276075 WHITE - CITY CLERK
PINK - FINANCE COUIICII p
CANARY - �DEPARTMENT � R
BLUE - MAYOR G I T Y O F S A I N T PA U L File N O. ���'-�f�
C ncil Resolution
Presented By �
Referred To Committee: Date
Out of Committee By Date
An administrative Resolution approvi.ng the terms
and conditions of J.980 Maintenance Labor Agreements
between the I. S. D. #625 and the Union Locals listed
below.
WHEREAS, the Council, pursuant to the provisions of Section 12. 09 of the
Sai.nt Paul City Charter and the Public Employees Labor Relations Act of 1971, as
amended, recognizes the following Union Locals as exclusive representatives for the
classes of positions within the I. S. D. #625 certified by the Bureau of Mediation Services
under the following Case Numbers:
Union Case No.
Electrician Union Local 110 73-�'R-477-A
Pipefitters Union Local 455 73-PR-480-A
Plumber Union Local 34 73-PR-527-A
Sheet Metal Worker Union #76 73-PR-513-A ;
for the purpose of ineeting and negotiating the terms and conditions of employment for
all full-time personnel in the classes of positions as set forth in the Agreements between
the I. S. D; #625 and the exclusive representatives hereinabove referenced; and
WHEREAS, the City through designated representatives, and the exclusive
representatives have met in good faith and have agreed to the attached Agreements
between the various Union Locals and the I. S. D. #625; now, therefore, be it
RESOLVED, that the Agreements hereby attached, dated as of the effective
date of this Re,solution between the I. S. D, #625 and the above mentioned Unions, on file
in the office of the City Clerk, is hereby approved, and the authorized administrative
officials of the City is hereby authorized and directed to execute said Agreements on
behalf of the City.
Approved:
Y
Chairman, iv ervice Commission
COUNC[LMEN
Yeas Nays Requestgd by Department of:
Hunt � PERSONNEL OFFICE
Levine In Favor
Maddox ;y�
McMahon
Showalter A gai n s t BY
Tid�o-
Wilson
p,�,C � 6 �980 Form ove y C' ey
Adopted by Council: Date � !
c
Certified V•:-ed by Counc� ecretary BY
sy
Ap by .Navor: a �EC � g �980 Ap o ed by Mayor for Su mi si to Council
By _ BY
w�rs�.� o�c 2 ? i9ao
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.�-, __ ; ;. C��� o� ��.��� �E'�uL ..; , .,-
��..� �. ''� O���ICE OF THE CITY GO�7NCIi�
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��-,,. ��;�� Datc>. , December 5, 1930
�4�.
Cfl � � l�'�'� � � � � � ��'
T0 : Saint Paui Cit� Councii
F R U M � Committee Ot1 FINANCE, MANAGEMENT & PERSONNEL
George McP1ahon , chai�man, makes the following
report on C.F. � 0�-dinance
(9) � Resolution �
� �fih2r
T1'�'LE :
At its meeting of December 4, 1980, the Finance Committee recommended approval
of the following: �
1 . Resolution approving transfer of $7,J38 for fencing at. Prosoerity �Park.
2. Resolution amending 1979 Capital Improvement Budget for S-12 Sooth Robert
Street Viaduct Walls project. (11533-�M) _ _
3. Resolution amending Section 16.E of the Civil Service Rules concerning
Voluntary Reduction. (11538-GP1) . � .��
4. Resolution amending Section 17.B of the Civil Service Rules concerning
Transfers. (11539-GM) .
5. Resolu�ion approving 1980 Agreements between ISD #625 and the Electrician,
Pipefitters, Plumbers and Sheet Meta1 Worker Locals. (11540-GM)
. 6. Resolution amending Section 18 of the Civil Service Rules �oncerning. transfer "' -`
or reduction because of disability due to sickness or injury. (11541-GM)
7. Resolution approving Agreement between the C-ity, ISD #625 and the Minnesota ,
Teamsters Public and Law Enforcement Employees Union Local #320. (11542-GP1)
8. Resolut�on approving issuance of $7 million tax exempt mortgage note by the
Port Authority to finance construction of Holiday Inn to be located at I-94,
hlcKnight Road and Suburban Avenue by Battle Creek Hotel Associates. (11544-GM)
9. Resolution approving issuance of �2,500,OJ0 tax exemnt mortgaee note to finance
construction of 0-ffice/Office-Services facilities in Riverview Industrial Park
for Winfield Developments Inc. (11545-GM)
CtTY nAI.L SEVE�ITH FLOOR SAINT PAUL, IiINNESOTA 5510�
, -:��.,,. .
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,.� .
F,�t,�P�- ���- � Qd-�IS
Do not detach this memorandum from the �
resoi;ation so that this information will be �
available to the City Council. �
�15���
EXPLANATION OF ADMINISTRATIVE ORD�RS,
RESOLUTIONS, AND ORDINANCES
K'" � � � � ?{"� �y �
, Date: October 15, 1980 �' '�* � "' * "' '
ra�',' f,��::;�
���:������ ,Q�
T0: MAYOR GEORGE LATIMER
FR: Personnel Office �
RE: Resolution for submission to City Council
ACTION REQUESTED
We recommend your approval and submission of this Resolution to the City Council.
PURPOSE AND RATIONALE FOR THIS ACTION:
This resolution approves the 1980 Agreements between the I. S. D, #625 and the
Electrician, Pipefitters, Plumbers and Sheet Metal Worker Z..,ocals.
Except for the Residency Article, Holiday Article, Severence Pay and Mileage
Article, the terms of these Agreements are the same as the terms of the Agreement
the City has with these locals. .,�
The I. S: D. #625 Agreements have no language dealing with Residency.
The Holiday Article has a provision for Boa rd of Education ta work the three minor
holidays during the school year.
The Mileage Article identifies the School District�s mileage p'lan which is basically
a straight 19� per mile.
The new wage rates in all the Agreements are the same as the City�s and are based
on the outside union settlements.
The Fringe Benefit Article refers to the School District�s Severance Pla.n.
ATTACHI�ENTS:
Resolution, Agreements, and copy for City Clerk.
` � ���������
1980
� MAINTENANCE LABOR AGREEMENT
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INDEPENDENT SCAOOL DISTRICT N0. 625
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INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 110
. I N D E X
A.RTICLE TITLE PAGE
Preamble iii
I Purpose 1
II Recognition Z
III Employer Rights 3
IV Union Rights 4
V Scope of the Agreement 5
VI Probationary Periods 6
VII Philosophy of Employment and Compensation 7
VIII Hours of Work $
IX Overtime 9
X Call back 10
XI Work Location 11
RII � Wages and Fringe Benefits 12
XIII Selection of Foreman and General Foreman 14
XIV Early Retirement Insurance Benefits 15
XV Holidays �6
XVI Disciplinary Procedures 17
XVII Absences fram kTOrk 18
XVIII Seniority 19
XIX Jurisdiction 20
XX Separation and Retireinent 21
XXI Tools 22
XXZI Grievance Prdcedure 23
XXIII Right of Subcontract 2$
XXIV Non-Discrimination 29
XXV Severability 30
XXVI Waiver 31
XXVII Mileage-Independent School District No. 625 32
XXVIII Maternity Lea.ve 33
XXIX Duration and Pledge 34
Appendix A Al
Appendix B B1
Appendix C Cl
Appendix D D1
Appendix E El
Appendix F F1
- ii -
PREAMBLE
This AGREEMENT is entered into between Indpendent School District
No. 625, hereinafter referred to as the II+�LOYER and the International Brotherhood
of Electrical Workers, Local 110 hereinafter referred to as the U1vI0N.
The ENNIPLOYER and the UNION concur that this AGREEMENT has as
its ob3ective the promotion of the responsibilities of the City of
Saint Paul for the benefit of the general public through effective
labor-�managment cooperation.
The EMPLOYER and the UNION both realize that this goal depends
not only on the words in the AGREEMENT but rather primarily on at-
titudes between people at all levels of responsibility. Constructive
attitudes of the EMPLOYER, the UNION, and the individual employees will best
serve the needs of the general public.
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ARTICLE I - PURPOSE
1.1 The EMPLOYER and the UNION agree that the purpose for entering
into this AGREEMENT is to:
1.11 Achieve arderly and peaceful relations, thereby
establishing a system of uninterrupted operations
and the highest level of employee performance that
is consistent with the safety and well-being of all
concerned;
1.12 Set forth rates of pay, hours of work, and other
conditions of employment as have been agreed upon
by the II�LOYER and the UNION;
1.13 Establish procedures to orderly and peacefully resolve
disputes as to the application or interpretation of
this AGREEMENT without loss of manpower productivity.
1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a
supplement to Iegislation that crea.tes and directs the F�LOYER.
If any part of this AGREEMENT is in conflict with such legislation,
the latter shall prevail. The parties, on written notice, agree
to negotiate tfiat part in conflict so that it conforms to the
statute as provided by Article 25 (SEVERABILITY) .
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ARTICLE II - RECOGNITION
2.1 The EMPLOYER recognizes the UNION as the exclusive representative
for collective bargaining purposes for all personnel having an
employment status of regular, probationary, provisional, temporary,
and emergency employed in the classes of positions defined in 2.2
as certified .by the Bureau of Mediation Services in accordance
with Case No. 73-PR-477-A dated April 16, 1973.
2.2 The classes of positions recognized as being exclusively represented
by the UNION are as listed in Appendix A.
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ARTICLE III - ENIPLOYER RIGHTS
3.1 The IIKPLOYER retains the right to operate and ma.nage all manpower,
facilities, and equipment; to establish functions and programs;
to set and amend budgets; to determine the utilization of �
technology; to establish and modify the organizational structure;
to select, direct, and determine the number of personnel; and to
perform any inherent managerial function not specifically limited
by this AGREII�iENT.
3.2 Any "term or condition of employm.ent" not established by this
AGREEMENT sha.11 remain with the II�LOYER to eliminate, modify, or
establish following written notification to the UNION.
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ARTICLE IV - UNION RIGHTS
4.1 The EMPLOYER shall deduct from the wages of employees who authorize
such a deduction in writing an amount necessary to cover monthly
UNION dues. Such monies deducted shall be remitted as directed by
the UNION.
4.11 The .EriPLOYER shall not deduct dues from the wages
of employees covered by this AGREEMENT for any other
labor organization.
4.12 The UNION shall indemnifq and save ha�less the
EMPLOYER from any and all claims or charges made
against the EMPLOYER as a result of the implementation
of this ARTICLE.
4.2 The UNION may designa.te on,e (1) employee from the bargaining unit
in each department to act as a Steward and shall inform the EN�LOYER
in writing of such designation. Such employee shall have the rights
and responsibilities as designated in Article 22 (GRIEVANCE PROCEDURE) .
4.3 Upon notif ication to a designated II�LOYER supervisor, the Business
Manager of the UNION, or his designated representative shall be
permitted to enter the facilities of the. EMPLOYER where empZoyees
covered by this AGREEMENT are working.
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ARTICLE V - SCOPE OF THE AGRE�NT
5.1 This AGREEMENT established the "terms and conditior.s of employment"
defined by M.S. 179.63, Subd. 18 for all employees exclusively
represented by the UNION. This AGREEMENT shall supersede such
"terms and conditions of employment" established by Civil Service
Rule, Council Ordina.nce, and Council Resolution.
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� ARTICLE VI - PROBATIONARY PERIODS �
6.I All personnel, originally hired or rehired followir.g separation,
� in a regular employment status shall serve a (6) �onth`s probationary
period during which time the employee's f itness and ability to
perform the class of positions' duties and responsibilities shall
be evaluated.
6.11 At any time during the probationary period an
employee may be terminated at the discretion of the
II�LOYER without appeal to the provisions of
Article 22 (GRIEVANCE PROCEDURE) .
6.12 An employee terminated during the probationary period
sha.11 receive a written notice of the reason(s} for
such termination, a copy of which sha.11 be sent to the
UNION.
6.2 All personnel promoted to a higher class af gositions shall serve
a six (6) months' promotional probationary period during which
time the e�ployee's fitness and ability to perform the class of
positions' duties and responsibilities shall be evaluated.
6.21 At any time during the promotional probationary period
an employee may be demoted to the employee's
previously held class of positions at the discretion of
the E1�LOYER without appeal to the provisions of
Article 22 (GRIEVANCE PROCEDURE) .
6.22 An employee demoted during the promotional
probationary period shall be returned to the
employeets previously held class of positions and
shall receive a written notice of the reasons for
demotions, a copy oi which shall be sent to the L':1ION.
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� ARTICLE VII - PHILOSOPHY OF E1�fE'LOYMETIT AND COMPENSATIO�i
7.1 The �MPLOYER and the UNION are in full agYeement that the
philosophy of employment and compensation shal.l be a "cash"
hourly wage and "industry" fringe benefit system.
7.2 The EMPLOYER shall compensate employees for all hours worked
at the basic hourly wage rate and hourly fringe benefit rate as
found in Article 12 (WAGES AND FRINGE BENEFITS) .
7.3 No other compensation or fringe benefit sha1Z be accumulated
or earned by an enployee except as specifically grovided for
in this AGREII�NT; except those employees who have individually
optioned to be "grandfathered" as provided by 12.2.
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ARTICLE VIII - HOURS OF WORK
. 8.1 The normal work day shall be eight (8) consecutive hours per day, excluding
a thirty (30) minute unpaid lunch period.
8.2 The normal work week shall be five (5) consecutive normal work days f.n any
seven (7) day period.
8.3 Shifts other than the regular daytime shift Monday through Friday may be
established. Such shifts must be maintained for a period of at least one
(1) work week. The second shift shall be a regularly scheduled shift which
follows a regularly scheduled first shift of five (5} hours or greater.
The third shift shall be a regularly scheduled shift which follows a regularly
scheduled second shift of five (5) hours or greater.
8.4 For employees on a shift basis, this shall be construed to mean an
average of forty (40) hours a week.
8.5 This section shall not be construed as, and is not a guarantee of,
any hours of work per normal work day or per normal work week.
8.6 An employee normally working on a particular shift may be transferred
from that shift to another shift upon one week's notice; provided,
however, that in the event of a vacaacy, an employee may be assigned
to another shif t to fill such vacancy upon 24 hours' notice.
8.7 All employees shall be at the work I.ocation designated by their supervisor,
ready for work, at the established starting time and shall remain at an
assigned work location until the end of the established work day unless
otherwise directed by their supervisor.
8.8 All employees are sub3ect to call-back by the II�LOYER as provided
by Article 10 (CALL BACK) .
8.9 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.
8.10 The employer shall be required to give no less than six and one half
j6'�) hours notice, when an employee is to be laid off.
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ARTICLE IX - OVERTIME
9.1 All overtime compensated for by the ENIPLOYER 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.
9.2 The overtime rate of one and one-half (1�) the basic hourly rate
shall be paid for work performed under the followi.ng circumstances:
9.21 Time worked in excess of eight (8) hours in any one
normal work day and
9.22 Time worked on a sixth (6th) day following a normal
work week.
9.3 The overti.me rate of two (2) times the basic hourly rate shall be
paid for work performed under the following circumstances:
9.31 Time worked on a holiday as defined in Article 16
(HOLIDAYS) ;
9.32 Time worked on a seventh (7th) day following a
normal work week; and
9.33 Time worked in excess of twelve (12) consecutive hours
in a twenty-four (24) hour period, provided, that all
"emergency" work required by "Acts of God" shall be
compengated at the rate of one and one-half (1�) .
9.4 For the purposes of calculating overtime compensation overtime
hours worked shall not be "pyramided", compounded, or paid twice
for the same hours worked.
9.5 Overtime hours worked as provided by this ARTICLE shall be paid
in cash.
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� ARTICLE X - CALL BACK
10.1 The EMPLOYER retains the right to call back employees before an
employee has started a normal work day or normal work week and
after an employee has completed a normal work day or normal work
week.
10.2 Employees called back shall receive a minimum of four (4) hours
pay at the basic hourly rate.
10.3 The hours worked based on a call-back shall be compensated in
accordance with Article 9 (OVERTTI�) , when applicable, and subject
to mini.mum established by 10.2 above.
10.4 Employees called back four (4) hours or less prior to their
normal work day shall complete the normal work day and be compensated
only for the overtime hours worked in accordance with Article 9
EOVERTIME) .
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ARTICLE XI - WORK LOCATION
11.1 Employees shall report to work location as assigned by a designa.ted
EMPLOYER supervisor. During the normal work day employees may
be assigned to other work locations at the discretion of the
EI�LOYER.
11.2 Employees assigned to �aork locations during the normal work day,
other tha.n their original assignment, and who are required to
furnish their own transportation shall be compensated for mileage.
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, ARTICLE XII - WAGES AND FRINGE BENEFITS
12.1 The basic hourly wage rates as established by Appendix C sna11 be
paid for all hours worked by an employee.
12.2 Employees who are covered by the fringe benefits listed below
shall continue to be covered by such benefits. They sha1Z be
subject to all other provisions of the AGREEMEI�'T, but sha1Z not
have hourly fringe benefit contributions and/or deductions �ade on
their behalf as provided for by Article 12.7 (FRIfiGE BENEFITS) .
12.21 Insurance benefits as established by the City of Saint
Paul.
12.22 Sick I.eave as established by Resolution �to. 3250, Section 2�.
12.23 In each calendar year, each full-time emploqee who is
eligibla for vacation shall be granted vacation accorc�ing
to the following schedule:
Years of Service Vacation Granted
Less than 5 years 15 days
After 5 years thru 15 years 20 days
After 15 years and thereafter 25 days
Enployees who work less than full-time shall be granted
vacation on a pro rata basis.
The above provisions of vacation shall be subject to
Resolution No. 6446,� Section I, Subdivision H.
12.24 Nine (9) legal holidays as established by Resolution No.
6446, Section 1, Subdivision I.
�12.25 Severance benefits as established by the School District's
Severance Pay Plan with a maximum payment of $4,000.
12.3 Regular employees covered by the Fringe Benefits in I2.2 shall
have the right to transfer from this coverage. Employees requesting
such transfer shall be considered participating employees and will
no longer be covered by the fringe benef its in 12.2 but shall be
covered by 12.4.
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ARTICLE XII - FIAGES AND �'RI;1GE BENEFITS (continued)
i2.4 Regular employees not covered by the fringe benefite listed in
Article 12.2 shall be considered, for the purpose of this AGREEMENT,
� participating employees and shall be compezsated in accordance
, �ith Article 12.1 (k1AGES) and have fringe benefit contributions
and/or deductions made on their behalf as provided for by Article 12.7.
12.5 Provisional, temporary, and emergency employees stiall be considered,
for the purposes of this AGREEMEPiT, participating employees and
shall be comFensated in accordance with Article 12.1 (WAGES) and
have fringe benefit contributions and/or deductions made in their
behalf as provided for by Article 12.7. �
12.6 All regular employees employed in a title in this bargaining unit �
after February 15, 1974, shall be considered, for the purpase of this •
� AGREEMENT, participating employees and shall be compensated in accordance
� .
with Article 12.1 (WAGES) and have fringe benefit contributions and/or
deducCions made on their behalf as provided for by Article 12.7.
Employees who pronote, tr sfer or reduce to any title in this bargaini �
. unit from any title w ch is not in this bargaining unit shall not be
811owed to use any accumulated sick leave credits khile they are j.
such title. a
� .."�iY1� ����-�.- ��,/��
If the e p�.oyee promaCes, transfers or reduces to any title which is not
i n t s b�gaining unit and if sick leave is allowed un �
r the new title,
e cumulated s3ck leave the employee had ut the me such employee
came a member of this bargaining unit shall b reinstated._ �
� 12.7 The �IPLOTER shall mqke contributions on behnlf of and/or make
deductions from the kA�es of employees covered by this AGREEtiENT
in accordunce with Appe^dix D for all tiour.s worked. � . �
• - 13 - . �
. �
ARTICLE XIII - SELECTION OF FOREMAN AND GENERAL FOREMAN
13.1 The selection of personnel for the class of positions Electrician--
General Foreman and Foreman shall remain solely with the II�LOYER.
13.2 The class of positions Electrician--General Foreman and Forema.n
shall be filled by employees of the bargaining unit on a
"temporary assig�ent".
13.3 All "temporary assignments" shall be made only at the direction
of a designated EMPLOYER supervisor.
13.4 Such "temporary assigriments" shall be made only in cases where
the class of positions is vacant for more than one (1) normal
work day.
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ARTICLE XIV - EARLY RETIREMENT INSURANCE BIIvEFITS
14.1 For those employees that are covered by the Fringe Benef its - Article
12, the EMPLOYER will provide life, hospital and medical insurance for
early retirees who have retired since July 24, 1974, in the same
proportionate amounts of premium as provided by II�LOYER for active
employees.
T4.2 In order to be eligible for the b�nefits under this early retiree provision,
the employees must:
14.21 Be receiving benefits from a public employee retirement
act at the ti.me of retirement.
I4.22 Have severed his relationship with the City of Saint Paul
under one of the early retiree plans.
14.33 Inform the Personnel Office of the City of Saint Paul in
writing within 60 days of emplayee's early retirement date
that he or she wishes to be eligible for early retiree
insurance benefits.
14.3 Notwithstanding any provision of this Article to the coatrary, II�LOYER
premium payments on behalf of early retirees shall cammence June l, 1977,
and shall not be interpreted to apply retroactivelq or act in reimbursement.
14.4 Any obligation of the ENIPLOYER to an early retiree as def ined herein shal.I
cease when such early retiree reaches age sixty-five (65} .
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ARTICLE XV - HOLIDAYS
15.1 The following nine (9) days shall be designated as holidays:
New Year�s Day, January 1
Presidents' Day, third Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, f irst Monday in September
Columbus Day, second Monday in October
Veterans' Day, November 11
Thanksgiving Day, fourth Thursday in November
Christmas Day, December 25
15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday,
the following Monday shall be considered the designated holiday. When any
of these three (3) holidays falls on a Saturday, the preceding Friday shall
be considered the designated holiday. For those employees assigned to a
work week other than Monday through Friday, these three halidays shall be
observed on the calendar date of tfie holiday.
15.3 The nine (91 holidays shall be considered non-work days.
15.4 If, in the judgment of the EMPLOYER, personnel are necessary for operating
or emergency reasons, employees may be scheduled or "called back" in
accordance with Article 10 �CALL BACK� .
15.5 Employees covered by the Fringe Benefits in 12.2 and working on a designated
holiday shall be compensated at the rate of two (2) ti.mes the basic hourly
rate for all hours worked.
15.6 Employees not covered by tFie Fringe Benefits in 12.2 and assigaed ta work
on Presidents' Day, Columbus Day or Veterans' Day shall be compensated on
a straight time basis for sucl� hours worked.
15.7 Employees not covered by the Fringe Benef its in 12.2 and assigned to work
on New YearTS _Day, Memorial Day, Independence Day, Labor Day, Thanksgfving
Day, or Chxistmas Day sha.11 be compensated at a rate of two (2) times the
basic fiourly rate for such hours worked.
15.8 The day after Tha.nksgiving Day and the daq before Christmas Day shall be
considered work days. All employees working on these days shall be
compensated on a straigfit time basis.
15.9 In the case of Board of Education employees, if Presidents' Day, Columbus
Day or Veterans� Day fall on a day when school is in session, the employees
shall work that day at straight time and anoCher day shall 6e designated as
tfie holiday. TFiis designated holiday shall be a day on which school is not
in session and sha.11 be determined by agreement between the employee and
his supervisor.
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ARTICLE XVI - DISCIPLINARY PROCEDURES
16.1 The EMPLOYER shall have the right to impose disciplinary actions
on employees for just cause.
16.2 Disciplinary actions by the EMPLOYER shall include only the
following actions:
16.21 Oral reprimand
16.22 Written reprimand
16.23 Suspension
16.24 Demotion
16.25 Discharge
16.3 Employees who are suspended, demoted or discharged shall have the
right to request that such actions be reviewed by the Civil Service
Commission or a designated Board of Review. The Civil Service
Commission, or a designated Board of Review, shall be the sole and
exclusive means of reviewing a suspension, demotion, or discharge.
No appeal of a suspension, demotion, or discharge shaZl be cansidered
a "grievance" for the purpose of processing through the provisions
of Article 22 (GRIEVANCE PROCEDU'RE) .
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ARTICLE XVII - ABSENCES FROM TroTORK
17.1 Employees who are unable to report for their normal work day
have the responsibility to notify their supervisor of such absence
as soon as possible, but in no event later than the beginning of
such work day.
17.2 Failure to make such notification may be grounds for discipline
as provided in Article 16 (DISCIPLINARY PROCEDURES) .
17.3 Failure to report for work without notification for three (3)
consecutive normal work days may be considered a "quit" by the
II�LOYER on the part of the employee.
- 18 -
� ARTICLE XVIII - SENIORITY
18.1 Seniority, for the purposes of this AGREEMENT, shall be defined
as follows:
18.11 "Master Seniority" - the length of continuous regular
and probationary service with the II�LOYER from the
last date of employtnent in any and all class titles
covered by this AGREEMENT.
18.12 "Class Seniority" - the length of continuous regular
and probationary service with the II�LOYER from the
date an employee was first appointed to a class tit�le
covered by this AGREEMENT.
18.2 Seniority sha.11 not accumulate during an unpaid Ieave of absence,
except when such a leave is granted for a period of less than
thirty (30) calendar days; is granted because of illness or injury;
is granted to allow an employee to accept an appointment to the
unclassif ied service of the El�LOYER or to an elected or appointed
fulltime position with the UNION.
18.3 Seniority shall terminate when an employee retires, resigns,
or is discharged.
18.4 In the event it is determined by the II�IPLOYER that it is necessary to
reduce the work force employees will be laid off by class title
within each Department based on inverse length of "Class Seniority."
Employees laid off sha.11 have the right to reinstatement in any
lower-paid class title, provided, employee has greater "Master
Seniority" than the employee i�eing replaced.
18.5 The selection of vacation periods shall be made by class title -�--
based on length of "C1ass Seniority", subject ta the approval
' of the EMPLOYER.
- 19 -
ARTICLE XIX - JURISDICTION
19.1 Disputes concerning work jurisdiction between and among unions
is recognized as an appropriate subject for determination by
the various unions representing employees of the EMPLOYER.
19.2 The EMPLOYER agrees to be guided in the assignment of work jurisdictian
by any mutual agreements between the unions involved.
19.3 In the event of a dispute concerning the performance or assignment
of work, the unions involved and the EMPLOXER shall meet as soon
as mutually possible to resolve the dispute. Nothing ia 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.
19.4 Any employee refusing to perform work assigned by the EMPLOYER
and as clarified by Sections 19.2 and 19.3 above shall be subject
to disciplinary action as provided in Article 16 (DISCIPLINARY
PROCEDURES) .
19.5 There shall be no work stoppage, slow down, or any disruption
of work resulting from a work assignanent.
- 20 -
� . ARTICLE XX - SEPARATION AND RETIREMENT
20.1 Employees having a probationary or regular employment status
shall be considered separated from employment based on the
following actions:
20.11 Resignation. Employees resigning from employment
' shall give written notice fourteen (14) calendar
days prior to the effective date of the resignation.
20.12 Retirement. All employees shall retire from
employment with the II�LOYER no later than the last
calendar day of the month in which an employee
becomes seventy years old.
20.13 Discharge. As provided in Article 16.
20.14 Failure to Report for Duty. As provided for in
Article 17.
20.2 Employees having an emergency, temporary, or provisional employment
status may be terminated at the discretion of the II�LOYER
befare the completion of a normal work day.
- 21
ARTICLE XXI - TOOLS
21.1 All employees shall personally provide themselves with the
tools of the trade as listed in Appendix E.
- 22 -
ARTICLE XXII - GRIEVANCE PROCEDURE
22.1 The EMPLOYER shall recognize Stewards selected in accordance
with UNION rules and regulations as the grievance representative
of the bargaining unit. The UNION shall notify the �fiiPLOYER
in writing of the names of the Stewards and of their successors
when so named.
22.2 It is recognized and accepted by the II�LOYER and the UNION
that the processing of grievances as hereinafter provided is
iimited by the job duties and responsibilities of the employees
and sha.11 therefore be accomplished during working hours only
when consistent with such employee duties and responsibilities.
The Steward involved and a grieving employee sha.11 suffer no
loss in pay when a grievance is processed during working hours,
provided, the Steward and the employee have notified and received
the approval of their supervisor to be absent to process a
grievance and that such absence would not be detrimental to
the work programs of the II�PLOYER.
22.3 The procedure established by this ARTICLE shall be the sole and
exclusive procedure, except for the appeal of disciplinary action
as provided by 16.3, for the processing of grievances, which are
defined as an alleged violation of the terms and conditions of
this AGREEMENT.
22.4 Grievances shall be resolved in conformance with the following
procedure:
Step 1. Upon the occurrence of an alleged violation of this
AGREEMENT, the employee involved shall attempt to
resolve the matter on an informal basis with the
- 23 -
ARTICLE XXII - GRIEVANCE PROCEDURE (CONTINUED)
employee's supervisor. If the matter is not resolved
to the employee's satisfaction by Che informal discussion
it may be reduced to writing and referred to Step 2 by
the UNION. The written grievance shall set forth the
nature of the grievance, the facts on which it is based,
the alleged sections(s) of the AGREEMEI3T violated, and
the relief requested. Any alleged violation of the
AGREEMENT not reduced to writing by the UNION within
seven (7) calendar days of the first occurrence of the
event giving rise to the grievance or within the use of
reasonable diligence should 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 EMF'LOYER supervisor shall
meet with the UNION Steward and attempt to resolve the
grievance. If, as a result of this meeting, the grievance
remains unresolved, the EMPLOYER shall reply in writing
to the UNION within three (3) calendar days following
this meeting. The UNION may refer the grievance in
writing to Step 3 within seven (7) calendar days following
receipt of the E1�LOYER's written answer. Any grievance
not referred in writing by the UNION within seven (7)
calendar days following receipt of the EMPLOYER's answer
shall be considered waived.
- 24 -
ARTICLE XXII - GRIEVANCE PROCEDURE (CONTINUED)
Step 3. Within seven (7) calendar days following receipt of a
grievance referred from Step 2 a designated E�LOYER
supervisor shall meet with the UNION Business *Ianager
or his designated representative and attempt to resalve
the grievance. Within seven (7) calendar days follawing
this meeting the Fd�'LOYER shall reply in writing to
. the UNION stating the II�LOYER'S answer concerning
the grievance. If, as a result of the written
response the grievance remains unresolved, the i�ION
may refer the grievance to Step 4. Any grievance not
referred to in writing by the UNION to Step 4 within
seven (7� caleadar days following receipt of the
II�LOYER'S answer shall be considered waived.
Step 4. If the grievance remains unresolved, the Union znap
within seven (7) calendar days after the response of
the EMPLOYER in Step 3, by written notice to the
EMPLOYER, request arbitration of the grievance. The
arbitration proceedings shall be conducted by an
arbitrator to be selected by mutual agreement of
the �LOYER and the UNION within seven (7) calendar
days after notice has been given. If the parties
fail to mutv.ally agree upon an arbitrator within the
said seven (7� day period, either party may request
tfie Public Employment Relations Board ta subrait a
. - 25 -
� . ARTICLE XXII - GRIEVANCE PROCEDURE (CODITINUED)
panel of five (5) arbitrators. Both the II�LOYER
and the UNION shall have the right to strike two
(2) names from the panel. The Union shall strike
the first (lst) name; the EMPLOYER shall then
strike one (1) name. The process will be repeated
and the remaining person shall be the arbitrator.
22.5 The �arbitrator shall have no right to amend, modify, nullify,
ignore, add to, or subtract from the provisions of this AGREEMENT.
The arbitrator shall consider and decide only the specific issue
submitted in writing by the EMPLOYER and the UNION and shall
have no authority to make a decision on any other issue not so
submitted. The arbitrator shall be without power to make decisions
contrary to or inconsistent with or modifying or varying in any way
the application of laws, rules, or regulations having the force and
effect of law. The arbitrator's decision shall be submitted in
writing within thirty (30) days following close of the hearing or
the submission of briefs by the parties, whichever be later, unless
the parties agree to an extension. The decision sha1Z be based
solely on the arbitrator's interpretation or application of the
express terms of this AGREEMENT and to the facts of the grievance
presented. The decision of the arbitrator shall be final and
binding on the II�IPLOYER, the UNION, and the employees.
- 26 -
ARTICLE XXII - GRIEVANCE PROCEDURE (CONTINUED)
22.6 The fees and expenses for the arbitrator's services and proceedings
shall be borne equally by the EMPLOYER and the UNION, provided that
each party sha11 be responsible for compensating its own repr�sentative
and witnesses. If either party cancels an arbitration hearing or asks
for a last minute postponement that leads to the arbitrators ma.king a
charge, the canceling party or the party asking for the postponement
shall pay this charge. If either party desires a verbatim record of the
proceedings, it may cause such a record to be made providing it
pays for the record.
22.7 The time limits in each step of this procedure may be extended
by mutual agreemant of the EMPLOYER and the UNION.
- 27 -
ARTICLE XXIII - RIGHT OF SUBCONTRACT
23.1 The EriPLOYER may, at any time during the duration of this
AGREEMENT, contract out work done by the employees covered
by this AGREEMENT. In the event that such contracting would
result in a reduction of the work force covered by this
AGREEMENT, the EMPLOYER shall give the UNION a ninety (90)
calendar day notice of the intention to sub-contract.
23.2 The sub-contracting of work done by the employees covered -
by this AGREEMENT shall in all cases be made only to employers
who qualify in accordance with Ordinance No. 14013.
- 28 -
ARTICLE XXIV - NON-DISCRIMINATION
24.1 The terms and conditions of this AGREEMENT wi].1 be applied to
employees equally without regard to, or discrimination for or
against, any individual because of race, color, creed, sex,
age, or because of inembership or non-�membership in the UNION.
24.2 Employees will perform their duties and responsibilities in
a non-discriminatory manner as such duties and responsibilities
involve other employees and the general public.
_. 29 -
ARTICLE XXV - SEVERABILITY
25.1 In the event that any provision(s) of this AGREEMENT is declared
to be contrary to law by proper legislative, administrative, or
�udicial authority from whose finding, determination, or decree
no appeal is taken, such provision(s) shall be voided. All other
provisions shall continu� in full force and effect.
25.2 The parties agree to, upon written notice, enter into negotiations
to place the voided provisions of the AGREII�NT in compliance
with the legislative, administrative, or �udicial determination.
_ �n _
ARTICLE XXVI - WAIVER
26.1 The II�'LOYER and the U1�'ION acknowledge that during the meeting
and negotiating which resulted in this AGREE�IiENT, each had the
right and opportunity to make proposals with respect to any
subject concerning the terms and conditions of employment. The
agreements and understandings reached by the parties after the
exercise of this right are fully and completely set forth in
this AGREEMENT.
26.2 Therefore, the II�LOYER and the UNION for the duration of this
AGREEMENT agree that the other party shall not be obligated to
meet and negotiate over any term or conditions of employment
whether specif ically covered or not specifically covered by
this AGREEMENT. The UNION and II�LOYER ma.y, however, mutually
agree to modify any provision of this AGREEMENT.
26.3 Any and all prior ordinances, agreements, resolutians, practices,
policies, and rules or regulations regarding the terms and
conditions of employment, to the extent they are inconsistent
with this AGREEMENT, are hereby superseded.
- 31 -
ARTICLE XXVII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625
27.1 Employees of the School District under policy adopted by the
Board of Education may be reimbursed for the use of their auto-
mobiles for school business. To be eligible for such reimburse-
ment, employees must receive authorization from the District
Mileage Committee utilizing one of the following plans:
PLAN "A" is reimbursed at the rate of 14� per mile.
In addition, a maximum amount which can be paid per
nonth is established by an estimate furnished by the
employee and the employee's supervisor.
Another consideration for establishing the maximum
amount can be the experience of another working in
the same or similar position.
Under this plan, it is necessary for the employee to
keep a record of each trip made.
PLAN "C" provides for reimbursement based on a per
manth f'lump sum" amount. This amount is determined
by the employee's driving experience under Plan "A"
for a period of 3 to 6 months. Those employees
receiving an auto allowance under this plan must
report monthly the number of days the car was avail-
able during the month. A deduction must be made from
the lumg sum amount for each day the employee is
on vacation. A deduction need not be made for an
occasional day of illness or for holiday.
- 32 -
ARTICLE XXVIII - MATERNITY LEAVE
28.1 Maternity Leave. Maternity is defined as the physical state of
pregnancy of an employee, commencing eight (8) months before the
estimated date of childbirth, as determined by a physician, and
ending six (6) months after the date of such birth. In the event
of an employee`s pregna.ncy, the employee may apply for leave
without pay at any time during the period stated above and the
employer may approve such leave at its option, and such leave
may be no longer than one (1) year.
.
- 33 -
� �
ARTICLE XXIX - DURATION AND PLEDGE
29.1 This agreement shall become eff ective as of May 1, 1980, and
shall remain in effect through the 30th day of April, 1981, and
continue in effect from year to year thereafter unless notice
to change or to terminate is given in the manner provided in 29.2.
29.2 If either party desires to terminate or modify this AGREII�NT,
effective as of the date of expiration, the party wishing to
modify or terminate the AGREII�2ENT shall give written notice to
the other party, not more than niaety (90) or less than sixty
(60� calendar days prior to the expiration date, provided, that
the AGREIIrtENT may only be so terminated or modified effective
as of the expiration date.
29.3 In consideration of the terms and conditions of employment
established by this AGREII�ENT and the recognition that the
GRIEVANCE PROCEDURE herein established is the means by which
grievances concerning its application or interpretation may
be peacefully resolved, the parties hereby pledge that during
the term of the AGREEMENT:
29.31 The UNION and the emgloyees will not engage in,
instigate, or condone any concerted actioa in
which employees fail to report for duty, willfully
absent themselves from work, stop work, slow down
their work, or absent themselves in whole or part
from the full, faithful performance of tfieir
ARTICLE �IXIX - DURATION AND PLEDGE (continued) � ,
29.32 The E1�LOYER will not engage in, instigate, or
condone any lock-out of employeea.
29.33 This constitutes a tentative agreement between
the parties which will be recommended by the
School Board Negotiator, but is sub�ect to
the approval of the Board of Education and is
also sub�ect to ratification by the UNION.
AGREID to this 0 day of�n'�l/� , 1980, 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 from the
EI�LOYER and the UNION.
WITNESSES:
INTERNATIONAL BROTHERHOOD OF
INDEPENDENT SCHOOL DISTRICT N0. 625 ELECTRICAL WORKERS, LOCAL 110
'��j lr- f�
BY: ��- �G .f` �-C. ' �-' /�t,, �-�f�-� gy•
Schoo Board Negotiator usiness Manager
BY: BY:
Superintendent, ISD 625
- 35 -
APPENDIX A
The classes of positions recognized as being exclusively represented
by the UNION are as follows:
Electrician--General Foreman
Electrician--Foreman
Electrician
Apprentice Electrician
� Senior Electrical Iaspector
Electrical Inspector
and other classes of positions that may be established by the EMPLOYER
where the scope of the work duties and responsibilities assigned comes
within the jurisdiction of the UNION.
- A1 -
APPENDIX B
For all normal work weeks established pursuant to the provisions
of Article VIII of this contract, which includes Sunday, the following
provisions shall apply and govern:
1 . All regular electricians employed prior to January 1, Z976
shall be offered assignment to the work week on a seniority
basis, and all such employees shall have the right to refuse
assignment to the workweek. This refusal is subject to the
provisions listed below.
2. All regular electricians employed subsequent to Janua.ry 1,
1976 may be assigned to vacancies in this work week.
3. .A11 regular electricians shall have the right to bid on and
obtain assigriment of a position occupied by an electrician
with lesser class seniority within 30 calendar days from the
date that said position was last filled.
4. Any regular electrician tnay be assigned, on a temporary basis,
to the workweek, to replace an electrician who is absent
because of vacation, illness, paid military leave, jury duty
or any other leave acceptable to both parties. These tem-
porary assignments shall be made on the basis of seniority and
in no instance shall any one employee be required to work on
such temporary basis for more than 15 work days or the total
temporary assignment to exceed 90 work days.
- Bl -
, : ' APPENDIX C �. ��� 2 1 �980
' The basic hourly wage rate for provisional, regular and probationary
employees appointed to the following classes of positions who are not covered
by the provisions of Article 12.2.
Effective
5-03-80
Electrician-General Foreman . . . . . . . . . . . $14.71 �
Electrician-Foreman . . . . . . . . . . . . . . . $13.94
Electrician . . . . . . . . . . . . . . . . . . . $12.79
Senior Electrical Inspector . . . . . . . . . . . $14.71
Electrical Inspector. . . . . . . . . . . . . . . $13.94
. �� , � 3 ,
Lighting Maintenance Worker � . � ;
Starting. . . . . . . . . . . . . . . . . . . . $ 8.95 p�� ��..�.� ��tj .
rer 6 mos . . . . . . . . . . . . . . . .. . . $ 9.59
The basic hourl wa e rate fo �
y g r temporary and emergency �mployees appointed to
the following classes of positions shall be: , �
: . • -
Effective
5-03-80
Electrician-General Foreman . . . . . . . . . . . $15.30
� Electrician-Foreman . . . . . . . . . . . . . . . $14.50 '
Electrician . . . . . . . . . . . . . . . . . . . $I3.30
� Electrical Inspector. . . . . . . . . . . . . . . $14.50
Senior Electrical Inspector . . . . . . . . . . . $15.30
Lighting Maintenance Worker . ��'�,j ��� 3�`
Starting. . . . . . . . . . . . . . . . . . . . $ 9.31
After 6 mos . . . . . . . . . . . . . . . . . . $ 9.98 o�_��e� �
Apprentice Electrician
- (/ T�
0 - 6 months . . . . . . . . . 45X of Electrician Rate
7 - 12 months . . . . . . . . . 50X of Electrician Rate
13 - 18 monChs . . . . . . . . . 55X of Electrician Rate
19 - 24 months . . . . . . . . . 60X .of Electrician Rate
25 - 30 months . . . . . . . . . 65X of Electrician Rate
31 - 36 months . . . . . . . . . 75X of Electrician Rate
37 - 42 months . . . . . . . : . 80� of Electrician Rate
43 - 48 months . . . . . . . . . 85x of Electrician Rate
- Cl - '.
.
_ __
, __ '_.___..�___ - �-
�
APPENDIX C (continued)
The basic hourly wage rate for regular enployees appointe� to the foZlowing
classes of positions, who are covered by the provisions of Article 12.2 of this
AGREEMENT, shall be:
Effective Effective
5-03-80 I2-01-80
Electrician-General Foreman . . . . . $14.17 $I4.4I
Electrician-Foreman . . . . . . . . . $I3.48 $13.71
Electrician . . . . . . . . . . . . . . $12.42 $12.66
Senior Electrical Inspector . . . . . . $14.17 $14.4I
Electrical Inspector. . . . . . . . . . $13.48 $13.71
Apprentice Electrician
(Hired prior to *sarch 16, 1974) . . . $10.56 $I0.76
Employees who work on a regularly assigned shift, beginning earlier than
6 a.m. or ending later than 6 p.m. , provided that at least five hours of the
shif t are worked between the hours of 6 p.m. and 6 a.m., there sha.11 be paid a
night differential for the entire shift.
Employees who work on a regularly assigned shift, beginaing earZier than
6 a.m. or ending later tha.n 6 p.m. , but less than five hours ef the shif t are
worked between the hours of 6 p.m. and 6 a.m. , there sha3.I be paid a night
differential for the hours worked between the hours of 6 p.n. and 6 a.m.
The night diff erential shall be 5% of the base rate, and shall be paid only
for those night shifts actually worked.
- C2 -
APPENDIX D
Effective May 17, 1980, the II�LOYER sha.11:
(1) Contribute $ .65 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and I2.5 covered by this
Agreement, to a Union designated Health and Welfare Fund.
(2) Contribute $ .40 per hour for all hours �aorked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 covered bq this
Agreement, to a Union designated Pension Fund.
(3) Contribute $ .05 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 covered by this
Agreement, to a Union designated Apprenticeship Training Fund.
(4� Contribute $ .05 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 covered by this
Agreement, to a Union designated Seniority Fund.
(5) Contribute $ .49 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 covered by this
Agreement, to a Union designated Reserve Trust Fund.
(6� Contribute 3� of the gross wages earned by participating employees
as defined in Articles 12.3, 12.4 and 12.5 covered by this Agreement
to the Union's designated National Employees Benefit Fund (N.E.B.F.} .
(7) Contribute 7�� of all wages earned by participating ernploqe�s as
defined in Articles 12.3, 12.4 and 12.5 covered by this Agreement,
to a Union designated Vacation and Holidaq Fund. This contribution
is sub�ect to all payrol.l deductions.
- Dl -
. _ _ _ __ _
. w
,
� . '. J�L t 1 1980
APPENDIX "D" (continued)
Effective November 1� 1980 the Employer shall:
Contribute $ .30 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 covered by
this Agreement, to a Union designate Annuity-Fund ���� �f Z3��
� /� ,
S V���I� M�e�b� 1"�.�S f 0►1 �vn s'�
s- �-T
The EI�LOYER shall establish Workman's Compensation and Unemployment
Compensation programs as required by Minnesota Statutes.
�
Participating employees as defiaed in Articles 12.3, 12.4 and 12.5 covered
by this AGREEMENT shal.l not be eligible for, governed by, or accumulate
vacation, sick leave, holiday, funeral leave, �ury duty, or insurance fringe '
� benefits that are or may be established by Personnel Rules, Council Ordinance, •
or Council Resolution. � '
�
. The II�LOYER'S fringe benefit obligation to participating employees covered
by this AGREEMENT, as defined in Articles 12.3, 12.4 and 12.5 is limited solely
to the contributions and/or deductions established by this AGREEMENT. The
sctual level of benefits provided to employees shall be the responsibility
of the trustees cf the various funds to which'the EN�LOYER has forwarded
contributions and/or deductions.
— D2 — ' •
APPIIv'DIX E
Pocket Tool Punch and Belt
6" Rule
9" or 10" Alu�inum Level
8" Side Gutters
Cri.mping Tonl
10" Crescent Wrencr.
Cc�nbination Box-Open End Wrenches 3/8" - 3/4"
Socket Set of equivalent sizes
Co1d Chisel and Center Punch
Taps 6/32 - 8/32 - 10/32 - 10/24 - I/4 20
Tap Wrench
File Rasp 12" 1/2 Round and Rat Tail
Hack Saw 12" �lade
Screw Drivers 4" - 8" - 12" Reg. S1ot and �" and 6" Phillips
Flashlight
Tester, 60D v. Solenoid Type
Combinatian Square
Knif e
Long Nose Plier
Diag�nal Cutting �liers
2 Pair Cb.annel Locks
14" Pipe Wr�nch or Cha�n Wrench
Allen Wrench.es
Hammer, Ball Peen '
- El -
.
APPF.?�1DIX E (CQNTIPNED)
Scratch Awl
Drills - in accordance k�ith TaP sizes 9/32 and 3/8
Fuse Puller
Angle Screw Driver
Tool Box to hold the above tools
The F,1�Il'LOYER shall furnish all other necessary tools or equipment.
P�nployees will be held responsible for tools or equipment issued to them,
providir_g the F.Pg'LOYER furnishes the necessary lockers, "gang box" or
other safe place for storage.
The II�LOYER s;�all replace with similar tools of equal value and quality
any of the above listed tools which are turned in by an employee which arP no
longer serviceable because of wear or breakage, providin� the employee has been
esployed for nine (9) cont�nuous moreths or more.
- E2 -
APPENDIX F
WORKING CONDITIONS FOR SENIOR ELECTRICAL INSPECTORS
AND ELECTRICAL INSPECTORS
As a result of the 1974 settlement, the Parties ha.ve established
craft-determined rates for Senior Electrical Inspectors and for
Electrical Inspectors, with the specific understanding that such
agreement is restricted to establishing rates of pay for such clas-
sifications.
It is, consequently, agreed that the Employer in applying Article III -
Ei�LOYER RIGHTS - of the r3AINTENANCE LABOR AGREEMENT, shall have the
right to operate the Department in the same manner as heretofore,
with manag�ent rights unaffected, and that the establishment of
separate rates for these classifications as well as for Inspector
classifications in other Bargaining Units, may not result in disputes
over assigrnnents or over rates of pay for work performed, nor will
any 3urisdictional clai.ms or restrictions be asserted by the Union
because members of various Inspector classifications are assigned to
work which is also performed by other Inspector classifications.
- Fl -
.� °�---
� ����'��tl�
1980
MAINTENANCE LABOR AGREEMENT
- between -
INAEPENDENT SCHOOL DISTRICT N0. 625
- and -
IINITID ASSOCIATION
PIPEFITTERS LOCAL UNION N0. 455
INDEX
ARTICLE TITLE PAGE
Preamble iii
I Purpose 1
II Recognition 2
III Employer Rights 3
IV Union Rights 4
V Scope of the Agreement 5
VI Probationary Periods 6
VII Philosophy of Employment and Compensation 7
VIII Hours of Work g
IX � Overtime g
X Call Back 1Q
XI Work Location iZ
XII Wages 12
XIII Fringe Benefits 14
XIV Selection of Foreman and General Foremaa 15
XV Retirement 16
XVI Holidays i7
XVII Disciplinary Procedures 18
XVIII Absences From Work Z9
XIX Seniority 20
XX Jurisdiction 21
XXI Separation 2z
XXII Tools 23
�IXIII Grievance Procedure 24
XXIV Right of Subcontract 29
XXV Non-discrimination 30
XXVI Severability 3Z
XXVII Waiver 3�
RXVIII Mileage - Independent School District No. 625 33
XXIX Duration and Pledge 34
Appendix A �
APPendix B B1
Appendix C C1
Appendix D D1
APPendix E EI
- ii -
P R E A M B L E
This AGREEMENT is entered into between Independent School District
No. 625, hereinafter ref erred to as the EMPLOYER and the United Association
Pipefitters Local Union No. 455, hereinafter referred to as the UNION.
The II�IPLOYER and the UNION concur that this AGREEMENT has as its
ob�ective the promotion of the responsibilities of the City of Saint Paul.
for the benefit of the general public through effective Iabor management
cooperation.
The EMPLOYER and the UNION both realize that this goal depends not
only on the words in the AGREIIKENT but rather primarily on attitudes between
people at all levels of responsibility. Constructive attitudes of the
EMPLOYER, the UNION, and the individual employees will best serve the needs
of the general public.
- iii -
ARTICLE I - PURPOSE
1.1 The EMPLOYER and the UNION agree that the purpose for entering into
this AGREEMIIvT is to:
1.11 Achieve orderly and peaceful. relations, thereby
establishing a system of uninterrupted operations
and the highest 1eve1 of employee performance that
is consistent with the safety and well-being of
all concerned;
1.12 Set forth rates of pay, �hours of work, and other
conditions of employment as have been agreed upon
by the F,MPLOYER and the UNION;
1.13 Establish procedures to orderly and peacefully
resolve disputes as to the application or inter-
pretation of this AGREENIENT without loss of manpower
productivity.
1.2 The EMPLOYER and the UNION agree that this AGREIIKFNT serves as a
supplement to legislation that creates and directs the II+�LOYER. If
any part of tbis AGREF�SENT is in conflict with such legislation, the
latter shall prevail. The parties, on written notice, agree to
negotiate tha.t part in conflict so that it conforns to the statute
as provided by Article 26 (SEVERABILITY) .
- 1 -
ARTICLE II - RECOGNITION
2.1 The II�IPLOYER recognizes the UNION as the exclusive representative
for collective bargaining purposes for all personnel having an
employment status of regular, probationary, provisional, temporary,
and emergency employed in the classes of positions defined in 2.2
as certified by the Bureau of Mediation Services in accordance with
Case No. 73-PR-480-A dated April 16, 1973.
2.2 The classes of positions recognized as being exclusively represented
by tlze UNION are as Iisted in Appendix A.
- 2 -
ARTICLE III - EMPLOYER RIGHTS
3.1 The EMPLOYER retains the right to operate and manage all manpower,
facilities, and equipment; to establish functions and programs;
to set and amend budgets; to determine the utilization of technology;
to establish and modify the organizational strueture; to select,
direct, and determine 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 FJhiPLOYER to eliminate, modify, or
establish following written notification to the UNIQN.
- 3 _
ARTICLE IV - LTIvION RIGHTS
4.1 The EMPLOYER shall deduct from the wages of em�loyees who authorize
such a deduction in writing an amount necessary to cover monthly
UNION dues. Such monies deducted shall be remitted as directed by
the UNION.
4. 11 The EMPLOYER shall not deduct dues from the wages of
employees covered by this AGREEMENT for any other labor
organization.
4.12 The UNION shall indemnify and save harmless the
E1�LOYER f rom any and all c].aims or charges made
against the EMPLOYER as a result of the i.mplementation
of this ARTICLE.
4.2 The UNTON may designate one (1) employee from the bargaining unit to
act as a Steward and shall inform the II�LOYER in writing of such
designation. Such employee shall have the rights and responsibilities
as designa.ted in Article 23 (GRIEVANCE PROCEI3URE) .
4.3 Upon notification to a designated II�iPLOYER supervisor, the Business
Mana.ger of the UNION, or his designated representative shall be permitted
to enter the facilities of the EMPLOYER where employees covered by this
AGREEMENT are working.
- 4 -
ARTICLE V - SCOPE OF THE AGREEMENT
5.1 This AGREEMENT establishes the "terms and conditions of e�ployment"
def ined by M.S. 179.63, Subd. 18 for all employees exclusively
represented by the UNION. This AGREEMENT shall supersede such •
"terms and conditions of employment" established by Civil Service
Rule, Council Ordinance, and Council Resolution.
- 5 -
ARTICLE VI = PROBATIONARY PERIODS
6.1 Al1 personnel, originally hired or rehired following separation, in
a regular employment status shall serve a six (6) nonth's probationary
period during which time the employee's fitness and ability to perform
the class of positions' duties and responsibilities shall be evaluated.
6.11 At any time during the probationary period an employee may
be terminated at the discreti.on of the E[�IPLOYER without
appeal to the provisions of Article 23 (GRIEVANCE
PROCEDURE) .
6.12 An employee terminated during the probatiana.ry period sha.11
receive a written notice of the reason(s) for such termina-
tion, a copy of which shall be sent to the UNION.
6.2 All personnel promoted to a higher class of pos.itions shall serve a six
(6) months' promotional probationary period during which time the employee`s
f itness and ability to perform the class of positions' duties and responsi-
vilities shall be evaluated.
6.21 At any time during the promotional probationary period an
employee may be demoted to the employee's previousZy held
class of positions at the discretion of the IIKPLOYER without
appeal to the provisions of Article 23 (GRIEVANCE PROCEDURE) .
6.22 An employee demoted during the promotional probationary
period shall be returned to the employeets previously held
class of positions and shall receive a written notice of
the reasons for demotion, a copy of which shall be sent to the
ITN ION. --
- 6 -
ARTICLE VII - PHILOSOPHY OF EMPLO�tfi1ENT AiQD COMPENSATION
7.1 The EMPLOYER and the UNION are in full agreement that the philosophy
of employnent and compensation shall be a "cash" hourly wage and
"indu5try" fringe benefit system.
7.2 The EMPLOYER shall compensate employees for all hours worked at the
basic hourly wage rate and hourly fringe benef it rate as found in
Articles 12 (WAGES) and 13 (FRINGE BENEFITS) .
7.3 No other compensation or fringe benefit shall be accumulated ar
earned by an employee except as specifically provided for in this
AGREEMENT: except those employees who have individually optioned
to be "grandfathered" as provided by 12.2.
- 7 -
..�.,,,
. ARTICLE VIII - HOURS OF WORK '
8.1 The normal work day shall be eight (8) consecutive hours ger day, excluding
a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m.
8.2 The normal work week shall be five (5) consecutive normal work days Monday
through Friday.
$.3 If, during the term of this AGREEMENT, it is necessary in the E�iPLOYER'S
judgment to establish second and third shifts or a work week of other than
Mor�day through Friday, the UivION agrees to enter into negotiations
immediately to establish the conditions of such shifts and/or work weeks.
8.4 This section shall not be construed as, and is not a guarantee of, any hours
of work per normal work day or per normal work week.
8.5 All employees shall be at the location desigr�.ated by their supervisor, ready
for work, at the established starting ti�e and shall remain at an assigned work
location until tihe end of the established work day unless otlnerwise directed
by their supervisor.
8.6 All employees are subject to call-back by the �iPLOYF.F� as provided by
Article 10 (CALL BACK) . ,
8.7 Employees reporting for work at the established startzng 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 Liome, or during the previous work day.
8.8 Standby. Any Refrigeration, Gas and Oil Serviceaan who is required to be.
available for emergency service work on weekends and bolidays shall be
guaranteed work or wages and fringes equivalent to:
40 minutes for Friday nights
80 minutes for Saturday and SatLrday night
$0 minutes for Sunday and Sunday night
or
80 minutes for any holiday and holiday
night o£ such 24 hour shift.
All of the above at time and one-half rate. Zf the employee is called in for
work, the above ti.me shall be a part of, not in addition to, the time worked.
- 8 -
ARTICLE IX - OVERTIME
9.1 All overtime compensated for by the EMPLOYER must rece�ve grior authori-
zation from a designa,ted EI�'LOYER supervisor. No overtime work claim will
be honored for payment or credit unless approved in advance. An overtine
claim will not be honored, even though shown on the time card, unless the
required advance approval has been obtained.
9.2 The overtime rate of one and one-hal� (1?g) the basic hourly rate shall be
paid for work performed under the following circumstances:
9.21 Time worked in excess of eight (8) hours in any one
normal work day and,
9.22 Time worked on a sixth (6th) day following a normal
work week.
9.3 The overtime rate of two (21 times the basic hourly rate shall be paid
for work perfomred under the following circumstances:
9.31 Time worked on a holiday as defined in Article 16
(HOLIDAYS�;
9.32 Time worked on a seventh (7th) day foll.owing a
normal work week; and
9.33 Time worked in excess of twelve (12) consecutive hours in
a twenty-four (24) hour period, provided, that all
"emergency" work required by "Acts of God" shall be
compensated at the rate of one and one-half (1'�) .
9.4 For the purposes of calculating overtima compensation overtime hours worked
shall not be "pyramided", compounded, or paid twice for the same hours
worked.
9.5 Overtiiae hours worked as provided by this ARTICI;E shall be paid in cash.
- 9 -
ARTICLE X - CALL BACK
1Q.1 The EMPLOYER retains the right to call back employees before an
employee has started a normal work day or normal work week and
after an employee has conpleted a normal work day or normal work
week.
10.2 Employees called back shall receive a minimum of four (4) hours
pay at the basic hourly rate.
10.3 The hours worked based on a call-back shall be compensated in
accordance with Article 9 (OVERTIME) , when applicable, and subject
to the minimum established by 10.2 above.
10.4 Employees called back four (4) hours or less prior to their normal
work day shall complete the normal work day and be compensated only
for the overtime hours worked in accordance with Article 9 (OVERTIME) .
- 10 -
ARTICLE XI - WORK LbCATION
11.1 Employees shall report to work location as assigned by a designated
II�LOYER supervisor. During the normal work day employees may be
assigned to other work locations at the �iscretion of the II�LOYER.
11.2 Employees assigned to work locations during the normal work day,
other than their original assignment, and who are required to furnish
their own transportation shall be compensated for miZeage.
- 11 -
ARTICLE XII - WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be paid
for all hours worked by an employee.
12.2 Employees who are covered by the fringe benefits listed below shall
continue to be covered by such benefits. They shall be subject to alI
other provisions of the AGREEMENT, but shall not have hourly fringa benefit
contributions and/or deductions made on their behalf as provided £�r by
Article 13 (FRINGE BENEFITS�..
12.21 Insurance benefits as established by City of Saint Paul
Resolutions.
12.22 Sick Leave as established by Res4lution No. 3250, Section 20.
12.23 Vacation as established by Resolution No. b446, Section I,
Subdivision H, however, employees in this bargaining unit,
covered by this vacation provision, shall be granted vacation
at the rate of 160 hours in each calendar year: Employees
earning vacation in excess of 160 hours per year on the date
of the signing of this Agreement, shall continue to earn
vacation at the rate at which they are earning vacation on
the date of the signing of tbis Agreement.
12.24 Nine (9� legal holidays as established by Resolution No.
6446, Section I, Subdivision I.
12.25 Severance benefits as established by the School District's
Severance Pay Plan with a maximum payment of $4,000.
12.26 The II�PLOYER will for the period of this AGREEMENT provide
for employees who are eligible for the City's Health and
Welfare benefits and who retire af ter the time of execution
of this AGRE�ir�1T or who have retired since April 1, 1975,
and until such employees reach sixty-five (65) years of age
such health insurance benefits as are provided by the II�II'LOYER.
- 12 -
�
ARTICLE XII - WAGES (continued)
12.27 In order to be eligible for the benefits under the provision of
12.26 the EMPLOXEE must:
12.27.1 Be receiving benefits from a public employee
retiree act at the time of retirement.
12.27.2 Have severed his relationship with the City of
Saint Paul under one of the early retiree plans.
12.27.3 Inform the Personnel Off ice of the City of Saint
Paul in writing within 60 days of employee's early
retirement date that fie or she wishes to be eligible
for early retiree insurance benefits.
12.3 Regular employees not covered by the fringe benefits listed in Article I2.2
shall be considered, for the purposes of this AGREEMENT, participating
employees and shall be compensated in accordance with Article 12.1 (WAGES)
and have fringe benefit contributions and/or deductions made on their behalf
as provided for by Article 13 (FRINGE BENEFITS� .
12.4 Provisional, temporary, and emergency employees sha.11 be considered, for
the purposes of ttiis AGREENIENT, participating employees and shall be com-
pensated in accordance witlz Article 12.1 (WAGES) and h.ave friage benaf it
contributions and/or deductions made in their behalf as provided for by
Article 13 (FRINGE BENEFITS�_.
12.5 All regular employees employed after February 15, 1974, shall be cansidered,
for the purpose of this AGREII�IENT, participating employees and shall be
compen,sated in accordance with Article 12.1 (WAGES) and have fringe benefit
contributions and/or deductions made on their behalf as provided for by
Article 13 (�RINGE BENEFITS� .
- .13 -
ARTICLE XIII - FRINGE BENEFITS
13.1 The F�iPLOYER shall make contributions on behalf of and/or make
deductions from the wages of employees covered by this AGREEMENT
in accordance G�ith Appendix D for all hours worked.
- 14 - .
ARTICLE XIV - SELECTIODI OF FOREMAN AND GENERAL FORIIKA.N
14.1 The selection of personnel for the class of position Pipefitter
Foreman shall remain solely with the EI�LOYER.
14.2 The class of position Pipefitter Foreman shall be filled by employees
of the bargaining unit on a "temporary assigr�ment".
14.3 All "temporary assignments" shall be made only at the direction of a
designated II�IPLOYER supervisor.
14.4 Such "temporary assigr�ments" shall be made only in cases where the
class of positions is vacant for nore than one (1) normal work day.
- 15 -
ARTICLE XV - RETIRII�IIIvT
15.1 All employees shall retire from employment Frith the II�LOYER no
later than the last calendar day of the r.�onth in which an employee
becomes sixty-five (65) years old.
- 16 - :
ARTICLE XVI - HOLIDAYS
26.1 The following nine (9) days shall be designated as holidays:
New Year's Day, January 1
Presidents� Day, Third Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, first Monday in September
Columbus Day, second Monday in October
VeteransT Day, November 11
Thanksgiving Day, fourth Thursday in Novenber _
Christmas Day, December 25
16.2 When New Year�s Day, Independence Day or Christmas Day falls on. a
Sunday, the following Monday shall be considered the designated holiday.
When any of these three (3) holidays falls on a Saturday, the greceding
Friday shall be considered the designated holiday.
16.3 The nine (9�. fiolidays shall be considered non work days.
16.4 If, in tlie ,judgment of the EMPLOYER, personnel are necessary for
operating or emergency rea.sons, employees may be scheduled or
"called back" in accordance with Article 10 (CALL BACK) .
16.5 Employees working on a designated holiday shall be compensated at the
rate of two (2). times the basic hourly rate for all hours worked.
_16.6 In the case of Board of Education employees, if Presidentst Day,
Columbus Day, or yeterans� Day falls on a day when school is in session,
the employees shall work that day at straight time and another day shal.l
be designated as the holiday. This designa.ted holiday shall be a day
on which school is not in session and shall be determined by agreement
between the employee and his supervisor.
- 17 -
� / ' � .r+s..-
ARTICLE XVII - DISCIPLINARY PROCEDURES
17.1 The II�iPLOYER shall have the right to impose disciplinary actions on
employees for just cause.
17.2 Disciplinary actions by the E1�ff�L0YER shall include only the following
actions:
17.21 Oral reprimand.
17.22 Written reprimand.
17.23 Suspension.
17.24 Demotion.
17.25 Discharge.
17.3 Employees who are suspended, demoted, or discharged shall have the
right to request that such actions be reviewed by the Civil Service
Commission or a designa.ted Board of Reuiew. The Civil Service Commission,
or a designated Board of Review, shall be the so1.e and exclusive mea.ns
of reviewing a suspension, demotion, or discharge. 13o appeal of a
suspension, demotion, or discharge sha.11 be censidered a "grievance"
for the purpose of processing through the prov�sions of Article 23
(GRIEVANCE PROCEDURE) .
- 18 -
ARTICLE XVIII - ABSENCES FROM WORK
18. 1 Employees who are unable to report for their normal work day have
the responsibility to notify their supervisor of such absence as
soon as possible, but in no event later than the beginning of such.
work day.
18.2 Failure to ma.ke such notification may be grounds for discipline as
provided in Article 17 (DISCIPLINARY PROCIDURES) .
18.3 Failure to report for work without notification for three (3)
consecutive normal work days may be considered a "quit" by the
II�LOYER on the part of the emgloyee.
- 19 -
, ARTICLE XIX - SENIORITY
19.1 Seniority, for the purposes of this AGREEMET7T, shall be def ined as
follows:
19. 11 '�:aster Seniority" - The length of continuous regular
and probationary service with the II�LOYER from the
last date of employment in any and alI class titles
covered by this AGREIIKENT.
19.12 "Class Seniority" - The length of continuous regular
� and probatioaary service with the EMPLOYER from the
date an employee was first appointed to a class title
covered by this AGREEMENT.
19.2 Seniority shall not accumulate during an unpaid Ieave of absence,
except when such a leave is granted for a period of less than thirty
(30) calendar days; is granted because of illness or in�ury; is
granted to allow an employee to accept an appointment ta the
unclassified service of the EMPLOYER or to an elected or appointed
full-time position with the UNION.
19.3 Seniority shall terminate when an employee retires, resigns, or is
discharged.
19.4 In the event it is determined by the F.MPLOYER that it is necessary to
reduce the work force employees will be laid off by class title within
each department based on inverse length of "Class Seniority". Employees
laid off shall have the right to reinstatement in any Iower-pafd class
title, provided, employee ha.s greater "Master Seniority" than the
employee being replaced. .
19.5 The selectior. of vacation periods shall be made by class titZe based on
length of "Class Seniority", sub3ect to the approval of the II�LOYIIt.
- 20 -
...�.
ARTICLE �Y - JURISDICTION
20.1 Disputes concerning work jurisdiction between and among unions is
recognized as an appropriate subject to determination by the various
unions representing employees of the F2'�PLOYER.
20.2 The II�iPLOYER agrees to be guided in the assignment of work �uris-
diction by any mutual agreements between the unions involved.
20.3 In the event of a dispute concerning the performance or assignment of
work, the unions involved and the II�LOYER shall meet as soon as mutual.ly
possible to resolve the dispute. Nothing in the foregoing shall restrict
the right of the ENIPLOYER to accomplish the work as originally assigned
pending resolution of the dispute or to restrict the F.t�'LOYER'S basic
right to assign work.
20.4 Any employe� refusing to perform work assigned by the EMPLOYER and as
elarified by Sections 20.2 and 20.3 above shall be subject to disciplinary
action as provided in Article 17 (DISCIPLINARY PROCIDURES) .
20.5 There shall be no work stoppage, slow down, or any disruption of work
resulting from a work assigrnnent.
- 21 -
ARTICLE XXI - SEPAR.ATION
21.1 Employees having a probationary or regular employment status shall
be considered separated from employment based on the following
actions:
21.1I Resignation. Employees resigning from employment
shall give written notice fourteen (14) calendar
days prior to the effective date of the resignation.
21.12 Retirement. As provided in Article I5.
21.13 Discharge. As provided in ArticZe I7.
21.14 Failure to Report for Duty. As provided in Article 18.
21.2 Emplayees having an emergency, temporary, or provisional employment
status may be terminated at the discretion of the IIKPLOYER before the
completion of a nornal work day.
- 22 -
ARTICLE XXII - TOOLS
22.1 All employees shall personally provide themselves with the tools
of the trade as listed in Appendix B.
- 23 -
ARTICLE XXIII - GRIEVANCE PROCIDURE
23.1 The EMPLOYER shall recognize Stewards selected in accordance with tiNIQN
rules and regulations as the grievance representative of the bargaining
unit. The UNION shall notify the EMPLOYER in writing of the names of
the Stewards and of their successors when so named.
23.2 It is recognized and accepted by the EMPLOYER and the UNION that the
processing of grievances as hereinafter provided is Iimited by the 3ob
duties and responsibilities of the employees and shall therefore be
accomplished during working hours only when consistent with such employee
duties and responsibilities. The Steward involved and a grieving employee
shall suffer no loss in pay when a grievance is processed during working
hours, provided, the Steward and the employee have notified and received
the approval of their supervisor to be absent to process a grievance and
that such absence would not be detrimental to the work programs of the
II�LOYER.
23.3 The procedure established by this ARTICLE shall be the sole and ea�clusive
procedure, except for the appeal of disciplinary actioa as provided by
17.3, for the processing of grievances, which are definad as an alleged
violation of the terms and conditions of this AGREEMENT.
23.4 Grievances sha.11 be resolved in conformance with the following procedure:
Step 1. Upon the occurrence of an alleged violation of this
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
- 24 -
• • .,....
ARTICLE XXIII - GRIEVANCE PROCIDURE (continued)
to the e�ployee's satisfaction by the informal discussion
it may be reduced to writing and ref erred to Step 2 by
the UIvION. The written grievance sha1l set forth the
nature of the grievance, the facts on which it is based,
the alleged section(s) of the tiGREEMENT violated, and
the relief requested. Any alleged violation of the
AGREEMINT not reduced to writing by the UNION within
seven (7) calendar days of the first occurrence of the
event giving rise to the grievance or within the use of
reasonable diligence shauld 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 Steward and attempt to resolve the grievance. If,
as a result of this meeting, the grievance remains unresolved,
the EMPLOYER shall reply in writing to the U13ION within three
(3). calendar days following this meeting. The UNION may re€er
the grievance in writing to Step 3 within seven (7) calendar
days following receipt of tfie II�LOYER'S written answer. Any
grievance not referred in writing by the U1�iI0N within seven (Z)
calendar days following receipt of the F�LOYER'S answer shall
be considered waived.
- 25 -
ARTICLE XXIII - GRIEVANCE PROCIDURE (continued)
Step 3. Within seven (7) calendar days following receipt of a
grievance ref erred from Step 2 a designated IIKPLOYER
supervisor shall meet with the UNION Business Manager
ar his designated representative and attempt to resolve
the grievance. Within seven (7) calendar days following
this meeting the EMPLOYER shall reply in writing to the
� t}NION stating the II�LOYER'S answer concerning the
grfevance. If, as a result of the written response
tiYe 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 £ollowing receipt of the F.MPLOYER'S
answer shall be considered waived.
Step 4. If the grievance remains unresolved, the UNION may
within seven (7) calendar days after the response of
tfie II�LOYER in Step 3, by written notice to the
EI�LOYER, request arbitration of the grievance. The
arbitration proceedings shall be conducted by an
arbitrator to be selected by mutual agreement of the
ENIPLOYER and the UNION within seven (7) calendar days
after notice has been given. If the parties fail to
mutually agree upon an arbitrator within the said
seven (.7� day period, either party may request the
Public Employment Relations Board to submit a panel
of five (5� arbitrators. Both the II�LOYER and the
- 26 -
ARTICLE XXIII - GRIEVANCE PROCIDURE (continued)
UI3ION shall have the right to strike two (2)
names from the panel. The UNION shall strike
the f irst (lst) name; the EMPLOYER sha11 then
strike one (1) name. The process kTill be
repeated and the remaining person shall be the
arbitrator.
23.5 The arbitrator shall have no right to amend, modify, nullify, ignore,
add to, or subtract from the provisions of this AiGREEMENT. The
arbitrator shall consider and decide only the specific issue submitted
in writing by the II�LOYER and the UNION and shall have no authority
to make a decision on any other issue not so submitted. The arbitrator
shall be without power to make decisions contrary to or inconsistent with
� or �nodifying or varying in any way the application af Iaws, rules or
regulations ha.ving the force and effect of law. The arbitrator's
decision shall be submitted in writing within thirty (30) days following
close of the hearing or the submission of briefs by the parties, whichever
be later, unless the parties agree to an extension. The decision shall
be based solely on the arbitrator's interpretation or application of the
express terms of this AGREIIKENT and to the facts of the grievance
presented. The decision of the arbitrator shall be final and binding
on the EMPLOYER, the UNION and the employees.
- 27 -
ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
23.6 The fees and expenses for the arbitrator's services and proceedings
shall be borne equally by the Er1PL0YER and the UNION, provided that
each party shall be responsible for compensating its own representative
and witnesses. If either party desires a verbatim record of the
proceedings, it may cause such a reeord to be made groviding it
pays for the record.
23.7 The time limits in each step of this procedure may be extended by
mutual agreement of the F�IPLOYER and the UNION.
- 28 -
�
ARTICLE XXIV - RIGHT OF SUBCONTRACT
24.1 The EMPLOYER may, at any time during the duration of this AGREEMENT,
contract out work done by the employees covered by this AGREEMENT.
In the event that such contracting would result in a reduction of
the work force covered by this AGREEMENT, the EMPLOYER shall give
the UNION a ninety (90) calendar day notice of the intention to
sub-contract.
24.2 The sub-contracting of work done by the employees covered by this
AGREEMENT shall in all cases be made only to employers who qualify
in accordance with Ordinance No. 14013.
- 29 -
• �w
ARTICLE XXV - NON-DISCRIMINATION
25. 1 The terms and conditions of this AGRE�IENT will be applied to
employees equally without regard to, or discrinination for or
against, any individual because of race, color, creed, sex,
age, or because of inembership or non-membership in the UivION.
25.2 Employees will perform their duties and responsibilities in a
non-discriminatory manner as such duties and responsibilities
involve other employees and the general public.
- 30 -
ARTICLE XXVI - SEVERABILITY
26.1 In the event that any provision(s) of this AGREEMENT is declared
to be contrary to law by proper legislative, administrative, or
judicial authority from whose finding, determination, or decree
no appeal is taken, such provision(s) shall be voided. AII other
provisions shall continue in full force and effect.
26.2 The parties agree to, upon written notice, enter into negotiations
to place the voided provisions of the AGREEMENT in compliance
witIz the legislati:ve, admin�.strative, or judieial determina.tion.
- 31 -
ARTICLE XXVII - WAIVER
27.1 The II�LOYER and the iJNION acknowledge that during the meeting
and negotiating which resulted in this AGREEMENT, each had the
right and opportunity to make proposals with respect to any
subject concerning the terms and conditions of employment. The
agreements and understandings reached by the parties after the
exercise of this right are fully and completely set forth in
this AGREEMENT.
27.2 Therefore, the EMPLOYER and the UNION for the duzation of this
AGREEMENT agree tha.t the other party shall not be obligated to
meet and negotiate over any term or conditions of employment
whether specifically covered or not specifically covered by this
AGREII�ENT. The UNION and EMPLOYER may, however, mutually agree
to modify any provision of this AGREE�fENT.
27.3 Any and all prior ordinances, agreements, resolutions, practices,
policies, and rules or regulations regarding the terms and
conditions of employment, to the extent they are inconsistent
w3th this AGREEMENT, are hereby superseded.
- 32 -
ARTICLE XXVIII - MILEAGE - I�'DEPENDENT SCHOOL DISTRICT N0. 625
28.1 Employees of the School District under policy adopted by the
Board of Education may be reimbursed for the use of their auto-
mobiles for school business. To be eligible for such reimburse-
ment, employees must receiva authorization from the District
Mileage Committee utilizing one of the following plans:
PLAN "A" is reimbursed at the rate of 19� per mile.
In addition, a maximum amount which can be paid per
month is established by an estimate furnished by the
employee and the employee's supervisor.
Another consideration for establishing the maxi.mum
amount can be the experience of another working in
the same or similar position.
Under this plan, it is necessary for the employee to
keep a record of each trip made.
PLAN "C" provides for reimbursement based on a per
month "lump sum" arnount. This amount is determined
by the employee's driving experience under Plan "A"
for a period of 3 to 6 months. Those employees
receiving an auto allowance under this plan must
report monthly the number of days the car was avail-
able during the month. A deduction must be made from
the lump sum amount for each day the emplo�ee is
on vacation. A deduction need not be made for an
occasional day of illness or for holiday.
. - 33 -
ARTICLE XXIX - DURATION AIv'D PLEDGE
29.1 This AGREEMENT shall become effective as of the @ate of signing, except
as specifically provided otherwise in Articles 12 and 13, and shall
remain in effect through the 30th day of April 1981, and continue in
effect from year to year thereafter unless notice to change or to
terminate is. given in the sam.e manner provided in 29.2.
29.2 If either party desires to terminate or nodify this AGREIIKENT, effective
as of the date of expiration, the party wishing to modify or termina.te
the AGREEMENT shall give written notice to the other party, not more than
ninety (90) or less than sixty (60) calendar days prior to the expiration
date, provided, that tlze AGREII�IENT may only be so terminated or modified
effective as of the expiration date.
29.3 In consideration of the terms and conditions of employment established
by this AGREEMENT and the recognition that the GRIEVANCE PROCEDURE herein
established is the means by which grievances concerning its appl.ication
or interpretation may be peacefully resolved, the parties hereby pledge
that during the term of the AGREEMENT:
29.31 The UNION and the employees will not engage in, instigate,
or condone any concerted action in which eaployees fa31 to
report for duty, willfully absent themselves from work,
stop work, slow down tHeir work, or absent themselves in
whole or part from the full, faithful performance of
their duties of employment.
29.32 The ENIPLOYER will not engage in, instigate, or condone
any lock-out of employees.
- 34 -
, �.RTICL� YXIX - DL'RATION AND PLEDGE (continued) � '
, � 29.33 This constitutes a tentative agreement between .
. the parties which will be recomr.lended by the
School Board Negotiator, but is sub�ect to •
the approval of the Board of Educat�on and is
also subject to ratification by the UNION.
, AGREED to this f%day of �'7'� , 1980, 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 from the
EMPLOYER and the UNIQN.
WITIvESSES:.
UNITED ASSOCIATION PIPEFITTERS .
INDEPENDENT SCHOOL DISTRICT h0. 625 LOCAL UNION h0. 455 '
BY: -�it� BY:
Sch ol Board Negot�;ator Business Manager
J
� BY: � BY: �'' ' �' f �
Superintendentf ISD 625
' ��Li.iv�1�-�L1?.r� �...P�p .
�
� — 35 -- -
APPENDIX A
The classes of positions recognized by the F�LOYER as being exclusiveTy
represented by the UNION are as follows:
Pipefitter-Foreman
Pipefitter
Apprentice
Refrigeration Inspector
Refrigeration, Gas and Oil Serviceman
Mechanical Inspector
Senior Mechanical Inspector
Gas Burner Inspector
Heating and Pipin,g Inspector
and other classes of positions that may be established by the II�LOYER where
the duties and responsibilities assigned comes within the jurisdiction of the
UNION.
_ � _
APPENDIX B
6' folding ruler
- Bl -
APPENDIX C
The basic hourly wage rates for employees covered by this AGREEMENT shall
be as follows:
RATE EFFECTIVE RATE EFFECTIVE
MAY I, 1980 NOV. 1, 1980
Regular, Probationary and Provisional
Pipef it ter $12.93
Pipefitter Foreman $14.09
Refrigeration, Gas and Oil Serviceman $12.93
Mechanical Inspector $14.09
Refrigeration Inspector $14.09
Temporary and Emergency
Pipefitter* $13.45
Pipefitter Foreman $14.65
Refrigeration, Gas and Oil Serviceman* $13.45
Mechanical Inspector $.14.65
Refrigeration Inspector $14.65
Regular and Probationary Employees
who have been "grandfathered"
Pipefitter $13.1Q $13.12
Pipefitter Foreman $14.10 $14.12
Mechanical Inspector $13.56 $13.58
Senior Mechanical Inspector-Pipef itter $14.19 $14.22
Gas Burner Inspector $13.56 $13.58
Refrigeration Inspector $13.56 $13.58
*The f ollowing shall be applicable to any Apprentices:
0 - 6 months . . . . . . . . . . . . . . . . 50% of Journeyman Rate
7 - 12 months . . . . . . . . . . . . . . . . 55% of Journeyman Rate
13 - 18 months . . . . . . . . . . . . . . . . 60% of Journeyman Rate
19 - 24 months . . . . . . . . . . . . . . . . 65% of Journeyman Rate
25 - 30 months . . . . . . . . . . . . . . . . 70% of Journeyman Rate
31 - 36 months . . . . . . . . . . . . . . . . 75% of Journeyman Rate
37 - 42 months . . . . . . . . . . . . . . . 8Q% of Journeyman Ra.te
43 - 48 months . . . . . . . . . . . . . . . . 85% of Journeyman Rate
49 - 54 months . . . . . . . . . . . . . . . . 90% of Journeyman Rate
S5 - 60 months . . . . . . . . . . . . . . . . 95% of 3ourneyman Rate
- C1 -
APPENDIX D
Effective May 1, 1980, the EMPLOYER shall:
(1) contribute $1.52 per hour from which payroll deductions have
been made for all hours worked by participating employees as
defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT,
to a UNION designated Credit Ur_ion.
(2) contribute $ .57 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 of this
AGREEMENT, to a Health and Welfare �und. Effective November 1,
1980, this contribution shall become $ .58 per hour.
(3) contribute $ .63 per hour for all hours �vorked by participating
employees as defined in Articles 12.3, 12.4 and 22.5 of this
AGREEMENT to the Pension Fund.
(4) contribute $ .06 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 of this
AGREEMENT, to the Journeyman and Apprenticeship Training Fund.
Effective November 1, 198Q, this contribution shall become $ .07
per hour.
(5� contribute $ .O1 per hour for all hours worked by participating
employees as def ined in Articles 12.3, 12.4 and 12.5 of this
AGREEMENT to the Jury Duty Fund. Effective November 1, 1980,
this contribution shall become $ .02 per hour.
All contributions made in accordance with this Appendi�c shall be forwarded to
the �ain City Pipe Traders Service Association.
The EMPLOYER shall establish Worl�an's Compensation and Unemployment
Compensation programs as required by Minnesota Statutes.
- D1 -
APPENDIX D (continued)
The EMPLOYER's fringe benefit obligation to participating e�ployees as
defined in Articl�s 12.3, 12.4 and 12.5 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 ha.s forwarded contributions
and/or deductions.
- D2 -
r
�
APPENDIX E
�r'ORKING CONDITIONS FOR SENIOR MECHANICAL INSPECTORS, MECHANICAL
INSPECTORS, REFRIGERATION INSPECTORS AND GAS BURNER INSPECTORS
As a result of the 1974 settlement, the Parties have established craft-
determined rates for Senior Mechanical Inspectors, Mechanical Inspectors,
Refrigeration Inspectors and Gas Burner Inspectors, with specific under-
standing that such agreement is restricted to establishing rates of pay
for such classifications.
It is, consequently, agreed that the EMPLOYER in applying Article 3 -
EI�LOYER RIGHTS - of the MAINTENANCE LABOR AGREEMENT, shall have the
right to operate the Department in the sam.e manner as heretofore, with
management rights unaffected, and tha.t the establishment of separate
rates for these classifications as well as for Inspector classifications
in other Bargaining Units, may not result in disputes over assignments
or over rates of pay for work performed, nor will any jurisdictional claims
or restrictions be asserted by the UNION because members of various
Inspector classifications are assigned to work whicii is also performed by
other Inspector classifications.
El -
.!• '
1 �
' ;�l��.�'l�
1980
MAINTENANCE LABOR AGREEMENT
- between -
INDEPENDENT SCHOOL DISTRICT N0. 625
- and -
UNITED �SSOCIATION
PLUMBERS LOCAL 34
�
INDEX
ARTICLE TITLE PAGE
Preamble iii
I Purpose 1
TI Recognition 2
III Employer Rights 3
�V Union Rights 4
V Scope of the Agreement 5
VI Probationary Periods 6
VII Philosophy of Fuiployment and Compensation 7
VIII Aours of Work 8
IX Qvertime 9
X Call Ba.ck 10
XI Work Location 11
8II Wages Y2
XIII Fringe Benefits 14
BIV Selection of Foreman and General Foreman 15 .
XV Retix�ent 16
XVI Solidays 17
%VII Disciplinary Procedures 18
XVIII Absences From Work 19
XIX Seniority 20
XX Jurisdiction 21
XXI Separation 22
XXII Tools 2�
XXIII Grievance Procedure 24
XXIV Right of Subcontract 29
XXV Non-discrimination 30
XXVI Severabilitq 31
XXVII Waiver 32
XXVIII Mileage-Independent School District No. 625 33
XXIX Saf ety 34
XXX Legal Services 35
XXXI Duration and Pledge 36
Appendix A A7-
Appendi.x B Bl
Appendix C C1
Appendix D D1
Appendix E E1
- ii -
.
P R E A M B L E
This AGREEMENT is entered into between Independent School District
No. 625, hereinafter ref erred to as the II�PLOYER and the United Association
Plumbers Local 34 hereinafter ref erred to as the UNION.
The II�LOYER and the UNION concur that this AGREEMENT has as its
objective the promotion of the responsibilities of the City of Saint Paul
for the benef it of the general public through effective Iabor-�management
coo�eration.
The EMPLOYER and the UNION both realize that this goal depends not
only on the words in tlie AGREEMENT but rather primarily on attitudes between
people at all levels of responsibility. Constructive attitudes of the II�LOYER,
the. UNION, and the individual employees will best serve the needs of the
general public.
- iii -
ARTICLE I - PURPOSE
1.1 The IIy1PL0YER and the UNION agree that the purpose for entering into
this AGREEMENT is to:
1.11 Achieve orderly and peaceful relations, thereby
establishing a system of uninterrupted operations
and the highest level of employee performance that
is consistent with the saf ety and well-being of
all concerned;
1.12 Set forth rates of pay, hours of work, and other
conditions of employment as have been agreed upon
by the II�lPLOYER and the UNION;
1.13 Establist� procedures to orderly and peacefully
resolve disputes as to the application or inter-
pretation of this AGREF.NIENT without loss of
manpower productivity.
1.2 The II�LOYER 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 legislation, the
latter shall prevail. The parties, oa written notice, agree to
negotiate that part in conflict so that it conforms to the statute
as provided by Article 26 (SEVERABILITY) .
- 1 -
ti
' ARTICLE II - RECOGNITION
2.1 The EMPLOYER recognizes the UNION as the exclusive representative
for collective bargaining purposes for all personnel having an
employment status of regular, probationary, provisional, temporary,
and emergency employed in the classes of positions defined in 2.2
as certified by the Bureau of Mediation Services in accordance with
Case No. 73-PR-527-A dated May 11, 1973.
2.2 The classes of positions recognized as being exclusively represented
by the U.1ION are as listed in Appendix A.
- 2 -
�
ARTICLE III - EriPLOYER RIGHTS
3.1 The EMPLOYER retains the right to ogerate and manage all manpower,
facilities, and equipment; to establish functions and programs;
to set and amend budgets; to determine the utilization of
technology; to establish and modify the organizational structure;
to select, direct, and determine the number of personnel; and to
perform any inherent mana.gerial funetion not specifically limited
by this AGREEMENT.
3.2 Any "term or condition of employment" not established by this
AGREEMENT shall remain with the IIKPLOYER to eliminate, modify, or
establish following written notification to the UNION.
- 3 -
ARTICLE IV - UNION RIGHTS
4.1 The II�LOYER shall deduct from the wages of employees who authorize
such a deduction in writing an amount necessary to cover monthly
UNION dues. Such monies deducted shall be remitted as directed by
the UNION.
4.11 The II�LOYER shall not deduct dues from the wages
of employees covered by tliis AGREEMENT for any other '
�abor organization.
4.12 The UNION shall indemnify and save harmless the
ENIPLOYER from any and all claims or charges made
against the II�'LOYER as a result of the implementation
of this ARTICLE.
4.2 The UNION may designa:te one (1) employee from the bargaining unit to
act as a Steward and shall inform the II�IPLOYER in writing of such
designation. Such employee shall have the rights and responsibilities
as designa.ted in Article 23 (GRIEVANCE PROCEDURE) .
4.3 Upon notification to a designated Ei�LOYER supervisor, the Business
Manager of the UNION, or his designa.ted representative shall be
permitted to enter the facilities of the II�LOYER where employees
covered by this AGREEMENT are working.
- 4 -
ARTICLE V - SCOPE OF THE AGREEMENT
5.1 This AGREEMENT establishes the "terms and conditions of employment"
defined by M.S. 179.63, Subd. 18 for all employees exclusively
represented by the UNION. This AGREEMENT sha.11 supersede such
"terms and conditions of employment" established by Civil Service
Rule, Council Ordinance, and Council Resolution.
- 5 -
' ARTICLE VI - PROBATIONARY PERIODS
6.1 All personnel, originally hired or rehired following separation, in
a regular employment status shall serve a six (6) months' probationary
period during which time the employee's fitness and ability to perform
the class of positions' duties and responsibilities shall be evaluated.
6.11 At any time during the probationary period an employee
may �e terminated at the discretion of the II�LOYER
without appeal to the provisions of Article 23
�.GRIEYANCE PROCIDURE� .
6.I2 An employee terminated during the probationary period
shall receive a written notice of the reasoa(s) for
such termination, a copy of which shall be sent to '
the LTNION.
6.2 All personnel promoted to a higher class of positions shall serve a six
(6� months' promotional probationary period duriag which time the emglayee's
f itness and ability to perform the class of positions' duties and responsi-
bilities shall be evaluated.
6.21 At any time during the promoti,onal probationary period
an employee may be demoted to tbe employee's previously
held class of positions at the discretion of the
ENIPLOYER without appeal to the provisions of Article 23
(GRIEVANCE PROCEDURE) .
6.22 An employee demoted during the promotional probationary
period sha.11 be returned to the employee's previously
held class of positions and shall receive a written
notice of the reasons for demoCion, a copy of which
shall be sent to the Ulti'ION.
- 6 -
� ARTICLE VII - PAILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The II4PLOYER and the UNION are in full agreement that the philosophy
of employment and compensation shall be a "cash" hourly wage and
"industry" fringe benefit system.
7.2 The II�'LOYER shall compensate employees for aIl hours worked at the
basic hourly wage rate and hourly fringe benefit rate as found in
Articles 12 (WAGES) and 13 (FRINGE BENEFITS) .
7.3 No other compensation or fringe benefit shall be accumulated or
earned by an employee except as specifically provided for in this
AGREEMENT; except those employees who have individually optioned
to be "grandfathered" as provided by 12.2.
'
- , -
ARTICLE VIII - HOURS OF WORK
8.1 The normal work day shall be eight (8) consecutive hours per day,
excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m.
and 5:30 p.m.
8.2 The normal work week shall be five (5) consecutive normal work days
Monday through Friday.
8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER'S
�udgment to establish second and third shifts or a work waek of other
than Monday through Friday, the UNION agrees to enter into negotiations
immediately to establish the conditions of such shifts and/or work weeks.
8.4 This section shall not be construed as, and is not a guarantee of, any
hours of work per normal work day or per normal work week.
8.5 All employees shall be at the location designated by their supervisor,
ready for work, at the established starting time and shall remain at an
assigned work location until the end of the established work day unless
otherwise directed by their supervisor.
8.6 All employees are sub3ect to call-back by the II�II'LOYER as provided by
Articla 10 _(CALL BACK) .
8.7 Employees reporting for work at the established starting time and for
whom no work is available shall receive pay for two (2) hours, at the
basic hourly rate, unless notification has been given not to report for
work prior to leaving home, or during the previous work day.
- 8 -
ARTICLE IX - OVERTIPiE �
9.1 Time on the payroll in excess of the normal hours set forth above
shall be "overtime work" and shall be done only by order of the
head of the department. An employee shall be recompensed for work
done in excess of the normal hours by being granted compensatory
time on a time-and-one-ha.lf basis or by being paid on a time-and-
one-half basis for such overtime work. The basis on which such
overtune shall be paid shall be determined solely by the EMPLOYER.
9.2 The rate of one and one-half (1 1/2) the basic hourly rate shall be the
overtime rate for work performed under the following circumstances:
9.21 Time worked in excess of eight (8) hours in
any one normal work day and;
9.22 Time worked on a sixth (6th) day following a
normal work week.
9.3 The rate of two (2) times the basic hourly rate shall be the overtime
rate for work performed under the following circumstances:
9.31 Time worked on a holiday as defined in
Article 16 - (HOLIDAYS) ;
9.32 Time worked on a seventh (7th) day following
a normal work week; and
9.33 Time worked in excess of twelve (12) consecutive
hours in a twenty-four (24) hour period, provided,
that all "emergency" work required by "Acts of God"
shall be compensated at the rate of one and one-half (1 1/2) .
9.4 For the purpose of calculating overtime compensation overtime hours
worked shall not be "pyramided", compounded, or paid twice for the
same fiours worked.
_ 9 -
ARTICLE X - CALL BACK
10.1 The EMPLOYER retains the right to call back employees before an
employee has started a normal work day or normal work week and
after an employee has completed a normal work day or normal work
week.
10.2 Employees called back shall receive a minimum of four (4) hours
pay at the basic hourly rate.
10.3 The hours worked based on a call-back shall be compensated in
accordance wiCh Article 9 (OVERTIME� , when applicable, and sub�ect
to the minimum established by 10.2 above.
10.4 Employees called back four (4) hours or less prior to their nornial
work day shall complete the normal work day and be compensated only
for the overtime hours worked in accordance with Article 9 (OVERTIME) .
- 10 -
� ARTICLE XI - WORK LOCATION
11.I Employees shall report to work location as assigned by a designated
EI�LOYER supervisor. During the normal work day employees may be
assigned to other work locations at the discretion of the II�LOYER.
11.2 Employees assigned to work locations during the normal work day,
other than their original assigxunent, and who are required to furnish
their own transportation shall be compensated for mileage.
- 11 -
ARTICLE XII - WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be
paid for all hours worked by an employee.
12.2 Employees who are covered by the fringe benefits listed belaw shall
continue to be covered by such benefits. They shall be subject to
all other provisions of the AGREEMENT, but shall not have hourly
fringe benefit contributions and/or deductions made on their behalf
as provided for by Article 13 (FRINGE BENEFITS) .
�2.21 Insurance benefits as established by City of Saint Paul
Resolutions.
12.22 Sick Leave as established by Resolution No. 3250, Section 20.
12.23 Vacation as established in Section 1 H of the Salarp Plan and
Rates of Compensation. Rasolution (6446) , however, employees
in this bargaining unit, except Water Meter Serviceman,
covered by this vacation provision, shall be graated vacation
at the rate of 160 hours in each calendar year. Employees
working in the class of Water Meter Serviceman shall be
covered by the vacation scheduled as stated in Section 1 H
of the Salary Plan and Rates of Compensation (6446).
12.24 Nine (9� legal holidays as established by Resolution No.
6446, Section 1, Subdividion I.
12.25 Severance benef its as established by the SchooZ District's
5everance Pap Plan with a maximum payment of $4,000.
12.26 The IIKPLOYER will for the period of this AGRE�IENT provide
for employees working under the title of Water Meter Service-
man who retire af ter the time of execution of this AGREIIKENT
or who ha.ve retired since September 1, I974, and until such
employees reach s�ty-five. (65) years of age such health
insurance benefits as are provided by the IIKPLOYER.
- 12 -
ARTICLE XII - WAGES (continued)
12.27 In order to be eligible for the benefits under the provision
of 12.26 the employee must:
12.27.1 Be receiving benefits from a public employee
retiree act at the tine of retirement.
12.27.2 Have severed his relationship with the City
of Saint Paul under one of the early retiree
plans.
12.27.3 Inform the Personnel Office of the City of
� Saint Paul ix�: writing within 60 days of
employee's early retirement date that he or
sh� wishes to be eligible for early retiree
insurance benefits.
12.3 Regular employees not covered by the fringe benefits listed in Article 12.2
shall be considered, for the purposes of this AGREEMEDTT, participating
emplogees and shall be compensated in accordance with Article 12.1 (WAGES)
and have fringe banefit contributions and/or deductions made on their behalf
as provided for by Article 13 (FRINGE BENEFITS) .
12.4 Provisional, temporary, and emergency employees shall be considered, for the
purposes of this AGREEMENT, participating employees and shall be compensated
in accordance with Article 12.1 (WAGES) and have fringe benefit contributions
and/or deductions made in their beha2f as provided for by Article 13 (FRINGE
SENEFITS) .
12.5 All regular employees employed after February 15, 1974, shall be considered,
for the purpose of this AGREEMENT, participating emgloyees and shall be
campensated ir� accordance with Article 12.1 (WAGES) and have fringe benefit
contributions and/or deductions made on their behalf as provided for by
Article 13 (FRINGE BENEFITS) .
12.6. The provision of Article 12.5 shall not apply to empZoyees working under
the title of Water Meter Serviceman.
- 13 -
� ARTICLE XIII - FRINGE BENEFITS
13.1 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 for all hours worked.
- 14 -
ARTICLE XIV - SELECTION OF FOREMAN AIvTD GENERAL FOREMAN
14.1 The selection of personnel for the class of position Plumber
Foreman shall remain solely with the EMPLOYER.
14.2 The class of position Plumber Foreman shall be filled by employees
of the bargaining unit on a "temporary assignment".
14.3 All "temporary assignments" shall be made only at the direction of a
designated IIKPLOYER supervisor.
14.4 Such "temporary assignments" shall be made only in cases where the
class of positions is vacant for more than one (1) normal work day.
,
- 15 -
� ARTICLE XV - RETIREMENT
15.1 All employees shall retire from employment with the EMPLOYER no
later than the last calendar day of the month in which an employee
becomes sixty-five (65) years old.
.
- 16 -
t1RTICLE XVI - HOLIDAYS
16.1 The following nine (9) days shall be designated as holidays:
New Year's Day, January 1 -
Presidents' Day, Third Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, first Monday in September
Columbus Day, second Monday in October
Veteranst Day, November 11
Thanksgiving Day, fourth Thursday in November
Christmas Day, December 25
16.2 When New Year's Day, Independence Day or Christmas Day falls on a
Sunday, the following Monday shall be considered the designated holiday.
When any of these three (3) holidays falls on a Saturday, the preceding
Friday shall be considered the designated holiday.
16.3 The nine (9) holidays shall be considered non-work days.
16.4 If, in the judgment of the EN�LOYER, personnel are necessary for
operating or emergency reasons, employees may be scheduled or
"called back" in accordance with Article 10 (CALL BACK) .
16.5 Employees working on a designated holiday shall be compensated at the
rate of two (2) times the basic hourly rate for all hours worked.
16.6 In the case of Board of Education employees, if Presidents� Day,
Colianbus Day, or Veterans' Day falls on a day when school is in session,
the employees shall work that day at straight time and another day shall
be designated as the holiday. This designated holiday shall be a day
on which school is not in session and shall be determined by agreement
between the employee and his supervisor.
- 17 -
ARTICLE XVII - DISCIPLINARY PROCEDURES
17.1 The ENIPLOYER shall have the right to impose disciplinary actions on
employees for just cause.
17.2 Disciplinary actions by the II�LOYER shall include only the following
actions:
17.21 Oral reprimand.
17.22 Written reprimand.
17.23 Suspension.
17.24 Demotion.
17.25 Discharge.
17.3 Employees who are suspended, demoted, or discharged shall have the
right to request that such actions be reviewed by the Civil Service
Commission or a designated Board of Review. The Civil Service Co�anission,
or a designa.ted Board of Review, shall be the sole and e�clusive means
of reviewing a suspension, demotion, or discharge. No appeal of a
suspension, demotion, or discharge shall be considered a "grievance"
for the purpose of processing through the provisions of Article 23
(GRIEVANCE PROCEDURE) .
- 18 -
ARTICLE XVIII - ABSENCES FROM WORK
18.1 Employees who are unable to report for their normal work day have
the responsibility to notify their supervisor of such absence as
soon as possible, but in no event later than the beginning of such
work day.
18.2 Failure to make such notification may be grounds for discipline as
provided in Article 17 (DISCIPLINARY PROCEDURES) .
18.3 Failure to report for work without notification for three (3)
eonsecutive normal wor.k days may be considered a "quit" .by the
II�IPLOYER on the part of the employee.
- 19 -
_` ARTICLE XIX - SENIORITY
19.1 Seniority, for the purposes of this AGREEMENT, shall be defined as
follows:
19.11 "Master Seniority" - The length of continuous regular
and probationary service with the EMF'LOYER from the
last date of employment in any and all class titles
covered by this AGREII�NT.
19.12 "Class Seniority" - The length of continuous regular
and probationary service with the EI�LOYER from the
date an employee was first appointed to a class title
covered by this AGREEMENT.
19.2 Seniority shall not accumulate during an unpaid Ieave of absence,
except when such a leave is granted far a period of less than thirty
(30) calendar days; is granted because of illness or injury; is
granted to allow an employee to accept an appointment to the
unclassif ied service of the II+�LOYER or to an elected or appointed
full-time position with the UNION,
19.3 Seniority shall terminate when an employee retires, resigns, or is
discharged.
19.4 In the event it is determined by the EMPLOYER that it is necessary to
reduce the work force employees will be laid off by class title within
each Department based on inverse length of "Class Seniority". Employees
laid off shall have the right to reinstatement in any lower-,paid class
title, prov�ded, employee has greater "Master Saniority" than the
employee being replaced.
19.5 The selection o£ vacation periods shall be made by class title based on
length of "Class Seniority", suhject to the approval of the EMPLOYER.
- 20 -
ARTICLE XX - JURISDICTION
20.1 Disputes concerning work jurisdiction between and among unions is
recognized as an appropriate subject to determination by the various
unions representing employees of the F�iPLOYER.
20.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction
by any mutual agreements between the unions involved.
20.3 In the event of a dispute concerning the performance or assignment of
work, the unions involved and the EMPLOYER shall meet as soon as mutually
possible to resolve the dispute. Nothing in the foregoing shall restrict
the right of the �LOYER to accomplish the work as originally assigned
pending resolution of the dispute or to restrict the II�LOYER'S basic
right to assign work.
20.4 any employee refusing to perform work assigned by the II�iPLOYER and as
clarified by Sections 20.2 and 20.3 above shall be subject to disciplinary
action as provided in Article 17 (DISCIPLINARY PROCEDURES) .
2p.5 There shall be no work stoppage, slow down, or any disruption of work
resulting from a work assignment.
- 21 -
ARTICLE XXI - SEPARATION
21.1 Employees having a probationa.ry or regular employment status shall
be considered separated from employment based on the following
actions:
21.11 Resignation. Employees resigning from employment
shall give written notice fourteen (Z4) calendar
days prior to the effective date of the resignation.
21.12 Retirement. As provided in Article 15.
21.13 Discharge. As provided in Article 17.
21.14 Failure to Report for Duty. As provided in Article 18.
21.2 Employees having an emergency, temporary, or provisional employment
status may be terminated at the discretion of the EMPLOYER before the
completion of a normal work day.
- 22 -
� ARTICLE XXIII - GRIEVANCE PROCEDURE
23.1 The EMPLOYER shall recognize Stewards selected in accordance with UNION
rules and regulations as the grievance representative of the bargaining
unit. The UNION shall notify the EriPLOYER in writing of the names of
the Stewards and of their successors when so named.
23.2 It is recognized and accepted by the EMPLOYER and the UNION that the
processing of grievances as hereinafter provided is limited by the job
duties and responsibilities of the employees and shall therefore be
accomplished during working hours only whan consistent with such employee
duties and responsibilities. The Steward involved and a grieving emgloyee
shall suffer no loss in pay when a grievance is processed during working
hours, provided, the Steward and the employee have notified and received
the approval of their supervisor to be absent to process a grievance and
that such absence would not be detrimental to the work programs of the
II�IPLOYER.
23.3 The procedure established by this ARTICLE shall be the sole and exclusive
procedure, except for the appeal of disciplinary action as provided by
17.3, for the processing of grievances, which are defined as an alleged
violation of the terms and conditions of this AGREEMENT.
23.4 Grievances shall be resolved in conforma.nce with the following procedure:
Step 1. Upon the occurrenee of an alleged violation of this
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
- 24 -
ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
to the employee's satisfaction by the informal discussion
it may be reduced to writing and referred to Step 2 by
the UNION. The written grievance shall set forth the
uature of the grievance, the facts on which it is based,
the alleged. section(s) of the AGREEMENT violated, and
the relief requested. Any alleged violation of the
AGREEMENT not reduced to writing by the UNIQN within
seven t7) calendar days of the f irst occurrence of the
event giving rise to the grievance or within the use af
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 t7� calendar days after receiving the written
grievance a designated II�LOYER supervisor sha.1Z meet with
the UNION Steward and attempt to resolve the grievance. If,
as a result of this meeting, the grievance remains uAresolved,
the EMPLOYER shall reply in writing to the UNION within three
(3� calendar days following this meeting. The UNION may refer
the grievance in writing to Step 3 within. seven �7) caZendar
days following receipt of the F.MPLOYER'S written answer. Any
grievance not referred in writing by the UNION within seven (7)
calendar days following receipt of the II�IPLOYER'S answer shall
be considered waived.
- 25 -
ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
Step 3. Within seven (7) calendar days foZlowing receipt of a
grievance referred from Step 2 a designa.ted IIKPLOYER
supervisor shall meet with the UNION Business Manager
or his designated representative and attempt to resolve
the grievance. Within seven (7) calendar days following
this meeting the II�LOYER shall reply in writing to the
UNION stating the IIKPLOYER'S answer concerning the
grievance. If, as a result of the written response
the grievance remains unresolved, the UNION may refer
the grievance to Step 4. Any grievance not referred
in writing by the UNION to Step 4 within seven (7)
calendar days following receipt of the EMPLOYER�S
answer sha.11 be considered waived.
Step 4. If tiie grievance remains unresolved, the UNION may
witliin seven (7� calendar days after the response of
the F�MPLOYER in Step 3, by written notice to the
II�LOYER, request arbitration o£ the grievance. The
arbitration_ proceedings shall be conducted by an
arbitrator to be selected by mutual agreement of the
FrMPLOXER and the UNIO�I within seven �7� calendar days
af ter notice has been given. If the parties fail to
mutually agree upon an arbitrator witlzin the said
seven (7) day period, either party ma.y request the
Public Employment Relations Board to submit a panel
of f ive (5� arbitrators. Both the II�PLOYER and the
- 26 -
.� ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
UNION shall have the right to strike two (2)
names from the panel. The UNION shall strike
the first (lst) name; the EMPLOYER shall then
strike one (1) name. The process will be
repeated and the remaining person shall be the
arbitrator.
23.5 The arbitrator shall have no right to amend, modify, nullify, ignore,
add to, or subtract from the provisions of this AGREII�NT. The
arbitrator shall consider and decide only the specific issue submitted
in writing by the ENIPLOYER and the UNION and shall have no authority
to make a decision on any other issue not so submitted. The arbitrator
shall be without power to make decisions contrary to or inconsistent with
or modifying or varying in any way the application of laws, rules or
regulations having the force and effect of law. The arbitrator's
decision shall be submitted in writing within thirty (30) days following
close of the hearing or the submission of briefs by the parties, whichaver
be later, unless the parties agree to an extension. The decision shall
be based solely on the arbitrator's interpretation or application of the
express terms of this AGREEMENT and to the facts of the grievance
presented. The decision of the arbitrator shall be final and binding
on the EI�LOYER, the UNION and the employees.
- 27 -
� ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
23.6 The fees and expenses for the arbitrator's services and proceedings
shall be borne equally by the EMPLOYER and the UNION, provided that
each party shall be responsible for compensating its own representative
and witnesses. If either party desires a verbatim record of the
proceedings, it may cause such a record to be made providing it
pays for the record.
23.7 The time limits in each step of this procedure may be extended by
mutual agreement of the EMPLOYER and the UNION.
- 28 -
' ARTICLE XXIV - RIGHT OF SUBCONTRACT
24.1 The EMPLOYER may, at any time during the duration of this AGREEMENT,
contract out work done by the employees covered by this AGREEMENT.
In the event that such contracting would result in a reduction of
the work force covered by this AGREEMENT, the EMPLflYER shall give
the UNION a ninety (90) calendar day notice of the intention to
sub-contract.
24.2 The sub-contracting of work done by the employees covered by this
AGREEMENT shall in all cases be made only to emp].oyers who qualify
in accordance with Ordinance No. 14013.
- 29 -
ARTICLE XXV - NON-DISCRIMINATION
25.1 The terms and conditions of this AGREEMENT will be applied to
employees equally without regard to, or discrimination for or
against, any individual because of race, color, creed, sex,
age, or because of inembership or non-membership in the UNION.
25.2 Employees will perform their duties and responsibilities in a
non-discriminatory manner as such duties and responsibilities
involve other employees and the general public.
- 30 -
� ARTICLE XXVI - SEVERABILITY
26.1 In the event that any provision(s) of this AGREEMENT is declared
to be contrary to law by proper legislative, administrative, or
judicial authority from whose finding, determination, or decree
no appeal is taken, such provision(s) shall be voided. All other
provisions shall continue in full force and effect.
26.2 The parties agree to, upon written notice, enter into negotiations
td place the voided provisions of the AGREEMENT in compliance
with the legislative, administrative, or �udicial determination.
- 31 -
ARTICLE XXVII - WAIVER
27.1 The �IPLOYER and the Ui�1I0N acknowledge that during the meeting
and negotiating which resulted in this AGREII4IENT, each had the
right and opportunity to make proposals with respect to any
subject concerning the terms and conditions of employment. The
agreements and understandings reached by the parties after the
exercise of this right are fully and completely set forth in
this AGREEMENT.
27.2 Therefore, the II�LOYER and the UNION for the duration of this
AGREEMENT agree that the other party shall not be obligated to
meet and nagotiate over any term or conditions of employment
whether specifically covered or not specifically covered by this
AGREEriEIVT. The UNION and EMPLOYER may, however, mutually agree
to modify any provision of this AGREEMENT.
27.3 Any and all prior ordinances, agreements, resolutions, practices,
policies, and rules or regulations regarding the terms and
conditions of employment, to the extent they are inconsistent
with this AGREEMENT, are hereby superseded.
- 32 -
ARTICLE XXVIII - MILEAGE - INDEPENDENT SCHOOL DISTRICT �`625
�8.1 Employees of the School District under policy adopted by the
$oard of Education may be reinbursed for the use of their
automobiles for school business. To be eligible for such
�eimbursement, employees must receive authorization from the
District Mileage Committee utilizing one of the following plans:
YLAN "A" is reimbursed at the rate of 19� per
. mile. In addition, .a maximum amount which can
be paid per month is established by an estimate
furnished by the employee and the employee's
�t�ervisor.
Another consideration for establishing the
maximtzm ataount can be the experience of another
t►orking in tbe same or similar position.
IInder this p1an, it is necessary for the employee
to keep a record of each trip made.
PLAN "C" provides for reimbursement based on a per
month "lump sum" amount. This amount is determined
by the employee's driving experience under Plan "A"
for a period of 3 to 6 months. Those employees
receiving an auto allowance under this plan must
report monthly the number of days the car was avail-
able during the month. A deduction must be made
from the lump sua amount for each day the employee
is on vacation. A deduction need not be made for
an occasional day of illness ar for holiday.
- 33 -
ARTICLE XXIX - SAFETY
29.1 Accident and injury free operations shall be the goal of the EMPLOYER
and EMPLOYEES. To tfiis end the F�SPLOYER and II�LOYEE will, ta the
best of their ability abide by, and live up to the requirements of
the several State and Federal Construction Saf ety Codes and Regulations.
29.2 To this end the IIKPLOYER shall from time to time issue rules or
notices to his EMPLOYEES regarding on the job safety requirements.
Any II�LOYEE violating such rules or notices sha.11 be subject to
disciplinary action. No ENiPLOYEE may be discharged for refusing. to.
work under unsafe conditions.
29.3 Such safety ec�uipment as required by governaental regulations, shall
be provided without cost to the II�PLOYEE. At the II�LOYER'S option,
the II�LOYEES may be required to sign for safety equipment and shall
be obligated to return same upon discharge, layoff, quit or other
termination in comparable condition as when issued, providing reason-
able wear and tear. The IIKPLOYER shall have the right to wifihhold
the cost of such safety equipment if not returned.
23.4 The II�LOYER agrees to pay $10.00 toward the cost of each pair of safety
shoes purchased liy an EMPLOYEE that is a member of this unit. The F�LOYER
sha.11 contribute for the cost of two pair of shoes per year and shall not
be responsible for any additional cost for any additional shoes thereafter.
This reimbursement of $10.00 per pair of shoes shall be made only after
investigation and approval by the immediate supervisor of that employee.
This $10.00 per pair of shoes contribution to be made by the ENNIPLOYER
sI1a11 apply to those employees who must wear protective shoes or boots
for their employment.
- 34 -
ARTICLE XXX - LEGAL SERVICES
30.1 Except in the case of malfeasance in office or willful or wanton neglect
of duty, the EMPLOYER shall defend, save harmless and indemnify an employee
and/or his estate against any claim or demand, whether groundless or
otherwise, arising out of an alleged act or omission in the operatian of
a city-owned motor vehicle occurring in the performance and scope of the
employee's duties.
- 35 -
ARTICLE XXXI - DURATION AND PLEDGE
31.1 This AGREEMENT sha11 become effective as of the date of signing,
except as spec3.fically provided otherwise in f!rticles 12 and 13,
and shall remain in eff ect through the 30th day of April, 1981,
and continue in effect from year to year therea.fter unless notice
to change or to terminate is given in tha nanner provided in 31.2.
31.2 If either party desires to terminate or modify this AGREII�IENT,
effective as of the date of expiration, the party wishing to modify
or terminate the AGREII�SENT sha.11 give written notice to the other
party, not more than ninetq (90� or less than sixty (60) calendar
days prior to the expiration date, provided, that the AGREII�NT
may only be so terminated or modified eff ective as of the expiration
date.
31.3 In consideration of the terms and conditions of employment established
by this AGREE�4ENT and the recognition that the GRIEVAIvCE PROCIDURE
herein established is the means by which grievances concerning its
application or interpretation may be peacefully resolved, the parties
hereby pledge that during the term of tlie AGREIIKENT:
31.31 The UNION and the employees will not engage in,
instigate, or condone any concerted action in
which employees fail to report for duty, willfully
absent themselves from work, stop work, slow down
their work, or absent themselves in wfiole or part
from the full, faithful performance of their duties
of employment. _ -`
- 3b -
� �tTICI.E X.Y,YI - D'JR�TION AIJD PLE�;,E (continucd)
3J..32 The E2•IPLOYER will not engabe in, instigaCe, or
condone any loc�.out of e:;ployees. .
31.33 This constitutes a tentative agreer�ent betkeen
the parties ��hich ��ill be recommended by the �
School Board Negotiatox, but is subject to the
approval of the School Board, the Administration
of the City, and is also subject Co ratification
by the U:IIO�. �
AGP•EED to this �� day af��'. , 1980, and attested to as the full
and conplete understanding of the parties for the period of time herein speei-
fied by the signature of the following representative for the �•iPLOY�,R and the
U;ZION: �
tdlTt�ESSES: '
I2��EPl:��ENT SCHOOL DISTRICT N0. 625 UAIITED AS�OCIATION YLUl`ff;E_S LOC�1L 34
� � � .�' n- _
Schoo Board n'egoti tor s� n�ss Manager
Superintendents Independent
Schoo� District No. 625 �
APPENDIX A
The classes of positions recognized by the IIKPLOYER as being
exclusively represented by the ITi�tION are as follows:
Plu�ber-Foreman
Apprentice
Plumber
Senior Plumbing Inspector
Plumbing Inspector
Plumbing Inspector--Water Department
Water Meter Serviceman
and other classes of positions that may be established by the EME'LOYER
where the duties and responsibilities assigned comes within the
�urisdiction of the UNION.
- A1 -
APPENDIX C �
The basic hourly wage rate for provisional, regular and probationary
employees appointed to the following classes of positions and not receiving
the fringe benefits listed in Article 12.2 shall be:
Effective
6-01-80
Plumber . . . . . . . . . . . . . . . . . . $12.81
Plumber-Foreman . . . . . . . . . . . . . . . $13.96
Ylumbing Inspector. . . . . . . . . . . . . . $I3.96
Plumbing-Inspector-Water Department . . . . . $I3.96
Senior Plumbing. Inspector . . . . . . . . . . $14.73
T�e basic hourly wage rate for temporary and emergency employees
appointed to the following classes of positions shall be:
Effective
6-01-80
Plumber . . . . . . . . . . . . . . . . . . . $13.32
Plumber-Fore�man . . . . . . . . . . . . . . . $14.52
Plutnbing Inspector. . . . . . . . . . . . . . $I4.52
Pltunbing Inspector Water Department . . . . . $14.32
Senior Plumbing Inspector . . . . . . . . . . $15.32
Apprentice
Q - 6 monttzs . . . . . . . . 50Y of Plumber rate
7 - 12 months. . . . . . . . 55% of P1.umber rate
13 - 18 months. . . . . . . . 60% of Plumber rate
19 - 24 montlzs. . . . . . . . 65% of Plumber rate
25 - 30 montfis. . . . . . . . 70% of Plumber rate
31 - 36 �onths. . . . . . . . 75Y of Plumber rate
37 -- 42 months. . . . . . . 8Q% of Plumber rate
43 - 48 montfis. . . . . . . . 85l of �lumber rate
49 - 54 montfis. . . . . . . . 9.0! of Plumber rate
55 - 6.0 months. . . . . . . . 95% of Plumber rate
- Cl -
' •
` APPENDIX C (continued)
The basic hourly wage rate for regular employees appointed to the
following classes of positions who are receiving the fringe benefits listed
in Article 12.2 shall be:
Effective
6-OI-80
Plvmber . . . . . . . . . . . . . . . . . . . $13.06
Plumber-Foreman . . . . . . . . . . . . . . . $14.06
Plumbing Inspector. . . . . . . . . . . . . . $14.06
Pluabing .Inspector-Water Department . . . . . $14.06
Senior Plumbing Inspector . . . . . . . . . . $14.72
The basic hourly wage rate for the class of Water Meter Serviceman
sha11 be:
Effective
' 6-01-80
0 - 6 months of continuous service $9.30
After completion of 6 months of $9.68
continuous service
- C2 -
^ �
APPENDIX D
Effective June 1, 1980, the EMPLOYER shall:
(1) contribute $1.52 per hour from which payroll deductions have
been made for all hours worked by participating employees as
defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT,
to a UNTON designated Credit Union.
(2) contribute $ .70 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 of this
AGREII�NT, to the Health and Welfare Fund.
(3� contribute $ .63 per hour for all hours worked by partici-
pating employees as defined in Articles 12.3, 12.4 and 12.5
of this AGREEMENT, to the Pension Fund.
(4) contribute $ .09 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 of this
AGREII�tENT, to the Journeyman and Apprenticeship Training Fund.
(5) contribute $ .O1 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 of this
AGREEMENT to the Jury Duty Fund.
All contributions made in accordance with this Appendix shall be forwarded to
the Twin City Pipe Traders Service Association.
The Employer shall establish Worl�an's Compensation and Unemployment Compensation
programs as required by Minnesota Statutes.
The II�LOYER'S fringe benefit obligation to participating employees as defined
in Articles 12.3, 12.4 and 12.5 is limited to the contributions and/or deductions
established by this AGREEMENT. The actual level of benefits provided to employees
shall be the responsibility of the Trustees of the various funds to which the
EMPLOYER has forwarded contributions and/or deductions.
- D1 -
/
I . � �• ' . . . . . .
APPENDIX E
WORKING CONDITIONS FOR SENIOR PLUMBING INSPECTORS
AND PLUMBING INSPECTORS
As a result of the 1974 settlement, the Parties have established craft-determined
rates for Senior Plumbing Inspectors and for Plumbing Inspectors, �ith the specific
understanding that such agreement is restricted to established rates of pay far
such classif ications.
It is, consequently, agreed tha.t the Employer in applying Article. 3. IIKPLOYER RIGflfiS -
of the MAINTENANCE LABOR AGREEMENT, shall have the right ta operate the Department
in the same manner as heretofore, with management rights unaffected, and that the
establish*nent of separate rates for these classifications as well as for Inspector
classif ications in other Bargaining Units, may not result in disputes over assign-
ments or over rates of pay for work performed, nor will any jurisdictional claims
or restrictions be asserted by the Union because members of various Inspector classi-
fications are assigned to work which is also performed by other Inspector classi-
f ications.
- El -
.�
� � '
. ,
�����.��f�
1980
MAINTENANCE LABOR •AGREEMENT
- betwaen -
INDEPENDENT SCHOOL DISTRICT NO. 625
- and -
SHEET METAL WORKERS
INTERNATIONAL ASSOCIATION
LOCAL 76
.
INDEX
ARTICLE TITLE p���
Preamble �,�•y
I Purpose �
II Recognition 2
III E�ployer Rights 3
IV Union Rights 4
V Scope of Agreement g
VI Probationary Periods 6 : •
VII Philosophy of Employment and Compensation 7
VIII Hours of Work g
IX Overti�e g
R Call Back 10
XI Work Location j;l
XII Wages ��.
XIII Fringe Benefits 14 .
XIV Selection of Fore�an and General Foreman 15
XV Retirement �6
XVI Holidays ��
XVII Disciplinary Procedures 18
XVIII Absences From Work 19
XIX Seniority 20
XX Jurisdiction 21
XXI Separation 22
XXII Tools 23
XXIII Grievance Procedure 24
XXIV Right of Subcontract Zg
XXV Non-Discri.mination 2g
XXVI Severability 3Q
XXVII Waiver 31
XXVIII Mileage - Independent School District No. 625 32
XXIX Duration and Pledoe 33
Appendix A �
APPend� B B1
Appendix C �
Appendix D D1
- ii -
PREArIBLE
This AGREEMENT is entered into betcaeen Independent School District
No. 625, hereinafter referred to as the F�IPLOYER and the Sheet Metal Workers
International Association Local 76 hereinaf ter referred to as the LTi3IQN.
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�nanagement
cooperation.
The II�LOYER and the UNION both realize that this goal depends not
only on ttse words in the AGREEMENT but rather primarily on attitudes between
people at all levels of responsibility. Constructive attitudes of the El�.'LOYER,
the UNION, and the individual employees will best serve the needs of the
general public.
- iii -
ARTICLE I - PURPOSE
l.l The II�iPLOYER and the UNION agree that the purpose for entering into
this AGREII�fENT is to:
1.11 Achieve orderly and peaceful relations, thereby
establishing a system of uninterrupted operations
and the highest level of employee performance Lhat
is consistent with the safety and well-being of all
concerned;
1.12 Set forth rates of pay, hours of work, and other
conditions of employment as have been agreed upon
by the EMPLOYER and the UNION;
1.13 Establish procedures to orderly and peacefully resolve
disputes as to the application or interpretation of
this AGREENIENT without loss of manpower productivity.
1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a
supplement to legislation that creates and directs the II�IPLOYER. If
any part of this AGREEME�TT is in conflict with such legislation, the
latter shall prevail. The parties, on written notice, agree to negotiate
that part in conflict so that it conforms to the statute as provided by
Article 26 (SEVERABILITY) .
- 1 -
ARTICLE II - RECOGNITION
2.1 The EMPLOYER recognizes the UIv'ION as the exclusive representative
for collective bargaining purposes for all personnel having an
e�ployaent status of regular, probationary, provisional, temporary,
and emergency employed in the classes of positions defined in 2.2
as certified by the Bureau of Mediation Services in accordance
with Case No. 73-PR-513-A dated rlay 15, 1973.
2.2 The classes of positions recognized as being exclusively represented.
by the UNION are as listed in Appendix A.
- 2 -
ARTICLE III - EMPLOYER RIGHTS
3.1 The II�LPLOYER retains the right to operate and manage all manpower,
facilities, and equipment; to establish functions and programs;
to set and amend budgets; to determine the utilization of technology;
to establish and modify the organizational structure; to select,
direct, and determine the number of personnel; and to perform any
inherent managerial function not specifically limited by this
AGREEMENT.
3.2 Any "term or condition of employment" not established by this
AGREEMENT sha.11 remain with the EMPLOYER to eliminate, modify, or
establish following written notification to the UNION.
•
- 3 -
ARTICLE IV - UNION RIGHTS
4.1 The EriPLOYER shall deduct from the wages of employees who authorize
such a deduction in writing an amount necessary to cover monthly
UIQION dues. Such monies deducted shall be remitted as directed by
the UNION.
4.11 The EMPLOYER shall not deduct dues from the wages
of employees covered by this AGREEMENT for any other
labor organization.
4.12 The UNION shall indemnify and save harmless the
EMPLOYER from any and all claims or charges made
against the 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 Steward and shall inform the II�iPLOYER in writing of such
designation. Such employee shall have the rights and responsibilities
as designated in Article 23 (GRIEVANCE PROCEDURE) .
4.3 Upon notification to a designated EMPLOYER supervisor, the Business
Manager of the UNION, or his designated representative shall be
premitted to enter the facilities of the EMPLOYER where employees
covered by this AGREEMENT are working.
- 4 -
ARTICLE V - SCOPE OF TAE AGREEMENT
5.1 This AGREIIKENT establishes the "terms and conditions of employment"
defined by M.S. 179.63, Subd. 18 for all employees exclusively
represented by the U:�IION. This AGREEMENT shall supersede such
"terms and conditions of employment" established by Civil Service
Rule, Council Ordinance, and Council Resolution.
- 5 -
ARTICLE VI - PROBATIONARY PERIODS
6.1 Al1 personnel, originally hired or rehired following separation, in
a regular employment status shall serve a six (6) months' probationary
period during which time the employee's f itness and ability to perform
the class of positions' duties and responsibilities shall be evaluated.
6.11 At any time during the probationary period an
� employee may be terminated at the discretion of the
EMPLOYER without appeal to the provisions of Article 23
(GRIEVANCE PROCEDURE) .
6.12 An employee terminated during the probationary period
shall receive a written notice of the reason(s) for
such termination, a copy of which shall be sent to the
UNION.
6.2 A1I personnel promoted to a higher class of positions sha11 serve a
si.x (6) months' promotional probationary period during which time
the employee's fitness and ability to perform the class of positions'
duties and responsibilities sha.11 be evaluated.
6.21 At any time during the promotional probationary period
an employee may be demoted to the employee's previously
held class of positions at the discretion of the EMPLOYER
without appeal to the provisions of Article 23 (GRIEVANCE
PROCEDURE) .
6.22 An employee demoted during the promotional probationary period
shall be returned to the employee's previously held class of
positions and shall receive a written notice of the reasons for
demotion, a copy of which shall be sent to the UNION.
- 6 -
• ��
ARTICLE VII - PHILOSOPHY OF IIKPLOYMENT AND COMPENSATION
7.1 The F��iPLOYER and the UNION are in full agreement that the philosophy
of employment and compensation shall be a "cash" hourly wage and
"industry" fringe benefit system.
7.2 The EMPLOYER shall compensate employees for alI hours worked
at the basic hourly wage rate and hourly fringe benefit rate as
found in Articles 12 (WAGES) and 13 (FRINGE BENEFITS� .
7.3 No other compensation or fringe benefit shall be accumulated
or earned by an employee except as specifically provided for
in this AGREII�NT; excegt those employees who have individually
optioned to be "grandfathered" as provided by 12.2.
- 7 -
:
ARTICLE VIII - HOURS OF tv�ORK
8.1 The normal work day shall be eight (8) consecutive hours per day,
excluding a thirty (30) minute unpaid lunch period, between 7:00
a.m. and 5:30 p.m.
8.2 The normal work week shall be five (5) consecutive nornal work
days Monday through Friday.
8.3 If, duriag the term of this AGREENIINT, it is necessary in the
EA�LOYER'S judgment to establish second and third shifts or a
work week of other than Monday through Friday, the UNION agrees
to enter into negotiations immediately to establish the conditions
of such shif ts and/or .work weeks.
8.4 This section shall not be construed as, and is not a guarantee of,
any hours of work per normal work day or per normal work week.
8.5 All employees shall be at the location designated by their supervisor,
ready for work, at the established starting time and shall remain
at an assigned work, location until the end of the established work
day unless otherwise directed by their supervisor.
8.6 All employees are subject to call-back by the EMPLOYER as provfded
by Article 10 (CALL-BACK1 .
8.7 Employees reporting for work at the established starting time and
for whom no work is available shall receive pay for two (2) hours,
at the basic hourly rate, unless notification has been given not
to report for work prior to leavin� home, or during the previous
work day.
- 8 -
ARTICLE IX - OVERTIME
9.1 A11 overtime compensated for by the II��PLOYER 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.
9.2 The overtime rate of one and one-half (lz) the basic hourly rate
shall be paid for work performed under the following circumstances:
9.21 Time worked �n excess of eight (8) hours in any one
normal work day and
9.22 Time worked on a sixth (6th) day following a normal
work week.
9.3 The overtime rate of two (2) times the basic hourly rate shall be
paid for work performed under the following circumstances:
9.31 Time worked on a holiday as defined in Article 16
(HOLIDAYS) ;
9.32 Time worked on a seventh (7th) day following a
normal work week; and
9.33 Time worked in excess of twelve (12) consecutive hours
in a twenty-four (24) hour period, provided, that all
"emergency" work required by "Acts of God" shall be
compensated at the rate of one and one-half (12) .
9.4 k'or the purposes of calculating overtime compensation overtime hours
worked shall not be "pyramided", compounded, or paid twice for the
same hours worked.
9.5 Overtime hours worked as pxovided by this ARTICLE shall be paid in cash.
-- g _
:
ARTICLE X - CALL BACK
10.1 The EMPLOYER retains the right to call back employees before an
employee has started a normal work day or normal work week and
after an employee has completed a normal work day or normal work
week.
10.2 Employees called back shall receive a minimum of four (4} hours
pay at the basic hourly rate.
10.3 The hours worked. based on a call-back shall be compensated in
8ccordance with Article 9 (OVERTIME) , when applicable, and subject
to the minimum established by 10.2 above.
10.4 Enployees called back four (4) hours or less prior to their norm.al
work day shall complete the normal work day and be compensated
only for the overtime hours worked in accordance with Article 9
(OVERTIME) .
- 10 -
ARTICLE XI - WORK LOCATION
11.1 Employees shall report to work location as assigned by a designated
EMPLOYER supervisor. During the normal work day employees may be
assigned to other work locations at the discretion of the II�LOYER.
11.2 Employees assigned to work Iocations during the normal work day,
other than their original assignment, and who are required ta €urnish
their own transportation sha.11 be compensated for mileage.
- 11 -
��TICLE XII - WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be
paid for all hours worked by an employee.
12.2 Employees who are covered by the fringe benefits listed below shall
continue to be covered by such benefits. They shall be sub3ect to
all other provisions of the AGREIIKENT, but shall not have hourly
fringe benefit contributions and/or deductions made an their behalf
as provided for by Article 13 (FRINGE BENEFITS) .
12.21 Insurance benefits as established by City of Saint Paul
Resolutions including life, hospital and health insurance
for early retireas who have retired since February l, 1975.
In order to be eligible for the health benefits under the
early retiree provision, the employee must:
12.21.1 Be receiving benefits from a public employee
retirement act at the time of retirement.
12.21.2 Have severed his relationship with the City of
Saint Paul under one of the earZy retiree plans.
1 2.21.3 Inform the Personnel Off ice of the City of
Saint Paul in writing within 60 days of employee's
early retiremenr date that he or she wishes to be
eligible for early retiree insurance benefits.
12.22 Sick Leave as established by Resolution No. 3250, Section 20.
12.23 Vacation as established hy Resolution Ato. 6446, Section I,
Subdivision H, however, employees in this bargaining unit,
covered by this vacation provision, shall be granted vacation
at the rate of 160 hours in each calendar year.
12.24 Nine (9) legal holidays as established by Resolutioa No. 6446,
Section I, Subdivision I.
12.25 Severance benef its as established by the School District's
Severance Pay Plan with a maxim� payment of $4,000.
,- •. - 12 -
ARTICLE XII - WAGES - (continued)
12.3 Regular employees not covered by the fringe benefits Iisted in Artiele
I2.2 shall be considered, for the purposes of this AGREEMENT, participating
employees and shall be compensated in accordance with Article 12.1 (�dAGES)
and have fringe benefit contributions and/ar deductians made on their behalf
as provided for by Article 13 (FRINGE BENEFITS) .
12.4 Provisional, temporary, and emergency employees shall be considered, for
the purposes of this AGREEMENT, participating employees and shall be com-
pensated in accordance with Article 12.1 (WAGES) and have fringe benefit
contributions and/or deductions made in their behalf as provided for by
Article 13 (FRIhGE BENEFITS) .
12.5 All regular employees employed af ter February 15, 1974, shall be considered,
for the purpose of this AGREEMENT, participating employees and shall be
compensated in accordance with Article 12.1 (WAGES) and have fringe benef it
contributions and/or deductions made on their behalf as provided for by
Article 13 (FRINGE BENEFITS) .
- 13 -
ARTICLE XIII - FRINGE BENEFITS
13.1 The EMPLOYER shall make contributions on behalf of and/or
make de@uctions from the wages of employees covered by this
AGREEMENT in accordance with Appendix D for all hours worked.
_ lq ...
ARTICLE XIV - SELECTION OF FORII�IAN AND GENERAL FOREMAN
14.1 The selection of personnel for the class of position Sheet
Metal Foreman shall remain solely with the II�PLOYER.
14.2 The class of position Sheet Metal Foreman shall be filled
by employees of the bargaining unit on a "temporary assignment".
14.3 All "temporary assignments" shall be made only at the direction
of a designated II�'LOYER supervisor.
14.4 Such "temporary assigiunents" shall be made only in cases where
the class of positions is vacant for more than one (1) normal
work day.
.- 15 -
ARTICLE XV - RETIREMENT
15.1 Al1 employees shall retire from employment with the II�LOYER
no later than the last calendar day of the month in which an
employee becomes sixty-five (65) years old.
- 16 -
ARTICLE XVI - HOLIllAYS
16.1 The following nine (9) days shall be designated as holidays:
New Year�s Day, January 1
Presidents' Day, Third Monday in February
Memorial Day, last Monday in rlay
Independence Day, July 4
Labor Day, f irst Monday in September
Columbus Day, second Monday in October
Veterans' Day, November 11
Thanksgiving Day, fourth Thursday in November
Christmas Day, December 25
16.2 When New Year's Day, Independence Day or Christmas Day falls on a
Sunday, the following Monday shall be considered the designated
holiday. When any of these three (3) holidays fa11s on a Saturday,
the preceding Friday shall be considered the designated holiday.
16.3 The nine (9) holidays shall be considered non-work days.
I6.4 If, in the judgment of the EMPLOYER, personnel are necessary for
operating or emergency reasons, employees may be scheduled or
"called back" in accordance with Article 10 (CALL BACK) .
16.5 Employees working on a designated holiday shall be compensated at
the rate of two (2) times the basic hourly rate for aIl hours worked.
16.6 In the case of Board of Education employees, if Presidents' Day, Columbus
Day or Veterans' Day falls on a day when school is in session, the employees
sha11 work that day at straight time and another day shall be designated as
the holiday. This designated holiday shall be a day on e�hich school is not
in session and shall be determined by agreement between the employee and
his supervisor.
- 17 -
ARTICLE XVII - DISCIPLINARY PROCEDURES
17.1 The II�fPLOYER shall have the right to impose disciplinary actions on
employees for just cause.
17.2 Disciplinary actions by the EMPLOYER sha.11 include only the
following actions:
17.21 Oral reprimand
�7.22 Written reprimand
17.23 Suspension
I7.24 Demotion
I7.25 Discharge
17.3 Employees who are suspended, demoted, or discharged shaI.l have the
right to request that such actions be reviewed by the Civil Service
Commission or a designated Board of Review. The Civil Service
Commission, or a designated Board of Review, shall be the sole and
exclusive means of reviewing a suspension, de�otion, or discharge.
No appeal of a suspension, demotion, or discharge shall be considered
a "grievance" for the purpose of processing through the provisions
of Article 23 (GRIEVANCE PROCIDURE) .
- 18 -
ARTICLE XVIII - ASSENCES FROM WORK
18.1 Employees who are unable to report for their normal work day have
the responsibility to notify their supervisor of such absence as
soon as possible, but in no event later than the be$inning of such
work day.
18.2 Failure to make such notification may be ground5 for discipline
as provided in Article 17 (DISCIPLINARY PROCEDURES) .
18.3 Failure to report for work without notification for three (3,)
consecutive normal work days may be considered a "quit" by the
EMPLOYER on the part of the employee.
- 19 - .
ARTICLE XIX - SENIORITY
19.1 Seniority, for the purposes of this AGREII�IENT, shall be defined as
follows:
19.11 "rSaster Seniority" - the length of continuous regular
and probationary service with the EMPLOYER from the
last date of employment in any and all class titles
covered by this AGREEMENT.
19.12 "Class Seniority" - the length of continuous reguZar
and probationary service with the EMPLOYER from the
date an employee was first appointed to a class title
covered by this AGREEMENT.
19.2 Seniority sha21 not .accumulate during an unpaid leaye of absence,
except when such a lea.ve is granted for a period of less than thirty
(30� calendar days; is granted because of illness or injury; is
granted to allow an employee to accept an appointment to the
unclassif ied service of the EMPLOYER or to an elected or appointed
full-time position with the UNION.
19.3 Seniority shall terminate when an employee retires, resigns, or is
discharged.
19.4 In the event it is determined by the II�LOYER that it is necessary to
xeduce the work force employees will be laid off b� class title within
each Department based on inverse length of "Class Seniority." Employees
laid off shall ha.ve the right to reinstatement in any lower-paid class
title, provided, employee has greater "Master Seniority" than the employee
being replaced.
19.5 The selection of vacation periods shall be made by class title based on
length of "Class Seniority", subject to the approval of the IIKPLOYER.
- 20 -
.
ARTICLE XX - JURISDICTION
20.1 Disputes concerning work jurisdiction bet�aeen and among unions is
recognized as an appropriate subject for determination by the various
unions representing employees of the II�LOYER.
20.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction
by any mutual agreements between the unions involved.
20.3 In the event of a dispute concerning the performance or assigvme�nt of
work, the unions involved and the II�LOYER shall meet as soon as mutually
possible to resolve the dispute. Nothing in the foregoing sliall restrict
the right of the II�LOYER to accomplish the work as originally assigned
pending resolution of the dispute or to restrict the II�LOYER'S basic
right to assign work.
20.4 Any employee refusing to perform work assigned by the II�LOYER and as
clarified by Sections 20.2 and 20.3 above shall be sub3ect to disciplinary
action as provided in Article 17 (DISCIPLINARY PItOCEDURES} .
20.5 There sha.11 be no work stoppage, slow down, or any disruption of work
resulting from a work assignment.
- 21 -
ARTICLE XXI - SEPARATION
21.1 Employees having a probationary or regular employment status shall
be considered separate� from employment based. on the following
actions:
21.11 Resignation. Employees resigning from empl.oyment
shall give written notice fourteen (14� calendar
days prior to the effective date of the resignation.
21.12 Retiresnent. As provided in Article 15.
21.13 Disctaarge. As provided in Article 17.
21.14 Failure to Report for Dutv. As provided in Article 18.
21.2 Employees having an emergency, temporary, or provisional employment
atatus may be terminated at the discretion of the EMPLOYER before the
completion of a normal work day.
- 22 -
AP.TICLE XXII - TOOLS
22.1 All employees shall personally provide themselves with the tools
of the trade as listed in Appendix B.
- 23 -
ARTICLE XXIII - GRIEVANCE PROCEDURE
23.1 The EMPLOYER shall recognize Stewards selected in accordance with UNION
rules and regulations as the grievance regresentative of the bargaining
unit. The UAIION shall notify the II�LOYER in writing of the names of
the Stewards and of their successors when so named.
23.2 It is recognized and accepted by the EMPLOYER and the UNION that the
processing of grievances as hereinafter provided is limited by the job
duties and responsibilities of the employees and shall therefore be
accomplished during working hours only when consistent with such
esnployee duties and responsibilities. The Steward involved and a
grieving employee shall suffer no loss in pay when a grievance is pro-
cessed during working hours, provided, the Steward and the employee have
aotified and received the approval of their supervisor to be absent to
process a grievance and tha.t such absence would not be detrimental to
tfie work programs of the EMPLOYER.
23.3 The procedure established hy this ARTICLE shall be the sole and exclusive
�rocedure, except for the appeal of disciplinary action as provided by
17.3, for the processing of grievances, which are defined as an alleged
violation of the terms and conditions of this AGREEMENT.
23.4 Grievances shall be resolved in conformance wi.th the following procedure:
Step 1. Upon the occurrence of an alleged violation of this
AGREEMENT, the employee. involved sfiall attempt to
resolve tlze matter on an informal b.asis witfi the
employee's supervisor. If the matter is not resolved
� � - 24 -
ARTICLE XXIII - GRIEVA�`ICE PROCEDURE (continued)
to the enployee`s satisfaction by the informal discussion
it raay be reduced to writing and referred to Step 2 by
the UNION. The written grievance shall set forth the
nature of the grievance, the facts on which it is based,
the alleged section(s) of the AGREII�IENT violated, and the
relief requested. Any alleged violation of the AGREII�IENT
not reduced to writing by the UNION within seven (7)
calendar days of the first occurrence of the event giving
rise to the grievance or within the use of reasonable
diligence should have ha.d knowledge of the first occurrence
of the ev�nt giving rise to the grievance, shall be considered
waived.
Step 2. Within seven (7) calendar days after receiving the written
grievance a designated ENg'LOYER supervisor shall meet with
the UNION Steward and attempt to resolve the grievance. If,
as a result of this meeting, the grievance remai.ns unresolved,
the II�'iPLOYER shall reply in writing to the UNION within three (3)
calendar days following this meeting. The UNION may refer the
grievance in writing to Step 3 within seven (7} calendar days
following receipt of the II�LOYER'S written answer. Any grievance
not ref erred in writing by the UNION within seven (7} calendar
days followi.ng receipt of the EhIPLOYER'S answer sha2Z be
considered waived.
- 25 -
ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
Step 3. Within seven (7) calendar days following receipt of a grievance
referred from Step 2 a designated EMPLOYER supervisor shall meet
with the UNION Business Manager or his designated representative
and attempt to resolve the grievance. Within seven (7) calendar
days following this meeting the II�IPLOYER shall reply in writing
to the UNION stating the giPLOYER'S answer concerning tY�e 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 F�MPLOYER'S answer
shall be considered waived.
Step 4. If the grievance remains unresolved, the UNION may within seven (7)
calendar days after the response af the EMPLOYER in Step 3, by
written notice to the EMPLOYER, request arbitration of the grievance.
The arbitration proceedings sha.11 be conducted by an arbitrator to
be selected �y mutual agreement of the EMPLOYER and the UNION within
seven (7� calendar days after notice has been given. If the parties
fail to mutually agree upon an arbitrator within the said seven (7)
day period, either party may request the Public Employment Relations
Board to submit a panel of f ive (S) arbitrators. Both the EMPLOYER
and the UNION shall have the right to strike two (2) names from the
panel. The UNION shall strike the first (lst) name; the II�'LOYER
sha11 then strike one (1) name. The process will be repeated and
the remaining person sha11 be the arbitrator.
- 26 -
ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
23.5 The arbitrator shall have no right to amend, modify, nullify, ignore,
add to, or subtract from the provisions of this AGREEMENT. The arbitrator
shall consider and decide only the specific issue submitted in writing by
the IIKPLOYER and the UNION and shall ha.ve no authority to make a decision
on any other issue not so submitted. The arbitrator shall be without
power to make decisions contrary to or inconsistent with or modifyiag or
varying in any way the application of laws, rules, or regulations having
the force and effect of law. The arbitrator's decision shall be submitted
in writing wi.thin thirty (30) days following close of the hearing or the
submission of briefs by the parties, whichever be Iater, unless the parties
agree to an extension. The decision shall be based solely on the arbitratorTs
interpretation or application of the express terms of this AGREEMENT and t�
the facts of the grievance presented. The decision of the arbitrator sha11
be final and binding on the EMPLOYER, the UNION, and the employees.
23.6 The fees and expenses for the arbitrator's services and proceedings
shall be borne equally by the II�LOYER and the UNION, provided that
each party shall be responsible for compensating its owri representative
and witnesses. If either party desires a verbatim record of the
proceedings, it may cause such a record to be made providing it pays
for the record.
23.7 The time limits in each step of this procedure may be extended by
mutual agreement of the E�PLOYER and the UNION.
- 27 -
ARTICLE XXIV - RIGHT OF SLTBCONTRACT ---
24.1 The EMPLOYER may, at any time during the duration of this
AGREF�NT, contract out work done by the employees covered
by this AGREEf4ENT. In the event that such contracting would
result in a reduction of the work force covered by this
AGREEMENT, the EMPLOYER shall give the UNION a ninety (90)
calendar day notice of the intention to sub-contract.
24.2 The sub-contracting of work done by the employees covered
by this AGREEMENT shall in all cases be made only to employers
who qualify in accordance with Ordinance No. 140I3.
- 28 -
ARTICLE XXV - NON-DISCRIMINATION
25.1 The terms and conditions of this AGREEMENT will be applied to
employees equally without regard to, or discrimination for or
against, any individual because of race, color, creed, sex,
age, or because of inembership or non-�embership in the UNION.
25.2 Employees will perform their duties and responsibilities in
a non-discriminatory manner as such duties and responsibilities
involve other employees and the general public.
- 29 -
ARTICLE XXVI - SEVERABILITY
26.1 In the event that any provision(s) of this AGREEMENT is declared
to be contrary to law by proper legislative, administrative, or
�udicial authority from whose finding, determination, or decree
no appeal is taken, such provision(s) shall be voided. All other
provisions shall continue in full force and effect.
26.2 The parties agree to, upon written notice, enter into negotiations
to place the voided provisions of the AGREEMENT in coapliance with
the legislative, administrative, or judicial determination.
- 30 -
ARTICLE XXVII - WAIVER
27.1 The II�LOYER and the UNION acknowledge that during the meeting
and negotiating which resulted in this AGRE a?ENT, each had the
right and opportunity to make proposals with respect to any
sub�ect concerning the terms and conditions of enployaent. The
agreements and understandings reached by the parties after the
exercise of this right are fully and completely set forth in
this AGREEMENT.
27.2 Therefore, the II�LOYER and the UNION for the duration of this
AGREEMENT agree that the other party shall not be obligated to
meet and negotiate over any term, or conditions of employment
whether specifically covered or not specif ically covered by this
AGREEMENT. The UNION and EhiPLOYER may, however, mutually agree
to modify any provision of this AGREEMENT.
27.3 Any and a11 prior ordinances, agreements, resolutions, gractices,
policies, and rules or regulations regarding the terms and
conditions of employment, to the extent they are inconsistent
with this AGREEMENT, are hereby superseded.
- 31 -
ARTICLE XXVIII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625
28.1 Employees of the School District under policy adopted by the
Board of Education may be reimbursed for the use of their auto-
mobiles for school business. To be eligible for such reimburse-
ment, employees must receive authorization from the District
Mileage Committee utilizing one of the following plans:
PLAN "A" is reimbursed at the rate of 19� per mile.
In addition, a maximum amount which can be paid per
- month is established by an estimate furnished by the
employee and the employee's supervisor.
Aaother consideration for establishing the maximum
amount can be the experience of another working in
the same or similar position.
Under this plan, it is necessary for the employee to
keep a record of each trip made.
PLAN "C" provides for reimbursement based on a per
mon"th �'lump sum" amount. This amount is determined
by the employee's driving experience under Plan "A"
for a period of 3 to 6 months. Those employees
receiving an auto allowance under this plan must
report monthly the number of days the car was avail-
able during the month. A deduction must be made from
the lump sum amount for each day tlze employee is
on vacation. A deduction need not be made for an
occasional day of illness or for holiday.
- 32 -
ARTICLE XXIX - DURATION AND PLEDGE
29.1 This AGREF��ENT shall become effective as of the date of signing,
except as specifically provided otherwise in Articles 12 and 13,
and shall remain in effect through the 30th day of April, 1981,
and continue in effect from year to year thereafter unless
notice to change or to terminate is given zn the manner provided
in 29.2.
29.2 If either party desires to ter�.ninate or modify this AGREEMENT,
effective as of the date of expiration, the party wishing to
modify or terminate the AGREE�i1ENT shall give written notice to
the other party, not more than ninety (90) or less than sixty (60)
calendar days prior to the expiration date, provided, that the
AGREEMENT may only be so terminated or modified effective as of
the expiration date.
. 29.3 In. consideration of the terms and conditions of enployment estab-
lished by this AGRE�IENT and the recognition that the GRIEVANCE
PROCEDURE herein established is the means by which grievances con-
cerning its application or interpretation may be peacefully resolved,
the parties hereby pledge that during the term of the AGREEMENT:
29.31 The UNION and the employees will not engage in,
instigate, or condone any concerted action in
wliich employees fail to report for duty, will-
fully absent themselves from work, stop work,
slow down their work, or absent themselves in
whole or part from the full, faithful perfor-
mance of their duties of employment.
- 33 -
. ..� •
' �'.RTICI.I: �XIX - DUi::�'LIO`! A::i) ]'I,EUC� {continued)
?.9.32 The F:SI'LO�i�.K �•:zl_l not eci�agE: in, insti�;ate, `�
or condonc any lock-out aL employe�s.
29.33 Th�s constitutes a tentative agreement betti�een
the parties o�hi.ch o:ill be reco�a�ndcd by the
Sct�ool District Negotiat�r, but is subject to t�ie
approval of ttie Administration of the Gity,
� . In�pendenti School District :�o. 625 and is also
suh�ect ta rati.f�.cation by the Associat�on.
� %�! � n �
AGREED to this�3� day o��_�,f, , 1980, and attested to as the
full and complete understaz:dj.no of the parties for th� period of tir,�e hez•ein
specifi.ed by the si.gnature af the folloc�ing representative for the F�•�LOYER
�nd the ASSOC7ATIG�:
�
WI1^:;ESSES:
SHEET I:ETAL k'OF.Y.ERS T;�TEP,.*�TATIO\AL
�1'F*��r:�T SCHOOL DISTP.ICT N0. b25 ASSOC7ATION, LOCr'1L 76
. �' �
� �.��` ���',��� - �
1''--`�� _._1��_�--��''--� .�� / C.�-�-�-<-�� L
. .. �, �
Sct�oa� Eol� rad r,ebotiat�or �u�ness r�nager
Su;;er.�nrendent, 7:nc':epe�ldenr `"
s�no�i ni.����t no. 62s
. '�
�
� • - 34 --
APPENDIX A
The classes of positions recognized by the EMPLOYER as being exclusively
represented by the UNION are as follows:
Sheet Metal Worker - Foreman,
Sheet Metal tdorker,
Apprentice,
. Sheet MetaZ Inspector;
and other classes of positions that ma.y be established by the II�LOYER
where the duties and responsibilities assigned come �vithin the jurisdiction
of the UNION.
- Al -
. '
APPENDIX B
Tool Box
Whitney, Small
Crescent Wrench or set of Open End Wrenches
Center Punches
Hacksaw I'rame
Chisels
Small Hand Tongs
6' Folding Rule
Screw Driver
Scratch Awls
Pliers
Snips, Straight-aviation L and R
Hammers (Tinners)
Dolly Bar
Combination Square
Prick Punch
10� Tape
Dividers
- Bl -
► .'
APPENbIX C
The basic hourly wage rate for provisional, regular and probationary
employees appointed to the following classes of positions and not receiving
the Fringe Benefits listed in Article 12.2 shall be:
Effective
rtay 1, 1980
Sheet Metal Worker . . . . . . . . . . . . . $13.76
Sheet Metal Worker - Foreman . . . . . . . . $14.91
Sheet Metal Inspector. . . . . . . . . . . . . $14.91
The basic hourly wage for temporary and emergency employees appointed
to the following classes of positions shall be:
Effective
May 1, 1980
Sheet Meta1 Worker . . . . . . . . . . . . . . . $14.31
Sheet Metal Worker - Foreman . . . . . . . $15.51
Sheet Metal Inspector.. . . . . . . . .. . _ . . . $15.51
Apprentice
0 - 6 months . . . . . . . . . . . . 50% of Sheet Metal Worker rate
7 - 12 months . . . . . . . . . . . 55% of Sheet Metal Worker rate
13 - 18 months . . . . . . . . . . . . 60% of Sheet Metal Worker rate
19 - 24 months . . . . . . . . . . . 65% of Sheet Metal Worker rate
25 - 30 months . . . . . . . . . . . . 70% of Sheet Metal Worker rate
31 - 36 months . . . . . . . . . . . . 75�6 of Sheet Metal Worker rate
37 - 42 months . . . . . . . . . . . 80% of Sheet Metal Worker rate
43 - 48 months . . . . . . . . . . . . 90� of Sheet Metal Worker rate
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APPENDIX C (continued)
The basic hourly wage rate for regular employees appointed to the following
classes of pos�tions who are receiving the Fringe Benefits listed in Article 12.2
shall be:
Ef f ec tive
May 1, 1980
Sheet Metal Worker . . . . . . . . . . . . $12.92
Sheet Metal Worker - Foremar, . . . . . . . $13.91
Sheet Metal Inspector. . . . . . . . . . . $13.78
Senior Mechanic Inspector - Sheet Metal . $14.44
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APPENDIX D
Effective May 1, 1980 the EriPLOYER shall:
(1) contribute $ .79 per hour for all hours worked by
participating employees as defined in Articles 12.3,
12.4 and 12.5 of this AGREEMENT to a Welfare Fund.
(2) contribute $1 .12 per hour for all hours worked by
participating employees as defined in Articles 12.3,
12.4, and 12.5 of this AGREErIENT to a Pension Fund.
(3) deduct $1.20 per hour for all hours worked from the
earnings of participating employees as def ined in
Articles 12.3, 12.4 and 12.5 of this AGREEMENT, and
forward to a Vacation Fund.
(4) contribute $ .08 per hour for all hours worked by
participating employees as def ined in Articles 12.3,
12.4 and 12.5 of this AGREEMENT, to the Journeyman
and Appreriticeship Training Fund.
All contributions and deductions made in accordance with this Appendix
sha.11 be forwarded to depositories as directed by the UNION.
The EMPLOYER sha11 establish Workman's Compensation and Unemployment
Compensation programs as required by Minnesota Statutes.
The ETiPLOYER'S fringe benefit obligation to participating employees as
def ined in Articles 12.3, 12.4 and 12.5 is limited to the contributions and/or
deductians established by this AGREFS�IENT. The actual level of bene€its pro-
vided to employees shall be the responsibility of the Trustees of the various
funds to which the II��LOYER has forwar_ded contributions and/or deductions.
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