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00-817ORlG1NAL Presented Referred To Committee Date RESOLUTfON CITY OF SAINT PAUL, MINNESOTA Council File # Q � Green Sheet # 10358 1� RESOLVED, that the Council of the City of Saint Paul hereby approves and raufies the attached May 1, 2000 - April 30, 2003 Collective Bargaining Agreement between the City of Saint Pau1 and the International Brotherhood of Electrical Workers, Local 110. Requested by Department of: Benanav Blakey BOSh'Oril � Coleman � Harris � Lantry i / Adopted6yCouncil: Date�� � a � Adoprion CertiSed by Council Secretary � Approved by Mayor: Date � � �� By: ��2� s�yi'��GGC��� Off' e of Labor Relations n By: 5 F App ve�' ttornee � � � y� � / � Approv ayor for S bm' siot Council By: �—� /i L DEPARTMENT/OFFICE/COUNCII.: DATE INITIATED GREEN SHEET No.: 10358 � �� • LABOR RELATIONS September 5, 2000 CONTACI' PERSON & PHONE: � � ttaTIAUDnTE IIv117ALDn"CE JIILIE KRAUS 266-6513 pSSIGi�* 1 DEPARTMENC D 4 C1TY COUNCIL T7pMggg 2 C1TY ATTORNEY CIT'�' CLERK MUST BE ON COUNCII. AGENDA BY (DATE) FOR BUM'ET DIR. � FIN. & MGT. SERVICE DIIt. � ROi1TING 3 MAYOR (OR ASST.) ORDER .� � �� TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNA.T'ORE) acnox �QVESrEn: This resolution approves the attached May I, 2000 - April 30, 2003 Collective Bargaining Agreement between the City of Saint Paul and the Intemational Brotherhood of Electrical VJorkers, Loca1110. RECOMMENDAI'IONS: Approve (A) or Rejec[ (R) PERSONAI. SERVICE CONTRACTS MUST ANSWER TIiE FOLLOWING QUESfIONS: _PLANNING COMAAISSSON CIVIL SERVICE COMP+IISSION 1. Has this personJfizm eves woxtced under a contract fos t6is department? _CIB COMbII7TEE Yes No STAFF 2. Ras this person/firm ever been a city empbyee? DIS'CRICT COURT Yes No � SUPPORTS WFIICH COUNCIL OBJEC'IT VE? 3. Does this person/fimi possess a ski17 not normally possessed by any curtent city empbyee? Yes No Exp{ain all yes answers on separste sheet and attach to green s6eet INTI7ATING PROBLEM, ISSUE, OPPOR7'[7NI1'P (WBo, What, When, Where, Why): E�sting Collective Bargaining Agreement expired Apri130, 2000 and a successor agreement needed to be negotiated. , anvarrracES iF .�rrxo��n Implementation of agreement can proceed. DISADVANTAGES IF APPROVED: None DISADVANTAGES IF NOT APPROVED: Additiona3 negotiations, delayed implementation. TOTe1L AMOUNT OF TRANSACfiON: COSTJREVENUE BUDGETED: FU.NDING SOURCE: AC17V17'Y NOMBER: FINANCIAL INFORMATION: (EXPLAIN) oo-d'�'1 ATTACIIlYIENT TO THE GREEN SI3EET COLLECTIVE BARGAINING AGREEMENT WITH THE ELECTRICIANS Selow is a sumxnary of the changes in the Collective Bazgaining Agreement between the City of Saint Paul and the Electricians. Duration: May 1, 2000 through April 30, 2003. Wa es: The City agreed to the outside prevailing wage rate for each of the next three years. Temporarv Assignments: Language clarified that all future assignments to the classes Lead Electrician, General Lead Electrician and General Lead Electrician in Chazge are to be handled as temporary assignments, consistent with the existing contract language and outside practice. Additionallanguage changes to increase management flexibiliry at the Water Utility. LaYoff: Language changes in the layoff article to increase management flexibility consistent with outside practice, while stili providing employees with protection against arbitrary or capricious decisions. Senior Trades Coordinator position: Language added to provide additional compensation in the event that LIEP chooses to name a Seniar Trades Coordinator. Other Laneuaee Chanaes: Other language changes aze of a housekeeping nature for clarification and clean up. � �J :. � :� �. Oo -k��� . � = May 2; 2006 through April 30, ?A03 . � � . � � _ - COLLECTIVE BARGA�NING - _ � ;;_ �,GREEMEN�` � � _ � � � � " - ;, , - - � � � �.tietween - . _ � - � � � � - � ,���. � � �_ � � � � : � , � � THE CITY OF, SAINT PAIJI; � � - an�c� � � � � � INTERNATIONAL ;BROTHERHOOD O;F � -_ _ � �, � _ _ - �LECTRICAI: WORIiERS,: L`OCAL 110 ` � - � � � �_ - �_;� �,_ � � � � � - � �� .� INDEX • ARTICLE TITLE PAGE ... Pream le ................................................. ui 1 Purpose ....................................................1 2 Recognition ................................................1 3 Employer Rights ............................................1 4 Union Rights ...............................................2 5 Scope ofthe Agreement .......................................2 6 Probationary Periods .........................................2 7 Philosophy of Employment and Compensarion . . . . . . . . . . . . . . . . . . . . . 3 8 Aoursof Work ..............................................4 9 Overtime ..................................................5 10 Callback ..................................................6 11 Work Location ..............................................6 12 Wagesand Fringe Benefits ....................................6 13 Selection of Leads, General Lead and General Lead in Charge ........ 9 14 Insurance ..................................................9 � 15 Holidays ..................................................12 16 Disciplinazy Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 17 Absencesfrom Work ........................................13 18 Seniority ..................................................13 19 Jurisdiction ................................................14 20 Separation and Retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 21 Tools ....................................................15 22 Grievance Procedure ........................................IS 23 Rightof Subcontract ........................................18 24 Non-Discriuiination . . . .. . . . . . . . . . . .. . . . .. . . .. . . . . . . . . . . . . . . . 18 25 Severability ...............................................19 26 Waiver ...................................................19 27 City Mileage ...............................................19 28 Matemity Leave ............................................21 29 Severance Pay .............................................21 30 LegalServices .............................................23 31 Master of Record Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 32 Uniform Allowance .........................................23 � 1 • INDEX (Continued) 33 Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 AppendixA .......................................................... A1 AppendixB .......................................................... B1 AppendixC .......................................................... C1 AppendixD .......................................................... DI Appendix E-Tools .................................................... E1 Appendix F - Working Conditions - Electrical Inspectors . . . . . . . . . . . . . . . . . . . . . . F 1 Appendix G- Senior Trades Coordinator MOU .. ...........................................................Gl Appendix H - Apprentice Matrix ......................................................................................Hl � • ii � PREAMBLE This AGREENIENT is entered into between the City of Saint Pau1, hereinafter referred to as the EMPLOYER and the Intemational Brotherhood of Electrical Workers, Local 110 hereinafter referred to as the IJNION. The EMPLOYER and the UNiON concur that this AGREEMENT has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. The EMPLOYER and the IJNION both realize that this goal depends not only on the words in M the AGREEMENT but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the EMPLOYER, the LTNION, and the individual empioyees will best serve the needs of the general public. • iii � ARTICLE i - PURPOSE 1.1 The EMPLOYER and the I7I3ION agree that the purpose for entering into this AGREEMENT is to: 1.1(1) Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; i.l (2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the EMPLOI'ER and the IJNION; 1.1(3) Establish procedures to order3y and peacefully resolve disputes as to the application or interpretation of this AGREEMENT without loss of pzoductivity. 1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a supplement to legislation that creates and directs the EMPLOYER. If any part of this AGREEMENT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in canflict so that it conforms to the statute as provided by Article 25 (SEVERABILITI�. � ARTICLE 2 - RECOGNITION 2.1 The EMPLOYER recognizes the iJNION as the exclusive regresentative for collective bargaining purposes for all personnel having an employment status of regulaz, probationary, provisianal, 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 ciasses of positions recognized as being exclusively represented by the i JNI0i�3 are as listed in Appendix A. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The EMPLOYER retains the right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to deternune the utilization of technology; to establish and modify the organizational shvcture; to select, direct, and determine the number of personnel; and to perform any inherent manageriai function not specifically limited by ttris AGREEMENT. 3.2 Any "term or condition of employment" not established by this AGREEMENT shali remain with the EMPLOYER to eliminate, modify, or establish following written notification to the iJNION. � ARTICLE 4 - LTNION RIGHTS 4.1 The EMPLOYER shail deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly TJNION dues. Such monies deducted shall be remitted as directed by the t1NION. 4.1(1) The EMPLOYER shall not deduct dues from the wages of employees covered by this AGREEMENT for any other labor organization. 4.1(2) The ITNION shall indemnify and save fiarmiess ihe EMPLOYER from any and all claims or charges made against the EMPLOYER as a result of the implementation of this ARTICLE. 4.2 The IJNION may designate one Q) emp2oyee from the bargaining unit in each deparEment to act as a Stewazd an@ shall inform the EMPLOYER in writiag of such designation. Such employee shal] have the rights and responsibilities as designated in Articie 22 (GRIEVANCE PROCEDURE). 43 Upon notification to a designated EMPLOYER supervisor, the Basiness Manager of the i)NION, or his/her designated representative shall be permitted to enter the facilities of the EMPLOYER where employees covered by this AGREEMENT aze working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This AGREEMENT established the "terms and conditions of employment" defined by M.S. 179A.09, Subd. 19 for a11 employees exclusively represented by the I7NION. This AGREEMENT shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following sepazation, in a regulaz employment status shall serve a six (6) month probationary period during whicfi time the empioyee's f tness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.1(1) At any time during the probationary period an emptoyee may be ternunated at the discrerion of the ENlPLOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE). � � � 2 � ARTICLE 6 - PROBATIONARY PERIODS (Continued) b.l (2) An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shail be sent to the IJNION. 6.2 Personnel who aze assigned to Lead, General Lead or General Lead in Charge positions under the terms of Article 13 shali not serve a probationary period and may be reassigned back to a previous classification at the discretion of the EMPLOYER. 6.2(1) 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 22 (CsRIEVANCE PROCEDURE). 6.2(2) An employee demoted during the promotional probationary period shall be retumed to the employee's previously held class of positions and shall receive a written notice of the reasons for demorions, a copy of which shall be sent to the IJNION. � ARTICLE 7- PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 71 The EMPLOYER and the tJ2JION 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 all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Article 12 (WAGES AND FRINGE BENEFITS). 73 No other compensation or fringe benefit shall be accumulated or eamed by an employee except as specifically provided for in this AGREEMENT; except those employees who have individually optioned to be "grandfathered" as provided by Article 12.2. � 3 ARTICLE 8- HOURS OF WORK S.1 The normat work day sha11 be eight (8} consecufive hours per day, excluding a thirty (30} minuie unpaid lunch period. 8.2 The normal work week shall be five (5) consecutive normal work days in aay seven (7j day period. 8.3 Shif[s other than the regulaz daytime shift Monday tluough Friday may be established. Such shifts must be maintained for a period of at ieast one (1} work week. The second shift shall be a regularly scheduled shift which follows a regularly scheduled frst stufr of five (5) hours or greater, Tfie third shift shall be a regulazly scheduled shift wIuch follows a regulazly scheduted second shifk of five (5) hours or greater. 8.4 For employees on a shift basis, ttus sha11 be construed to mean an average of forty (40) hows a week. 8.5 This secrion 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 particulaz shift may be transferred from that shift to another shift upon one weeks notice; provided, however, that in the event of a vacancy, � an employee may be assigned to another shift to fill such vacancy upon 24 hours notice. 8.7 All employees shaIl be at the work location desigaated by their supervisor, ready for work, at the established starting time, and shall remain at an assigned work Iocation until the end of the established work day unless otherwise directed by their supervisor. 8.8 All employees aze sabject to call-back by the EMPLOYER as pmvided by Articie 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 aay. &.10 The empioyer shall be required to give no less than six and one-half (6.5) hours notice, when an employee is to be Iaid off. � 0 � ARTICLE 9 - OVERTIME 9.1 Atl overtime compensated for by the EMPLOYER must receive prior authorization from a designated EMPLOYER supervisor. No overtime work claun 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 approvai has been obtained. 9.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: 9.2(i) Time worked in excess of eight (8) hours in any one normal work day; and 9.2(2) Tune worked on a sixth (6th) day following a normal work week 9.2(3) Time actually spent doing certain work on smokestacks, structural radio or television towers and bridges ovez water requiring employees with special talents in ciimbing or working at unusual heights away from solid, guarded platforms, scaffolds or permanent, enclosed ladders. 93 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed � under the following circumstances: 9.3(1) Time woxked on a seventh (7th) day following a normal work week; and 93(2) 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 (1.5). 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 or in compensatory time. The basis on which overtime shall be paid shall be determined solely by the EMPLOYER. Compensatory time off must be approved by the EMPLOYER. � 5 ARTICLE IO - CALL BACK 10.1 The EMPLOYER retains the rigfit to call back employees before an employee fias started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. I 0.2 Empioyees called back shall receive a minimum of four {4} hours pay at the basic hourly rate. 10.3 The hours worked based on a catl-back shail be compensated in accordance with Article 9 (OVERTTME), when appticable, and subject to m+n;mum established by 10.2 above. 10.4 Employees cailed back four (4) hours or less prior to the'u normal work day shall complete the normat work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME). ARTICLE 11 - WORK LOCATION � I 1.1 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 EMPLOYER. � 1 L2 Emptoyees assigned to work locations during the nomtat work day, other than their original assignment, and who aze required to furnish their own transportation shall be compensated for mileage. ARTICLE 12 - WAGES AND FRINGE BENEFITS 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. The basic hourly wage rates as established by Appendix H shall be paid for all hours worked by an apprentice. 12.2 Employees who are covered by the &inge benefits Iisted below shall continue to be covered by such benefits. T'hey shall be subjeet to all other provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and(or deductioas made on their behalf as provided for by Article 12.7 (FRINGE BENEFITS}. 12.2(1) Insurance benefits as established by the City of Saint Paul. The hourly rate of City Benefitted employees shall be reduced by the actual fiourly cost of active health insurance and a prefunded flat zate of $1.75 per hour for retiree heatth insurance. The wages in Appendix C reflect these deductions. . 0 � ARTICLE 12 - WAGES AND FRINGE BENEFITS (Continued) 12.2(2) Sick Leave as established by Resolution No. 3250, Section 2Q. Effective May 1, 1997, the remaining City Benefitted electricians shall be charged with the actual average number of sick leave hours used, or 48 houts, wiuchever is less, in the wage calculation. The wages in Appendix C reflect this charge. 12.2(3) In each calendar yeaz, each full-time employee who is eligible for vacation shall be granted vacation according to the following schedule: Years of Service Less than 5 yeazs After 5 years thru 15 yeazs After 15 years and thereafter Vacarion Granted I S days 20 days 25 days These hours shall be included in the wage calculation to determine the rates for City Benefitted electricians. � Employees who work less than full-fime sha11 be granted vacation on a pro rata basis. The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 12.2(4} Ten (10) legal holidays as established by the Saint Paul Salary P1an and Rates of Compensation, Section l, Subdivision I. These hours shall be charged in the wage calculafion to determine the rates for City Benefitted electricians. 12.2(5) Severance benefits as established by Ordinance No. 11490 with a ma�cunum payment of $4,000 or as established by Article 29 of this Agreement. . 12.3 Regulaz empioyees covered by the Fringe Benefits in 12.2 shall have the right to transfer from this coverage. Employees requesting such transfer shall be considered participating empioyees and will no longer be covered by the fringe benefits in 12.2 but shall be covered by 12.4. 12.4 Regular employees not covered by the fiinge benefits listed in Article 12.2 shall be considered, for the purQose of this AGREEMEI3T, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made on theu behalf as provided for by Article 12.7. Participating employees shall use all vacation that they have eamed and are eligible for as outlined in the Saint Paul Electrical Workers Regulaz Vacation and Holiday & Reserve Trust Plan Documents. 7 ARTICLE 12 - WAGES AND FRINGE BENEFITS (Continued) � 12.5 Provisional, temporary, and emergency employees sha11 be considered, for the purposes of tYus 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 behalf as provided for by Article 12.7. I2.6 All regutaz employees employed in a title in this bargaining unit after February 15, 1974, shalt be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made on their behatf as provided for by Article 12.7. Employees who promote, transfer or reduce to any titie in this bazgaining unit from any title which is not in this bazgaining unit shail not be allowed to use any accumulated sick ieave credits while they aze in such tide. If the employee promotes, t�ransfers or reduces to any title which is not in this bargaining uniY and if sick leave is allowed under the new title, the accumulated sick Ieave the employee had at the time such employee became a member of this bazgaining unit sha11 be reinstated. I2.7 The EMPLQYER shall make contributions on behalf of and/or make deductions from the wages of employees covered by flus AGREEMENT in accordance with Appendix D for all hours worked. � 12.8 For employees who have elected to become, as of January 26, 1991, participating empIoyees as defined in Article 12.6 of this Agreement, the Employer will make the Heaith and Welfaze contribution in accordance with item (1) of Appendix "D" of this Agreement. Such coniribution shall be made for hours worked as of December 29,1990. No other contributions listed in Appendix "D" shal] be made for such employees for any hours worked prior to January 26, I991. Such empIoyees shail not be eligible for City Health and Life insurance after February 28, 1992. 12.9 Accumulated sick leave credit balances as of January 25,1991, for employees covered by Articte 12.8 above shall be frozen as of January 25, 1991. Such frozen sick leave balances may only be used for severance pay purposes. Severance pay shall be granted only in accordance with Article 29 of this Agreement. 12.10 Employees covered by Arficle 12.8 above shali discontinue eaming sick leave and vacation and shail not be eligibie for City paid holidays as of Janvary 26, 1991. Such employees shall be paid the base rate of pay as shown in item 2 of Appendix "C" of tius Agreement effective Jaauary 26, 1991. � E:3 ARTICLE 13 - SELECTION OF LEADS, GENERAL LEADS AND � GENERAL LEAD IN CHARGE 13.1 The selection of personnel for the class of positions Lead Electrician, General I,ead Electrician and General Lead Electrician In Chazge shall remain solely with the Employer. 13.2 The class of positions, Lead Electrician, General Lead Electrician and General Lead Electrician In Charge, shall be filled by employees of the bazgainuig unit on a"temporary assignment " Any employee who is assigned to one of the above classes may be subsequentiy reassigned under the terms of Article 6.2. Such reassignment may be back to any one of the employee's previous classifications and rates of pay. The decision to . reassign an employee out of one of the above classes is not grievable/arbitrable under either the Civil Service Rules or Article 22. It is understood that this clause 13.2 expressly supercedes any relevant Civil Service Rules in accordance with Article 5, but does not apply to employees who were appointed to these classes prior to the signing of the 2000-2003 Agreement. 13.3 All "temporary assignments" shall be made only at the direction of a designated EMPLOYER supervisor. 13.4 If the General Lead Electrician has scheduled time off of four (4) days or more, a temporary wi11 be assigned on the first day of the scheduled time off unless the General Lead Electrician is absent due to local seminazs or other city business and is available by phone. No temporary assignment is necessazy if the General Lead Electrician is absent for three (3) days ar less due to illness or scheduled time off. 13.5 The Lead Electrician will be repiaced on the first (1st) day of an absence. This provision 13.5 shall not apply to the Water Utility, until and unless the Water Utility employs two non-Lead 3ourneyman Electricians. ARTICLE 14 - INSURANCE Active Employees 14.1 This Article shall apply to employees who are eligible for the fringe benefits listed in Article 12.2 (City benefits). • 9 ARTICLE 14 - INSURANCE (Continued) The insurance plans, premiums for coverages, and benefits contained in the insurance ptans offered by the Employer skatl be solely controlled by the contracts negotiated by the Empioyer and the benefit providers. However, the employees selecting the offered plans agree to accept any changes in benefiu wtuch a specific pmvider implemenu. For emptoyees who select single coverage, the Employer will contribute I00% of the cost of the single premium. For employees who select dependent coverage, the Employer will contribute 50% of the cost of the dependent premium. The Bmpioyer will pmvide $S,OQO of term life insurance for each emptoyee. Retiree Heatth Bene�its 14.2 Employees who retire must meet the following conditioas in order io be eligible far the Employer contribution for retiree health benefits: 14.2(1) Be receiving benefits from a public employee retirement act covering employees of tlre City of Saint Paul at the time of retirement, and � 14.2(2) Have severed his/her relationstup with the City of Saint Paul under one of the retiree plans, and � 14.2(3) Have severed his/her relafionship with the City of Saint Paul for reasons other than an involuntary temunation for misconduct. Early Retirees (under age 65) 143 For those employees who retire before age 65 and are eligib2e for eazly retiree benefits under the terms set forth in Article 14.2 above and until such retirees reach sixty-five (65) yeazs of age, the Employer shall continue to make the same contribution for eazly retiree benefits as those for active employees. For eazly retirees selecting single coverage, the Employer will contribute 100% of the premium cost for single coverage. For earty retirees selecting dependent coverage, the Employer will contribute 50% of the premium cost for dependent coverage. The Empioyer will aiso continue life insurance benefits for eligible early retirees in the same amount as provided to them as active employees. Life insurance benefits terminate at age 65. VJhen such eazly retiree attains age 65, the provisions of Article 14.4 shall apply. 10 • � ARTICLE 14 - INSURANCE (Continued) Regular Retirees (age 65 and older) 14.4 Employees who retire at or after the age of sixty-five (65) must meet the conditions set forth in Article 14.2. 14.4 (1) For such employees who retire after December 31,1995, the Employer agrees to contribute a maximum of $550.00 per month towazd the premium for single or dependent health insurance coverage offered to regulaz retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Articie shall also apply to early retirees upon reaching age 65, who retired after December 31, 1995 under the provisions of Article 14.2. Survivor Benefts 14.5 In the event of the death of an eariy retiree or a regular retiree, the dependent of the retiree shall have the option, within thirty (30) days, to continue the curtent hospitalization and medical benefits which said dependents previously had, at the � premium and Employer contribution accorded to the eligible deceased retiree. It is further understood that coverage shali cease in the event of: 14.5(1) Subsequent remarriage ofthe surviving spouse of the deceased employee or retiree. 14.5(2) The employment of the surviving spouse or dependent where health insurance is obtained thtough a group progtam provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. 14.6 The contributions indicated in Article 14 shall be paid to the Employer's third party administrator or designated representative. � 11 ARTICLE IS - HOLIDAYS 15.1 The following ten (10) days shail be designated as holidays: New Year's Day, January 1 Martin Luther King Day, third Monday in January Presidents' Day, third Monday in February Memoriai Day, last Monday in May Independeace Day, July 4 Labor Day, first Monday in September Veterans' Day, November 11 T'hanksgiving Day, fourth Thursday in November Day after Thanksgiving, fourth Friday in November Christrnas Day, December 25 15.2 When New Year's Day, Independence Day or Chtistmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3} holidays falis 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 holidays shall be observed on the calendar date of the holiday. 153 The ten (10) holidays shai� 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 scheduted or "called back" in accordance with Article 10 (CALL BACK). 15.5 Participating employees, as defined in Articles 123,12.4,12.5 and 12.6, assigned to work on Martin Luther King Day, PresidenYs Day, Day after Thanksgiving, or Veteran's Day, shall be compensated on a straight time basis for such hours worked. 15.6 Participating employees, as defined in Articles 123, 12.4, 12.5 and 12.6, assigned to work on New Yeaz's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 15.7 If an employee other than a Participating Emptoyee is required to work on a designated holiday, he(she shali be compeasated at a rate of two (2) fimes the basic hourly rate for such hours worked. 15.8 Coiumbus Day and the day before Christmas Day shalt be considered work days. All employees working on these days shall be compensated on a straight time basis. 12 � � u • ARTICLE 16 - DISCIPLINARY PROCEDUI2ES 1 b.l The EMPLOYER shall have the right to impose disciplinary actions on employees for just cause. 16.2 Disciplinary actions by the EMPLOYER shall inctude only the following actions: 16.2(1) Oral reprimand 16.2(2) Written reprimand 162(3) Suspension 16.2(4) Demotion 16.2(5) Discharge 163 Empioyees who aze 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 dischazge shall be considered a"grievance" for the purpose of processing through the provisions of Article 22 (GRIEVANCE PROCEDURE). � ARTICLE 17 - ABSENCES FROM WORK 17.1 Employees who aze unable to report foz their normai 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 EMPLOYER on the pazc of the employee. ARTICLE 18 - SENIORITY 18.1 Seniority, for ihe purposes of this AGREEMENT, shall be defined as follows: 18.1(1) "Master Seniority" - the length of continuous regulaz and probarionary service with the EMPLOYER from the last date of employment in any and all class tities covered by tlus AGREEMENT. � 13 ARTICLE I8 - SENIORITY (Continued) 18.1(2) "Ciass Seniority" - the length of continuous regutar and probationary service with the EMPLOYER from the date an employee was first appointed to a class title covered by this AGREEMENT'. 18.2 Seniority shall not accumulate during an unpaid teave 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:ed service of the EMPLOYER or to an elected or appointed full time position with the iJNION. 183 Seniority shall terminate when an empioyee retires, resigns, or is discharged. � 18.4 In the event it is determined by the EMPLOYER that it is necessary to reduce the work force, all temporary employees shall be released prior to the layoff of permanent employees. Further, it is management's intent that permanent employees will be laid off by class title within each Department, hased on inverse length of "Class Seniority-". However, management reserves the right to institute layoffs out of seniority order for legitimate business reasons. Management's exercise of Uus right shall not be azbitrary or capricious. If the Union believes that an out-of-order Iayoff has occurred for an azbitrary or capricious reason, such decision may be grieved under Article 22. Recall from tayoff � shall be inverse order of layoff, except that recali rights shall expire after two years of Iayoff: 18.5 The selection of vacation periods shall be made by class title based on Iength of "Class Seniority," subject to the approval of the EMPLOYER. ARTICLE 19 - JURISDICTION 19.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate subject for detemunation by the various unions representing employees of the EMPLOYER. 19.2 The EMPLOYER agees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 193 In the event of a dispute concerning the performaace or assignment of work, the unions involved and the EMPLOYER shall meet as soon as mutually possible to resolve the dispute. Nothing in ihe foregoing shall restrict the right of the EMPLOYER to accompIish the work as originally assigned pending resolution of the dispute or to restrict t[ie EMPLOYER's basic right to assign work. r� L_� 14 i 16 {DISCIPLINARY PROCEDURES). 20.1(1) Resignation. Employees resigning from employment shall give written notice fourteen (14) calendaz days prior to the effective date of the resignation. ARTICLE 19 - JIJRISDICTION (Continued) 19.4 Any employee refusing to perform work assigned by the EMPLOYER and as clarified by Sections 19.2 and 193 above shali be subject to disciplinary action as provided in Articie 19.5 There shall be no work s[oppage, slow down, or any disruption of work resulting from a work assignment. ARTICLE 20 - SEPARATION AND RETIlZEMENT 20.1 Employees having a probarionary or regular employment status shall be considered sepazated from employment based on the following actions: 20.1 {2) Retirement. All employees shall retire from employment with the EMPLOYER no later than the last calendar day of the month in which an emplayee becomes seventy years old. �J 20.1(3) Discharge. As provided in Article 16. 20.1(4) Failure to Report for Duty. As provided for in Article 17. 20.2 Employees having an emergency, temporaty, or provisional employment status may be terminated at the discretion of the EMPLOYER before the completion of a normal work day. ARTICLE Zl - TOOLS 21.1 AIi employees shall personally provide themselves with the toois of the trade as listed in Appendix E. ARTICLE 22 - GRIEVANCE PROCEDURE 22.1 The EMPLOYER shall recognize Stewazds selected in accordance with IJNION rules and regulations as the grievance representafive of the bargaining unit. The iJN10N shall notify the EMPLOYER in writing of the names of the Stewards and of their successors when so named. CJ 15 ARTICLE 22 - GRIEVANCE PROCEDURE (Continned) 22.2 It is recognized and accepted by the EMPLOYER and the TJNION that the processing of grievances as hereinafter provided is limited by tiie job duties and responsibiiities o£the empioyees and shali therefore be accomplished during working hours only when consistent with such empIoyee duties and responsibilities. The Stewazd involved and a grieving employee shal2 suffer no Ioss in pay when a grievance is processed during working hours, provided the Stewazd and the empioyee have notified and received the approvai of their supervisor to be absent to process a grievance and that such absence would not be detrimentai to the work programs of the EMPLOYER. 223 The procedure established by tfiis ARTTCLE sha11 be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article 163, for the processing of grievances, which aze defined as an alleged violation of the terms and conditions of this AGREEMENT. 22.4 Grievances shall be resoived 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 empioyee's supervzsor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and � refened to Step 2 by the i7NION. The written grievance shall set forth the nature of the grievauce, the facts on which it is based, the aiteged sections(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the LTNION within seven (7) catendar days of the fust occurrence of tke event giving rise to the grievance or within the use of reasonabte diligence should have had lrnowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendaz days after receiving the written grievance a designated EMPLQYER supervisor shall meet with the UNEON Steward and attempt to resolve the grievance. If, as a result of ttus meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the LJNION within three (3) calendar days following this meeting. The UI�ION may refer the grievance in writing to Step 3 within seven (7) catendar days following receipt of the EMPLOYER's written answer. Any grievance not refeaed in writing by the i1NION within seven (7) calendat days following receipt of the EMPLOYER's answer shall be considered waived. � 16 ARTICLE 22 - 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 LJNION Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the EMPLOYER shali reply in writing to the LJTTION stating the EMPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the IJNION may refer the grievance to Step 4. Any grievance not refeaed to in writing by the iJNION to Step 4 within seven (7) calendaz days foliowing receipt of the EMPLOYER'S answer shatl be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER, request azbitration of the grievance. The azbitration proceedings shall be conducted by an azbitrator to be selected by mutual agreement of the EMPLOYER and the iJ1VION within seven (7) calendaz days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either parry may request the Bureau of Mediation Services to submit a panel of five (5) azbitrators. Both the EMPLOYER and the LINION shall have the right to sttike two (2} names from the panel. Tfie Union shall strike the first (1 st) name; the EMPLOYER � shall then strike one { 1) name. The process will be repeated and the remaining person shall be the arbitrator. 22S The azbitrator shali 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 iJr1ION and shali have no authority to make a decision on any other issue not so submitted. The azbitrator 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 azbitrator's decision shall be submitted in writing within thirty (30) days foliowing close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an e�ension. The decision shali be hased solely on the azbitrator's interpretation or application of the express terms of this AGREEMENT and the facts of the grievance presented. The decision of the azbi�ator shall be final and binding on the EMPLOYER, the L)NION, and the employees. , 17 ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) � 22.6 T'he fees and expenses for the azbi¢ator's services and proceedings shail be bome equally by the EMPLOYER and the LTNION, provided thaf each party shali be responsibie for compensating its own representative and wimesses. If eifher pazty canceis an azbitration hearing or asks for a last minute postponement fhat leads to the azbitrators making a chazge, the canceling party or the party asking for the postponement shall pay tlus 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 tlus procedure may be extended by mutual ageement of tfie EMPLOYER and the iJNION. ARTICLE 23 - RIGHT O�' SUBCONTRACT 23.1 The EMPLOYER may, at any time during the duration of this AGREEMENT, contract out work done by the employees covered by tivs AGREEMENT. In the event that such contracting would result in a reduction of the work force covered by this AGREEMENT, the EMPLOYER shail give the tTNION a ninety (9D) 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 alk cases be made only to empioyers who qualify in accordance with Ordinance No. 14013. ARTICLE 24 - NON-DISCRIMINATION 24.1 The terms and condifions of this AGREEMENT wili be applied to employees equally without regazd to, or discrim;na6on for or agaln5t, any individual because of race, color, creed, sex, age, disability or because of inembership or non-memberslup in the LTrtION. 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. m � � ARTICLE 25 - SEVERA,BILITY 25.1 In the event that any provision(s) ofthis AGREEMENT is declazed to be contrary to law by proper legislative, admiaistrarive, or judicial authority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shail continue in full force and effect. 25.2 The parties agree to, upon written notice, enter into negoriations to place the voided provisions of the AGREEMENT in compliance with the legisiative, administrative, or judicial deternunation. ARTICLE 26 - WAIVER 26.1 The EMPLOYER and the UNION acknowledge that during the meeting and negotiating which xesulted in this AGREEMENT, each had the right and oppomuuty to make proposals with respect to any subject concerning the terms and oondirions of employment. The agreements and understandings reached by the parties after the exercise of this right aze fully and compietely set forth in this AGREEMENT. 26.2 Therefore, the EMPLOYER and the UNiON far the duration of this AGREEMENT agree that the other pariy shail not be obligated to meet and negotiate over any texm or � conditions of employment whether specificaily covered or not specifically covered by this AGREEMENT. The U1�TION and EMPLOYER may, however, mutualiy agree to modify any provision of this AGREEMENT. 263 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. ARTICLE 27 - CITY MILEAGE 27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to ieimbursement of City officers and empioyees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 27.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. � 19 ARTICLE 27 - CITY MILEAGE (Continued) Type I. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicIe is actually used in performing the duties of the employee's position. In additioa, the employee shall be reimbnrsed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employtnent and the department head or designated representative deiermines that an employer vehicle is avaitable for tlie employee's use but ttte employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shail not be eligible for any per diem. Type 2. If an employee is required to use tris/her own automobile REGITLARLY during empioyment, the employee sha11 be reimbursed at the rate of $4.00 per day for each day of work. In addition, the empioyee shall be rennbursed $.20 per mile for each mile actuaily driven. � If such employee is required to drive an automobile during empIoyment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the empioyee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of � $.20 per mile driven and shall not be eligible for any per diem. 27.3 The City will provide parking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plaas who aze required to have their personal car available for City business. Such parking will be provided only for the days the employee is requited to have his/her own personal car availabie. 27.4 Rules and Regulations: The Mayor shall adopt niles and regulations goveming the procedures for automobile reimbursement, which regutations and rules sha11 contain the requirement that recipienu shall file daily reports indicating miles driven and shall file monttily �davits sfating the number of days worked and the number of miles driven, and further require that they maintain automobile Iiability insurance in amounts of not less than $1 �0,000/$300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single Iimit coverage, with the Ciry of Saint Paul aamed as an additional insured. These rules and regulations, together witit ihe amendment thereto, shall be maintained on file with the city clerk. 2� i � ARTICLE 28 - MATERNITY LEAVE 28.1 Matemity Leave. Matemity 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 pregnancy, the employee xnay 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. ARTICLE 29 - SEVERANCE PAY 29.1 The employer shall provide a severance pay program as set forth in this Article. 29.2 To be eligible for the severance pay prograzn, an employee must meet the following requirements: 29.2(1) The employee must be 58 years of age or oider or must be eligible for pension under the "rule of 9Q" provisions of the Public Employees Retirement Association (PERA) or under the provisions of another public pension plan to which the City of St. Paul contributes. The "rule of 90" criteria shall also apply to � employees covered by a public pension plan other than PERA. 29.2(2} The employee must be voluntarily separated from City empioyment or have been subject to sepazation by layoff or compulsory retirement. Those empioyees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. For ttte purQose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay wili be made to the employee's estate or spouse. For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance . . '3�;5� ' 21 ARTICLE 29 - SEVERANCE PAY (Confinued) 29.2(3) The employee must have at least ten (10) years of consecnfive service under the classified or unclassified Civil Service at the time of sepazation. For the purpose of this Article, employment in either the Ciry or in the Independent School District No. 625 may be used in meeting this ten (10} year service requirement. 29.2(4) The employee must file a waiver of reemployment with the Personnel Director, which will ciearly indicate that by requesting severance pay, the employee waives aIl claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 29.2(5) The employee must have accumulated a min;mum of sixry (60} days of sick leave credits at the time of his/her sepazation from service. � 293 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he/she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of sepazation for each day of accrued sick leave subject to a maximum of � 200 acerued sick leave days. 29.4 The maximmn amount of money that any employee may obfain through the severance pay prograzn is $10,000. 29.5 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 29.6 This severance pay program shall be subject Lo and govemed by the provisions of City Ordinance No. 11490, except in those cases where the specific provisions of this articie conflict with said ordinance and in such cases, the provisions of this article shall controi. 29.7 Any employee hired prior to February 15,1474 may, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the empIoyee to draw severance pay under either this article or the ordinance shall constitute a baz to receiving severance pay from the other. r \ 22 ARTICLE 30 - LEGAL SERVICES � 30.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, employer shall defend save harmless and indemnify employee against tort claun or demand whether groundiess or othenuise arising out of alleged acts or omission occurring in the performance or scope of the employee's duties. 30.2 Notwithstanding Article 30.1, the Employer shail not be responsible for paying any legal service fee or for providing any legal service arising from any legal action where the employee is the Plaintiff. ARTICLE 31- MASTER OF RECORD REQUIl2EMENT 311 The Employer agrees to pay or reimburse employees the cost of the fee far the Minnesota Master Electrician's License for those employees that aze recorded at the State of Minnesota as Master of Record for the employer's use. ARTICLE 32 - UNIFORM ALLOWANCE 32.1 Electricat Inspectors in the Fire Department who aze required to weaz a specified uniform � shall receive an allowance of $425.25 per calendat year from the Fire Departznent. ARTICLE 33 - DURATION AND PLEDGE 33.1 This agreement sha11 become effective as of May l, 2000 and shall remain in effect through the 30th day of April, 2003 and continue in effect from year to yeaz thereafter uniess notice to change or to ternunate is given in the manner provided 'an Article 33.2 of this Agreement. 33.2 If either party desires to terminate or modify this AGREEMENT, effective as of the date of expiration, the parry wishing to modify or terminate the AGREEMENT shall give written notice to the other party, not more than ninety (90) ox less than sixty (60) calendaz days prior to the expiration date, provided that the AGREEMENT may only be so terminated or modified effective as of the expiration date. 333 ln consideration of the terms and conditions of employment established by this AGREBMENT and the recognirion that the GRIEVANCE PROCEDUI2E 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: , ►'Tc? ARTICLE 33 - DURATION AND PLEDGE (Continued) � 33.3(1) The LINION 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 whole or part from the fuli, faithful performance of their duties of employment. 33.3(2) The EMPLOYER will not engage in, instigate, or condone any lock-out of empioyees. 33.3(3) This constitutes a tentative agreement between the parties which will be recommended by the Director of Labor Relations, but is subject to the approval of the Aduiiu.istrafion of the City and is also subject to ratification by the UNION. AGREED and attested to as the full and complete understanding of the parties for the period of fime herein specified by the signature of the following representative from the EMPLOYER and the UNION. WITNESSES: CITY OF SAINT PAUL � � Katherine L. Meg ~� i�� Director of Labor Relations ��� � INTERNATIONAL BROTHERHOOD OF ELE%1`RICAL VJORKERS, LOCAL 110 'James R. Wagner � Business Manager Frank Gurney President, Loca1 110 , ,.tiC�t�-- Richazd J. Vit i Assistant Business Manager �-�-��_ Date ' 24 APPENDIX A • The classes of positions recoe i�ed as being exclusively represented by the UI�IION are as follows: General Lead Electrician In-Chazge General Lead Electrician Lead Electrician Electrician Lighting Maintenance Worker Apprentice Electrician Senior Electrical Inspector 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 jurisd'action of the IJNION. � / A-1 APPENDIX B � For ail normal work weeks established pursuant to the provisions of Articie 8 of this conuact, which includes Sunday, the foliowing provisions shall appiy and govem: All regular electricians employed prior to January 1, 1976 shall be offered assignment to the work week on a senioriry 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 regulaz electricians employed subsequent to January 1, 1976 may be assigned to vacancies in this work week. 3. All regulaz electricians shall have the right to bid on and obtain assignment of a position occupied by an electrician with lesszt class seniority within 30 calendaz days from the date that said position was last filled. 4. Any regular electrician may 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 acceptabie to both parties. These temparary assignments shali be made on the basis of seniority and in no instance sha11 any one employee be required to work on such temporary basis for more than 15 work days or the totai temporary assignment to exceed 90 work days. � IJ � APPENDIX C � L The basic hourly wage rates for temporary employees appointed to the following classes of posirions shail be the following: Basic wa�e rate effective 5/6f00 Electrician Lead Electrician Electrical Inspector Generai Lead Electrician Senior Electrical Inspector General Lead Electrician In-Charge * This rate includes a 13% Vacation Contribution. $30.83* $33.09* $33.09* $34.22* $34.22* $3535* Note: Due to changes in legislation effective 5l2100, temp xates assume no PERA partioipation, even after 6 months. 2. The basic hourly wage rates for provisional, probationary and regular employees appointed to � the following classes of positions and who are covered by the provisions of 12.7 of this Agreement (ilnion benefits) shall be the following: Basic waee rate effective SJ6l00 � Electrician Lead Electrician ElectriaalInspecYOt General Lead Electrician Senior Electrical Inspector General Lead Electrician In-Charge PERA $ 24.46* $ 31.72* $ 31.72* $ 32.85* $ 32.85* $ 33.48* No PERA $ 30.83* $ 33.09* $ 33.09* $ 34.22* $ 34.22* $ 35.35* * This rate includes a 13% Vacation Contribution Cutrent employees will have a one rime option to stay in PERA, in accordance with M.S. 1999 Supplement, Section 353.01. C-1 APPENDIX C (Continued) � The basic hourly wage rates for regular employees appointed to the following classes of positions and who aze covered by the provisions of Article 12.2 of this Agreement (City benefits) shall be the following: Basic wage rate effective 5/6f00 � ' Electrician Lead Electrician Electrical Inspector General Lead Electrician PERA $ 28.16 $ 30.27 $ 30.27 $ 31.34 $ 31.3A $ 32.40 No PERA $ 29.61 $ 31.75 $ 31.75 $ 32.81 $ 32.81 $ 33.88 Senior Electrical Inspector General Lead Electrician In-Chazge Current employees wili have a one time option to stay in PERA, in accordance with M.S. 1999 Supplement, Section 353.01. 4. The basic hourly rate for those holding the title Tr�c L'aghting Maintenance Worker, who receive no benefits, shall be: Effective Effective 5!1/02 (or closest �avroll periodl 5/6f00 $ 10.41 40% of outside Journeyman rate Employees who work an a regularly assigned shift beginning eazlier than 6 a.m. or ending later than 6 p.m, provided that at least five hours of the shift are worked between the hours of 6 p.m. and 6 a.m., shaii be paid a night differential for the entire shift. Empioyees who work on a regularly assigned shift beguuung earlier than 6 a.m. or ending later than 6 p.m., but who work less than five hours between the hours of 6 pm. and 6 a.m., shall be paid a night differential for only those hours actually worked between the hours of 6 pm. and 6 a.m. The night differential shall be 5% of the base rates, and shall be paid only for those night shifts actually worked. The total cost to the Employer, (including wages, fringes, and pension contributions} for employees covered by this Agreement shall be equivalent in money to the total package paid by the employer to employees in compazable ciassifications in the Agreement between I,ocal 110 and the National Electrical Contractors Association (NECA). C-2 APPENDIX C (Continued) � The total package cost shall exclude any payments for industry promotion and/or advertisement, or any other purpose not d'uectly and clearly beneficial to the public empioyer. In the event Local 110 and NECA amend their bazgaining agreement to provide for either a wage or benefit freeze or reduction during the period of this Agreement, such freeze or reduction shall be immediately applicable to the total compensation paid to employees covered by this Agreement. Effective May 1, 2001 (or ciosest payroll period), there will be an additional $2.20 per hour increase added to the total package. The parties will a�ee prior to that date regazding the distribution of the $2.20 between wages and fringes. 'The amount will be decreased by any increase in industry funds. Effective May 1, 2002 (or closest payroll period}, there will be an additional $2.15 per hour increase added to the total package. The parties will agree prior to that date regarding the distribution of the $2.15 between wages and fringes. The amount will be decreased by any increase in industry funds. � � C-3 APPENDIX D � Effective May 6, 2000, the EMPLOYER shall: (1) Contribute to a Union designated Health and Welfare Fund $3.38 per haur for a11 hours worked by participating employees as defined by ttris Agreement. (2) Contribute to a Union designated Pension Fund 5.24% of all wages earned by participating employees as defined by this Agreement. (3) Contribute to a Union designated ApprenticesHip Fund $.36 per hour for all hours worked by participating employees as defined by this Agreement. (4) Contribute to a Union designated Reserve Trust Fund $1.05 per hour for all hours worked by participating employees covered by this Agreement. (5) Contribute to the Union's designated Narional Employees Benefit Fund (N.E.B.F.) 3% of the gross wages earned by all participating employees covered by this Agreement. (6) Contribute to a Union designated Vacation and Holiday Fund 13% of ail wages earned by participating employees covered by this Agreement. This contribution is subject to all payroll deductions. � ' D-1 APPENDIX D (Continued) � (7) Contribute to a Union designated Suppiemental Pension Fund 5.15% of ali wages earned by participating employees covered by this Agreement. �8) For those employees who elect to participate, contribute to the Public Emgloyees Retirement Association (PERA) the Iegally established non-negotiated pension contribution. This contribution shall be 5.18% of gross eaniings and shall be adjusted as required by State Law. The hourly rate of City Benefitted and Participating employees shall be reduced by the actual hourly cost of this contribution; the wages in Appendix C reflect this deduction. � � D-2 APPENDIX E � Pocket Tool Punch and Belt 6" Rule 9" or 10" Alumiuum Leve1 . 8" Side Cutters Crimping Tool 10" Crescent Wrench Combination Box-Open End Wrenches 3l8" - 3/4" Socket Set of equivalent sizes Cold Chisel and Center Punch Taps: fif32 - 8/32 - 10/32 - 10l24 - 1!4 20 Tap Wrench File Rasp 12" %z Round and Rat Tail Hack Saw 12° Blade Screw Drivers 4" - 8" - 12" Reg. Slot and 4" and 6" Phillips Fiashlight Tester, 600 v. Solenoid Type Combination Squaze Knife Long Nose Plier Diagonal Cuttiug Pliers 2 Pair Channel Locks 14" Pipe Wrench or Chain Wrench Allen Wrenches Hammer, Ba11 Peen Scratch Awl Driils - in accordance with Tap sizes 9f32 and 3/8 Fuse Puller Angle Screw Driver Tool Box to hold the above tools The EMPLOYER shali furnish all other necessary tools or equipment. Employees v�rill be held • responsible for tools or equipment issued to them, providing the EMPLOYER fiu�nishes the necessary lockers, "gang box" or other safe place for storage. The EMPLOYER shall replace with similar tools of equal value and quality any of the above listed tools which are turned in by an employee which are no longer serviceable because of wear or breakage, providing the employee has been employed for nine (9) continuous months or more. The EMPLOYER agrees to pay $30.00 toward the cost of a pair of safety shoes purchased by an employee who is a member of this unit. The EMPLOYER shali oniy contribute toward the cost of one pair of shoes per contract year. This reimbursement of $30.00 shall be made only after investigation and approval by the immediate supervisor of the empioyee. This $30.00 EMPLQYER contribution shali apply only to those employees who aze required by the Employer to wear protective shoes or boots. E-1 APPENDIX F � WORKING CONDITIONS FOR SENIOR ELECTRICAL INSPECTORS AND ELECTRICAL INSPECTORS As a result of the 1974 seitlement, the Parties have established craft-detennin.ed 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 classifications. It is, consequently, agreed that the Employer in applying Article 3- EMPLOYER RIGATS - of the MAINTENANCE LABOR AGREEMENT, shall have the right to operate the Deparhnent in the same manner as heretofore, with management rights unaffected, and that the estabiishment of sepazate rates for these ciassifications as well as for Inspector ciassifications in other Bazgaining 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 Unaon because members of various Inspector classifications are assigned to work which is also performed by other Inspector classifications. • � F-1 APPENDIX G � TI-� CITY OF ST. PAUL and ELECTRICAL WORKERS LOCAL #110 MEMORANDUM OF AGREEMENT BETWEEN This agreement is entered into by and between the City of Saint Paul (Ciry) and the Electrical Workers Loca1 #110 (Union). A sunilaz agreement wi11 be entered into by and between the City and the other Trades unions who represent Senior Trades Inspectors in the City's Office of Licensing, Inspection, and Environmental Protection (LIEP): The City and the Union agree that if one of the Senior Trades Inspectors in the Constnzction Division of the Office of LIEP is assigned the addi6onal duties refened to as"Senior Trades Coordinator duties", the payment for assuming these addirional duries sY�all be an additional $4.00/hour added to the selected individual's total package. Tlus additional$4.00/hour shall not be included in any of the calcula6ons of the individual's total package. It is understood that only one of the Senior Inspectors in LIEP will serve in this capacity at any one time, and that the Seniar Inspector who is assigned the Senior Trades Coordinator duties � will continue to perform ail of the Senior Inspector duties already included in the relevant class specification. This Memorandum of Agreement becomes effective with the signing by the Union of the 2000- 2003 Labor Agreement and shali remain in piace until and unless it is renegotiated by the parties to this agreement and any other unpacted unions. i f Saint Pa � � atherine Megany Labor Relations Directo / W Local #110 � Ric azd Viteili Asst. Business Manager G-1 V \_ I • , W H z � a � b(1 � �3 O w N .� N .a � � N � .� � -f t�. N w � � � �. � � � w O O � � > . 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U .� C O � N � P � N � � " � � .D .� � � r., � � .0 .-. N O 0 N T � � 'LY � 0 O N .�-i m O h � ti O V � � 0 .�, �. 0 T at !]. i � S"r �' o� 7 V . ,� w � ww .-, � ORlG1NAL Presented Referred To Committee Date RESOLUTfON CITY OF SAINT PAUL, MINNESOTA Council File # Q � Green Sheet # 10358 1� RESOLVED, that the Council of the City of Saint Paul hereby approves and raufies the attached May 1, 2000 - April 30, 2003 Collective Bargaining Agreement between the City of Saint Pau1 and the International Brotherhood of Electrical Workers, Local 110. Requested by Department of: Benanav Blakey BOSh'Oril � Coleman � Harris � Lantry i / Adopted6yCouncil: Date�� � a � Adoprion CertiSed by Council Secretary � Approved by Mayor: Date � � �� By: ��2� s�yi'��GGC��� Off' e of Labor Relations n By: 5 F App ve�' ttornee � � � y� � / � Approv ayor for S bm' siot Council By: �—� /i L DEPARTMENT/OFFICE/COUNCII.: DATE INITIATED GREEN SHEET No.: 10358 � �� • LABOR RELATIONS September 5, 2000 CONTACI' PERSON & PHONE: � � ttaTIAUDnTE IIv117ALDn"CE JIILIE KRAUS 266-6513 pSSIGi�* 1 DEPARTMENC D 4 C1TY COUNCIL T7pMggg 2 C1TY ATTORNEY CIT'�' CLERK MUST BE ON COUNCII. AGENDA BY (DATE) FOR BUM'ET DIR. � FIN. & MGT. SERVICE DIIt. � ROi1TING 3 MAYOR (OR ASST.) ORDER .� � �� TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNA.T'ORE) acnox �QVESrEn: This resolution approves the attached May I, 2000 - April 30, 2003 Collective Bargaining Agreement between the City of Saint Paul and the Intemational Brotherhood of Electrical VJorkers, Loca1110. RECOMMENDAI'IONS: Approve (A) or Rejec[ (R) PERSONAI. SERVICE CONTRACTS MUST ANSWER TIiE FOLLOWING QUESfIONS: _PLANNING COMAAISSSON CIVIL SERVICE COMP+IISSION 1. Has this personJfizm eves woxtced under a contract fos t6is department? _CIB COMbII7TEE Yes No STAFF 2. Ras this person/firm ever been a city empbyee? DIS'CRICT COURT Yes No � SUPPORTS WFIICH COUNCIL OBJEC'IT VE? 3. Does this person/fimi possess a ski17 not normally possessed by any curtent city empbyee? Yes No Exp{ain all yes answers on separste sheet and attach to green s6eet INTI7ATING PROBLEM, ISSUE, OPPOR7'[7NI1'P (WBo, What, When, Where, Why): E�sting Collective Bargaining Agreement expired Apri130, 2000 and a successor agreement needed to be negotiated. , anvarrracES iF .�rrxo��n Implementation of agreement can proceed. DISADVANTAGES IF APPROVED: None DISADVANTAGES IF NOT APPROVED: Additiona3 negotiations, delayed implementation. TOTe1L AMOUNT OF TRANSACfiON: COSTJREVENUE BUDGETED: FU.NDING SOURCE: AC17V17'Y NOMBER: FINANCIAL INFORMATION: (EXPLAIN) oo-d'�'1 ATTACIIlYIENT TO THE GREEN SI3EET COLLECTIVE BARGAINING AGREEMENT WITH THE ELECTRICIANS Selow is a sumxnary of the changes in the Collective Bazgaining Agreement between the City of Saint Paul and the Electricians. Duration: May 1, 2000 through April 30, 2003. Wa es: The City agreed to the outside prevailing wage rate for each of the next three years. Temporarv Assignments: Language clarified that all future assignments to the classes Lead Electrician, General Lead Electrician and General Lead Electrician in Chazge are to be handled as temporary assignments, consistent with the existing contract language and outside practice. Additionallanguage changes to increase management flexibiliry at the Water Utility. LaYoff: Language changes in the layoff article to increase management flexibility consistent with outside practice, while stili providing employees with protection against arbitrary or capricious decisions. Senior Trades Coordinator position: Language added to provide additional compensation in the event that LIEP chooses to name a Seniar Trades Coordinator. Other Laneuaee Chanaes: Other language changes aze of a housekeeping nature for clarification and clean up. � �J :. � :� �. Oo -k��� . � = May 2; 2006 through April 30, ?A03 . � � . � � _ - COLLECTIVE BARGA�NING - _ � ;;_ �,GREEMEN�` � � _ � � � � " - ;, , - - � � � �.tietween - . _ � - � � � � - � ,���. � � �_ � � � � : � , � � THE CITY OF, SAINT PAIJI; � � - an�c� � � � � � INTERNATIONAL ;BROTHERHOOD O;F � -_ _ � �, � _ _ - �LECTRICAI: WORIiERS,: L`OCAL 110 ` � - � � � �_ - �_;� �,_ � � � � � - � �� .� INDEX • ARTICLE TITLE PAGE ... Pream le ................................................. ui 1 Purpose ....................................................1 2 Recognition ................................................1 3 Employer Rights ............................................1 4 Union Rights ...............................................2 5 Scope ofthe Agreement .......................................2 6 Probationary Periods .........................................2 7 Philosophy of Employment and Compensarion . . . . . . . . . . . . . . . . . . . . . 3 8 Aoursof Work ..............................................4 9 Overtime ..................................................5 10 Callback ..................................................6 11 Work Location ..............................................6 12 Wagesand Fringe Benefits ....................................6 13 Selection of Leads, General Lead and General Lead in Charge ........ 9 14 Insurance ..................................................9 � 15 Holidays ..................................................12 16 Disciplinazy Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 17 Absencesfrom Work ........................................13 18 Seniority ..................................................13 19 Jurisdiction ................................................14 20 Separation and Retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 21 Tools ....................................................15 22 Grievance Procedure ........................................IS 23 Rightof Subcontract ........................................18 24 Non-Discriuiination . . . .. . . . . . . . . . . .. . . . .. . . .. . . . . . . . . . . . . . . . 18 25 Severability ...............................................19 26 Waiver ...................................................19 27 City Mileage ...............................................19 28 Matemity Leave ............................................21 29 Severance Pay .............................................21 30 LegalServices .............................................23 31 Master of Record Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 32 Uniform Allowance .........................................23 � 1 • INDEX (Continued) 33 Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 AppendixA .......................................................... A1 AppendixB .......................................................... B1 AppendixC .......................................................... C1 AppendixD .......................................................... DI Appendix E-Tools .................................................... E1 Appendix F - Working Conditions - Electrical Inspectors . . . . . . . . . . . . . . . . . . . . . . F 1 Appendix G- Senior Trades Coordinator MOU .. ...........................................................Gl Appendix H - Apprentice Matrix ......................................................................................Hl � • ii � PREAMBLE This AGREENIENT is entered into between the City of Saint Pau1, hereinafter referred to as the EMPLOYER and the Intemational Brotherhood of Electrical Workers, Local 110 hereinafter referred to as the IJNION. The EMPLOYER and the UNiON concur that this AGREEMENT has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. The EMPLOYER and the IJNION both realize that this goal depends not only on the words in M the AGREEMENT but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the EMPLOYER, the LTNION, and the individual empioyees will best serve the needs of the general public. • iii � ARTICLE i - PURPOSE 1.1 The EMPLOYER and the I7I3ION agree that the purpose for entering into this AGREEMENT is to: 1.1(1) Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; i.l (2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the EMPLOI'ER and the IJNION; 1.1(3) Establish procedures to order3y and peacefully resolve disputes as to the application or interpretation of this AGREEMENT without loss of pzoductivity. 1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a supplement to legislation that creates and directs the EMPLOYER. If any part of this AGREEMENT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in canflict so that it conforms to the statute as provided by Article 25 (SEVERABILITI�. � ARTICLE 2 - RECOGNITION 2.1 The EMPLOYER recognizes the iJNION as the exclusive regresentative for collective bargaining purposes for all personnel having an employment status of regulaz, probationary, provisianal, 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 ciasses of positions recognized as being exclusively represented by the i JNI0i�3 are as listed in Appendix A. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The EMPLOYER retains the right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to deternune the utilization of technology; to establish and modify the organizational shvcture; to select, direct, and determine the number of personnel; and to perform any inherent manageriai function not specifically limited by ttris AGREEMENT. 3.2 Any "term or condition of employment" not established by this AGREEMENT shali remain with the EMPLOYER to eliminate, modify, or establish following written notification to the iJNION. � ARTICLE 4 - LTNION RIGHTS 4.1 The EMPLOYER shail deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly TJNION dues. Such monies deducted shall be remitted as directed by the t1NION. 4.1(1) The EMPLOYER shall not deduct dues from the wages of employees covered by this AGREEMENT for any other labor organization. 4.1(2) The ITNION shall indemnify and save fiarmiess ihe EMPLOYER from any and all claims or charges made against the EMPLOYER as a result of the implementation of this ARTICLE. 4.2 The IJNION may designate one Q) emp2oyee from the bargaining unit in each deparEment to act as a Stewazd an@ shall inform the EMPLOYER in writiag of such designation. Such employee shal] have the rights and responsibilities as designated in Articie 22 (GRIEVANCE PROCEDURE). 43 Upon notification to a designated EMPLOYER supervisor, the Basiness Manager of the i)NION, or his/her designated representative shall be permitted to enter the facilities of the EMPLOYER where employees covered by this AGREEMENT aze working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This AGREEMENT established the "terms and conditions of employment" defined by M.S. 179A.09, Subd. 19 for a11 employees exclusively represented by the I7NION. This AGREEMENT shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following sepazation, in a regulaz employment status shall serve a six (6) month probationary period during whicfi time the empioyee's f tness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.1(1) At any time during the probationary period an emptoyee may be ternunated at the discrerion of the ENlPLOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE). � � � 2 � ARTICLE 6 - PROBATIONARY PERIODS (Continued) b.l (2) An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shail be sent to the IJNION. 6.2 Personnel who aze assigned to Lead, General Lead or General Lead in Charge positions under the terms of Article 13 shali not serve a probationary period and may be reassigned back to a previous classification at the discretion of the EMPLOYER. 6.2(1) 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 22 (CsRIEVANCE PROCEDURE). 6.2(2) An employee demoted during the promotional probationary period shall be retumed to the employee's previously held class of positions and shall receive a written notice of the reasons for demorions, a copy of which shall be sent to the IJNION. � ARTICLE 7- PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 71 The EMPLOYER and the tJ2JION 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 all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Article 12 (WAGES AND FRINGE BENEFITS). 73 No other compensation or fringe benefit shall be accumulated or eamed by an employee except as specifically provided for in this AGREEMENT; except those employees who have individually optioned to be "grandfathered" as provided by Article 12.2. � 3 ARTICLE 8- HOURS OF WORK S.1 The normat work day sha11 be eight (8} consecufive hours per day, excluding a thirty (30} minuie unpaid lunch period. 8.2 The normal work week shall be five (5) consecutive normal work days in aay seven (7j day period. 8.3 Shif[s other than the regulaz daytime shift Monday tluough Friday may be established. Such shifts must be maintained for a period of at ieast one (1} work week. The second shift shall be a regularly scheduled shift which follows a regularly scheduled frst stufr of five (5) hours or greater, Tfie third shift shall be a regulazly scheduled shift wIuch follows a regulazly scheduted second shifk of five (5) hours or greater. 8.4 For employees on a shift basis, ttus sha11 be construed to mean an average of forty (40) hows a week. 8.5 This secrion 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 particulaz shift may be transferred from that shift to another shift upon one weeks notice; provided, however, that in the event of a vacancy, � an employee may be assigned to another shift to fill such vacancy upon 24 hours notice. 8.7 All employees shaIl be at the work location desigaated by their supervisor, ready for work, at the established starting time, and shall remain at an assigned work Iocation until the end of the established work day unless otherwise directed by their supervisor. 8.8 All employees aze sabject to call-back by the EMPLOYER as pmvided by Articie 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 aay. &.10 The empioyer shall be required to give no less than six and one-half (6.5) hours notice, when an employee is to be Iaid off. � 0 � ARTICLE 9 - OVERTIME 9.1 Atl overtime compensated for by the EMPLOYER must receive prior authorization from a designated EMPLOYER supervisor. No overtime work claun 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 approvai has been obtained. 9.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: 9.2(i) Time worked in excess of eight (8) hours in any one normal work day; and 9.2(2) Tune worked on a sixth (6th) day following a normal work week 9.2(3) Time actually spent doing certain work on smokestacks, structural radio or television towers and bridges ovez water requiring employees with special talents in ciimbing or working at unusual heights away from solid, guarded platforms, scaffolds or permanent, enclosed ladders. 93 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed � under the following circumstances: 9.3(1) Time woxked on a seventh (7th) day following a normal work week; and 93(2) 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 (1.5). 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 or in compensatory time. The basis on which overtime shall be paid shall be determined solely by the EMPLOYER. Compensatory time off must be approved by the EMPLOYER. � 5 ARTICLE IO - CALL BACK 10.1 The EMPLOYER retains the rigfit to call back employees before an employee fias started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. I 0.2 Empioyees called back shall receive a minimum of four {4} hours pay at the basic hourly rate. 10.3 The hours worked based on a catl-back shail be compensated in accordance with Article 9 (OVERTTME), when appticable, and subject to m+n;mum established by 10.2 above. 10.4 Employees cailed back four (4) hours or less prior to the'u normal work day shall complete the normat work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME). ARTICLE 11 - WORK LOCATION � I 1.1 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 EMPLOYER. � 1 L2 Emptoyees assigned to work locations during the nomtat work day, other than their original assignment, and who aze required to furnish their own transportation shall be compensated for mileage. ARTICLE 12 - WAGES AND FRINGE BENEFITS 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. The basic hourly wage rates as established by Appendix H shall be paid for all hours worked by an apprentice. 12.2 Employees who are covered by the &inge benefits Iisted below shall continue to be covered by such benefits. T'hey shall be subjeet to all other provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and(or deductioas made on their behalf as provided for by Article 12.7 (FRINGE BENEFITS}. 12.2(1) Insurance benefits as established by the City of Saint Paul. The hourly rate of City Benefitted employees shall be reduced by the actual fiourly cost of active health insurance and a prefunded flat zate of $1.75 per hour for retiree heatth insurance. The wages in Appendix C reflect these deductions. . 0 � ARTICLE 12 - WAGES AND FRINGE BENEFITS (Continued) 12.2(2) Sick Leave as established by Resolution No. 3250, Section 2Q. Effective May 1, 1997, the remaining City Benefitted electricians shall be charged with the actual average number of sick leave hours used, or 48 houts, wiuchever is less, in the wage calculation. The wages in Appendix C reflect this charge. 12.2(3) In each calendar yeaz, each full-time employee who is eligible for vacation shall be granted vacation according to the following schedule: Years of Service Less than 5 yeazs After 5 years thru 15 yeazs After 15 years and thereafter Vacarion Granted I S days 20 days 25 days These hours shall be included in the wage calculation to determine the rates for City Benefitted electricians. � Employees who work less than full-fime sha11 be granted vacation on a pro rata basis. The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 12.2(4} Ten (10) legal holidays as established by the Saint Paul Salary P1an and Rates of Compensation, Section l, Subdivision I. These hours shall be charged in the wage calculafion to determine the rates for City Benefitted electricians. 12.2(5) Severance benefits as established by Ordinance No. 11490 with a ma�cunum payment of $4,000 or as established by Article 29 of this Agreement. . 12.3 Regulaz empioyees covered by the Fringe Benefits in 12.2 shall have the right to transfer from this coverage. Employees requesting such transfer shall be considered participating empioyees and will no longer be covered by the fringe benefits in 12.2 but shall be covered by 12.4. 12.4 Regular employees not covered by the fiinge benefits listed in Article 12.2 shall be considered, for the purQose of this AGREEMEI3T, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made on theu behalf as provided for by Article 12.7. Participating employees shall use all vacation that they have eamed and are eligible for as outlined in the Saint Paul Electrical Workers Regulaz Vacation and Holiday & Reserve Trust Plan Documents. 7 ARTICLE 12 - WAGES AND FRINGE BENEFITS (Continued) � 12.5 Provisional, temporary, and emergency employees sha11 be considered, for the purposes of tYus 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 behalf as provided for by Article 12.7. I2.6 All regutaz employees employed in a title in this bargaining unit after February 15, 1974, shalt be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made on their behatf as provided for by Article 12.7. Employees who promote, transfer or reduce to any titie in this bazgaining unit from any title which is not in this bazgaining unit shail not be allowed to use any accumulated sick ieave credits while they aze in such tide. If the employee promotes, t�ransfers or reduces to any title which is not in this bargaining uniY and if sick leave is allowed under the new title, the accumulated sick Ieave the employee had at the time such employee became a member of this bazgaining unit sha11 be reinstated. I2.7 The EMPLQYER shall make contributions on behalf of and/or make deductions from the wages of employees covered by flus AGREEMENT in accordance with Appendix D for all hours worked. � 12.8 For employees who have elected to become, as of January 26, 1991, participating empIoyees as defined in Article 12.6 of this Agreement, the Employer will make the Heaith and Welfaze contribution in accordance with item (1) of Appendix "D" of this Agreement. Such coniribution shall be made for hours worked as of December 29,1990. No other contributions listed in Appendix "D" shal] be made for such employees for any hours worked prior to January 26, I991. Such empIoyees shail not be eligible for City Health and Life insurance after February 28, 1992. 12.9 Accumulated sick leave credit balances as of January 25,1991, for employees covered by Articte 12.8 above shall be frozen as of January 25, 1991. Such frozen sick leave balances may only be used for severance pay purposes. Severance pay shall be granted only in accordance with Article 29 of this Agreement. 12.10 Employees covered by Arficle 12.8 above shali discontinue eaming sick leave and vacation and shail not be eligibie for City paid holidays as of Janvary 26, 1991. Such employees shall be paid the base rate of pay as shown in item 2 of Appendix "C" of tius Agreement effective Jaauary 26, 1991. � E:3 ARTICLE 13 - SELECTION OF LEADS, GENERAL LEADS AND � GENERAL LEAD IN CHARGE 13.1 The selection of personnel for the class of positions Lead Electrician, General I,ead Electrician and General Lead Electrician In Chazge shall remain solely with the Employer. 13.2 The class of positions, Lead Electrician, General Lead Electrician and General Lead Electrician In Charge, shall be filled by employees of the bazgainuig unit on a"temporary assignment " Any employee who is assigned to one of the above classes may be subsequentiy reassigned under the terms of Article 6.2. Such reassignment may be back to any one of the employee's previous classifications and rates of pay. The decision to . reassign an employee out of one of the above classes is not grievable/arbitrable under either the Civil Service Rules or Article 22. It is understood that this clause 13.2 expressly supercedes any relevant Civil Service Rules in accordance with Article 5, but does not apply to employees who were appointed to these classes prior to the signing of the 2000-2003 Agreement. 13.3 All "temporary assignments" shall be made only at the direction of a designated EMPLOYER supervisor. 13.4 If the General Lead Electrician has scheduled time off of four (4) days or more, a temporary wi11 be assigned on the first day of the scheduled time off unless the General Lead Electrician is absent due to local seminazs or other city business and is available by phone. No temporary assignment is necessazy if the General Lead Electrician is absent for three (3) days ar less due to illness or scheduled time off. 13.5 The Lead Electrician will be repiaced on the first (1st) day of an absence. This provision 13.5 shall not apply to the Water Utility, until and unless the Water Utility employs two non-Lead 3ourneyman Electricians. ARTICLE 14 - INSURANCE Active Employees 14.1 This Article shall apply to employees who are eligible for the fringe benefits listed in Article 12.2 (City benefits). • 9 ARTICLE 14 - INSURANCE (Continued) The insurance plans, premiums for coverages, and benefits contained in the insurance ptans offered by the Employer skatl be solely controlled by the contracts negotiated by the Empioyer and the benefit providers. However, the employees selecting the offered plans agree to accept any changes in benefiu wtuch a specific pmvider implemenu. For emptoyees who select single coverage, the Employer will contribute I00% of the cost of the single premium. For employees who select dependent coverage, the Employer will contribute 50% of the cost of the dependent premium. The Bmpioyer will pmvide $S,OQO of term life insurance for each emptoyee. Retiree Heatth Bene�its 14.2 Employees who retire must meet the following conditioas in order io be eligible far the Employer contribution for retiree health benefits: 14.2(1) Be receiving benefits from a public employee retirement act covering employees of tlre City of Saint Paul at the time of retirement, and � 14.2(2) Have severed his/her relationstup with the City of Saint Paul under one of the retiree plans, and � 14.2(3) Have severed his/her relafionship with the City of Saint Paul for reasons other than an involuntary temunation for misconduct. Early Retirees (under age 65) 143 For those employees who retire before age 65 and are eligib2e for eazly retiree benefits under the terms set forth in Article 14.2 above and until such retirees reach sixty-five (65) yeazs of age, the Employer shall continue to make the same contribution for eazly retiree benefits as those for active employees. For eazly retirees selecting single coverage, the Employer will contribute 100% of the premium cost for single coverage. For earty retirees selecting dependent coverage, the Employer will contribute 50% of the premium cost for dependent coverage. The Empioyer will aiso continue life insurance benefits for eligible early retirees in the same amount as provided to them as active employees. Life insurance benefits terminate at age 65. VJhen such eazly retiree attains age 65, the provisions of Article 14.4 shall apply. 10 • � ARTICLE 14 - INSURANCE (Continued) Regular Retirees (age 65 and older) 14.4 Employees who retire at or after the age of sixty-five (65) must meet the conditions set forth in Article 14.2. 14.4 (1) For such employees who retire after December 31,1995, the Employer agrees to contribute a maximum of $550.00 per month towazd the premium for single or dependent health insurance coverage offered to regulaz retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Articie shall also apply to early retirees upon reaching age 65, who retired after December 31, 1995 under the provisions of Article 14.2. Survivor Benefts 14.5 In the event of the death of an eariy retiree or a regular retiree, the dependent of the retiree shall have the option, within thirty (30) days, to continue the curtent hospitalization and medical benefits which said dependents previously had, at the � premium and Employer contribution accorded to the eligible deceased retiree. It is further understood that coverage shali cease in the event of: 14.5(1) Subsequent remarriage ofthe surviving spouse of the deceased employee or retiree. 14.5(2) The employment of the surviving spouse or dependent where health insurance is obtained thtough a group progtam provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. 14.6 The contributions indicated in Article 14 shall be paid to the Employer's third party administrator or designated representative. � 11 ARTICLE IS - HOLIDAYS 15.1 The following ten (10) days shail be designated as holidays: New Year's Day, January 1 Martin Luther King Day, third Monday in January Presidents' Day, third Monday in February Memoriai Day, last Monday in May Independeace Day, July 4 Labor Day, first Monday in September Veterans' Day, November 11 T'hanksgiving Day, fourth Thursday in November Day after Thanksgiving, fourth Friday in November Christrnas Day, December 25 15.2 When New Year's Day, Independence Day or Chtistmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3} holidays falis 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 holidays shall be observed on the calendar date of the holiday. 153 The ten (10) holidays shai� 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 scheduted or "called back" in accordance with Article 10 (CALL BACK). 15.5 Participating employees, as defined in Articles 123,12.4,12.5 and 12.6, assigned to work on Martin Luther King Day, PresidenYs Day, Day after Thanksgiving, or Veteran's Day, shall be compensated on a straight time basis for such hours worked. 15.6 Participating employees, as defined in Articles 123, 12.4, 12.5 and 12.6, assigned to work on New Yeaz's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 15.7 If an employee other than a Participating Emptoyee is required to work on a designated holiday, he(she shali be compeasated at a rate of two (2) fimes the basic hourly rate for such hours worked. 15.8 Coiumbus Day and the day before Christmas Day shalt be considered work days. All employees working on these days shall be compensated on a straight time basis. 12 � � u • ARTICLE 16 - DISCIPLINARY PROCEDUI2ES 1 b.l The EMPLOYER shall have the right to impose disciplinary actions on employees for just cause. 16.2 Disciplinary actions by the EMPLOYER shall inctude only the following actions: 16.2(1) Oral reprimand 16.2(2) Written reprimand 162(3) Suspension 16.2(4) Demotion 16.2(5) Discharge 163 Empioyees who aze 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 dischazge shall be considered a"grievance" for the purpose of processing through the provisions of Article 22 (GRIEVANCE PROCEDURE). � ARTICLE 17 - ABSENCES FROM WORK 17.1 Employees who aze unable to report foz their normai 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 EMPLOYER on the pazc of the employee. ARTICLE 18 - SENIORITY 18.1 Seniority, for ihe purposes of this AGREEMENT, shall be defined as follows: 18.1(1) "Master Seniority" - the length of continuous regulaz and probarionary service with the EMPLOYER from the last date of employment in any and all class tities covered by tlus AGREEMENT. � 13 ARTICLE I8 - SENIORITY (Continued) 18.1(2) "Ciass Seniority" - the length of continuous regutar and probationary service with the EMPLOYER from the date an employee was first appointed to a class title covered by this AGREEMENT'. 18.2 Seniority shall not accumulate during an unpaid teave 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:ed service of the EMPLOYER or to an elected or appointed full time position with the iJNION. 183 Seniority shall terminate when an empioyee retires, resigns, or is discharged. � 18.4 In the event it is determined by the EMPLOYER that it is necessary to reduce the work force, all temporary employees shall be released prior to the layoff of permanent employees. Further, it is management's intent that permanent employees will be laid off by class title within each Department, hased on inverse length of "Class Seniority-". However, management reserves the right to institute layoffs out of seniority order for legitimate business reasons. Management's exercise of Uus right shall not be azbitrary or capricious. If the Union believes that an out-of-order Iayoff has occurred for an azbitrary or capricious reason, such decision may be grieved under Article 22. Recall from tayoff � shall be inverse order of layoff, except that recali rights shall expire after two years of Iayoff: 18.5 The selection of vacation periods shall be made by class title based on Iength of "Class Seniority," subject to the approval of the EMPLOYER. ARTICLE 19 - JURISDICTION 19.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate subject for detemunation by the various unions representing employees of the EMPLOYER. 19.2 The EMPLOYER agees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 193 In the event of a dispute concerning the performaace or assignment of work, the unions involved and the EMPLOYER shall meet as soon as mutually possible to resolve the dispute. Nothing in ihe foregoing shall restrict the right of the EMPLOYER to accompIish the work as originally assigned pending resolution of the dispute or to restrict t[ie EMPLOYER's basic right to assign work. r� L_� 14 i 16 {DISCIPLINARY PROCEDURES). 20.1(1) Resignation. Employees resigning from employment shall give written notice fourteen (14) calendaz days prior to the effective date of the resignation. ARTICLE 19 - JIJRISDICTION (Continued) 19.4 Any employee refusing to perform work assigned by the EMPLOYER and as clarified by Sections 19.2 and 193 above shali be subject to disciplinary action as provided in Articie 19.5 There shall be no work s[oppage, slow down, or any disruption of work resulting from a work assignment. ARTICLE 20 - SEPARATION AND RETIlZEMENT 20.1 Employees having a probarionary or regular employment status shall be considered sepazated from employment based on the following actions: 20.1 {2) Retirement. All employees shall retire from employment with the EMPLOYER no later than the last calendar day of the month in which an emplayee becomes seventy years old. �J 20.1(3) Discharge. As provided in Article 16. 20.1(4) Failure to Report for Duty. As provided for in Article 17. 20.2 Employees having an emergency, temporaty, or provisional employment status may be terminated at the discretion of the EMPLOYER before the completion of a normal work day. ARTICLE Zl - TOOLS 21.1 AIi employees shall personally provide themselves with the toois of the trade as listed in Appendix E. ARTICLE 22 - GRIEVANCE PROCEDURE 22.1 The EMPLOYER shall recognize Stewazds selected in accordance with IJNION rules and regulations as the grievance representafive of the bargaining unit. The iJN10N shall notify the EMPLOYER in writing of the names of the Stewards and of their successors when so named. CJ 15 ARTICLE 22 - GRIEVANCE PROCEDURE (Continned) 22.2 It is recognized and accepted by the EMPLOYER and the TJNION that the processing of grievances as hereinafter provided is limited by tiie job duties and responsibiiities o£the empioyees and shali therefore be accomplished during working hours only when consistent with such empIoyee duties and responsibilities. The Stewazd involved and a grieving employee shal2 suffer no Ioss in pay when a grievance is processed during working hours, provided the Stewazd and the empioyee have notified and received the approvai of their supervisor to be absent to process a grievance and that such absence would not be detrimentai to the work programs of the EMPLOYER. 223 The procedure established by tfiis ARTTCLE sha11 be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article 163, for the processing of grievances, which aze defined as an alleged violation of the terms and conditions of this AGREEMENT. 22.4 Grievances shall be resoived 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 empioyee's supervzsor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and � refened to Step 2 by the i7NION. The written grievance shall set forth the nature of the grievauce, the facts on which it is based, the aiteged sections(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the LTNION within seven (7) catendar days of the fust occurrence of tke event giving rise to the grievance or within the use of reasonabte diligence should have had lrnowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendaz days after receiving the written grievance a designated EMPLQYER supervisor shall meet with the UNEON Steward and attempt to resolve the grievance. If, as a result of ttus meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the LJNION within three (3) calendar days following this meeting. The UI�ION may refer the grievance in writing to Step 3 within seven (7) catendar days following receipt of the EMPLOYER's written answer. Any grievance not refeaed in writing by the i1NION within seven (7) calendat days following receipt of the EMPLOYER's answer shall be considered waived. � 16 ARTICLE 22 - 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 LJNION Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the EMPLOYER shali reply in writing to the LJTTION stating the EMPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the IJNION may refer the grievance to Step 4. Any grievance not refeaed to in writing by the iJNION to Step 4 within seven (7) calendaz days foliowing receipt of the EMPLOYER'S answer shatl be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER, request azbitration of the grievance. The azbitration proceedings shall be conducted by an azbitrator to be selected by mutual agreement of the EMPLOYER and the iJ1VION within seven (7) calendaz days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either parry may request the Bureau of Mediation Services to submit a panel of five (5) azbitrators. Both the EMPLOYER and the LINION shall have the right to sttike two (2} names from the panel. Tfie Union shall strike the first (1 st) name; the EMPLOYER � shall then strike one { 1) name. The process will be repeated and the remaining person shall be the arbitrator. 22S The azbitrator shali 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 iJr1ION and shali have no authority to make a decision on any other issue not so submitted. The azbitrator 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 azbitrator's decision shall be submitted in writing within thirty (30) days foliowing close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an e�ension. The decision shali be hased solely on the azbitrator's interpretation or application of the express terms of this AGREEMENT and the facts of the grievance presented. The decision of the azbi�ator shall be final and binding on the EMPLOYER, the L)NION, and the employees. , 17 ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) � 22.6 T'he fees and expenses for the azbi¢ator's services and proceedings shail be bome equally by the EMPLOYER and the LTNION, provided thaf each party shali be responsibie for compensating its own representative and wimesses. If eifher pazty canceis an azbitration hearing or asks for a last minute postponement fhat leads to the azbitrators making a chazge, the canceling party or the party asking for the postponement shall pay tlus 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 tlus procedure may be extended by mutual ageement of tfie EMPLOYER and the iJNION. ARTICLE 23 - RIGHT O�' SUBCONTRACT 23.1 The EMPLOYER may, at any time during the duration of this AGREEMENT, contract out work done by the employees covered by tivs AGREEMENT. In the event that such contracting would result in a reduction of the work force covered by this AGREEMENT, the EMPLOYER shail give the tTNION a ninety (9D) 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 alk cases be made only to empioyers who qualify in accordance with Ordinance No. 14013. ARTICLE 24 - NON-DISCRIMINATION 24.1 The terms and condifions of this AGREEMENT wili be applied to employees equally without regazd to, or discrim;na6on for or agaln5t, any individual because of race, color, creed, sex, age, disability or because of inembership or non-memberslup in the LTrtION. 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. m � � ARTICLE 25 - SEVERA,BILITY 25.1 In the event that any provision(s) ofthis AGREEMENT is declazed to be contrary to law by proper legislative, admiaistrarive, or judicial authority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shail continue in full force and effect. 25.2 The parties agree to, upon written notice, enter into negoriations to place the voided provisions of the AGREEMENT in compliance with the legisiative, administrative, or judicial deternunation. ARTICLE 26 - WAIVER 26.1 The EMPLOYER and the UNION acknowledge that during the meeting and negotiating which xesulted in this AGREEMENT, each had the right and oppomuuty to make proposals with respect to any subject concerning the terms and oondirions of employment. The agreements and understandings reached by the parties after the exercise of this right aze fully and compietely set forth in this AGREEMENT. 26.2 Therefore, the EMPLOYER and the UNiON far the duration of this AGREEMENT agree that the other pariy shail not be obligated to meet and negotiate over any texm or � conditions of employment whether specificaily covered or not specifically covered by this AGREEMENT. The U1�TION and EMPLOYER may, however, mutualiy agree to modify any provision of this AGREEMENT. 263 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. ARTICLE 27 - CITY MILEAGE 27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to ieimbursement of City officers and empioyees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 27.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. � 19 ARTICLE 27 - CITY MILEAGE (Continued) Type I. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicIe is actually used in performing the duties of the employee's position. In additioa, the employee shall be reimbnrsed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employtnent and the department head or designated representative deiermines that an employer vehicle is avaitable for tlie employee's use but ttte employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shail not be eligible for any per diem. Type 2. If an employee is required to use tris/her own automobile REGITLARLY during empioyment, the employee sha11 be reimbursed at the rate of $4.00 per day for each day of work. In addition, the empioyee shall be rennbursed $.20 per mile for each mile actuaily driven. � If such employee is required to drive an automobile during empIoyment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the empioyee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of � $.20 per mile driven and shall not be eligible for any per diem. 27.3 The City will provide parking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plaas who aze required to have their personal car available for City business. Such parking will be provided only for the days the employee is requited to have his/her own personal car availabie. 27.4 Rules and Regulations: The Mayor shall adopt niles and regulations goveming the procedures for automobile reimbursement, which regutations and rules sha11 contain the requirement that recipienu shall file daily reports indicating miles driven and shall file monttily �davits sfating the number of days worked and the number of miles driven, and further require that they maintain automobile Iiability insurance in amounts of not less than $1 �0,000/$300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single Iimit coverage, with the Ciry of Saint Paul aamed as an additional insured. These rules and regulations, together witit ihe amendment thereto, shall be maintained on file with the city clerk. 2� i � ARTICLE 28 - MATERNITY LEAVE 28.1 Matemity Leave. Matemity 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 pregnancy, the employee xnay 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. ARTICLE 29 - SEVERANCE PAY 29.1 The employer shall provide a severance pay program as set forth in this Article. 29.2 To be eligible for the severance pay prograzn, an employee must meet the following requirements: 29.2(1) The employee must be 58 years of age or oider or must be eligible for pension under the "rule of 9Q" provisions of the Public Employees Retirement Association (PERA) or under the provisions of another public pension plan to which the City of St. Paul contributes. The "rule of 90" criteria shall also apply to � employees covered by a public pension plan other than PERA. 29.2(2} The employee must be voluntarily separated from City empioyment or have been subject to sepazation by layoff or compulsory retirement. Those empioyees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. For ttte purQose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay wili be made to the employee's estate or spouse. For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance . . '3�;5� ' 21 ARTICLE 29 - SEVERANCE PAY (Confinued) 29.2(3) The employee must have at least ten (10) years of consecnfive service under the classified or unclassified Civil Service at the time of sepazation. For the purpose of this Article, employment in either the Ciry or in the Independent School District No. 625 may be used in meeting this ten (10} year service requirement. 29.2(4) The employee must file a waiver of reemployment with the Personnel Director, which will ciearly indicate that by requesting severance pay, the employee waives aIl claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 29.2(5) The employee must have accumulated a min;mum of sixry (60} days of sick leave credits at the time of his/her sepazation from service. � 293 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he/she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of sepazation for each day of accrued sick leave subject to a maximum of � 200 acerued sick leave days. 29.4 The maximmn amount of money that any employee may obfain through the severance pay prograzn is $10,000. 29.5 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 29.6 This severance pay program shall be subject Lo and govemed by the provisions of City Ordinance No. 11490, except in those cases where the specific provisions of this articie conflict with said ordinance and in such cases, the provisions of this article shall controi. 29.7 Any employee hired prior to February 15,1474 may, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the empIoyee to draw severance pay under either this article or the ordinance shall constitute a baz to receiving severance pay from the other. r \ 22 ARTICLE 30 - LEGAL SERVICES � 30.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, employer shall defend save harmless and indemnify employee against tort claun or demand whether groundiess or othenuise arising out of alleged acts or omission occurring in the performance or scope of the employee's duties. 30.2 Notwithstanding Article 30.1, the Employer shail not be responsible for paying any legal service fee or for providing any legal service arising from any legal action where the employee is the Plaintiff. ARTICLE 31- MASTER OF RECORD REQUIl2EMENT 311 The Employer agrees to pay or reimburse employees the cost of the fee far the Minnesota Master Electrician's License for those employees that aze recorded at the State of Minnesota as Master of Record for the employer's use. ARTICLE 32 - UNIFORM ALLOWANCE 32.1 Electricat Inspectors in the Fire Department who aze required to weaz a specified uniform � shall receive an allowance of $425.25 per calendat year from the Fire Departznent. ARTICLE 33 - DURATION AND PLEDGE 33.1 This agreement sha11 become effective as of May l, 2000 and shall remain in effect through the 30th day of April, 2003 and continue in effect from year to yeaz thereafter uniess notice to change or to ternunate is given in the manner provided 'an Article 33.2 of this Agreement. 33.2 If either party desires to terminate or modify this AGREEMENT, effective as of the date of expiration, the parry wishing to modify or terminate the AGREEMENT shall give written notice to the other party, not more than ninety (90) ox less than sixty (60) calendaz days prior to the expiration date, provided that the AGREEMENT may only be so terminated or modified effective as of the expiration date. 333 ln consideration of the terms and conditions of employment established by this AGREBMENT and the recognirion that the GRIEVANCE PROCEDUI2E 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: , ►'Tc? ARTICLE 33 - DURATION AND PLEDGE (Continued) � 33.3(1) The LINION 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 whole or part from the fuli, faithful performance of their duties of employment. 33.3(2) The EMPLOYER will not engage in, instigate, or condone any lock-out of empioyees. 33.3(3) This constitutes a tentative agreement between the parties which will be recommended by the Director of Labor Relations, but is subject to the approval of the Aduiiu.istrafion of the City and is also subject to ratification by the UNION. AGREED and attested to as the full and complete understanding of the parties for the period of fime herein specified by the signature of the following representative from the EMPLOYER and the UNION. WITNESSES: CITY OF SAINT PAUL � � Katherine L. Meg ~� i�� Director of Labor Relations ��� � INTERNATIONAL BROTHERHOOD OF ELE%1`RICAL VJORKERS, LOCAL 110 'James R. Wagner � Business Manager Frank Gurney President, Loca1 110 , ,.tiC�t�-- Richazd J. Vit i Assistant Business Manager �-�-��_ Date ' 24 APPENDIX A • The classes of positions recoe i�ed as being exclusively represented by the UI�IION are as follows: General Lead Electrician In-Chazge General Lead Electrician Lead Electrician Electrician Lighting Maintenance Worker Apprentice Electrician Senior Electrical Inspector 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 jurisd'action of the IJNION. � / A-1 APPENDIX B � For ail normal work weeks established pursuant to the provisions of Articie 8 of this conuact, which includes Sunday, the foliowing provisions shall appiy and govem: All regular electricians employed prior to January 1, 1976 shall be offered assignment to the work week on a senioriry 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 regulaz electricians employed subsequent to January 1, 1976 may be assigned to vacancies in this work week. 3. All regulaz electricians shall have the right to bid on and obtain assignment of a position occupied by an electrician with lesszt class seniority within 30 calendaz days from the date that said position was last filled. 4. Any regular electrician may 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 acceptabie to both parties. These temparary assignments shali be made on the basis of seniority and in no instance sha11 any one employee be required to work on such temporary basis for more than 15 work days or the totai temporary assignment to exceed 90 work days. � IJ � APPENDIX C � L The basic hourly wage rates for temporary employees appointed to the following classes of posirions shail be the following: Basic wa�e rate effective 5/6f00 Electrician Lead Electrician Electrical Inspector Generai Lead Electrician Senior Electrical Inspector General Lead Electrician In-Charge * This rate includes a 13% Vacation Contribution. $30.83* $33.09* $33.09* $34.22* $34.22* $3535* Note: Due to changes in legislation effective 5l2100, temp xates assume no PERA partioipation, even after 6 months. 2. The basic hourly wage rates for provisional, probationary and regular employees appointed to � the following classes of positions and who are covered by the provisions of 12.7 of this Agreement (ilnion benefits) shall be the following: Basic waee rate effective SJ6l00 � Electrician Lead Electrician ElectriaalInspecYOt General Lead Electrician Senior Electrical Inspector General Lead Electrician In-Charge PERA $ 24.46* $ 31.72* $ 31.72* $ 32.85* $ 32.85* $ 33.48* No PERA $ 30.83* $ 33.09* $ 33.09* $ 34.22* $ 34.22* $ 35.35* * This rate includes a 13% Vacation Contribution Cutrent employees will have a one rime option to stay in PERA, in accordance with M.S. 1999 Supplement, Section 353.01. C-1 APPENDIX C (Continued) � The basic hourly wage rates for regular employees appointed to the following classes of positions and who aze covered by the provisions of Article 12.2 of this Agreement (City benefits) shall be the following: Basic wage rate effective 5/6f00 � ' Electrician Lead Electrician Electrical Inspector General Lead Electrician PERA $ 28.16 $ 30.27 $ 30.27 $ 31.34 $ 31.3A $ 32.40 No PERA $ 29.61 $ 31.75 $ 31.75 $ 32.81 $ 32.81 $ 33.88 Senior Electrical Inspector General Lead Electrician In-Chazge Current employees wili have a one time option to stay in PERA, in accordance with M.S. 1999 Supplement, Section 353.01. 4. The basic hourly rate for those holding the title Tr�c L'aghting Maintenance Worker, who receive no benefits, shall be: Effective Effective 5!1/02 (or closest �avroll periodl 5/6f00 $ 10.41 40% of outside Journeyman rate Employees who work an a regularly assigned shift beginning eazlier than 6 a.m. or ending later than 6 p.m, provided that at least five hours of the shift are worked between the hours of 6 p.m. and 6 a.m., shaii be paid a night differential for the entire shift. Empioyees who work on a regularly assigned shift beguuung earlier than 6 a.m. or ending later than 6 p.m., but who work less than five hours between the hours of 6 pm. and 6 a.m., shall be paid a night differential for only those hours actually worked between the hours of 6 pm. and 6 a.m. The night differential shall be 5% of the base rates, and shall be paid only for those night shifts actually worked. The total cost to the Employer, (including wages, fringes, and pension contributions} for employees covered by this Agreement shall be equivalent in money to the total package paid by the employer to employees in compazable ciassifications in the Agreement between I,ocal 110 and the National Electrical Contractors Association (NECA). C-2 APPENDIX C (Continued) � The total package cost shall exclude any payments for industry promotion and/or advertisement, or any other purpose not d'uectly and clearly beneficial to the public empioyer. In the event Local 110 and NECA amend their bazgaining agreement to provide for either a wage or benefit freeze or reduction during the period of this Agreement, such freeze or reduction shall be immediately applicable to the total compensation paid to employees covered by this Agreement. Effective May 1, 2001 (or ciosest payroll period), there will be an additional $2.20 per hour increase added to the total package. The parties will a�ee prior to that date regazding the distribution of the $2.20 between wages and fringes. 'The amount will be decreased by any increase in industry funds. Effective May 1, 2002 (or closest payroll period}, there will be an additional $2.15 per hour increase added to the total package. The parties will agree prior to that date regarding the distribution of the $2.15 between wages and fringes. The amount will be decreased by any increase in industry funds. � � C-3 APPENDIX D � Effective May 6, 2000, the EMPLOYER shall: (1) Contribute to a Union designated Health and Welfare Fund $3.38 per haur for a11 hours worked by participating employees as defined by ttris Agreement. (2) Contribute to a Union designated Pension Fund 5.24% of all wages earned by participating employees as defined by this Agreement. (3) Contribute to a Union designated ApprenticesHip Fund $.36 per hour for all hours worked by participating employees as defined by this Agreement. (4) Contribute to a Union designated Reserve Trust Fund $1.05 per hour for all hours worked by participating employees covered by this Agreement. (5) Contribute to the Union's designated Narional Employees Benefit Fund (N.E.B.F.) 3% of the gross wages earned by all participating employees covered by this Agreement. (6) Contribute to a Union designated Vacation and Holiday Fund 13% of ail wages earned by participating employees covered by this Agreement. This contribution is subject to all payroll deductions. � ' D-1 APPENDIX D (Continued) � (7) Contribute to a Union designated Suppiemental Pension Fund 5.15% of ali wages earned by participating employees covered by this Agreement. �8) For those employees who elect to participate, contribute to the Public Emgloyees Retirement Association (PERA) the Iegally established non-negotiated pension contribution. This contribution shall be 5.18% of gross eaniings and shall be adjusted as required by State Law. The hourly rate of City Benefitted and Participating employees shall be reduced by the actual hourly cost of this contribution; the wages in Appendix C reflect this deduction. � � D-2 APPENDIX E � Pocket Tool Punch and Belt 6" Rule 9" or 10" Alumiuum Leve1 . 8" Side Cutters Crimping Tool 10" Crescent Wrench Combination Box-Open End Wrenches 3l8" - 3/4" Socket Set of equivalent sizes Cold Chisel and Center Punch Taps: fif32 - 8/32 - 10/32 - 10l24 - 1!4 20 Tap Wrench File Rasp 12" %z Round and Rat Tail Hack Saw 12° Blade Screw Drivers 4" - 8" - 12" Reg. Slot and 4" and 6" Phillips Fiashlight Tester, 600 v. Solenoid Type Combination Squaze Knife Long Nose Plier Diagonal Cuttiug Pliers 2 Pair Channel Locks 14" Pipe Wrench or Chain Wrench Allen Wrenches Hammer, Ba11 Peen Scratch Awl Driils - in accordance with Tap sizes 9f32 and 3/8 Fuse Puller Angle Screw Driver Tool Box to hold the above tools The EMPLOYER shali furnish all other necessary tools or equipment. Employees v�rill be held • responsible for tools or equipment issued to them, providing the EMPLOYER fiu�nishes the necessary lockers, "gang box" or other safe place for storage. The EMPLOYER shall replace with similar tools of equal value and quality any of the above listed tools which are turned in by an employee which are no longer serviceable because of wear or breakage, providing the employee has been employed for nine (9) continuous months or more. The EMPLOYER agrees to pay $30.00 toward the cost of a pair of safety shoes purchased by an employee who is a member of this unit. The EMPLOYER shali oniy contribute toward the cost of one pair of shoes per contract year. This reimbursement of $30.00 shall be made only after investigation and approval by the immediate supervisor of the empioyee. This $30.00 EMPLQYER contribution shali apply only to those employees who aze required by the Employer to wear protective shoes or boots. E-1 APPENDIX F � WORKING CONDITIONS FOR SENIOR ELECTRICAL INSPECTORS AND ELECTRICAL INSPECTORS As a result of the 1974 seitlement, the Parties have established craft-detennin.ed 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 classifications. It is, consequently, agreed that the Employer in applying Article 3- EMPLOYER RIGATS - of the MAINTENANCE LABOR AGREEMENT, shall have the right to operate the Deparhnent in the same manner as heretofore, with management rights unaffected, and that the estabiishment of sepazate rates for these ciassifications as well as for Inspector ciassifications in other Bazgaining 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 Unaon because members of various Inspector classifications are assigned to work which is also performed by other Inspector classifications. • � F-1 APPENDIX G � TI-� CITY OF ST. PAUL and ELECTRICAL WORKERS LOCAL #110 MEMORANDUM OF AGREEMENT BETWEEN This agreement is entered into by and between the City of Saint Paul (Ciry) and the Electrical Workers Loca1 #110 (Union). A sunilaz agreement wi11 be entered into by and between the City and the other Trades unions who represent Senior Trades Inspectors in the City's Office of Licensing, Inspection, and Environmental Protection (LIEP): The City and the Union agree that if one of the Senior Trades Inspectors in the Constnzction Division of the Office of LIEP is assigned the addi6onal duties refened to as"Senior Trades Coordinator duties", the payment for assuming these addirional duries sY�all be an additional $4.00/hour added to the selected individual's total package. Tlus additional$4.00/hour shall not be included in any of the calcula6ons of the individual's total package. It is understood that only one of the Senior Inspectors in LIEP will serve in this capacity at any one time, and that the Seniar Inspector who is assigned the Senior Trades Coordinator duties � will continue to perform ail of the Senior Inspector duties already included in the relevant class specification. This Memorandum of Agreement becomes effective with the signing by the Union of the 2000- 2003 Labor Agreement and shali remain in piace until and unless it is renegotiated by the parties to this agreement and any other unpacted unions. i f Saint Pa � � atherine Megany Labor Relations Directo / W Local #110 � Ric azd Viteili Asst. Business Manager G-1 V \_ I • , W H z � a � b(1 � �3 O w N .� N .a � � N � .� � -f t�. N w � � � �. � � � w O O � � > . 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U .� C O � N � P � N � � " � � .D .� � � r., � � .0 .-. N O 0 N T � � 'LY � 0 O N .�-i m O h � ti O V � � 0 .�, �. 0 T at !]. i � S"r �' o� 7 V . ,� w � ww .-, � ORlG1NAL Presented Referred To Committee Date RESOLUTfON CITY OF SAINT PAUL, MINNESOTA Council File # Q � Green Sheet # 10358 1� RESOLVED, that the Council of the City of Saint Paul hereby approves and raufies the attached May 1, 2000 - April 30, 2003 Collective Bargaining Agreement between the City of Saint Pau1 and the International Brotherhood of Electrical Workers, Local 110. Requested by Department of: Benanav Blakey BOSh'Oril � Coleman � Harris � Lantry i / Adopted6yCouncil: Date�� � a � Adoprion CertiSed by Council Secretary � Approved by Mayor: Date � � �� By: ��2� s�yi'��GGC��� Off' e of Labor Relations n By: 5 F App ve�' ttornee � � � y� � / � Approv ayor for S bm' siot Council By: �—� /i L DEPARTMENT/OFFICE/COUNCII.: DATE INITIATED GREEN SHEET No.: 10358 � �� • LABOR RELATIONS September 5, 2000 CONTACI' PERSON & PHONE: � � ttaTIAUDnTE IIv117ALDn"CE JIILIE KRAUS 266-6513 pSSIGi�* 1 DEPARTMENC D 4 C1TY COUNCIL T7pMggg 2 C1TY ATTORNEY CIT'�' CLERK MUST BE ON COUNCII. AGENDA BY (DATE) FOR BUM'ET DIR. � FIN. & MGT. SERVICE DIIt. � ROi1TING 3 MAYOR (OR ASST.) ORDER .� � �� TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNA.T'ORE) acnox �QVESrEn: This resolution approves the attached May I, 2000 - April 30, 2003 Collective Bargaining Agreement between the City of Saint Paul and the Intemational Brotherhood of Electrical VJorkers, Loca1110. RECOMMENDAI'IONS: Approve (A) or Rejec[ (R) PERSONAI. SERVICE CONTRACTS MUST ANSWER TIiE FOLLOWING QUESfIONS: _PLANNING COMAAISSSON CIVIL SERVICE COMP+IISSION 1. Has this personJfizm eves woxtced under a contract fos t6is department? _CIB COMbII7TEE Yes No STAFF 2. Ras this person/firm ever been a city empbyee? DIS'CRICT COURT Yes No � SUPPORTS WFIICH COUNCIL OBJEC'IT VE? 3. Does this person/fimi possess a ski17 not normally possessed by any curtent city empbyee? Yes No Exp{ain all yes answers on separste sheet and attach to green s6eet INTI7ATING PROBLEM, ISSUE, OPPOR7'[7NI1'P (WBo, What, When, Where, Why): E�sting Collective Bargaining Agreement expired Apri130, 2000 and a successor agreement needed to be negotiated. , anvarrracES iF .�rrxo��n Implementation of agreement can proceed. DISADVANTAGES IF APPROVED: None DISADVANTAGES IF NOT APPROVED: Additiona3 negotiations, delayed implementation. TOTe1L AMOUNT OF TRANSACfiON: COSTJREVENUE BUDGETED: FU.NDING SOURCE: AC17V17'Y NOMBER: FINANCIAL INFORMATION: (EXPLAIN) oo-d'�'1 ATTACIIlYIENT TO THE GREEN SI3EET COLLECTIVE BARGAINING AGREEMENT WITH THE ELECTRICIANS Selow is a sumxnary of the changes in the Collective Bazgaining Agreement between the City of Saint Paul and the Electricians. Duration: May 1, 2000 through April 30, 2003. Wa es: The City agreed to the outside prevailing wage rate for each of the next three years. Temporarv Assignments: Language clarified that all future assignments to the classes Lead Electrician, General Lead Electrician and General Lead Electrician in Chazge are to be handled as temporary assignments, consistent with the existing contract language and outside practice. Additionallanguage changes to increase management flexibiliry at the Water Utility. LaYoff: Language changes in the layoff article to increase management flexibility consistent with outside practice, while stili providing employees with protection against arbitrary or capricious decisions. Senior Trades Coordinator position: Language added to provide additional compensation in the event that LIEP chooses to name a Seniar Trades Coordinator. Other Laneuaee Chanaes: Other language changes aze of a housekeeping nature for clarification and clean up. � �J :. � :� �. Oo -k��� . � = May 2; 2006 through April 30, ?A03 . � � . � � _ - COLLECTIVE BARGA�NING - _ � ;;_ �,GREEMEN�` � � _ � � � � " - ;, , - - � � � �.tietween - . _ � - � � � � - � ,���. � � �_ � � � � : � , � � THE CITY OF, SAINT PAIJI; � � - an�c� � � � � � INTERNATIONAL ;BROTHERHOOD O;F � -_ _ � �, � _ _ - �LECTRICAI: WORIiERS,: L`OCAL 110 ` � - � � � �_ - �_;� �,_ � � � � � - � �� .� INDEX • ARTICLE TITLE PAGE ... Pream le ................................................. ui 1 Purpose ....................................................1 2 Recognition ................................................1 3 Employer Rights ............................................1 4 Union Rights ...............................................2 5 Scope ofthe Agreement .......................................2 6 Probationary Periods .........................................2 7 Philosophy of Employment and Compensarion . . . . . . . . . . . . . . . . . . . . . 3 8 Aoursof Work ..............................................4 9 Overtime ..................................................5 10 Callback ..................................................6 11 Work Location ..............................................6 12 Wagesand Fringe Benefits ....................................6 13 Selection of Leads, General Lead and General Lead in Charge ........ 9 14 Insurance ..................................................9 � 15 Holidays ..................................................12 16 Disciplinazy Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 17 Absencesfrom Work ........................................13 18 Seniority ..................................................13 19 Jurisdiction ................................................14 20 Separation and Retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 21 Tools ....................................................15 22 Grievance Procedure ........................................IS 23 Rightof Subcontract ........................................18 24 Non-Discriuiination . . . .. . . . . . . . . . . .. . . . .. . . .. . . . . . . . . . . . . . . . 18 25 Severability ...............................................19 26 Waiver ...................................................19 27 City Mileage ...............................................19 28 Matemity Leave ............................................21 29 Severance Pay .............................................21 30 LegalServices .............................................23 31 Master of Record Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 32 Uniform Allowance .........................................23 � 1 • INDEX (Continued) 33 Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 AppendixA .......................................................... A1 AppendixB .......................................................... B1 AppendixC .......................................................... C1 AppendixD .......................................................... DI Appendix E-Tools .................................................... E1 Appendix F - Working Conditions - Electrical Inspectors . . . . . . . . . . . . . . . . . . . . . . F 1 Appendix G- Senior Trades Coordinator MOU .. ...........................................................Gl Appendix H - Apprentice Matrix ......................................................................................Hl � • ii � PREAMBLE This AGREENIENT is entered into between the City of Saint Pau1, hereinafter referred to as the EMPLOYER and the Intemational Brotherhood of Electrical Workers, Local 110 hereinafter referred to as the IJNION. The EMPLOYER and the UNiON concur that this AGREEMENT has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. The EMPLOYER and the IJNION both realize that this goal depends not only on the words in M the AGREEMENT but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the EMPLOYER, the LTNION, and the individual empioyees will best serve the needs of the general public. • iii � ARTICLE i - PURPOSE 1.1 The EMPLOYER and the I7I3ION agree that the purpose for entering into this AGREEMENT is to: 1.1(1) Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; i.l (2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the EMPLOI'ER and the IJNION; 1.1(3) Establish procedures to order3y and peacefully resolve disputes as to the application or interpretation of this AGREEMENT without loss of pzoductivity. 1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a supplement to legislation that creates and directs the EMPLOYER. If any part of this AGREEMENT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in canflict so that it conforms to the statute as provided by Article 25 (SEVERABILITI�. � ARTICLE 2 - RECOGNITION 2.1 The EMPLOYER recognizes the iJNION as the exclusive regresentative for collective bargaining purposes for all personnel having an employment status of regulaz, probationary, provisianal, 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 ciasses of positions recognized as being exclusively represented by the i JNI0i�3 are as listed in Appendix A. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The EMPLOYER retains the right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to deternune the utilization of technology; to establish and modify the organizational shvcture; to select, direct, and determine the number of personnel; and to perform any inherent manageriai function not specifically limited by ttris AGREEMENT. 3.2 Any "term or condition of employment" not established by this AGREEMENT shali remain with the EMPLOYER to eliminate, modify, or establish following written notification to the iJNION. � ARTICLE 4 - LTNION RIGHTS 4.1 The EMPLOYER shail deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly TJNION dues. Such monies deducted shall be remitted as directed by the t1NION. 4.1(1) The EMPLOYER shall not deduct dues from the wages of employees covered by this AGREEMENT for any other labor organization. 4.1(2) The ITNION shall indemnify and save fiarmiess ihe EMPLOYER from any and all claims or charges made against the EMPLOYER as a result of the implementation of this ARTICLE. 4.2 The IJNION may designate one Q) emp2oyee from the bargaining unit in each deparEment to act as a Stewazd an@ shall inform the EMPLOYER in writiag of such designation. Such employee shal] have the rights and responsibilities as designated in Articie 22 (GRIEVANCE PROCEDURE). 43 Upon notification to a designated EMPLOYER supervisor, the Basiness Manager of the i)NION, or his/her designated representative shall be permitted to enter the facilities of the EMPLOYER where employees covered by this AGREEMENT aze working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This AGREEMENT established the "terms and conditions of employment" defined by M.S. 179A.09, Subd. 19 for a11 employees exclusively represented by the I7NION. This AGREEMENT shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following sepazation, in a regulaz employment status shall serve a six (6) month probationary period during whicfi time the empioyee's f tness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.1(1) At any time during the probationary period an emptoyee may be ternunated at the discrerion of the ENlPLOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE). � � � 2 � ARTICLE 6 - PROBATIONARY PERIODS (Continued) b.l (2) An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shail be sent to the IJNION. 6.2 Personnel who aze assigned to Lead, General Lead or General Lead in Charge positions under the terms of Article 13 shali not serve a probationary period and may be reassigned back to a previous classification at the discretion of the EMPLOYER. 6.2(1) 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 22 (CsRIEVANCE PROCEDURE). 6.2(2) An employee demoted during the promotional probationary period shall be retumed to the employee's previously held class of positions and shall receive a written notice of the reasons for demorions, a copy of which shall be sent to the IJNION. � ARTICLE 7- PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 71 The EMPLOYER and the tJ2JION 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 all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Article 12 (WAGES AND FRINGE BENEFITS). 73 No other compensation or fringe benefit shall be accumulated or eamed by an employee except as specifically provided for in this AGREEMENT; except those employees who have individually optioned to be "grandfathered" as provided by Article 12.2. � 3 ARTICLE 8- HOURS OF WORK S.1 The normat work day sha11 be eight (8} consecufive hours per day, excluding a thirty (30} minuie unpaid lunch period. 8.2 The normal work week shall be five (5) consecutive normal work days in aay seven (7j day period. 8.3 Shif[s other than the regulaz daytime shift Monday tluough Friday may be established. Such shifts must be maintained for a period of at ieast one (1} work week. The second shift shall be a regularly scheduled shift which follows a regularly scheduled frst stufr of five (5) hours or greater, Tfie third shift shall be a regulazly scheduled shift wIuch follows a regulazly scheduted second shifk of five (5) hours or greater. 8.4 For employees on a shift basis, ttus sha11 be construed to mean an average of forty (40) hows a week. 8.5 This secrion 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 particulaz shift may be transferred from that shift to another shift upon one weeks notice; provided, however, that in the event of a vacancy, � an employee may be assigned to another shift to fill such vacancy upon 24 hours notice. 8.7 All employees shaIl be at the work location desigaated by their supervisor, ready for work, at the established starting time, and shall remain at an assigned work Iocation until the end of the established work day unless otherwise directed by their supervisor. 8.8 All employees aze sabject to call-back by the EMPLOYER as pmvided by Articie 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 aay. &.10 The empioyer shall be required to give no less than six and one-half (6.5) hours notice, when an employee is to be Iaid off. � 0 � ARTICLE 9 - OVERTIME 9.1 Atl overtime compensated for by the EMPLOYER must receive prior authorization from a designated EMPLOYER supervisor. No overtime work claun 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 approvai has been obtained. 9.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: 9.2(i) Time worked in excess of eight (8) hours in any one normal work day; and 9.2(2) Tune worked on a sixth (6th) day following a normal work week 9.2(3) Time actually spent doing certain work on smokestacks, structural radio or television towers and bridges ovez water requiring employees with special talents in ciimbing or working at unusual heights away from solid, guarded platforms, scaffolds or permanent, enclosed ladders. 93 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed � under the following circumstances: 9.3(1) Time woxked on a seventh (7th) day following a normal work week; and 93(2) 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 (1.5). 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 or in compensatory time. The basis on which overtime shall be paid shall be determined solely by the EMPLOYER. Compensatory time off must be approved by the EMPLOYER. � 5 ARTICLE IO - CALL BACK 10.1 The EMPLOYER retains the rigfit to call back employees before an employee fias started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. I 0.2 Empioyees called back shall receive a minimum of four {4} hours pay at the basic hourly rate. 10.3 The hours worked based on a catl-back shail be compensated in accordance with Article 9 (OVERTTME), when appticable, and subject to m+n;mum established by 10.2 above. 10.4 Employees cailed back four (4) hours or less prior to the'u normal work day shall complete the normat work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME). ARTICLE 11 - WORK LOCATION � I 1.1 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 EMPLOYER. � 1 L2 Emptoyees assigned to work locations during the nomtat work day, other than their original assignment, and who aze required to furnish their own transportation shall be compensated for mileage. ARTICLE 12 - WAGES AND FRINGE BENEFITS 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. The basic hourly wage rates as established by Appendix H shall be paid for all hours worked by an apprentice. 12.2 Employees who are covered by the &inge benefits Iisted below shall continue to be covered by such benefits. T'hey shall be subjeet to all other provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and(or deductioas made on their behalf as provided for by Article 12.7 (FRINGE BENEFITS}. 12.2(1) Insurance benefits as established by the City of Saint Paul. The hourly rate of City Benefitted employees shall be reduced by the actual fiourly cost of active health insurance and a prefunded flat zate of $1.75 per hour for retiree heatth insurance. The wages in Appendix C reflect these deductions. . 0 � ARTICLE 12 - WAGES AND FRINGE BENEFITS (Continued) 12.2(2) Sick Leave as established by Resolution No. 3250, Section 2Q. Effective May 1, 1997, the remaining City Benefitted electricians shall be charged with the actual average number of sick leave hours used, or 48 houts, wiuchever is less, in the wage calculation. The wages in Appendix C reflect this charge. 12.2(3) In each calendar yeaz, each full-time employee who is eligible for vacation shall be granted vacation according to the following schedule: Years of Service Less than 5 yeazs After 5 years thru 15 yeazs After 15 years and thereafter Vacarion Granted I S days 20 days 25 days These hours shall be included in the wage calculation to determine the rates for City Benefitted electricians. � Employees who work less than full-fime sha11 be granted vacation on a pro rata basis. The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 12.2(4} Ten (10) legal holidays as established by the Saint Paul Salary P1an and Rates of Compensation, Section l, Subdivision I. These hours shall be charged in the wage calculafion to determine the rates for City Benefitted electricians. 12.2(5) Severance benefits as established by Ordinance No. 11490 with a ma�cunum payment of $4,000 or as established by Article 29 of this Agreement. . 12.3 Regulaz empioyees covered by the Fringe Benefits in 12.2 shall have the right to transfer from this coverage. Employees requesting such transfer shall be considered participating empioyees and will no longer be covered by the fringe benefits in 12.2 but shall be covered by 12.4. 12.4 Regular employees not covered by the fiinge benefits listed in Article 12.2 shall be considered, for the purQose of this AGREEMEI3T, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made on theu behalf as provided for by Article 12.7. Participating employees shall use all vacation that they have eamed and are eligible for as outlined in the Saint Paul Electrical Workers Regulaz Vacation and Holiday & Reserve Trust Plan Documents. 7 ARTICLE 12 - WAGES AND FRINGE BENEFITS (Continued) � 12.5 Provisional, temporary, and emergency employees sha11 be considered, for the purposes of tYus 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 behalf as provided for by Article 12.7. I2.6 All regutaz employees employed in a title in this bargaining unit after February 15, 1974, shalt be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made on their behatf as provided for by Article 12.7. Employees who promote, transfer or reduce to any titie in this bazgaining unit from any title which is not in this bazgaining unit shail not be allowed to use any accumulated sick ieave credits while they aze in such tide. If the employee promotes, t�ransfers or reduces to any title which is not in this bargaining uniY and if sick leave is allowed under the new title, the accumulated sick Ieave the employee had at the time such employee became a member of this bazgaining unit sha11 be reinstated. I2.7 The EMPLQYER shall make contributions on behalf of and/or make deductions from the wages of employees covered by flus AGREEMENT in accordance with Appendix D for all hours worked. � 12.8 For employees who have elected to become, as of January 26, 1991, participating empIoyees as defined in Article 12.6 of this Agreement, the Employer will make the Heaith and Welfaze contribution in accordance with item (1) of Appendix "D" of this Agreement. Such coniribution shall be made for hours worked as of December 29,1990. No other contributions listed in Appendix "D" shal] be made for such employees for any hours worked prior to January 26, I991. Such empIoyees shail not be eligible for City Health and Life insurance after February 28, 1992. 12.9 Accumulated sick leave credit balances as of January 25,1991, for employees covered by Articte 12.8 above shall be frozen as of January 25, 1991. Such frozen sick leave balances may only be used for severance pay purposes. Severance pay shall be granted only in accordance with Article 29 of this Agreement. 12.10 Employees covered by Arficle 12.8 above shali discontinue eaming sick leave and vacation and shail not be eligibie for City paid holidays as of Janvary 26, 1991. Such employees shall be paid the base rate of pay as shown in item 2 of Appendix "C" of tius Agreement effective Jaauary 26, 1991. � E:3 ARTICLE 13 - SELECTION OF LEADS, GENERAL LEADS AND � GENERAL LEAD IN CHARGE 13.1 The selection of personnel for the class of positions Lead Electrician, General I,ead Electrician and General Lead Electrician In Chazge shall remain solely with the Employer. 13.2 The class of positions, Lead Electrician, General Lead Electrician and General Lead Electrician In Charge, shall be filled by employees of the bazgainuig unit on a"temporary assignment " Any employee who is assigned to one of the above classes may be subsequentiy reassigned under the terms of Article 6.2. Such reassignment may be back to any one of the employee's previous classifications and rates of pay. The decision to . reassign an employee out of one of the above classes is not grievable/arbitrable under either the Civil Service Rules or Article 22. It is understood that this clause 13.2 expressly supercedes any relevant Civil Service Rules in accordance with Article 5, but does not apply to employees who were appointed to these classes prior to the signing of the 2000-2003 Agreement. 13.3 All "temporary assignments" shall be made only at the direction of a designated EMPLOYER supervisor. 13.4 If the General Lead Electrician has scheduled time off of four (4) days or more, a temporary wi11 be assigned on the first day of the scheduled time off unless the General Lead Electrician is absent due to local seminazs or other city business and is available by phone. No temporary assignment is necessazy if the General Lead Electrician is absent for three (3) days ar less due to illness or scheduled time off. 13.5 The Lead Electrician will be repiaced on the first (1st) day of an absence. This provision 13.5 shall not apply to the Water Utility, until and unless the Water Utility employs two non-Lead 3ourneyman Electricians. ARTICLE 14 - INSURANCE Active Employees 14.1 This Article shall apply to employees who are eligible for the fringe benefits listed in Article 12.2 (City benefits). • 9 ARTICLE 14 - INSURANCE (Continued) The insurance plans, premiums for coverages, and benefits contained in the insurance ptans offered by the Employer skatl be solely controlled by the contracts negotiated by the Empioyer and the benefit providers. However, the employees selecting the offered plans agree to accept any changes in benefiu wtuch a specific pmvider implemenu. For emptoyees who select single coverage, the Employer will contribute I00% of the cost of the single premium. For employees who select dependent coverage, the Employer will contribute 50% of the cost of the dependent premium. The Bmpioyer will pmvide $S,OQO of term life insurance for each emptoyee. Retiree Heatth Bene�its 14.2 Employees who retire must meet the following conditioas in order io be eligible far the Employer contribution for retiree health benefits: 14.2(1) Be receiving benefits from a public employee retirement act covering employees of tlre City of Saint Paul at the time of retirement, and � 14.2(2) Have severed his/her relationstup with the City of Saint Paul under one of the retiree plans, and � 14.2(3) Have severed his/her relafionship with the City of Saint Paul for reasons other than an involuntary temunation for misconduct. Early Retirees (under age 65) 143 For those employees who retire before age 65 and are eligib2e for eazly retiree benefits under the terms set forth in Article 14.2 above and until such retirees reach sixty-five (65) yeazs of age, the Employer shall continue to make the same contribution for eazly retiree benefits as those for active employees. For eazly retirees selecting single coverage, the Employer will contribute 100% of the premium cost for single coverage. For earty retirees selecting dependent coverage, the Employer will contribute 50% of the premium cost for dependent coverage. The Empioyer will aiso continue life insurance benefits for eligible early retirees in the same amount as provided to them as active employees. Life insurance benefits terminate at age 65. VJhen such eazly retiree attains age 65, the provisions of Article 14.4 shall apply. 10 • � ARTICLE 14 - INSURANCE (Continued) Regular Retirees (age 65 and older) 14.4 Employees who retire at or after the age of sixty-five (65) must meet the conditions set forth in Article 14.2. 14.4 (1) For such employees who retire after December 31,1995, the Employer agrees to contribute a maximum of $550.00 per month towazd the premium for single or dependent health insurance coverage offered to regulaz retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Articie shall also apply to early retirees upon reaching age 65, who retired after December 31, 1995 under the provisions of Article 14.2. Survivor Benefts 14.5 In the event of the death of an eariy retiree or a regular retiree, the dependent of the retiree shall have the option, within thirty (30) days, to continue the curtent hospitalization and medical benefits which said dependents previously had, at the � premium and Employer contribution accorded to the eligible deceased retiree. It is further understood that coverage shali cease in the event of: 14.5(1) Subsequent remarriage ofthe surviving spouse of the deceased employee or retiree. 14.5(2) The employment of the surviving spouse or dependent where health insurance is obtained thtough a group progtam provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. 14.6 The contributions indicated in Article 14 shall be paid to the Employer's third party administrator or designated representative. � 11 ARTICLE IS - HOLIDAYS 15.1 The following ten (10) days shail be designated as holidays: New Year's Day, January 1 Martin Luther King Day, third Monday in January Presidents' Day, third Monday in February Memoriai Day, last Monday in May Independeace Day, July 4 Labor Day, first Monday in September Veterans' Day, November 11 T'hanksgiving Day, fourth Thursday in November Day after Thanksgiving, fourth Friday in November Christrnas Day, December 25 15.2 When New Year's Day, Independence Day or Chtistmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3} holidays falis 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 holidays shall be observed on the calendar date of the holiday. 153 The ten (10) holidays shai� 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 scheduted or "called back" in accordance with Article 10 (CALL BACK). 15.5 Participating employees, as defined in Articles 123,12.4,12.5 and 12.6, assigned to work on Martin Luther King Day, PresidenYs Day, Day after Thanksgiving, or Veteran's Day, shall be compensated on a straight time basis for such hours worked. 15.6 Participating employees, as defined in Articles 123, 12.4, 12.5 and 12.6, assigned to work on New Yeaz's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 15.7 If an employee other than a Participating Emptoyee is required to work on a designated holiday, he(she shali be compeasated at a rate of two (2) fimes the basic hourly rate for such hours worked. 15.8 Coiumbus Day and the day before Christmas Day shalt be considered work days. All employees working on these days shall be compensated on a straight time basis. 12 � � u • ARTICLE 16 - DISCIPLINARY PROCEDUI2ES 1 b.l The EMPLOYER shall have the right to impose disciplinary actions on employees for just cause. 16.2 Disciplinary actions by the EMPLOYER shall inctude only the following actions: 16.2(1) Oral reprimand 16.2(2) Written reprimand 162(3) Suspension 16.2(4) Demotion 16.2(5) Discharge 163 Empioyees who aze 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 dischazge shall be considered a"grievance" for the purpose of processing through the provisions of Article 22 (GRIEVANCE PROCEDURE). � ARTICLE 17 - ABSENCES FROM WORK 17.1 Employees who aze unable to report foz their normai 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 EMPLOYER on the pazc of the employee. ARTICLE 18 - SENIORITY 18.1 Seniority, for ihe purposes of this AGREEMENT, shall be defined as follows: 18.1(1) "Master Seniority" - the length of continuous regulaz and probarionary service with the EMPLOYER from the last date of employment in any and all class tities covered by tlus AGREEMENT. � 13 ARTICLE I8 - SENIORITY (Continued) 18.1(2) "Ciass Seniority" - the length of continuous regutar and probationary service with the EMPLOYER from the date an employee was first appointed to a class title covered by this AGREEMENT'. 18.2 Seniority shall not accumulate during an unpaid teave 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:ed service of the EMPLOYER or to an elected or appointed full time position with the iJNION. 183 Seniority shall terminate when an empioyee retires, resigns, or is discharged. � 18.4 In the event it is determined by the EMPLOYER that it is necessary to reduce the work force, all temporary employees shall be released prior to the layoff of permanent employees. Further, it is management's intent that permanent employees will be laid off by class title within each Department, hased on inverse length of "Class Seniority-". However, management reserves the right to institute layoffs out of seniority order for legitimate business reasons. Management's exercise of Uus right shall not be azbitrary or capricious. If the Union believes that an out-of-order Iayoff has occurred for an azbitrary or capricious reason, such decision may be grieved under Article 22. Recall from tayoff � shall be inverse order of layoff, except that recali rights shall expire after two years of Iayoff: 18.5 The selection of vacation periods shall be made by class title based on Iength of "Class Seniority," subject to the approval of the EMPLOYER. ARTICLE 19 - JURISDICTION 19.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate subject for detemunation by the various unions representing employees of the EMPLOYER. 19.2 The EMPLOYER agees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 193 In the event of a dispute concerning the performaace or assignment of work, the unions involved and the EMPLOYER shall meet as soon as mutually possible to resolve the dispute. Nothing in ihe foregoing shall restrict the right of the EMPLOYER to accompIish the work as originally assigned pending resolution of the dispute or to restrict t[ie EMPLOYER's basic right to assign work. r� L_� 14 i 16 {DISCIPLINARY PROCEDURES). 20.1(1) Resignation. Employees resigning from employment shall give written notice fourteen (14) calendaz days prior to the effective date of the resignation. ARTICLE 19 - JIJRISDICTION (Continued) 19.4 Any employee refusing to perform work assigned by the EMPLOYER and as clarified by Sections 19.2 and 193 above shali be subject to disciplinary action as provided in Articie 19.5 There shall be no work s[oppage, slow down, or any disruption of work resulting from a work assignment. ARTICLE 20 - SEPARATION AND RETIlZEMENT 20.1 Employees having a probarionary or regular employment status shall be considered sepazated from employment based on the following actions: 20.1 {2) Retirement. All employees shall retire from employment with the EMPLOYER no later than the last calendar day of the month in which an emplayee becomes seventy years old. �J 20.1(3) Discharge. As provided in Article 16. 20.1(4) Failure to Report for Duty. As provided for in Article 17. 20.2 Employees having an emergency, temporaty, or provisional employment status may be terminated at the discretion of the EMPLOYER before the completion of a normal work day. ARTICLE Zl - TOOLS 21.1 AIi employees shall personally provide themselves with the toois of the trade as listed in Appendix E. ARTICLE 22 - GRIEVANCE PROCEDURE 22.1 The EMPLOYER shall recognize Stewazds selected in accordance with IJNION rules and regulations as the grievance representafive of the bargaining unit. The iJN10N shall notify the EMPLOYER in writing of the names of the Stewards and of their successors when so named. CJ 15 ARTICLE 22 - GRIEVANCE PROCEDURE (Continned) 22.2 It is recognized and accepted by the EMPLOYER and the TJNION that the processing of grievances as hereinafter provided is limited by tiie job duties and responsibiiities o£the empioyees and shali therefore be accomplished during working hours only when consistent with such empIoyee duties and responsibilities. The Stewazd involved and a grieving employee shal2 suffer no Ioss in pay when a grievance is processed during working hours, provided the Stewazd and the empioyee have notified and received the approvai of their supervisor to be absent to process a grievance and that such absence would not be detrimentai to the work programs of the EMPLOYER. 223 The procedure established by tfiis ARTTCLE sha11 be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article 163, for the processing of grievances, which aze defined as an alleged violation of the terms and conditions of this AGREEMENT. 22.4 Grievances shall be resoived 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 empioyee's supervzsor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and � refened to Step 2 by the i7NION. The written grievance shall set forth the nature of the grievauce, the facts on which it is based, the aiteged sections(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the LTNION within seven (7) catendar days of the fust occurrence of tke event giving rise to the grievance or within the use of reasonabte diligence should have had lrnowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendaz days after receiving the written grievance a designated EMPLQYER supervisor shall meet with the UNEON Steward and attempt to resolve the grievance. If, as a result of ttus meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the LJNION within three (3) calendar days following this meeting. The UI�ION may refer the grievance in writing to Step 3 within seven (7) catendar days following receipt of the EMPLOYER's written answer. Any grievance not refeaed in writing by the i1NION within seven (7) calendat days following receipt of the EMPLOYER's answer shall be considered waived. � 16 ARTICLE 22 - 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 LJNION Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the EMPLOYER shali reply in writing to the LJTTION stating the EMPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the IJNION may refer the grievance to Step 4. Any grievance not refeaed to in writing by the iJNION to Step 4 within seven (7) calendaz days foliowing receipt of the EMPLOYER'S answer shatl be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER, request azbitration of the grievance. The azbitration proceedings shall be conducted by an azbitrator to be selected by mutual agreement of the EMPLOYER and the iJ1VION within seven (7) calendaz days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either parry may request the Bureau of Mediation Services to submit a panel of five (5) azbitrators. Both the EMPLOYER and the LINION shall have the right to sttike two (2} names from the panel. Tfie Union shall strike the first (1 st) name; the EMPLOYER � shall then strike one { 1) name. The process will be repeated and the remaining person shall be the arbitrator. 22S The azbitrator shali 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 iJr1ION and shali have no authority to make a decision on any other issue not so submitted. The azbitrator 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 azbitrator's decision shall be submitted in writing within thirty (30) days foliowing close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an e�ension. The decision shali be hased solely on the azbitrator's interpretation or application of the express terms of this AGREEMENT and the facts of the grievance presented. The decision of the azbi�ator shall be final and binding on the EMPLOYER, the L)NION, and the employees. , 17 ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) � 22.6 T'he fees and expenses for the azbi¢ator's services and proceedings shail be bome equally by the EMPLOYER and the LTNION, provided thaf each party shali be responsibie for compensating its own representative and wimesses. If eifher pazty canceis an azbitration hearing or asks for a last minute postponement fhat leads to the azbitrators making a chazge, the canceling party or the party asking for the postponement shall pay tlus 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 tlus procedure may be extended by mutual ageement of tfie EMPLOYER and the iJNION. ARTICLE 23 - RIGHT O�' SUBCONTRACT 23.1 The EMPLOYER may, at any time during the duration of this AGREEMENT, contract out work done by the employees covered by tivs AGREEMENT. In the event that such contracting would result in a reduction of the work force covered by this AGREEMENT, the EMPLOYER shail give the tTNION a ninety (9D) 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 alk cases be made only to empioyers who qualify in accordance with Ordinance No. 14013. ARTICLE 24 - NON-DISCRIMINATION 24.1 The terms and condifions of this AGREEMENT wili be applied to employees equally without regazd to, or discrim;na6on for or agaln5t, any individual because of race, color, creed, sex, age, disability or because of inembership or non-memberslup in the LTrtION. 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. m � � ARTICLE 25 - SEVERA,BILITY 25.1 In the event that any provision(s) ofthis AGREEMENT is declazed to be contrary to law by proper legislative, admiaistrarive, or judicial authority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shail continue in full force and effect. 25.2 The parties agree to, upon written notice, enter into negoriations to place the voided provisions of the AGREEMENT in compliance with the legisiative, administrative, or judicial deternunation. ARTICLE 26 - WAIVER 26.1 The EMPLOYER and the UNION acknowledge that during the meeting and negotiating which xesulted in this AGREEMENT, each had the right and oppomuuty to make proposals with respect to any subject concerning the terms and oondirions of employment. The agreements and understandings reached by the parties after the exercise of this right aze fully and compietely set forth in this AGREEMENT. 26.2 Therefore, the EMPLOYER and the UNiON far the duration of this AGREEMENT agree that the other pariy shail not be obligated to meet and negotiate over any texm or � conditions of employment whether specificaily covered or not specifically covered by this AGREEMENT. The U1�TION and EMPLOYER may, however, mutualiy agree to modify any provision of this AGREEMENT. 263 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. ARTICLE 27 - CITY MILEAGE 27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to ieimbursement of City officers and empioyees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 27.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. � 19 ARTICLE 27 - CITY MILEAGE (Continued) Type I. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicIe is actually used in performing the duties of the employee's position. In additioa, the employee shall be reimbnrsed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employtnent and the department head or designated representative deiermines that an employer vehicle is avaitable for tlie employee's use but ttte employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shail not be eligible for any per diem. Type 2. If an employee is required to use tris/her own automobile REGITLARLY during empioyment, the employee sha11 be reimbursed at the rate of $4.00 per day for each day of work. In addition, the empioyee shall be rennbursed $.20 per mile for each mile actuaily driven. � If such employee is required to drive an automobile during empIoyment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the empioyee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of � $.20 per mile driven and shall not be eligible for any per diem. 27.3 The City will provide parking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plaas who aze required to have their personal car available for City business. Such parking will be provided only for the days the employee is requited to have his/her own personal car availabie. 27.4 Rules and Regulations: The Mayor shall adopt niles and regulations goveming the procedures for automobile reimbursement, which regutations and rules sha11 contain the requirement that recipienu shall file daily reports indicating miles driven and shall file monttily �davits sfating the number of days worked and the number of miles driven, and further require that they maintain automobile Iiability insurance in amounts of not less than $1 �0,000/$300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single Iimit coverage, with the Ciry of Saint Paul aamed as an additional insured. These rules and regulations, together witit ihe amendment thereto, shall be maintained on file with the city clerk. 2� i � ARTICLE 28 - MATERNITY LEAVE 28.1 Matemity Leave. Matemity 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 pregnancy, the employee xnay 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. ARTICLE 29 - SEVERANCE PAY 29.1 The employer shall provide a severance pay program as set forth in this Article. 29.2 To be eligible for the severance pay prograzn, an employee must meet the following requirements: 29.2(1) The employee must be 58 years of age or oider or must be eligible for pension under the "rule of 9Q" provisions of the Public Employees Retirement Association (PERA) or under the provisions of another public pension plan to which the City of St. Paul contributes. The "rule of 90" criteria shall also apply to � employees covered by a public pension plan other than PERA. 29.2(2} The employee must be voluntarily separated from City empioyment or have been subject to sepazation by layoff or compulsory retirement. Those empioyees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. For ttte purQose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay wili be made to the employee's estate or spouse. For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance . . '3�;5� ' 21 ARTICLE 29 - SEVERANCE PAY (Confinued) 29.2(3) The employee must have at least ten (10) years of consecnfive service under the classified or unclassified Civil Service at the time of sepazation. For the purpose of this Article, employment in either the Ciry or in the Independent School District No. 625 may be used in meeting this ten (10} year service requirement. 29.2(4) The employee must file a waiver of reemployment with the Personnel Director, which will ciearly indicate that by requesting severance pay, the employee waives aIl claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 29.2(5) The employee must have accumulated a min;mum of sixry (60} days of sick leave credits at the time of his/her sepazation from service. � 293 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he/she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of sepazation for each day of accrued sick leave subject to a maximum of � 200 acerued sick leave days. 29.4 The maximmn amount of money that any employee may obfain through the severance pay prograzn is $10,000. 29.5 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 29.6 This severance pay program shall be subject Lo and govemed by the provisions of City Ordinance No. 11490, except in those cases where the specific provisions of this articie conflict with said ordinance and in such cases, the provisions of this article shall controi. 29.7 Any employee hired prior to February 15,1474 may, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the empIoyee to draw severance pay under either this article or the ordinance shall constitute a baz to receiving severance pay from the other. r \ 22 ARTICLE 30 - LEGAL SERVICES � 30.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, employer shall defend save harmless and indemnify employee against tort claun or demand whether groundiess or othenuise arising out of alleged acts or omission occurring in the performance or scope of the employee's duties. 30.2 Notwithstanding Article 30.1, the Employer shail not be responsible for paying any legal service fee or for providing any legal service arising from any legal action where the employee is the Plaintiff. ARTICLE 31- MASTER OF RECORD REQUIl2EMENT 311 The Employer agrees to pay or reimburse employees the cost of the fee far the Minnesota Master Electrician's License for those employees that aze recorded at the State of Minnesota as Master of Record for the employer's use. ARTICLE 32 - UNIFORM ALLOWANCE 32.1 Electricat Inspectors in the Fire Department who aze required to weaz a specified uniform � shall receive an allowance of $425.25 per calendat year from the Fire Departznent. ARTICLE 33 - DURATION AND PLEDGE 33.1 This agreement sha11 become effective as of May l, 2000 and shall remain in effect through the 30th day of April, 2003 and continue in effect from year to yeaz thereafter uniess notice to change or to ternunate is given in the manner provided 'an Article 33.2 of this Agreement. 33.2 If either party desires to terminate or modify this AGREEMENT, effective as of the date of expiration, the parry wishing to modify or terminate the AGREEMENT shall give written notice to the other party, not more than ninety (90) ox less than sixty (60) calendaz days prior to the expiration date, provided that the AGREEMENT may only be so terminated or modified effective as of the expiration date. 333 ln consideration of the terms and conditions of employment established by this AGREBMENT and the recognirion that the GRIEVANCE PROCEDUI2E 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: , ►'Tc? ARTICLE 33 - DURATION AND PLEDGE (Continued) � 33.3(1) The LINION 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 whole or part from the fuli, faithful performance of their duties of employment. 33.3(2) The EMPLOYER will not engage in, instigate, or condone any lock-out of empioyees. 33.3(3) This constitutes a tentative agreement between the parties which will be recommended by the Director of Labor Relations, but is subject to the approval of the Aduiiu.istrafion of the City and is also subject to ratification by the UNION. AGREED and attested to as the full and complete understanding of the parties for the period of fime herein specified by the signature of the following representative from the EMPLOYER and the UNION. WITNESSES: CITY OF SAINT PAUL � � Katherine L. Meg ~� i�� Director of Labor Relations ��� � INTERNATIONAL BROTHERHOOD OF ELE%1`RICAL VJORKERS, LOCAL 110 'James R. Wagner � Business Manager Frank Gurney President, Loca1 110 , ,.tiC�t�-- Richazd J. Vit i Assistant Business Manager �-�-��_ Date ' 24 APPENDIX A • The classes of positions recoe i�ed as being exclusively represented by the UI�IION are as follows: General Lead Electrician In-Chazge General Lead Electrician Lead Electrician Electrician Lighting Maintenance Worker Apprentice Electrician Senior Electrical Inspector 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 jurisd'action of the IJNION. � / A-1 APPENDIX B � For ail normal work weeks established pursuant to the provisions of Articie 8 of this conuact, which includes Sunday, the foliowing provisions shall appiy and govem: All regular electricians employed prior to January 1, 1976 shall be offered assignment to the work week on a senioriry 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 regulaz electricians employed subsequent to January 1, 1976 may be assigned to vacancies in this work week. 3. All regulaz electricians shall have the right to bid on and obtain assignment of a position occupied by an electrician with lesszt class seniority within 30 calendaz days from the date that said position was last filled. 4. Any regular electrician may 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 acceptabie to both parties. These temparary assignments shali be made on the basis of seniority and in no instance sha11 any one employee be required to work on such temporary basis for more than 15 work days or the totai temporary assignment to exceed 90 work days. � IJ � APPENDIX C � L The basic hourly wage rates for temporary employees appointed to the following classes of posirions shail be the following: Basic wa�e rate effective 5/6f00 Electrician Lead Electrician Electrical Inspector Generai Lead Electrician Senior Electrical Inspector General Lead Electrician In-Charge * This rate includes a 13% Vacation Contribution. $30.83* $33.09* $33.09* $34.22* $34.22* $3535* Note: Due to changes in legislation effective 5l2100, temp xates assume no PERA partioipation, even after 6 months. 2. The basic hourly wage rates for provisional, probationary and regular employees appointed to � the following classes of positions and who are covered by the provisions of 12.7 of this Agreement (ilnion benefits) shall be the following: Basic waee rate effective SJ6l00 � Electrician Lead Electrician ElectriaalInspecYOt General Lead Electrician Senior Electrical Inspector General Lead Electrician In-Charge PERA $ 24.46* $ 31.72* $ 31.72* $ 32.85* $ 32.85* $ 33.48* No PERA $ 30.83* $ 33.09* $ 33.09* $ 34.22* $ 34.22* $ 35.35* * This rate includes a 13% Vacation Contribution Cutrent employees will have a one rime option to stay in PERA, in accordance with M.S. 1999 Supplement, Section 353.01. C-1 APPENDIX C (Continued) � The basic hourly wage rates for regular employees appointed to the following classes of positions and who aze covered by the provisions of Article 12.2 of this Agreement (City benefits) shall be the following: Basic wage rate effective 5/6f00 � ' Electrician Lead Electrician Electrical Inspector General Lead Electrician PERA $ 28.16 $ 30.27 $ 30.27 $ 31.34 $ 31.3A $ 32.40 No PERA $ 29.61 $ 31.75 $ 31.75 $ 32.81 $ 32.81 $ 33.88 Senior Electrical Inspector General Lead Electrician In-Chazge Current employees wili have a one time option to stay in PERA, in accordance with M.S. 1999 Supplement, Section 353.01. 4. The basic hourly rate for those holding the title Tr�c L'aghting Maintenance Worker, who receive no benefits, shall be: Effective Effective 5!1/02 (or closest �avroll periodl 5/6f00 $ 10.41 40% of outside Journeyman rate Employees who work an a regularly assigned shift beginning eazlier than 6 a.m. or ending later than 6 p.m, provided that at least five hours of the shift are worked between the hours of 6 p.m. and 6 a.m., shaii be paid a night differential for the entire shift. Empioyees who work on a regularly assigned shift beguuung earlier than 6 a.m. or ending later than 6 p.m., but who work less than five hours between the hours of 6 pm. and 6 a.m., shall be paid a night differential for only those hours actually worked between the hours of 6 pm. and 6 a.m. The night differential shall be 5% of the base rates, and shall be paid only for those night shifts actually worked. The total cost to the Employer, (including wages, fringes, and pension contributions} for employees covered by this Agreement shall be equivalent in money to the total package paid by the employer to employees in compazable ciassifications in the Agreement between I,ocal 110 and the National Electrical Contractors Association (NECA). C-2 APPENDIX C (Continued) � The total package cost shall exclude any payments for industry promotion and/or advertisement, or any other purpose not d'uectly and clearly beneficial to the public empioyer. In the event Local 110 and NECA amend their bazgaining agreement to provide for either a wage or benefit freeze or reduction during the period of this Agreement, such freeze or reduction shall be immediately applicable to the total compensation paid to employees covered by this Agreement. Effective May 1, 2001 (or ciosest payroll period), there will be an additional $2.20 per hour increase added to the total package. The parties will a�ee prior to that date regazding the distribution of the $2.20 between wages and fringes. 'The amount will be decreased by any increase in industry funds. Effective May 1, 2002 (or closest payroll period}, there will be an additional $2.15 per hour increase added to the total package. The parties will agree prior to that date regarding the distribution of the $2.15 between wages and fringes. The amount will be decreased by any increase in industry funds. � � C-3 APPENDIX D � Effective May 6, 2000, the EMPLOYER shall: (1) Contribute to a Union designated Health and Welfare Fund $3.38 per haur for a11 hours worked by participating employees as defined by ttris Agreement. (2) Contribute to a Union designated Pension Fund 5.24% of all wages earned by participating employees as defined by this Agreement. (3) Contribute to a Union designated ApprenticesHip Fund $.36 per hour for all hours worked by participating employees as defined by this Agreement. (4) Contribute to a Union designated Reserve Trust Fund $1.05 per hour for all hours worked by participating employees covered by this Agreement. (5) Contribute to the Union's designated Narional Employees Benefit Fund (N.E.B.F.) 3% of the gross wages earned by all participating employees covered by this Agreement. (6) Contribute to a Union designated Vacation and Holiday Fund 13% of ail wages earned by participating employees covered by this Agreement. This contribution is subject to all payroll deductions. � ' D-1 APPENDIX D (Continued) � (7) Contribute to a Union designated Suppiemental Pension Fund 5.15% of ali wages earned by participating employees covered by this Agreement. �8) For those employees who elect to participate, contribute to the Public Emgloyees Retirement Association (PERA) the Iegally established non-negotiated pension contribution. This contribution shall be 5.18% of gross eaniings and shall be adjusted as required by State Law. The hourly rate of City Benefitted and Participating employees shall be reduced by the actual hourly cost of this contribution; the wages in Appendix C reflect this deduction. � � D-2 APPENDIX E � Pocket Tool Punch and Belt 6" Rule 9" or 10" Alumiuum Leve1 . 8" Side Cutters Crimping Tool 10" Crescent Wrench Combination Box-Open End Wrenches 3l8" - 3/4" Socket Set of equivalent sizes Cold Chisel and Center Punch Taps: fif32 - 8/32 - 10/32 - 10l24 - 1!4 20 Tap Wrench File Rasp 12" %z Round and Rat Tail Hack Saw 12° Blade Screw Drivers 4" - 8" - 12" Reg. Slot and 4" and 6" Phillips Fiashlight Tester, 600 v. Solenoid Type Combination Squaze Knife Long Nose Plier Diagonal Cuttiug Pliers 2 Pair Channel Locks 14" Pipe Wrench or Chain Wrench Allen Wrenches Hammer, Ba11 Peen Scratch Awl Driils - in accordance with Tap sizes 9f32 and 3/8 Fuse Puller Angle Screw Driver Tool Box to hold the above tools The EMPLOYER shali furnish all other necessary tools or equipment. Employees v�rill be held • responsible for tools or equipment issued to them, providing the EMPLOYER fiu�nishes the necessary lockers, "gang box" or other safe place for storage. The EMPLOYER shall replace with similar tools of equal value and quality any of the above listed tools which are turned in by an employee which are no longer serviceable because of wear or breakage, providing the employee has been employed for nine (9) continuous months or more. The EMPLOYER agrees to pay $30.00 toward the cost of a pair of safety shoes purchased by an employee who is a member of this unit. The EMPLOYER shali oniy contribute toward the cost of one pair of shoes per contract year. This reimbursement of $30.00 shall be made only after investigation and approval by the immediate supervisor of the empioyee. This $30.00 EMPLQYER contribution shali apply only to those employees who aze required by the Employer to wear protective shoes or boots. E-1 APPENDIX F � WORKING CONDITIONS FOR SENIOR ELECTRICAL INSPECTORS AND ELECTRICAL INSPECTORS As a result of the 1974 seitlement, the Parties have established craft-detennin.ed 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 classifications. It is, consequently, agreed that the Employer in applying Article 3- EMPLOYER RIGATS - of the MAINTENANCE LABOR AGREEMENT, shall have the right to operate the Deparhnent in the same manner as heretofore, with management rights unaffected, and that the estabiishment of sepazate rates for these ciassifications as well as for Inspector ciassifications in other Bazgaining 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 Unaon because members of various Inspector classifications are assigned to work which is also performed by other Inspector classifications. • � F-1 APPENDIX G � TI-� CITY OF ST. PAUL and ELECTRICAL WORKERS LOCAL #110 MEMORANDUM OF AGREEMENT BETWEEN This agreement is entered into by and between the City of Saint Paul (Ciry) and the Electrical Workers Loca1 #110 (Union). A sunilaz agreement wi11 be entered into by and between the City and the other Trades unions who represent Senior Trades Inspectors in the City's Office of Licensing, Inspection, and Environmental Protection (LIEP): The City and the Union agree that if one of the Senior Trades Inspectors in the Constnzction Division of the Office of LIEP is assigned the addi6onal duties refened to as"Senior Trades Coordinator duties", the payment for assuming these addirional duries sY�all be an additional $4.00/hour added to the selected individual's total package. Tlus additional$4.00/hour shall not be included in any of the calcula6ons of the individual's total package. It is understood that only one of the Senior Inspectors in LIEP will serve in this capacity at any one time, and that the Seniar Inspector who is assigned the Senior Trades Coordinator duties � will continue to perform ail of the Senior Inspector duties already included in the relevant class specification. This Memorandum of Agreement becomes effective with the signing by the Union of the 2000- 2003 Labor Agreement and shali remain in piace until and unless it is renegotiated by the parties to this agreement and any other unpacted unions. i f Saint Pa � � atherine Megany Labor Relations Directo / W Local #110 � Ric azd Viteili Asst. Business Manager G-1 V \_ I • , W H z � a � b(1 � �3 O w N .� N .a � � N � .� � -f t�. N w � � � �. � � � w O O � � > . 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