efits from a public employee retiree act at the time of retirement. 12.27.2 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 12.27.3 Inform the Personnel Office vf the City of Saint � Paul in Fn iting within 60 days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benef its. 12.3 Regular employees not covered by the fringe benef its listed in Article I2.2 shall be considered, for the purposes of this AGREEMENT, participating e�►ployees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions andfor deductions made oa their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.4 Provisional, temporary, and emergency employees shall be cansidered, for the purposes of this AGREEMENT, participating employees and shall be com- pensated in accardaace with Article 12.1 (WAGES) and have fringe benef it contributions and/or deductions made in their behalf as provided for by Article 13 (k'RINGE BENEFZTS). 12.5 All regular employees employed after Februarp 15, 1974, shall be considered, fo� the purp�se of this AGREII�IENT, participating emgloyees and shall be ce�penast�3 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 $ENEFITS) . � - 13 - ARTICLE XIII - FRINGE SENEFITS 13.1 The ENIPLOYER shall make contributions on behalf of and/or ma.ke deductions from the wages of employees covered by this AGREEMENT in accordance with Appendix D for all hours worked. ' - I4 - . . . ARTICLE XIV - SELECTION OF FORII�IAN AND GENERAL FOREMAN 14.1 The selection of personnel for the class of position Pipefitter Foreman shall remain solely with the EMPLOYER. 14.2 The class of position Pipef itter Foreman shall be filled by employees of the bargaining unit on a "temporary assigrnnent". 14.3 A11 "temporary assignments" shall be made only at the direction of a � deeignated IIKPLOYER supervisor. 14.4 Such "temporary assignments" shall be made only ix� cases where the class of positions is vacant for more than one (1) normal work day. - 15 - ARTICLE XV - RETIREMII�TT 15.1 All employees shall retire from employment with the F:NiPLOYER no later than the last calendar day of the month in which an employee becomes sixty-five (65) years old. , ; � � I l C � � 4 � � I � � � � � � � ; , - 16 - ARTICLE XVI - HOLIDAYS 16.1 The following nine (9) days shall be designated as holidays: New Years Day, January 1 Presidents' Day, Third Monday in Februa.ry Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Columbus Day, second Monday in Qctober Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 16.2 When New Year's Day, Independence Day or Christmas Day falls on a Sundaq, the following Monday shall be considered the designated holiday. Whea 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�aork days. 16.4 If, in the �udgment of the II�IPLOYER, personnel are necessary for operating or emergency reasons, employees may be scheduled or '�called back" in accord�nce with Article 10 (CALL BACR). 16.5 Employees working on a designated holiday sha.11 be compensated at the rate of two (2� times the basic hourly rate for all hours worked. 17 - > � � � � �'�`��2 ARTICLE XVII - DISCIPLINARY PROC�URES 17.1 The ENIE'LOYER shall have 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, or discharged sh�I:7. 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 mPans of reviewing a suspension, demotion, or discharge. No appeal of a suspension, demotion, or discharge shall be cansidered a "grievance" � for the purpose of processing through the provisions of Article 23 : r (GRIEVANCE PROCEDURE) . � I , ` f I I I � , � � f � f - 18 �p f I ARTICLE XVIII - ABSE�CES 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 �n no event later than the beginning of such work day. 18.2 �ailure to make such notification may be grounds for discipline as provided in Article 17 (DISCIPLINARY PROCEDURES) . 18.3 Failure to report for w�rk without notification for three (3) consecutive normal work days may be considered a "quit" by the F�MPLOYER on the part of the employee. M - 19 - 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 fram the last date of employment in any and all class titles covered by this AGREEMENT. 19.12 "Class Seniority" - The length of continuous regulat and probationary service with the E�NtPLOYER 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 lea�e of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injurq; 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 with the UNION. 19.3 Seniority shall terminate when an employee retires9 resigns, or is discharged. 19.4 In the event it is determined by the EMPLOYER tha.t it is necessary to reduee 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 ha.ve the right to reinstatement in any lawer-gaid class title, provided, employee has greater "Master Senioritp" than the employee being replaced. 19.5 The selection of vacation periods shall be made by class titZe based on length of "Class Seniority", subject to the approval of the IIKPLOYER. - 20 - ARTICLE XX - JURISDICTION 20.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate sub�ect to determination by the various unions representing employees of the IIKPLOYER. 20.2 The EMPLOYER agrees to be guided in the assignment of work �uris- diction by any mutual agreements between the unions involved. 20.3 In the event of a dispute concerning the performa.nce or assignment of tiork, the unions involved and the EMPLOYER shall. meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the IIKPLOYER to accomplish the work as originally assigned pending resolutian of the dispute or to restrict the EMPLOYER'S basic ri�ht to assign work. � 20.4 Aay employee refusing to perform work assigned by the IIKPLOYER and as clarified by Sections 20.2 and 20.3 above shall be suhject to disciplina.ry actfon as provided in Article 17 (DISCIPLINARY PROCEDURES) . 2U.5 There shaTl be no work stoppage, slow down, or any disruption of work resulting from a work assigriment. - 2I - ARTICLE XXI - SEPARATION 21.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 21.11 Resignation. Employees resigning from employment ' shall give written notice fourteen {14) calendar days prior to the 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 Repor� for Duty. As provided in Article. l8. 21.2 Employees ha.ving an emergency, temporary, or provisiona]. employment status may be termina,ted at the discretion of the EMPLOYER before tl�e completion of a normal work day. - 22 - � , . , � � � � �7 .�� ARTICLE XXII — TOOLS 22.1 Al1 employees shall persona,lly provide themselves with the tools of the trade as listed in Appendix B. - 23 - ARTICLE XXIII - GRIEVANCE PROCIDURE 23.1 The EMPLOYER shall recognize Stewards selected in accordance w3th UDIION rules and regulations as the grievance representative of the bargainirig unit. The UNION shall notify the IIKPLOYER in writing of the names of the Stewards and of their successors when so named. � 23.2 It is recognized and accepted by the F,MPLOYER and the IlNION that the processing of grievances as hereinafter provided is limited hy the job duties and responsibilities of the employees and shall therefer� be ac�omplished during working hours only when consistent with such emgTo}�ee duties and responsibilities. The Stewarl invo�ved and a grieviag em�loyee shall suffer no loss in pay when a grievance is processed during working ! hours, provided, the Steward ancl the emplayee have notified and received f the approval of their supervisor to be absent to process a grievance snd _ that such absence would not be detrimentaY 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 prouided by 17.3, for the processing of grievances, which are defined as an aZleged � violation of the terms and conditions of this AGREFMENT. ; q 23.4 Grievances shall be resolved in conformance with tite following procedure: ! � Step 1. Upon the occurrence of an alleged violation of this � AGREEMENT, the employee involved sha11 attempt to � ` � resolve the matter on an infarmal basis with the employee's supervisor. If the matter is not resolved � - 2�+ - I � ARTICLE XXIII - GRTEVANCE PROCEDURE (continued) to the employee's satisfaction by the informal discussion it may be reduced to writing and ref erred 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 evant giving rise to the grievance or within the use of � reasonable diligence should have had kaowledge of the i first occurrence of the event giving rise to the grievance, shall be considered waived. Seep 2. Within seven (7) calendar days after receiviag the written grievance a designated IIKPLOYER supervisor sha11 meet with � the UNION Steward and attenpt to resolve the grievance. It, , � as a result of this meeting, the grievance remains unresolved, R the EMPLOYER sha.11 reply in writing to the UAT�ON within three (3} calendar days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days fQllowing receipt of the II�LOYERtS written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the IIKPLOYER'S answer shall be considered waived. ` - 25 - � . � . .. . � . . t_/E '�7 �,.� ,..��. . "�y' j p(}iL•L ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) Step 3. Within seven (7) calendar days following receipt of a grievance ref erred from Step 2 a designated EMPLOYER 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 IIKPLOYER'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. Anq grievance not referred in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the F.�iPLOYER'S answer sha.11 be considered waived. Step 4. If the grievance renains unresolved, the UNION may within seven (7) calendar days after the response of the II+�LOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the IIKPLOYER and the UNION within seven �7) calendar days after notice ha.s been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relations Board to submit a panel of five (5� arbitrators. Both the IIKPLOYER a�d the - 26 - ARTICLE XXIII - GRIEVANCE PROCIDURE (continued) UNION shall ha.ve the right to strike two (2) names from the panel. The UNION shall strike the first (lst) name; the II�LOYER shall then strike one (1) name. The process will be repeated and the remaining person sha.11 be the ' . arbitrator. 23.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arDitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and sha.11 ha.ve no authority to malcs 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 , regulatioas having the force aad effect of law. The arbitrator's decision shall be submitted in wri�ing within thirty (30) days following � � close of the hearing or the submission of briefs by the parties, whichever i be later, unless the parties agree to an extension. Ths decision shall be based solely on the arbitrator's interpretation or application of the express te3cros of this AGREEMENT.and to the facts of the grievance , � — presented. The decision of the arbitrator shall be final and binding , ` _ � on the F.MPi.OYER, the UNION and the employees. ` � 1 � f _ .� - 27 - � : E , , -; , . , ;- � ,�` ARTICLE XXIII - GRIEVANCE PROCIDURE (continued) 23.6 The fees and eacpenses for the arbitrator's services and groceedings shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representative r and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made proniding it. pays for the record. 23.7 The time limits in each step of this procedure may be exteaded bp mutual agreement of the ENIPLOYER and the UNI�N. - 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 AGREEMENT, the IIKPLOYER shall give the UNION a ninety (90) calendar day notice of the intention to sub-contract. 2�.2 The sub-contracting of work 4one by the employees covered hy this AGREEMENT shall in all cases be made only to emgloyers who qualify in accordance with Ordinance No. 14013. — 29 — .,...�, ..,...,.._��_.�...�.�_. :,........�..._.�.�.._..-...._ ,ti,_..,� ,r.,_..._ �,...�.,._. .__�_� ,___._.._�__e..� • � . ' � � � � . � �. �,J� ,'``.:J `s' 'o� , � . ... .:'f,..: 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 resgonsibilities involve other employees and the general public. - 30 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, determina.tion, 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 wri'tten notice, enter inta negotiations to place the voided provisions of the AGREEMENT in compliance with the legislative, administrative, or judicial determination. - 31 - _ ARTICLE XXVII - WAIVER 27.1 The EMPLOYER and the UNION acknowledge that during the meeting and negotiaCing which resulted in this AGREEMENT, each had the right and opportunity to ma�e proposals with respect to any , subject concerning the terms and conditions of emplayment. The agreements and understandings reached by the parties af tar the exercise of this right are fully and completely set forth in this AGREEMENT. 27.2 Therefore, the EMPLOYER and the UNION for the duratiort of this AGREEMENT agree that the other party shall not be obligated to - meet and negotfate over any term or conditions of empYoyment whether specifically covered or not specificallp coveYed bp this AGREF�iENT. The UNION and EMPLOYER may, however, mutually agree to modify any provision of this AGREEMII+TT. 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 theq are inconsistent ; with this AGREEMENT, are hereby superseded. I t I I � � � � - 32 - � , . . � . � . . .,... '/p �'::. ' ARTICLE XXVIII - CI1'Y MILEAGE � 28.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 af the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City off icers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 28.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shal� be reimbursed at the rate of $3.00 per day for each day the employee's vehicle is actually used in performing the duties of the employeets 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 designated representative determines that an employer vehicle is available for the emplayee�s use but the employee desires to use his/her own automobile, then the �tployee shall be reim- bursed at the rate of 15G per mile driven and shall not be eligib3.e For suy per diem. Type Z. If an employ �e is required to use his/her own automobile REGULARLY during employment, the employee shall be reimbursed at the sate of $3.00 per day for each day of wo:.k. 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 designated reF_esentative determines that aa �mployer vehicle is available for the employee's use but the employee desires to use his/�er own automobile, then the employee shall be reim- bursed at the rate of 15� per mile driven and sha1.1 not be eligible for �Y Per diem. 28.3 The City will provide parking at the Civic Ceater Parking Ramg for City employees on either of the above mentivned types of reimbursement plans wiio are required to have their personal car available for City business. S�uch parking will be provided only for the days the employee is required to I1ave his or her own personal car available. 28.4 Rules and Regulations: The Mayor shall adopt ruies and regulations governing the pro�edures for autoaobile reimbursement, which regulations and ru3.es shall contain the requir�ment that recipzents shall file daily reports iadicating.miles driven and shall f ile monthly affidavits stating the number of days worked and the number of miles driven, and further requir� tY,�r �t►ey �iai��a�n automobile liability insurance in amounts of __._ �ot less than $100,000/$300,000 for persona.l injury, and $25,000 for groperty damage, or liability insurance in amounts not less than $300,OQ0 aingle limit coverage, with the City of Saint Paul namecl as an addit3onal fasur:e�'. Th�se rules and regulations, together with the amendment thereto, ...._ ._ shall be maintained on f ile with the city clerk. - - 33 - ARTICLE XXIX - DURATION AND PLEDGE . 29.1 This Agreement shall become effective as of May 1, 1981, and shall remain in effe�t 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 29.2. However, both parties agree to reopen this Agreement solely for the purpose af negotiating the wage rates for May 1, 1983. 29.2 If either party desires to terminate or modify this AGREEi�1II�1T, effeetive 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, tha.t the AGREEMENT may only bE so terminated or modif ied effective as of the expiration date. 29.3 In consideration of the terms and conditions of employment established by this AGREEMENT and tha recognition that the GRIEVANCE PROCEDURE herein established is the means by which grievances concerning its apglication or interpretation may be peacefully resolved, the parties hereby pledge j that during the term of the AGREEMENT: , � � 29.31 The UNION and the employees will not engage in, instigate, � or condone any concerted action in which emgloyees fail to � report for duty, willfully absent themselves from work, � stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of th�ir duties of- employment. - � 29.32 The EMPLOYER will not engage in, instigate, or condone _ - . ._ . _. - _ , , ,_ an3� 1ociC--ou� of emFloyees_- _ _ - 34 - • , A:RTICLE X�IX - DURATION AND PLEDGE (continued) 29.33 This constitutes a tentative agreement between the parties which wi11 �e recczunended by the City Ne�otiator, but is subject to the approval of the Administration of the City and the City Council and is also subject to ratification by the UNION. AGREED to this 2�th day of August, 1981, and attested to as the full and compZete understanding of the partiss for the period of time herein sgecif iad by the signature of th,� following representative for the EMPLQXER and the UNION. WITNESSES: ' UNITED ASSCCIATION PIPEFITTERS CITY OF SAINT PAUL, LOCAL i1ATI0N NQ. 455 . - ��. � � a R.elat s D tor Business Manager C�v31 Service Cflmmission - 35 � � , , e�� 1:. f _ APPENDIX A The classes of positions recognized by the EMPLOYER as being exclusivelg represented by the UNION are as follows: Pipefitter-Foreman Pipef itter Apprentice Refrigeration, Gas and. Oil Serviceman Mechanical Inspector Senior Mechanical Inspector-Pipef itter and other classes of positions that may be established by the II�LOYER whexe: the duties and responsibilities assigned comes within the jurisdiction of the UNION. - A1 - . � ^�, �� .,,��° , I�PPENDIX 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 I2.2 shall bes ` Effective Effective Effective Effective Effective May 4, 1981 June 15,1981 July 1, 19$1 Ma� 1, 198?� May 1, 1983 Pipefitter . . . . $14.25 $14.25 $14.11 $16.03 ** Refrigeration, Gas & Oi1 Serviceman. $14.25 $14.25 $14.11 $16.03 ** Pipefitter Foreman $15.40 $15.69 $15.55 $I7.47 ** Mechanical Insp. . $15.40 $15.69 $15.55 $I7.47 ** Senior Mechanical Insp.-Pipefitter. $16.17 $16.65 $16.51 $18.43 ** The basic hourly wage rate for temporary and emergency employees ap�.Finted to the following clas� of positions shall be: E�fective Effective Effective Effective Effective pia.y 4, 2981 June 15,1981 July 1, 198I � L, 1982 May 1, 1983 Pipefitter . . . . $14.82 $14.82 � $14.67 $1r;.67 � ** Refrigeration, Gas & Oil Serviceman. $14.82 $14.82 $14.67 $16.67 �* Pipzf itter Foreman $15.02 $16.32 $16.17 $18.17 ** Mechanical Insp. . $16.02 $16.32 $Ib.17 $18.17 . ** Senior Mechanical Insp.-Pipef itter. $16.82 $17.32 $T7.17 $19.17 ** The basic hourly wage rate for regular ea►ployees appointed to the following class of positions who are receiving the fringe benef its listed in Article 12.2 s�iall be: Effective Effective Effective Effective May 4, I98I June 15,1981 t4ay 1, 1982 May 1, 19$3 Pipefitter . . . . $14.74 $14.7iE * ** Pipef itter Fore�an $15.74 $15.99 * ** rlechanical Insp, . $15.65 $15.90 * ** Senior Mechanical Insp.-Pipef itter. $16.32 $16.73 * ** - Cl - . �� . APPENDIX C (continued) *The May 1, 1982, hourly wage rates in this contract will be the rates as shoGm below less the cost of sick leave usage for I98I and less the cost of pensions, health and life insurance and vacation for 1982 incurred by the �mployer for employees in this bargaining unit. Fipefitter. . . . . . . . . . . . . . . $19.98 � Pipefitter Foreman. . . . . . . . . . . $2I.48 Mechanical Inspector. . . . . . . . . . . $21.48 Senior Mechanical Inspector-Pipef itter. $22.48 **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 ad3ust 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 - APPENDIX D Effective May 4, 1981, the EMPLOYER shall: (1) contribute $2.00 per hour from which payroll deductions have been made for all hours worked by participating emplayees as defined in Articles 12.3, 12.4 and 12.5 of this AGREIIriENT, to a Union designa.ted Credit Union. (2) contribute $ .58 per hour for all hours worked by participating employees as def ined in Articles 12.3, 12.4 and I2.5 af this AGREEMENT, to a Health and WeZfare Fund. Effective July i, 198I this contribution shall become .73 $er hour. (3) eontribute $ .63 per hour for all hours worked by participating employees as def ined in Articles 12.3, 12.4 and I2.5 of this AGREEMENT to the Pension Fund. (4) contribute $ .07 per hour for all hours worked by particigating employees as def ined in Articles 12.3, 12.4 and I2.5 of this AGREEMENT, to the Journeymsn and Apprentfceshi�Training Eund. (5) contribute $ .03 per hour for all hours worked by participatiag employees as def�ined in Articles 12.3, 12.4 $nd I2.5 of this AGREEME�TT to the General Benefit Fund. Effective Map I, I983, this contribution shall become $ .04 per hour. All coatributions made in accordance with this Appendix shall be forwarded to the Twin City Pipe Traders Service Association. The F.MPLOYER shall establish Worl�an's Compensation and Unemployment Compensa— tion programs as required by Minnesota Statutes. _ D1 APPENDIX D (continued) 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 AGREEMINT. The actual level of benef its provided to employees shall be the responsibility of the Trustees of the various funds to which the EMPLOYER has forwarded contributions and/or deductions. b: - D2 - - . ��s� APPENDIX E WORKING CONDITIONS FOR SENIOR MECHANICAL INSPECTORS, MECHANICAL INSPECTORS, REFRIGERATION INSPECTORS AND GAS BURNER INSPECTORS As a result of the 1974 set�lement, the Parties have established craf t- determined rates for Senior Mechanical Inspectors, Mechanical Inspectors, Refrigeration Inspectors and Gas Burner Inspectors, with specific under- standing that such agreement is restricted to establishing rates of pay for such classif ications. It is, consequently, agreed that the F�NIPLOYER in applying Article 3 - • IIKPLOYER RIGHTS - of the MAINTENANCE LABOR AGREEMENT, shall have the right to operate the Depar tinent in the same manner as heretofore, with mana.gement rights unaffected, and that the establishment of separate rates for these classif ications as well as for Tnspeetor classifications. in other Bargaining Units, may not result in disputes over assignments or over rates of pay for work performed, nor will any jurisdictianal claims or restrictions be asserted by the ITNION because m�nbers of various Inspector classifications are assigned to work which is also performed by other Inspector classif ications. El -