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00-719ORIG�NA� Presented by_ Referred To Committee Date RESOLUTION CIT,1( OF SAINT PAUL, MINNESOTA Council File # Oo � ril� Green Sheet # 10352 � RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 July 1, 2000 through June 30, 2003 Maintenance Labor Agreement between the City of Saint Paul and Internaxional Union of Elevator Constructors Local 9. Requested by Department of: Office of Labor Relafions By: Form Appr ved by City orney n By: �� V/ Adopted by Council: Date ��\S_ � f� Oz� � , Adoption Certified by Council Secretary B y' �, � � Approved by Mayor: Date � �UJ �� B c��L �/�'I�� Approved M r for Submission to Council By: DEPAR'IMENT/OFF[CE/COUNCIL: DATE IIVITIATED GREEN SHEET No.: 10352 . LABOR RELATIONS July 25, 2000 00 � Z �q CONTAGT PERSON & PHONE: q QtmaunA'l's INtTipi,inpTE JLTLIE KRAUS 266-6513 ASSIGN 1 DEPARTAgNP DIR. 4 CIT:'CAUNCIi, 1VlJMBER 2 CI?Y ATl'ORNEY ^,IT? CLERK MUSf BE ON COUIVCII, AGENDA BY (DATE) FOR BUDGET DIR. rIN. dc MGT. SERVICE DIR RGUTING 3 MAYOR (OR ASST.) ORDER ' TOTAL # OF SIGNATURE PAGES_1 (CLIP ALL LOCATIONS FOR SIGNATORE) acrioN nEQUesren: This resolution approves the attached 7uly i, through June 30, 2003 Maintenance Labor ' Agreement befween the City of Saint Paul and International Union of Elevator Constructors, Local 9. RECOMIvv1�NDAIIONS: Approve (A) or Reject (R) PERSONAI. SERVICE C�N'SRACfS MQJST ANSWER THE FOLLOWING QUESTIONS: � _PLANNING COhiIvIISSION _C[VII. SERVICE COMMISSION 1. Haz thu persodfum ever worked mder a conhact for this depaztment? _CIB COM[vfITCEE Yes No STAFF 2. Haz this person/fum ever7�a a city employes? DISIRICT COUAT Yes No , SUPPORTS W}➢CH COUNCIL OBJECITVE? 3. Does this person/fiIm possess a skill aot noanatiy possessed by a�y current city employee7 Yes No Ezplain all yes answers on separate s6eet and attach ro green sheei INITIAI'ING PROBLEM, ISSUE, OPPOR177NTTY (Who, What, When, Wherq Why): ; Existing collective bargaining agreement ea�pired June 30, 2000 and a successor agreement needed to be negotiated. Tentazive agreement has been reached and ratified by the union. , ADVANTAGBSIFAPPROVED� � Implementation of agreement can proceed. DISADVANTAGESIFAPPROVED: DISADVANTAGES TF NOT APPROVED: Additional negotiations, delayed implementation. ' TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED: , FUNDINGSOURCE: ACCIVITYN[JhffiER: FINANCIAL INFORMATION: (EXPLAI� .�� ..�. i .��(��. 8O -'11g ATTACIIlI�NT TO THE GREEN SHEET COLLECTIVE BARGAINING AGREEMENT WITH THE INTERNATIO1�iAL UIVION OF ELEVATOR CONSTRUCTORS Below is a sutmnary of the changes in the Collective Bazgaiuing Agreement between the City of Saint Paul and the International Union of Elevator Constructors. Duration• July 1, 2000 through June 30, 2003. Wa�es: The City agreed to the prevailing wage rate. LanQUa2e• Changes to the language were basically of a housekeeping nature far clarification and clean up. � � �� : , _ � � �� "_� �.= bp-=-'t�`t- . . � _ JIJI.Y 1; 2000 THRQUGH JUNE 30, 2003 -_ -� - _ � _ " MAINTENANC� LABOR AGREEMENT _ - _ : _ _ . � � _ - = between -" � ,. �= " _ � - � TH� CIT�' OF Sf4INT PAUI; - - � � ' aiid ' , , ' Il�'FERNATiONAL Ul�IQ�T OF ELEyATOR COl�FSTRi7CTOR�, - � _ _��#)CAI. �� ti �._ � _., __ �� : � � � _ � - c � �� ARTICLE TITLE PAGE Preamble ................................................. ii 1 Purpose ....................................................1 2 Recognition ................................................1 3 Employer 12ights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights ...............................................2 5 Scope ofAgreement ..........................................2 6 Probationary Periods .........................................2 7 Hoursof Work ..............................................3 8 Overtime ..................................................4 9 Call In/Call Back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 10 Work Location ..............................................5 11 Wages .....................................................5 12 Holidays ...................................................5 13 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 • 14 AbsencesFrom Work .:::::::::::::::::::::::::::::::::::::..7 15 Seniority............ ..7 16 Jurisdiction .................................................8 17 Separation .................................................8 18 Tools .....................................................9 19 Grievance Procedure .........................................4 20 Rightof Subcontract ........................................12 21 Nondiscrimination ........................ . ........... ... ... 12 22 Severability ...............................................12 23 Waiver ...................................................12 24 City Mileage ...............................................13 25 Duration and Pledge .........................................14 Appendix A .......................................A1 AppendiY B .......................................B1 Appendix C .......................................C1 Appendix D .......................................D1 � 00-7/� � PREAMBLE This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the International Union of Elevator Constructors, Loca19, 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 Employer and the Union both realize that this goal depends not only on the words in • the Agreement but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the City, the Union, and the individual employees will best serve the needs of the generai public, • ii ao - �9 �� ARTICLE 1 - PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1(1) Achieve orderly and peaceful relations, thereby establishing a system of unintercupted operations and the highest level of employee performance that is coasisteni with the safety and well-being of all concemed; i.l (2) Set forth rates of pay, hours of work, and other condirions of employment as have been agreed upon by the Employer and the Union; 1.1(3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreemenl without loss of producrivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legisiation, the latter shall prevaii. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 22 (SEVERABILITY). � ARTICLE 2 - RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for collective bazgaining purposes for all personnel having an employment status of regulaz, probaTionary, provisional, and temporary employed in the classes defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-475-A dated April 13, 1973. A,RTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, facilities, and equipment; to establish fiutctions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and deternune the number of personnel; and to perform any inherent managerial function not specifically limited by this Agreement. 3.2 Any "term or condition of employment" not established by this Agreement shall remain with the Empioyer to eliminate, modify, or establish following written notification to the Union. • -1- ARTICLE 4 - UNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction • in writing an amount necessary to cover monthiy Union dues. Such monies deducted shali be remitted as directed by the Union. 4.1(1) The Employer shall not deduct dues from the wages of employees covered by ttris Agreement for any other labor orgazuzation. 4.1(2) The Union shall indemnify and save harmless the Employer from any and all claims or chazges made against the Employer as a result of the implementation of this Article. 4.2 The Union may designate one (1) employee from the bargaining unit to act as a Stewazd and shall inform the Employer in writing of such designarion. Such employee shall have the rights and responsibilities as designated in Article 19 (GRIEVANCE PROCEDURE). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his/her designated representative, shall be permitted to enter the facilities of the Employer where employees covered by this Agreement aze working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employment" defined by M.S. • 179.63, Subd. 18 for all employees exclusively represented by the Union. T'his Agreement shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 AII personnel, originally hired or rehired following separation, in a regular employment status shail serve a six (6) month probationary period during wlrich time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.1(1) At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the pmvisions of Article 19 (GRIEVANCE PROCEDURE). 6.1(2) An employee terminated during the pmbationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. �2 • �-�t t ARTICLE 6 - PROBATIONARY PERIODS (Continued) • 6.2 All personnel promoted to a higher class shali serve a six (6) month promotional probationary period during which time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.2(1) At any time during the promotional probationary period an employee may be demoted to the employee's previously held class at the discretion of the Employer without appeal to the provisions of Article 19 (GRIEVANCE PROCEDURE). 6.2(2) An employee demoted during the promotional probationary period shall be retumed to the employee's previously held class and shail receive a cvritten notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7- HOURS OF WORK 7.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirry (30) minute lunch period, between 7:00 a.m. and 7:00 p.m. 7.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. • '7.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into nego6ations immediately to establish the conditions of such shifts and/or work weeks. 7.4 This section shall not be construed as, and is not a guazantee of, any hours of work per normal work day or per normal work week. 7.5 All employees shail be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless othenvise directed by their supervisor. 7.6 All employees are subject to cail in or call back by the Employer as provided by Article 9 (CALL IN/CALL BACK). 7.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. • -3- ARTICLE 8 - OVERTIME 8.1 All overtime compensated for by the Employer must receive prior authorization from a • designated Employer 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. 8.2 The overtime rate of one and one-half (1.5} the basic hourly rate shall be paid for work performed under the following circumstances: 8.2(1) Time worked in excess of eight (8) hours in any one normat work day and 8.2(2) Time worked on a sixth (6th) day following a normal work week. 83 The overtime rate of two (2) times the basic hourly rate shali be paid for work performed under the following circumstances: 8.3(i) Time worked on a holiday as defined in Articie 12 (HOLIDAYS); 83(2) Time worked on a seventh (7th) day following a normal work week; and 83(3) Time worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour period, provided, that ail "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (1.5). 8.4 For the purposes of calculating over[ime compensation, overtime hours worked shali not • be "pyramided," or compounded. Empioyees shall not be paid twice for the same hours worked. 8.5 Overtime hours worked as provided by this Article shatl be paid in cash or compensatory time at the option of the Employer. ARTICLE 9- CALL IN/CALL BACK 9.1 The Employer retains the right to call in or call back employees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normai work week. 9.2 Employees called in or called back shall receive a minimum of four (4) hours straight time pay at the basic hourly rate or shall be compensated in accordance with Article 8 (OVERTIME), when applicable, whichever is greater. 9.2(1) Notwithstanding Article 9.2, employees called in four (4) hours or less prior to their normal work day shall complete the normat work day and be compensated only for overtime hours worked in accordance with Article 8(OVERTIME). -4- . c�o—�� ARTICLE 10 - WORK LOCATION • 10.1 Employees shall report to work location as assigned by a designated Employer supervisor. D »rinv the normai work day employees may be assigned to other work locations at the discretion of the Employer. ARTICLE 11- WAGES AND FRINGE BENEFITS 11.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 11.2 Temporary employees shall be compensated in accordance with Paragraph A and B of Appendix C. 113 All regulaz and provisional empioyees shall be compensated in accordance with Paragraph C of Appendix C. 11.4 The Employer shall make contributions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix D. • ARTICLE 12 - HOLIDAYS 12.1 The following ten (10) days shall be designated as holidays: New Yeaz's Day, January 1 Martin Luther King Day, third Monday in January Presidents' Day, third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Day after Thanksgiving, fourth Friday in November Christmas Day, December 25 • �� ARTICLE I2 - HOLIDAYS (Confinued) 12.2 Of the ten (10) designated holidays in 12.1 above, the following holidays aze designated as paid holidays: New Yeaz's Day, January 1 Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Thanksgiving Day, fourth Thursday in November Day after Thanksgiving, fourth Friday in November Christmas Day, December 25 123 When New Yeaz's Day, Independence Day or Ciuistmas Day falls on a Sunday, the foliowing Monday shall be considered tke designated holiday. VJhen any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 12.4 The ten (10) holidays listed in 12.1 above shall be considered non-work days. � 12.5 If, in the judgment of the Employer, personnel aze necessary, employees may be scheduled, "cailed in" or "called back" in accordance with Article 9(CALL IN/CALL BACK}. . 12.6 Employees assigned to work on Martin Luther King Day, Presidents' Day, or Veterans' Day shall be compensated on a straight time basis for such hours worked. 12.7 Employees assigned to work on New Yeaz's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. 12.8 Temporary employees aze not eligible for paid holidays. ARTICLE 13 - DISCIPLINARY PROCEDURES 13.1 The Employer shall have the right to impose disciplinary actions on employees for just cause. _6_ • oo-�lg • ARTICLE 13 - DISCIPLINARY PROCEDURES (Continued) 13.2 Disciplinary actions by the Employer shall include only the following actions: 13.2(1) Oral reprimand 13.2(2) Written reprimand 13.2(3) Suspension 13.2(4) Demotion 13.2(5) Dischazge ARTICLE 14 - ABSENCES FROM WORK 14.1 Employees who are unable to report for theu 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. 14.2 Failure to make such notification may be grounds for discipline as provided in Article 13 (DISCIPLINARY PROCEDURES). 143 Failure to report for work without notification for three (3) consecutive normal work days may be considered by the Employer to be a"quit" on the part of the employee. S ARTICLE 15 - SENIORITY 15.1 Seniority, for the purposes of this Agreement, shall be defined as follows: 15.1(1) "Master Seniority" - the length of continuous regular and probationary service with the Employer from the last date of employment in any and a11 class titles covered by this Agreement. 15.1(2) "Class Seniority" - the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a class title covered by this Agreement. 15.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than tlurty (30) calendar days; is granted because of illness or injury; is granted to allow an empioyee to accept an appoiniment to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 153 Seniority shall temunate when an employee retires, resigns, or is discharged. � -�- ARTICLE 15 - SE?vIORITY (Continued) 15.4 In the event it is determined by the Employer that it is necessary to reduce the work force, employees will be laid off by class tide within each department based on inverse Iength of "Class Seniority." Employees laid off shall have the right to reinstatement in their Department to any previously held lower-paid class tifle in this bargaining unit, provided the employee has greater "Class Seniority" than the employee being displaced. 15.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority," subject to the appmval of the Employer. ARTICLE 16 - JURISDICTION 16.1 Disputes concerning work jurisdiction between and among unions are recognized as appropriate subjects for determination by the various unions representing employees of the Employer. 16.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. � 163 In the event of a dispute conceming the performance or assignment of work, the unions invoived and the Employer shall meet as soon as mutuatly possible to resolve the dispute. � Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 16.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 16.2 and 163 above shall be subject to disciplinary action as provided in Article 13 (DISCIPLINARY PROCEDURES). 16.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment ARTICLE 17 - SEPARATION 17.1 Employees having a probationazy or regulaz employment status shall be considered sepazated from employment based on the following actions: 17.1(1) Resignation. Employees resigning from employment shall give written notice fourteen (14} calendar days prior to the effective date of the resignation. -8- • cb-� t 9 ARTICLE 17 - SEPARATION (Continued) � 17.1(2) Discharge. As provided in Article 13. 17.1(3) Railure to Report for Buty. As provided in Article 14. 17.2 Employees having a temporary or provisional employment status may be terminated at the discretion of the Employer before the completion of a normal work day. ARTICLE 18 - TOOLS 18.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. ARTICLE 19 - GRIEVANCE PROCEDURE 19.1 The Bmployer shall recognize the stewazd selected in accordance with Union rules and regulations as the grievance representative of the bazgaining unit. The Union shall notify the Employer in writing of the name of the steward and of his(her successor when so named. • 19.2 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 shali therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving empioyee shall suffer no loss in pay when a grievance is processed during working hours, provided the stewazd and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimentai to the work programs of the Employer. 193 The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, which aze defined as an alleged violation of the terms and conditions of this Agreement. • -9- ARTICLE 19 - GRIEVANCE PROCEDURE (Continued) 19A Crrievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of flus Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and refeaed 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 Ageement not reduced to writing by the Union within seven (7) calendar days of the fust occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. � Step 2. Within seven (7) calendar days after receiving the written grievance, a designated Employer supervisor shall meet with the Union Stewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EmpIoyer shall reply in writing to the Union within seven (7) catendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) catendar days � following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven ('� calendar days following receipt of the Employer's answer shall be considered waived. Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Emptoyer supervisor shalt meet with tiie Union Business Manager or his/her designated representative and attempt to resolve the grievance. Within seven (7) catendar days following this meeting the Employer shall reply in writing to the Union stating the Empioyer's answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. -10- S oo- 719 • ARTICLE 19 - GRIEVANCE PROCEDURE (Continued) Step 4. If the grievance remains unresolved, within seven ("n calendar days after the response of the Employer in Step 3, the Union may, by w�ritten norice 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 Empioyer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an azbitrator within the said seven (7) day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) azbitrators. Both the Employer and the Union shall have ffie right to strike two (2) names from the panel. The Union shall strike the first (1 st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the azbitrator. 19.5 The azbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The azbitrator shail be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The azbitrator's decision shall be submitted in writing within thirty (30) days a following close of the hearing or the submission of briefs by the parties, whichever be later, uziless the parties agree to an extension. The decision sha11 be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union and the employees. 19.6 The fees and expenses for the azbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each pariy shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 19.7 The time limits in each step of this procedure may be e�ended by mutual agreement of the Empioyer and the Union. • -11- ARTICLE 20 - RIGHT OF SUBCONTRACT 20.1 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 Employer shall give the Union a ninety (90) calendar day notice of the intention to subcontract. 20.2 The subcontractiag of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 21- NONDISCRIMINATION 21.1 The terms and conditions of this Agreemeat wi21 be applied to employees equaliy without regazd to, or discriminatian for or against, any individual because of race, color, creed, sex, age, disability, or because of inembership or nonmembership in the Union. 21.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 22 - SEVERABILITY � 22.1 In the event that any provision of this Agreement is dectazed to be contrary to law by � proper legislative, administrative, ar judicial authority from whose finding, determination, or decree no appeaI is taken, such provision(s) shall be voided. All other provisions shall continue ia full force and effect 22.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative, or judicial determination. ARTICLE 23 - WAIVER 23.1 The Employer and the Union aclaiowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opporiunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right aze fully and completely set forth in this Agreement. -12- � cs�-��`I . ARTICLE 23 - WAIVER (Continued) 23.2 Therefore, the Employer and the Union, for the duration of this Agreement, agree that the other parry shall not be obligated to meet and negotiate over any term or condition of employment whether specifically covered or not specifically covered by tius Agreement. The Union and Empioyer may, however, mutually agree to modify any provision of this Agreement. 233 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regazding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, aze hereby superseded. ARTICLE 24 - CITY MILEAGE 24.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to rennbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions aze adopted. 24.2 Method of Computation: Ta be eligible for such reunbursement, 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 shali be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. In addition, the employee shall be reimbursed $.20 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 desired to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile for each mile driven and shall not be eligible for any per diem. Type 2. If an employee is required to use his/her own automobile REGULARLY during empioyment, the employee shail be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 per mile for each mile actuaily driven. • -13- ARTICLE 24 - CITY MILEAGE (Continued) If such employee is required Yo 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 shali be reunbursed at the rate of $.20 per mile driven and shail not be eligible for aay per diem. This Article 24.2 shall become effective on the first day of the first month following the daxe of the signing of this Agreement. 243 The City will grovide pazking at the Civic Centet Parlang Ramp for City emgloyees who aze required to have their personal car available for City business. Such pazking will be provided only for the days the employee is required to have his or her own personal car available. 24.4 Rules and Regatations: The Mayor shall adopt nzles and regulations goveming the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and fiu�ther require that they maintain automobile liability insurance in amounts of not Iess than $100,000/$300,000 for personal injury, and $25,000 for pmperty damage, or liability insurance in amounts not less than $300,000 singie limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with • the amendment thereto, shall be maintained on file with the City Clerk. ARTICLE 25 - DURATION AND PLEDGE 25.1 This Agreement shall become effective as of the date of signing, except as specifically provided otherwise and shall remain in effect through June of 2003, and continue in effect from year to yeaz thereafter unless notice to change or to terminate is given in the manner provided in Article 25.2. 25.2 If either party desires to terminate or modify this Agreement, effective as of the date of expiration, the parry 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 expirarion date, provided, that the Agreement may only be so terminated or modified effective as of the expiration date. 253 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances conceming its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: • -14- Gl�-7 1 `L ARTICLE 25 - DURATION AND PLEDGE (Continued) • 25.3(1) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, wilTfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful perforxnance of their duries of employment 25.3(2) 253(3) � The Employer will not engage in, instigate, or condone any lock-out of employees. This constitutes a tentative agreement between the parties which will be recommended by the Director of Labor Relations, but is subject to the approvai of the Admuustration of the City, the City Council and is also subject to ratification by the Union. Agreed to this 2� day of July, 2000 and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representative for the Employer and the Union. WITI�ESSBS: C� 1 � I I`L � 3 9[.Y.� 1� i� J.� i 7� 1 • � atherine Megarry � Airector of Labor Relati s / • INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS LOCAL NO. 9 �� Bernie Carey Business Manager -15- oo-�r� ► �� ► ._ The classes recognized by the Employer as being exclusively Represented by the Union aze as • follows: ElevatorInspector and other classes that may be established by the Employer where the duties and responsibilities assigned aze detemiined by the Bureau of Mediation Services to be appropriately represented by ttus bargaining unit. • • �fe oa i� ., �� . . Al1 necessary hand tools. • • • � oo-� � `l � • • APPENDIX C A. The basic hourly wage for temporary employees (not subject to PERA) appointed to the following class shall be: ElevatorInspector 1 st Step 2nd Step Effective 7/i/2000 $29.85* $33.58* Effective 7/1/2001 (or closes[ pay period) $30.81 * $34.66* Effective 7/1/2002 (or closest pay period) * This rate includes an 8% taxabie outside Vacation Contribution. $31.77* $35.74* B. The basic hourly wage for temporary employees working in the following class whose length of employment and earnings require that they be subject to Public Employees Retirement Association (PERA) contributions shall be: ElevatorInspector 1 st Step 2nd Step Effective 7/1/2000 �2838* $31.92* Effective 7/1/2001 (or cbsest pay period) $29.29* $32.95* Effective 7/1/2002 (or closest pay period) * This rate includes an 8% taxable outside Vacation Contribution. $30.21 * $33.98* C. The basic hourly rate for provisional, regular and probationary employees appointed to the following ciass shall be: ElevatorInspector 1 st Step 2nd Step Effective 7/1/2000 $ZS.88k# $29.11** Effective 7/1/2001 (or closest pay period) $26.71 * * $30.05** Effective 7/1/2002 (or closest pay period) $27.55** $30.98** ** This rate includes an 8%ta�cable outside Vaca6on Contdburion in addition to 24 hours of paid holidays (see Article 12.2 for further information) and 160 hours of paid City vacation per fiscai year. Vacation carry over shall be paid in accordance with Section I H of the Saint Paul Salary Plan and Rates of Compensarion. Vacation must be approved by the Head of the Department. -Cl - �� ' APPENDIX C (Continued) The Employer shall establish VJorkers' Compensation and Unemployment Compensation • programs as required by Minnesota Statutes. The wage rate for the title of Elevator Inspector shall consist of two steps. The first step shail be the entry level step. The second step shall be paid to those who successfully perform for at least 1040 hours at the enhy level. If the Union elects to have the contributions listed in Appendis D increased or decreased, the Employer may adjust the above applicable rates for participating employees in such a way that the total cost of the package (wage rate pius contributions) remains constant. Effective July 1, 2001 (or closest pay period), there will be an additional $1.15 per hour inczease added to the Mechanic total package. The parties will agree prior to that date regazding the dishibution of the $1.15 between wages and fringes. This amount will be decreased by any increase to the Industry Fund. Effective July 1, 2002 (or closest pay period), there will be an additional $1.15 per hour increase added to the Mechanic total package. The parties will agree prior to that date regazding the distribution of the $1.15 between wages and fringes. This amount will be decreased by any increase to the Industry Fund. The current Public Employees Retirement Association (PERA) contribution rate is 5.18%. This � rate is subject to change by the State of Minnesota. r � L -C2- cx�—�t q APPENDIX D Effective July 1, 2000 (or closest payroll period), the Employer shall: • (1) conhibute to a Welfare Fund $4325 per hour for all hours worked by participating employees as defined in this Agreement. This contdbution shali increase to $4.425 per hour effective 7/1/2001 (or closest pay period) and $4.525 per hour effective 7/1/2002 (or closest pay period). (2) contribute to a Pension Fund $2.46 per hour for all hours worked by participating employees, as defined above. This contribution shall increase to $2.61 per hour effective 7/1/2001 (or closest pay period) and $2.76 per hour effective 7/1/2002 (or closest pay period) (3) contribute to the Educational Fund $.15 per hour for all hours worked by participating employees, as defined above. This contribution shail increase to $.16 per hour effective 7/1(2Q01 (or closest pay period) and to $.17 per hour effective 7(1/2002 (or closest pay period). (4) deduct $.OS per hour for all hours paid to a Union designated Indushy Benefit Plan. The Employer will not make the contributions in 1-3 above for Holidays or vacation. The above contributions may be increased ar decreased as long as the applicable hourly rates in � Appendix C for participating empioyees aze decreased or increased by the same total amount. All contributions and deductions made in accordance with this Appendix shall be forwarded to depositories as directed by the Union. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. The Employer's fringe benefit obligation to employees is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwazded contributions andlor deductions. u - Dl - ORIG�NA� Presented by_ Referred To Committee Date RESOLUTION CIT,1( OF SAINT PAUL, MINNESOTA Council File # Oo � ril� Green Sheet # 10352 � RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 July 1, 2000 through June 30, 2003 Maintenance Labor Agreement between the City of Saint Paul and Internaxional Union of Elevator Constructors Local 9. Requested by Department of: Office of Labor Relafions By: Form Appr ved by City orney n By: �� V/ Adopted by Council: Date ��\S_ � f� Oz� � , Adoption Certified by Council Secretary B y' �, � � Approved by Mayor: Date � �UJ �� B c��L �/�'I�� Approved M r for Submission to Council By: DEPAR'IMENT/OFF[CE/COUNCIL: DATE IIVITIATED GREEN SHEET No.: 10352 . LABOR RELATIONS July 25, 2000 00 � Z �q CONTAGT PERSON & PHONE: q QtmaunA'l's INtTipi,inpTE JLTLIE KRAUS 266-6513 ASSIGN 1 DEPARTAgNP DIR. 4 CIT:'CAUNCIi, 1VlJMBER 2 CI?Y ATl'ORNEY ^,IT? CLERK MUSf BE ON COUIVCII, AGENDA BY (DATE) FOR BUDGET DIR. rIN. dc MGT. SERVICE DIR RGUTING 3 MAYOR (OR ASST.) ORDER ' TOTAL # OF SIGNATURE PAGES_1 (CLIP ALL LOCATIONS FOR SIGNATORE) acrioN nEQUesren: This resolution approves the attached 7uly i, through June 30, 2003 Maintenance Labor ' Agreement befween the City of Saint Paul and International Union of Elevator Constructors, Local 9. RECOMIvv1�NDAIIONS: Approve (A) or Reject (R) PERSONAI. SERVICE C�N'SRACfS MQJST ANSWER THE FOLLOWING QUESTIONS: � _PLANNING COhiIvIISSION _C[VII. SERVICE COMMISSION 1. Haz thu persodfum ever worked mder a conhact for this depaztment? _CIB COM[vfITCEE Yes No STAFF 2. Haz this person/fum ever7�a a city employes? DISIRICT COUAT Yes No , SUPPORTS W}➢CH COUNCIL OBJECITVE? 3. Does this person/fiIm possess a skill aot noanatiy possessed by a�y current city employee7 Yes No Ezplain all yes answers on separate s6eet and attach ro green sheei INITIAI'ING PROBLEM, ISSUE, OPPOR177NTTY (Who, What, When, Wherq Why): ; Existing collective bargaining agreement ea�pired June 30, 2000 and a successor agreement needed to be negotiated. Tentazive agreement has been reached and ratified by the union. , ADVANTAGBSIFAPPROVED� � Implementation of agreement can proceed. DISADVANTAGESIFAPPROVED: DISADVANTAGES TF NOT APPROVED: Additional negotiations, delayed implementation. ' TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED: , FUNDINGSOURCE: ACCIVITYN[JhffiER: FINANCIAL INFORMATION: (EXPLAI� .�� ..�. i .��(��. 8O -'11g ATTACIIlI�NT TO THE GREEN SHEET COLLECTIVE BARGAINING AGREEMENT WITH THE INTERNATIO1�iAL UIVION OF ELEVATOR CONSTRUCTORS Below is a sutmnary of the changes in the Collective Bazgaiuing Agreement between the City of Saint Paul and the International Union of Elevator Constructors. Duration• July 1, 2000 through June 30, 2003. Wa�es: The City agreed to the prevailing wage rate. LanQUa2e• Changes to the language were basically of a housekeeping nature far clarification and clean up. � � �� : , _ � � �� "_� �.= bp-=-'t�`t- . . � _ JIJI.Y 1; 2000 THRQUGH JUNE 30, 2003 -_ -� - _ � _ " MAINTENANC� LABOR AGREEMENT _ - _ : _ _ . � � _ - = between -" � ,. �= " _ � - � TH� CIT�' OF Sf4INT PAUI; - - � � ' aiid ' , , ' Il�'FERNATiONAL Ul�IQ�T OF ELEyATOR COl�FSTRi7CTOR�, - � _ _��#)CAI. �� ti �._ � _., __ �� : � � � _ � - c � �� ARTICLE TITLE PAGE Preamble ................................................. ii 1 Purpose ....................................................1 2 Recognition ................................................1 3 Employer 12ights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights ...............................................2 5 Scope ofAgreement ..........................................2 6 Probationary Periods .........................................2 7 Hoursof Work ..............................................3 8 Overtime ..................................................4 9 Call In/Call Back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 10 Work Location ..............................................5 11 Wages .....................................................5 12 Holidays ...................................................5 13 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 • 14 AbsencesFrom Work .:::::::::::::::::::::::::::::::::::::..7 15 Seniority............ ..7 16 Jurisdiction .................................................8 17 Separation .................................................8 18 Tools .....................................................9 19 Grievance Procedure .........................................4 20 Rightof Subcontract ........................................12 21 Nondiscrimination ........................ . ........... ... ... 12 22 Severability ...............................................12 23 Waiver ...................................................12 24 City Mileage ...............................................13 25 Duration and Pledge .........................................14 Appendix A .......................................A1 AppendiY B .......................................B1 Appendix C .......................................C1 Appendix D .......................................D1 � 00-7/� � PREAMBLE This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the International Union of Elevator Constructors, Loca19, 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 Employer and the Union both realize that this goal depends not only on the words in • the Agreement but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the City, the Union, and the individual employees will best serve the needs of the generai public, • ii ao - �9 �� ARTICLE 1 - PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1(1) Achieve orderly and peaceful relations, thereby establishing a system of unintercupted operations and the highest level of employee performance that is coasisteni with the safety and well-being of all concemed; i.l (2) Set forth rates of pay, hours of work, and other condirions of employment as have been agreed upon by the Employer and the Union; 1.1(3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreemenl without loss of producrivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legisiation, the latter shall prevaii. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 22 (SEVERABILITY). � ARTICLE 2 - RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for collective bazgaining purposes for all personnel having an employment status of regulaz, probaTionary, provisional, and temporary employed in the classes defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-475-A dated April 13, 1973. A,RTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, facilities, and equipment; to establish fiutctions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and deternune the number of personnel; and to perform any inherent managerial function not specifically limited by this Agreement. 3.2 Any "term or condition of employment" not established by this Agreement shall remain with the Empioyer to eliminate, modify, or establish following written notification to the Union. • -1- ARTICLE 4 - UNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction • in writing an amount necessary to cover monthiy Union dues. Such monies deducted shali be remitted as directed by the Union. 4.1(1) The Employer shall not deduct dues from the wages of employees covered by ttris Agreement for any other labor orgazuzation. 4.1(2) The Union shall indemnify and save harmless the Employer from any and all claims or chazges made against the Employer as a result of the implementation of this Article. 4.2 The Union may designate one (1) employee from the bargaining unit to act as a Stewazd and shall inform the Employer in writing of such designarion. Such employee shall have the rights and responsibilities as designated in Article 19 (GRIEVANCE PROCEDURE). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his/her designated representative, shall be permitted to enter the facilities of the Employer where employees covered by this Agreement aze working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employment" defined by M.S. • 179.63, Subd. 18 for all employees exclusively represented by the Union. T'his Agreement shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 AII personnel, originally hired or rehired following separation, in a regular employment status shail serve a six (6) month probationary period during wlrich time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.1(1) At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the pmvisions of Article 19 (GRIEVANCE PROCEDURE). 6.1(2) An employee terminated during the pmbationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. �2 • �-�t t ARTICLE 6 - PROBATIONARY PERIODS (Continued) • 6.2 All personnel promoted to a higher class shali serve a six (6) month promotional probationary period during which time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.2(1) At any time during the promotional probationary period an employee may be demoted to the employee's previously held class at the discretion of the Employer without appeal to the provisions of Article 19 (GRIEVANCE PROCEDURE). 6.2(2) An employee demoted during the promotional probationary period shall be retumed to the employee's previously held class and shail receive a cvritten notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7- HOURS OF WORK 7.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirry (30) minute lunch period, between 7:00 a.m. and 7:00 p.m. 7.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. • '7.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into nego6ations immediately to establish the conditions of such shifts and/or work weeks. 7.4 This section shall not be construed as, and is not a guazantee of, any hours of work per normal work day or per normal work week. 7.5 All employees shail be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless othenvise directed by their supervisor. 7.6 All employees are subject to cail in or call back by the Employer as provided by Article 9 (CALL IN/CALL BACK). 7.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. • -3- ARTICLE 8 - OVERTIME 8.1 All overtime compensated for by the Employer must receive prior authorization from a • designated Employer 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. 8.2 The overtime rate of one and one-half (1.5} the basic hourly rate shall be paid for work performed under the following circumstances: 8.2(1) Time worked in excess of eight (8) hours in any one normat work day and 8.2(2) Time worked on a sixth (6th) day following a normal work week. 83 The overtime rate of two (2) times the basic hourly rate shali be paid for work performed under the following circumstances: 8.3(i) Time worked on a holiday as defined in Articie 12 (HOLIDAYS); 83(2) Time worked on a seventh (7th) day following a normal work week; and 83(3) Time worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour period, provided, that ail "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (1.5). 8.4 For the purposes of calculating over[ime compensation, overtime hours worked shali not • be "pyramided," or compounded. Empioyees shall not be paid twice for the same hours worked. 8.5 Overtime hours worked as provided by this Article shatl be paid in cash or compensatory time at the option of the Employer. ARTICLE 9- CALL IN/CALL BACK 9.1 The Employer retains the right to call in or call back employees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normai work week. 9.2 Employees called in or called back shall receive a minimum of four (4) hours straight time pay at the basic hourly rate or shall be compensated in accordance with Article 8 (OVERTIME), when applicable, whichever is greater. 9.2(1) Notwithstanding Article 9.2, employees called in four (4) hours or less prior to their normal work day shall complete the normat work day and be compensated only for overtime hours worked in accordance with Article 8(OVERTIME). -4- . c�o—�� ARTICLE 10 - WORK LOCATION • 10.1 Employees shall report to work location as assigned by a designated Employer supervisor. D »rinv the normai work day employees may be assigned to other work locations at the discretion of the Employer. ARTICLE 11- WAGES AND FRINGE BENEFITS 11.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 11.2 Temporary employees shall be compensated in accordance with Paragraph A and B of Appendix C. 113 All regulaz and provisional empioyees shall be compensated in accordance with Paragraph C of Appendix C. 11.4 The Employer shall make contributions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix D. • ARTICLE 12 - HOLIDAYS 12.1 The following ten (10) days shall be designated as holidays: New Yeaz's Day, January 1 Martin Luther King Day, third Monday in January Presidents' Day, third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Day after Thanksgiving, fourth Friday in November Christmas Day, December 25 • �� ARTICLE I2 - HOLIDAYS (Confinued) 12.2 Of the ten (10) designated holidays in 12.1 above, the following holidays aze designated as paid holidays: New Yeaz's Day, January 1 Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Thanksgiving Day, fourth Thursday in November Day after Thanksgiving, fourth Friday in November Christmas Day, December 25 123 When New Yeaz's Day, Independence Day or Ciuistmas Day falls on a Sunday, the foliowing Monday shall be considered tke designated holiday. VJhen any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 12.4 The ten (10) holidays listed in 12.1 above shall be considered non-work days. � 12.5 If, in the judgment of the Employer, personnel aze necessary, employees may be scheduled, "cailed in" or "called back" in accordance with Article 9(CALL IN/CALL BACK}. . 12.6 Employees assigned to work on Martin Luther King Day, Presidents' Day, or Veterans' Day shall be compensated on a straight time basis for such hours worked. 12.7 Employees assigned to work on New Yeaz's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. 12.8 Temporary employees aze not eligible for paid holidays. ARTICLE 13 - DISCIPLINARY PROCEDURES 13.1 The Employer shall have the right to impose disciplinary actions on employees for just cause. _6_ • oo-�lg • ARTICLE 13 - DISCIPLINARY PROCEDURES (Continued) 13.2 Disciplinary actions by the Employer shall include only the following actions: 13.2(1) Oral reprimand 13.2(2) Written reprimand 13.2(3) Suspension 13.2(4) Demotion 13.2(5) Dischazge ARTICLE 14 - ABSENCES FROM WORK 14.1 Employees who are unable to report for theu 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. 14.2 Failure to make such notification may be grounds for discipline as provided in Article 13 (DISCIPLINARY PROCEDURES). 143 Failure to report for work without notification for three (3) consecutive normal work days may be considered by the Employer to be a"quit" on the part of the employee. S ARTICLE 15 - SENIORITY 15.1 Seniority, for the purposes of this Agreement, shall be defined as follows: 15.1(1) "Master Seniority" - the length of continuous regular and probationary service with the Employer from the last date of employment in any and a11 class titles covered by this Agreement. 15.1(2) "Class Seniority" - the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a class title covered by this Agreement. 15.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than tlurty (30) calendar days; is granted because of illness or injury; is granted to allow an empioyee to accept an appoiniment to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 153 Seniority shall temunate when an employee retires, resigns, or is discharged. � -�- ARTICLE 15 - SE?vIORITY (Continued) 15.4 In the event it is determined by the Employer that it is necessary to reduce the work force, employees will be laid off by class tide within each department based on inverse Iength of "Class Seniority." Employees laid off shall have the right to reinstatement in their Department to any previously held lower-paid class tifle in this bargaining unit, provided the employee has greater "Class Seniority" than the employee being displaced. 15.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority," subject to the appmval of the Employer. ARTICLE 16 - JURISDICTION 16.1 Disputes concerning work jurisdiction between and among unions are recognized as appropriate subjects for determination by the various unions representing employees of the Employer. 16.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. � 163 In the event of a dispute conceming the performance or assignment of work, the unions invoived and the Employer shall meet as soon as mutuatly possible to resolve the dispute. � Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 16.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 16.2 and 163 above shall be subject to disciplinary action as provided in Article 13 (DISCIPLINARY PROCEDURES). 16.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment ARTICLE 17 - SEPARATION 17.1 Employees having a probationazy or regulaz employment status shall be considered sepazated from employment based on the following actions: 17.1(1) Resignation. Employees resigning from employment shall give written notice fourteen (14} calendar days prior to the effective date of the resignation. -8- • cb-� t 9 ARTICLE 17 - SEPARATION (Continued) � 17.1(2) Discharge. As provided in Article 13. 17.1(3) Railure to Report for Buty. As provided in Article 14. 17.2 Employees having a temporary or provisional employment status may be terminated at the discretion of the Employer before the completion of a normal work day. ARTICLE 18 - TOOLS 18.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. ARTICLE 19 - GRIEVANCE PROCEDURE 19.1 The Bmployer shall recognize the stewazd selected in accordance with Union rules and regulations as the grievance representative of the bazgaining unit. The Union shall notify the Employer in writing of the name of the steward and of his(her successor when so named. • 19.2 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 shali therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving empioyee shall suffer no loss in pay when a grievance is processed during working hours, provided the stewazd and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimentai to the work programs of the Employer. 193 The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, which aze defined as an alleged violation of the terms and conditions of this Agreement. • -9- ARTICLE 19 - GRIEVANCE PROCEDURE (Continued) 19A Crrievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of flus Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and refeaed 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 Ageement not reduced to writing by the Union within seven (7) calendar days of the fust occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. � Step 2. Within seven (7) calendar days after receiving the written grievance, a designated Employer supervisor shall meet with the Union Stewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EmpIoyer shall reply in writing to the Union within seven (7) catendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) catendar days � following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven ('� calendar days following receipt of the Employer's answer shall be considered waived. Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Emptoyer supervisor shalt meet with tiie Union Business Manager or his/her designated representative and attempt to resolve the grievance. Within seven (7) catendar days following this meeting the Employer shall reply in writing to the Union stating the Empioyer's answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. -10- S oo- 719 • ARTICLE 19 - GRIEVANCE PROCEDURE (Continued) Step 4. If the grievance remains unresolved, within seven ("n calendar days after the response of the Employer in Step 3, the Union may, by w�ritten norice 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 Empioyer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an azbitrator within the said seven (7) day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) azbitrators. Both the Employer and the Union shall have ffie right to strike two (2) names from the panel. The Union shall strike the first (1 st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the azbitrator. 19.5 The azbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The azbitrator shail be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The azbitrator's decision shall be submitted in writing within thirty (30) days a following close of the hearing or the submission of briefs by the parties, whichever be later, uziless the parties agree to an extension. The decision sha11 be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union and the employees. 19.6 The fees and expenses for the azbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each pariy shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 19.7 The time limits in each step of this procedure may be e�ended by mutual agreement of the Empioyer and the Union. • -11- ARTICLE 20 - RIGHT OF SUBCONTRACT 20.1 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 Employer shall give the Union a ninety (90) calendar day notice of the intention to subcontract. 20.2 The subcontractiag of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 21- NONDISCRIMINATION 21.1 The terms and conditions of this Agreemeat wi21 be applied to employees equaliy without regazd to, or discriminatian for or against, any individual because of race, color, creed, sex, age, disability, or because of inembership or nonmembership in the Union. 21.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 22 - SEVERABILITY � 22.1 In the event that any provision of this Agreement is dectazed to be contrary to law by � proper legislative, administrative, ar judicial authority from whose finding, determination, or decree no appeaI is taken, such provision(s) shall be voided. All other provisions shall continue ia full force and effect 22.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative, or judicial determination. ARTICLE 23 - WAIVER 23.1 The Employer and the Union aclaiowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opporiunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right aze fully and completely set forth in this Agreement. -12- � cs�-��`I . ARTICLE 23 - WAIVER (Continued) 23.2 Therefore, the Employer and the Union, for the duration of this Agreement, agree that the other parry shall not be obligated to meet and negotiate over any term or condition of employment whether specifically covered or not specifically covered by tius Agreement. The Union and Empioyer may, however, mutually agree to modify any provision of this Agreement. 233 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regazding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, aze hereby superseded. ARTICLE 24 - CITY MILEAGE 24.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to rennbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions aze adopted. 24.2 Method of Computation: Ta be eligible for such reunbursement, 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 shali be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. In addition, the employee shall be reimbursed $.20 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 desired to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile for each mile driven and shall not be eligible for any per diem. Type 2. If an employee is required to use his/her own automobile REGULARLY during empioyment, the employee shail be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 per mile for each mile actuaily driven. • -13- ARTICLE 24 - CITY MILEAGE (Continued) If such employee is required Yo 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 shali be reunbursed at the rate of $.20 per mile driven and shail not be eligible for aay per diem. This Article 24.2 shall become effective on the first day of the first month following the daxe of the signing of this Agreement. 243 The City will grovide pazking at the Civic Centet Parlang Ramp for City emgloyees who aze required to have their personal car available for City business. Such pazking will be provided only for the days the employee is required to have his or her own personal car available. 24.4 Rules and Regatations: The Mayor shall adopt nzles and regulations goveming the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and fiu�ther require that they maintain automobile liability insurance in amounts of not Iess than $100,000/$300,000 for personal injury, and $25,000 for pmperty damage, or liability insurance in amounts not less than $300,000 singie limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with • the amendment thereto, shall be maintained on file with the City Clerk. ARTICLE 25 - DURATION AND PLEDGE 25.1 This Agreement shall become effective as of the date of signing, except as specifically provided otherwise and shall remain in effect through June of 2003, and continue in effect from year to yeaz thereafter unless notice to change or to terminate is given in the manner provided in Article 25.2. 25.2 If either party desires to terminate or modify this Agreement, effective as of the date of expiration, the parry 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 expirarion date, provided, that the Agreement may only be so terminated or modified effective as of the expiration date. 253 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances conceming its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: • -14- Gl�-7 1 `L ARTICLE 25 - DURATION AND PLEDGE (Continued) • 25.3(1) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, wilTfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful perforxnance of their duries of employment 25.3(2) 253(3) � The Employer will not engage in, instigate, or condone any lock-out of employees. This constitutes a tentative agreement between the parties which will be recommended by the Director of Labor Relations, but is subject to the approvai of the Admuustration of the City, the City Council and is also subject to ratification by the Union. Agreed to this 2� day of July, 2000 and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representative for the Employer and the Union. WITI�ESSBS: C� 1 � I I`L � 3 9[.Y.� 1� i� J.� i 7� 1 • � atherine Megarry � Airector of Labor Relati s / • INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS LOCAL NO. 9 �� Bernie Carey Business Manager -15- oo-�r� ► �� ► ._ The classes recognized by the Employer as being exclusively Represented by the Union aze as • follows: ElevatorInspector and other classes that may be established by the Employer where the duties and responsibilities assigned aze detemiined by the Bureau of Mediation Services to be appropriately represented by ttus bargaining unit. • • �fe oa i� ., �� . . Al1 necessary hand tools. • • • � oo-� � `l � • • APPENDIX C A. The basic hourly wage for temporary employees (not subject to PERA) appointed to the following class shall be: ElevatorInspector 1 st Step 2nd Step Effective 7/i/2000 $29.85* $33.58* Effective 7/1/2001 (or closes[ pay period) $30.81 * $34.66* Effective 7/1/2002 (or closest pay period) * This rate includes an 8% taxabie outside Vacation Contribution. $31.77* $35.74* B. The basic hourly wage for temporary employees working in the following class whose length of employment and earnings require that they be subject to Public Employees Retirement Association (PERA) contributions shall be: ElevatorInspector 1 st Step 2nd Step Effective 7/1/2000 �2838* $31.92* Effective 7/1/2001 (or cbsest pay period) $29.29* $32.95* Effective 7/1/2002 (or closest pay period) * This rate includes an 8% taxable outside Vacation Contribution. $30.21 * $33.98* C. The basic hourly rate for provisional, regular and probationary employees appointed to the following ciass shall be: ElevatorInspector 1 st Step 2nd Step Effective 7/1/2000 $ZS.88k# $29.11** Effective 7/1/2001 (or closest pay period) $26.71 * * $30.05** Effective 7/1/2002 (or closest pay period) $27.55** $30.98** ** This rate includes an 8%ta�cable outside Vaca6on Contdburion in addition to 24 hours of paid holidays (see Article 12.2 for further information) and 160 hours of paid City vacation per fiscai year. Vacation carry over shall be paid in accordance with Section I H of the Saint Paul Salary Plan and Rates of Compensarion. Vacation must be approved by the Head of the Department. -Cl - �� ' APPENDIX C (Continued) The Employer shall establish VJorkers' Compensation and Unemployment Compensation • programs as required by Minnesota Statutes. The wage rate for the title of Elevator Inspector shall consist of two steps. The first step shail be the entry level step. The second step shall be paid to those who successfully perform for at least 1040 hours at the enhy level. If the Union elects to have the contributions listed in Appendis D increased or decreased, the Employer may adjust the above applicable rates for participating employees in such a way that the total cost of the package (wage rate pius contributions) remains constant. Effective July 1, 2001 (or closest pay period), there will be an additional $1.15 per hour inczease added to the Mechanic total package. The parties will agree prior to that date regazding the dishibution of the $1.15 between wages and fringes. This amount will be decreased by any increase to the Industry Fund. Effective July 1, 2002 (or closest pay period), there will be an additional $1.15 per hour increase added to the Mechanic total package. The parties will agree prior to that date regazding the distribution of the $1.15 between wages and fringes. This amount will be decreased by any increase to the Industry Fund. The current Public Employees Retirement Association (PERA) contribution rate is 5.18%. This � rate is subject to change by the State of Minnesota. r � L -C2- cx�—�t q APPENDIX D Effective July 1, 2000 (or closest payroll period), the Employer shall: • (1) conhibute to a Welfare Fund $4325 per hour for all hours worked by participating employees as defined in this Agreement. This contdbution shali increase to $4.425 per hour effective 7/1/2001 (or closest pay period) and $4.525 per hour effective 7/1/2002 (or closest pay period). (2) contribute to a Pension Fund $2.46 per hour for all hours worked by participating employees, as defined above. This contribution shall increase to $2.61 per hour effective 7/1/2001 (or closest pay period) and $2.76 per hour effective 7/1/2002 (or closest pay period) (3) contribute to the Educational Fund $.15 per hour for all hours worked by participating employees, as defined above. This contribution shail increase to $.16 per hour effective 7/1(2Q01 (or closest pay period) and to $.17 per hour effective 7(1/2002 (or closest pay period). (4) deduct $.OS per hour for all hours paid to a Union designated Indushy Benefit Plan. The Employer will not make the contributions in 1-3 above for Holidays or vacation. The above contributions may be increased ar decreased as long as the applicable hourly rates in � Appendix C for participating empioyees aze decreased or increased by the same total amount. All contributions and deductions made in accordance with this Appendix shall be forwarded to depositories as directed by the Union. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. The Employer's fringe benefit obligation to employees is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwazded contributions andlor deductions. u - Dl - ORIG�NA� Presented by_ Referred To Committee Date RESOLUTION CIT,1( OF SAINT PAUL, MINNESOTA Council File # Oo � ril� Green Sheet # 10352 � RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 July 1, 2000 through June 30, 2003 Maintenance Labor Agreement between the City of Saint Paul and Internaxional Union of Elevator Constructors Local 9. Requested by Department of: Office of Labor Relafions By: Form Appr ved by City orney n By: �� V/ Adopted by Council: Date ��\S_ � f� Oz� � , Adoption Certified by Council Secretary B y' �, � � Approved by Mayor: Date � �UJ �� B c��L �/�'I�� Approved M r for Submission to Council By: DEPAR'IMENT/OFF[CE/COUNCIL: DATE IIVITIATED GREEN SHEET No.: 10352 . LABOR RELATIONS July 25, 2000 00 � Z �q CONTAGT PERSON & PHONE: q QtmaunA'l's INtTipi,inpTE JLTLIE KRAUS 266-6513 ASSIGN 1 DEPARTAgNP DIR. 4 CIT:'CAUNCIi, 1VlJMBER 2 CI?Y ATl'ORNEY ^,IT? CLERK MUSf BE ON COUIVCII, AGENDA BY (DATE) FOR BUDGET DIR. rIN. dc MGT. SERVICE DIR RGUTING 3 MAYOR (OR ASST.) ORDER ' TOTAL # OF SIGNATURE PAGES_1 (CLIP ALL LOCATIONS FOR SIGNATORE) acrioN nEQUesren: This resolution approves the attached 7uly i, through June 30, 2003 Maintenance Labor ' Agreement befween the City of Saint Paul and International Union of Elevator Constructors, Local 9. RECOMIvv1�NDAIIONS: Approve (A) or Reject (R) PERSONAI. SERVICE C�N'SRACfS MQJST ANSWER THE FOLLOWING QUESTIONS: � _PLANNING COhiIvIISSION _C[VII. SERVICE COMMISSION 1. Haz thu persodfum ever worked mder a conhact for this depaztment? _CIB COM[vfITCEE Yes No STAFF 2. Haz this person/fum ever7�a a city employes? DISIRICT COUAT Yes No , SUPPORTS W}➢CH COUNCIL OBJECITVE? 3. Does this person/fiIm possess a skill aot noanatiy possessed by a�y current city employee7 Yes No Ezplain all yes answers on separate s6eet and attach ro green sheei INITIAI'ING PROBLEM, ISSUE, OPPOR177NTTY (Who, What, When, Wherq Why): ; Existing collective bargaining agreement ea�pired June 30, 2000 and a successor agreement needed to be negotiated. Tentazive agreement has been reached and ratified by the union. , ADVANTAGBSIFAPPROVED� � Implementation of agreement can proceed. DISADVANTAGESIFAPPROVED: DISADVANTAGES TF NOT APPROVED: Additional negotiations, delayed implementation. ' TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED: , FUNDINGSOURCE: ACCIVITYN[JhffiER: FINANCIAL INFORMATION: (EXPLAI� .�� ..�. i .��(��. 8O -'11g ATTACIIlI�NT TO THE GREEN SHEET COLLECTIVE BARGAINING AGREEMENT WITH THE INTERNATIO1�iAL UIVION OF ELEVATOR CONSTRUCTORS Below is a sutmnary of the changes in the Collective Bazgaiuing Agreement between the City of Saint Paul and the International Union of Elevator Constructors. Duration• July 1, 2000 through June 30, 2003. Wa�es: The City agreed to the prevailing wage rate. LanQUa2e• Changes to the language were basically of a housekeeping nature far clarification and clean up. � � �� : , _ � � �� "_� �.= bp-=-'t�`t- . . � _ JIJI.Y 1; 2000 THRQUGH JUNE 30, 2003 -_ -� - _ � _ " MAINTENANC� LABOR AGREEMENT _ - _ : _ _ . � � _ - = between -" � ,. �= " _ � - � TH� CIT�' OF Sf4INT PAUI; - - � � ' aiid ' , , ' Il�'FERNATiONAL Ul�IQ�T OF ELEyATOR COl�FSTRi7CTOR�, - � _ _��#)CAI. �� ti �._ � _., __ �� : � � � _ � - c � �� ARTICLE TITLE PAGE Preamble ................................................. ii 1 Purpose ....................................................1 2 Recognition ................................................1 3 Employer 12ights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights ...............................................2 5 Scope ofAgreement ..........................................2 6 Probationary Periods .........................................2 7 Hoursof Work ..............................................3 8 Overtime ..................................................4 9 Call In/Call Back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 10 Work Location ..............................................5 11 Wages .....................................................5 12 Holidays ...................................................5 13 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 • 14 AbsencesFrom Work .:::::::::::::::::::::::::::::::::::::..7 15 Seniority............ ..7 16 Jurisdiction .................................................8 17 Separation .................................................8 18 Tools .....................................................9 19 Grievance Procedure .........................................4 20 Rightof Subcontract ........................................12 21 Nondiscrimination ........................ . ........... ... ... 12 22 Severability ...............................................12 23 Waiver ...................................................12 24 City Mileage ...............................................13 25 Duration and Pledge .........................................14 Appendix A .......................................A1 AppendiY B .......................................B1 Appendix C .......................................C1 Appendix D .......................................D1 � 00-7/� � PREAMBLE This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the International Union of Elevator Constructors, Loca19, 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 Employer and the Union both realize that this goal depends not only on the words in • the Agreement but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the City, the Union, and the individual employees will best serve the needs of the generai public, • ii ao - �9 �� ARTICLE 1 - PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1(1) Achieve orderly and peaceful relations, thereby establishing a system of unintercupted operations and the highest level of employee performance that is coasisteni with the safety and well-being of all concemed; i.l (2) Set forth rates of pay, hours of work, and other condirions of employment as have been agreed upon by the Employer and the Union; 1.1(3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreemenl without loss of producrivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legisiation, the latter shall prevaii. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 22 (SEVERABILITY). � ARTICLE 2 - RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for collective bazgaining purposes for all personnel having an employment status of regulaz, probaTionary, provisional, and temporary employed in the classes defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-475-A dated April 13, 1973. A,RTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, facilities, and equipment; to establish fiutctions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and deternune the number of personnel; and to perform any inherent managerial function not specifically limited by this Agreement. 3.2 Any "term or condition of employment" not established by this Agreement shall remain with the Empioyer to eliminate, modify, or establish following written notification to the Union. • -1- ARTICLE 4 - UNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction • in writing an amount necessary to cover monthiy Union dues. Such monies deducted shali be remitted as directed by the Union. 4.1(1) The Employer shall not deduct dues from the wages of employees covered by ttris Agreement for any other labor orgazuzation. 4.1(2) The Union shall indemnify and save harmless the Employer from any and all claims or chazges made against the Employer as a result of the implementation of this Article. 4.2 The Union may designate one (1) employee from the bargaining unit to act as a Stewazd and shall inform the Employer in writing of such designarion. Such employee shall have the rights and responsibilities as designated in Article 19 (GRIEVANCE PROCEDURE). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his/her designated representative, shall be permitted to enter the facilities of the Employer where employees covered by this Agreement aze working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employment" defined by M.S. • 179.63, Subd. 18 for all employees exclusively represented by the Union. T'his Agreement shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 AII personnel, originally hired or rehired following separation, in a regular employment status shail serve a six (6) month probationary period during wlrich time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.1(1) At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the pmvisions of Article 19 (GRIEVANCE PROCEDURE). 6.1(2) An employee terminated during the pmbationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. �2 • �-�t t ARTICLE 6 - PROBATIONARY PERIODS (Continued) • 6.2 All personnel promoted to a higher class shali serve a six (6) month promotional probationary period during which time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.2(1) At any time during the promotional probationary period an employee may be demoted to the employee's previously held class at the discretion of the Employer without appeal to the provisions of Article 19 (GRIEVANCE PROCEDURE). 6.2(2) An employee demoted during the promotional probationary period shall be retumed to the employee's previously held class and shail receive a cvritten notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7- HOURS OF WORK 7.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirry (30) minute lunch period, between 7:00 a.m. and 7:00 p.m. 7.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. • '7.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into nego6ations immediately to establish the conditions of such shifts and/or work weeks. 7.4 This section shall not be construed as, and is not a guazantee of, any hours of work per normal work day or per normal work week. 7.5 All employees shail be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless othenvise directed by their supervisor. 7.6 All employees are subject to cail in or call back by the Employer as provided by Article 9 (CALL IN/CALL BACK). 7.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. • -3- ARTICLE 8 - OVERTIME 8.1 All overtime compensated for by the Employer must receive prior authorization from a • designated Employer 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. 8.2 The overtime rate of one and one-half (1.5} the basic hourly rate shall be paid for work performed under the following circumstances: 8.2(1) Time worked in excess of eight (8) hours in any one normat work day and 8.2(2) Time worked on a sixth (6th) day following a normal work week. 83 The overtime rate of two (2) times the basic hourly rate shali be paid for work performed under the following circumstances: 8.3(i) Time worked on a holiday as defined in Articie 12 (HOLIDAYS); 83(2) Time worked on a seventh (7th) day following a normal work week; and 83(3) Time worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour period, provided, that ail "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (1.5). 8.4 For the purposes of calculating over[ime compensation, overtime hours worked shali not • be "pyramided," or compounded. Empioyees shall not be paid twice for the same hours worked. 8.5 Overtime hours worked as provided by this Article shatl be paid in cash or compensatory time at the option of the Employer. ARTICLE 9- CALL IN/CALL BACK 9.1 The Employer retains the right to call in or call back employees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normai work week. 9.2 Employees called in or called back shall receive a minimum of four (4) hours straight time pay at the basic hourly rate or shall be compensated in accordance with Article 8 (OVERTIME), when applicable, whichever is greater. 9.2(1) Notwithstanding Article 9.2, employees called in four (4) hours or less prior to their normal work day shall complete the normat work day and be compensated only for overtime hours worked in accordance with Article 8(OVERTIME). -4- . c�o—�� ARTICLE 10 - WORK LOCATION • 10.1 Employees shall report to work location as assigned by a designated Employer supervisor. D »rinv the normai work day employees may be assigned to other work locations at the discretion of the Employer. ARTICLE 11- WAGES AND FRINGE BENEFITS 11.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 11.2 Temporary employees shall be compensated in accordance with Paragraph A and B of Appendix C. 113 All regulaz and provisional empioyees shall be compensated in accordance with Paragraph C of Appendix C. 11.4 The Employer shall make contributions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix D. • ARTICLE 12 - HOLIDAYS 12.1 The following ten (10) days shall be designated as holidays: New Yeaz's Day, January 1 Martin Luther King Day, third Monday in January Presidents' Day, third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Day after Thanksgiving, fourth Friday in November Christmas Day, December 25 • �� ARTICLE I2 - HOLIDAYS (Confinued) 12.2 Of the ten (10) designated holidays in 12.1 above, the following holidays aze designated as paid holidays: New Yeaz's Day, January 1 Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Thanksgiving Day, fourth Thursday in November Day after Thanksgiving, fourth Friday in November Christmas Day, December 25 123 When New Yeaz's Day, Independence Day or Ciuistmas Day falls on a Sunday, the foliowing Monday shall be considered tke designated holiday. VJhen any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 12.4 The ten (10) holidays listed in 12.1 above shall be considered non-work days. � 12.5 If, in the judgment of the Employer, personnel aze necessary, employees may be scheduled, "cailed in" or "called back" in accordance with Article 9(CALL IN/CALL BACK}. . 12.6 Employees assigned to work on Martin Luther King Day, Presidents' Day, or Veterans' Day shall be compensated on a straight time basis for such hours worked. 12.7 Employees assigned to work on New Yeaz's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. 12.8 Temporary employees aze not eligible for paid holidays. ARTICLE 13 - DISCIPLINARY PROCEDURES 13.1 The Employer shall have the right to impose disciplinary actions on employees for just cause. _6_ • oo-�lg • ARTICLE 13 - DISCIPLINARY PROCEDURES (Continued) 13.2 Disciplinary actions by the Employer shall include only the following actions: 13.2(1) Oral reprimand 13.2(2) Written reprimand 13.2(3) Suspension 13.2(4) Demotion 13.2(5) Dischazge ARTICLE 14 - ABSENCES FROM WORK 14.1 Employees who are unable to report for theu 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. 14.2 Failure to make such notification may be grounds for discipline as provided in Article 13 (DISCIPLINARY PROCEDURES). 143 Failure to report for work without notification for three (3) consecutive normal work days may be considered by the Employer to be a"quit" on the part of the employee. S ARTICLE 15 - SENIORITY 15.1 Seniority, for the purposes of this Agreement, shall be defined as follows: 15.1(1) "Master Seniority" - the length of continuous regular and probationary service with the Employer from the last date of employment in any and a11 class titles covered by this Agreement. 15.1(2) "Class Seniority" - the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a class title covered by this Agreement. 15.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than tlurty (30) calendar days; is granted because of illness or injury; is granted to allow an empioyee to accept an appoiniment to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 153 Seniority shall temunate when an employee retires, resigns, or is discharged. � -�- ARTICLE 15 - SE?vIORITY (Continued) 15.4 In the event it is determined by the Employer that it is necessary to reduce the work force, employees will be laid off by class tide within each department based on inverse Iength of "Class Seniority." Employees laid off shall have the right to reinstatement in their Department to any previously held lower-paid class tifle in this bargaining unit, provided the employee has greater "Class Seniority" than the employee being displaced. 15.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority," subject to the appmval of the Employer. ARTICLE 16 - JURISDICTION 16.1 Disputes concerning work jurisdiction between and among unions are recognized as appropriate subjects for determination by the various unions representing employees of the Employer. 16.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. � 163 In the event of a dispute conceming the performance or assignment of work, the unions invoived and the Employer shall meet as soon as mutuatly possible to resolve the dispute. � Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 16.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 16.2 and 163 above shall be subject to disciplinary action as provided in Article 13 (DISCIPLINARY PROCEDURES). 16.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment ARTICLE 17 - SEPARATION 17.1 Employees having a probationazy or regulaz employment status shall be considered sepazated from employment based on the following actions: 17.1(1) Resignation. Employees resigning from employment shall give written notice fourteen (14} calendar days prior to the effective date of the resignation. -8- • cb-� t 9 ARTICLE 17 - SEPARATION (Continued) � 17.1(2) Discharge. As provided in Article 13. 17.1(3) Railure to Report for Buty. As provided in Article 14. 17.2 Employees having a temporary or provisional employment status may be terminated at the discretion of the Employer before the completion of a normal work day. ARTICLE 18 - TOOLS 18.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. ARTICLE 19 - GRIEVANCE PROCEDURE 19.1 The Bmployer shall recognize the stewazd selected in accordance with Union rules and regulations as the grievance representative of the bazgaining unit. The Union shall notify the Employer in writing of the name of the steward and of his(her successor when so named. • 19.2 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 shali therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving empioyee shall suffer no loss in pay when a grievance is processed during working hours, provided the stewazd and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimentai to the work programs of the Employer. 193 The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, which aze defined as an alleged violation of the terms and conditions of this Agreement. • -9- ARTICLE 19 - GRIEVANCE PROCEDURE (Continued) 19A Crrievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of flus Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and refeaed 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 Ageement not reduced to writing by the Union within seven (7) calendar days of the fust occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. � Step 2. Within seven (7) calendar days after receiving the written grievance, a designated Employer supervisor shall meet with the Union Stewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EmpIoyer shall reply in writing to the Union within seven (7) catendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) catendar days � following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven ('� calendar days following receipt of the Employer's answer shall be considered waived. Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Emptoyer supervisor shalt meet with tiie Union Business Manager or his/her designated representative and attempt to resolve the grievance. Within seven (7) catendar days following this meeting the Employer shall reply in writing to the Union stating the Empioyer's answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. -10- S oo- 719 • ARTICLE 19 - GRIEVANCE PROCEDURE (Continued) Step 4. If the grievance remains unresolved, within seven ("n calendar days after the response of the Employer in Step 3, the Union may, by w�ritten norice 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 Empioyer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an azbitrator within the said seven (7) day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) azbitrators. Both the Employer and the Union shall have ffie right to strike two (2) names from the panel. The Union shall strike the first (1 st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the azbitrator. 19.5 The azbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The azbitrator shail be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The azbitrator's decision shall be submitted in writing within thirty (30) days a following close of the hearing or the submission of briefs by the parties, whichever be later, uziless the parties agree to an extension. The decision sha11 be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union and the employees. 19.6 The fees and expenses for the azbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each pariy shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 19.7 The time limits in each step of this procedure may be e�ended by mutual agreement of the Empioyer and the Union. • -11- ARTICLE 20 - RIGHT OF SUBCONTRACT 20.1 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 Employer shall give the Union a ninety (90) calendar day notice of the intention to subcontract. 20.2 The subcontractiag of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 21- NONDISCRIMINATION 21.1 The terms and conditions of this Agreemeat wi21 be applied to employees equaliy without regazd to, or discriminatian for or against, any individual because of race, color, creed, sex, age, disability, or because of inembership or nonmembership in the Union. 21.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 22 - SEVERABILITY � 22.1 In the event that any provision of this Agreement is dectazed to be contrary to law by � proper legislative, administrative, ar judicial authority from whose finding, determination, or decree no appeaI is taken, such provision(s) shall be voided. All other provisions shall continue ia full force and effect 22.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative, or judicial determination. ARTICLE 23 - WAIVER 23.1 The Employer and the Union aclaiowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opporiunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right aze fully and completely set forth in this Agreement. -12- � cs�-��`I . ARTICLE 23 - WAIVER (Continued) 23.2 Therefore, the Employer and the Union, for the duration of this Agreement, agree that the other parry shall not be obligated to meet and negotiate over any term or condition of employment whether specifically covered or not specifically covered by tius Agreement. The Union and Empioyer may, however, mutually agree to modify any provision of this Agreement. 233 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regazding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, aze hereby superseded. ARTICLE 24 - CITY MILEAGE 24.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to rennbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions aze adopted. 24.2 Method of Computation: Ta be eligible for such reunbursement, 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 shali be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. In addition, the employee shall be reimbursed $.20 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 desired to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile for each mile driven and shall not be eligible for any per diem. Type 2. If an employee is required to use his/her own automobile REGULARLY during empioyment, the employee shail be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 per mile for each mile actuaily driven. • -13- ARTICLE 24 - CITY MILEAGE (Continued) If such employee is required Yo 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 shali be reunbursed at the rate of $.20 per mile driven and shail not be eligible for aay per diem. This Article 24.2 shall become effective on the first day of the first month following the daxe of the signing of this Agreement. 243 The City will grovide pazking at the Civic Centet Parlang Ramp for City emgloyees who aze required to have their personal car available for City business. Such pazking will be provided only for the days the employee is required to have his or her own personal car available. 24.4 Rules and Regatations: The Mayor shall adopt nzles and regulations goveming the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and fiu�ther require that they maintain automobile liability insurance in amounts of not Iess than $100,000/$300,000 for personal injury, and $25,000 for pmperty damage, or liability insurance in amounts not less than $300,000 singie limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with • the amendment thereto, shall be maintained on file with the City Clerk. ARTICLE 25 - DURATION AND PLEDGE 25.1 This Agreement shall become effective as of the date of signing, except as specifically provided otherwise and shall remain in effect through June of 2003, and continue in effect from year to yeaz thereafter unless notice to change or to terminate is given in the manner provided in Article 25.2. 25.2 If either party desires to terminate or modify this Agreement, effective as of the date of expiration, the parry 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 expirarion date, provided, that the Agreement may only be so terminated or modified effective as of the expiration date. 253 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances conceming its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: • -14- Gl�-7 1 `L ARTICLE 25 - DURATION AND PLEDGE (Continued) • 25.3(1) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, wilTfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful perforxnance of their duries of employment 25.3(2) 253(3) � The Employer will not engage in, instigate, or condone any lock-out of employees. This constitutes a tentative agreement between the parties which will be recommended by the Director of Labor Relations, but is subject to the approvai of the Admuustration of the City, the City Council and is also subject to ratification by the Union. Agreed to this 2� day of July, 2000 and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representative for the Employer and the Union. WITI�ESSBS: C� 1 � I I`L � 3 9[.Y.� 1� i� J.� i 7� 1 • � atherine Megarry � Airector of Labor Relati s / • INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS LOCAL NO. 9 �� Bernie Carey Business Manager -15- oo-�r� ► �� ► ._ The classes recognized by the Employer as being exclusively Represented by the Union aze as • follows: ElevatorInspector and other classes that may be established by the Employer where the duties and responsibilities assigned aze detemiined by the Bureau of Mediation Services to be appropriately represented by ttus bargaining unit. • • �fe oa i� ., �� . . Al1 necessary hand tools. • • • � oo-� � `l � • • APPENDIX C A. The basic hourly wage for temporary employees (not subject to PERA) appointed to the following class shall be: ElevatorInspector 1 st Step 2nd Step Effective 7/i/2000 $29.85* $33.58* Effective 7/1/2001 (or closes[ pay period) $30.81 * $34.66* Effective 7/1/2002 (or closest pay period) * This rate includes an 8% taxabie outside Vacation Contribution. $31.77* $35.74* B. The basic hourly wage for temporary employees working in the following class whose length of employment and earnings require that they be subject to Public Employees Retirement Association (PERA) contributions shall be: ElevatorInspector 1 st Step 2nd Step Effective 7/1/2000 �2838* $31.92* Effective 7/1/2001 (or cbsest pay period) $29.29* $32.95* Effective 7/1/2002 (or closest pay period) * This rate includes an 8% taxable outside Vacation Contribution. $30.21 * $33.98* C. The basic hourly rate for provisional, regular and probationary employees appointed to the following ciass shall be: ElevatorInspector 1 st Step 2nd Step Effective 7/1/2000 $ZS.88k# $29.11** Effective 7/1/2001 (or closest pay period) $26.71 * * $30.05** Effective 7/1/2002 (or closest pay period) $27.55** $30.98** ** This rate includes an 8%ta�cable outside Vaca6on Contdburion in addition to 24 hours of paid holidays (see Article 12.2 for further information) and 160 hours of paid City vacation per fiscai year. Vacation carry over shall be paid in accordance with Section I H of the Saint Paul Salary Plan and Rates of Compensarion. Vacation must be approved by the Head of the Department. -Cl - �� ' APPENDIX C (Continued) The Employer shall establish VJorkers' Compensation and Unemployment Compensation • programs as required by Minnesota Statutes. The wage rate for the title of Elevator Inspector shall consist of two steps. The first step shail be the entry level step. The second step shall be paid to those who successfully perform for at least 1040 hours at the enhy level. If the Union elects to have the contributions listed in Appendis D increased or decreased, the Employer may adjust the above applicable rates for participating employees in such a way that the total cost of the package (wage rate pius contributions) remains constant. Effective July 1, 2001 (or closest pay period), there will be an additional $1.15 per hour inczease added to the Mechanic total package. The parties will agree prior to that date regazding the dishibution of the $1.15 between wages and fringes. This amount will be decreased by any increase to the Industry Fund. Effective July 1, 2002 (or closest pay period), there will be an additional $1.15 per hour increase added to the Mechanic total package. The parties will agree prior to that date regazding the distribution of the $1.15 between wages and fringes. This amount will be decreased by any increase to the Industry Fund. The current Public Employees Retirement Association (PERA) contribution rate is 5.18%. This � rate is subject to change by the State of Minnesota. r � L -C2- cx�—�t q APPENDIX D Effective July 1, 2000 (or closest payroll period), the Employer shall: • (1) conhibute to a Welfare Fund $4325 per hour for all hours worked by participating employees as defined in this Agreement. This contdbution shali increase to $4.425 per hour effective 7/1/2001 (or closest pay period) and $4.525 per hour effective 7/1/2002 (or closest pay period). (2) contribute to a Pension Fund $2.46 per hour for all hours worked by participating employees, as defined above. This contribution shall increase to $2.61 per hour effective 7/1/2001 (or closest pay period) and $2.76 per hour effective 7/1/2002 (or closest pay period) (3) contribute to the Educational Fund $.15 per hour for all hours worked by participating employees, as defined above. This contribution shail increase to $.16 per hour effective 7/1(2Q01 (or closest pay period) and to $.17 per hour effective 7(1/2002 (or closest pay period). (4) deduct $.OS per hour for all hours paid to a Union designated Indushy Benefit Plan. The Employer will not make the contributions in 1-3 above for Holidays or vacation. The above contributions may be increased ar decreased as long as the applicable hourly rates in � Appendix C for participating empioyees aze decreased or increased by the same total amount. All contributions and deductions made in accordance with this Appendix shall be forwarded to depositories as directed by the Union. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. The Employer's fringe benefit obligation to employees is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwazded contributions andlor deductions. u - Dl -