275390 WHITE � - CITV CLERK Ayy�w��/!1
PINK - FINANCE - � �p ��� ��
CANARV - DEPARTMENT GITY OF SAINT PAUL COUIICII �jv ��
BI.UE - MAVOR �Sle NO.
ou i Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
A.n admi.nistrative Resolution approving the terms and
conditions of the 1980 Labor Agreement between the
City of St. Paul and the Electrical Workers, Local 110.
WHEREAS, the Council, pursuant to the provisions of Section 12. 09
of the St. Paul City Charter,and the Public Employees Labor Relations Act
of 1971, as amended, r�Gagnizes the Electrical Workers Union, Local 110,
as exclusive representative for those classes of positions within the City of
St. Paul certified by the Bureau of Mediation Services under Case No.
73-PR-477-A for the purpose of ineeting and negotiating the terms and
conditions of ernployment fo r all full-time pe r sonnel in the cla s se s of
positions as set forth in the Agreement between the City of St. Paul and
the exclusive representative hereinabove referenced; and
WHEREAS, the City through designated representatives, and the
exclusive representative have met in good faith and negotiated tlie terms and
conditions of emp?�yment for the period May 1, 1980, through April 30,
1981, for such personnel as are set forth in the Agreement between the City
of St. Paul and the exclusive representative; now, therefore, be it
RESOLVED, that the Labor Agreement, cited above, dated as of the
effective date of this Resolution, between the City of St. Paul and the
Electrical Workers Union, Local 110, on file in the office of the City
Clerk, is hereby approved, and the authorized admi.nistrative officials of
the City are hereby authorized and directed to execute said Agreement on
behalf of the City.
Approved:
�" . �
�� I Chai rman
Civil Service Commission
COUIVCILMEN Requested by Department of:
Yeas Nays �
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The Finance Committee, at its meeting of July 24, 1980, recommended approval of
the fol l ovri ng:
l . Resolution authorizing the destruction of cancelled government bonds and cou�ons.
(11106-GM) -
2. Resolution replacing the title and class specification for Park Foreman with
the title and class specification for Park Maintenance Supervisor. (T1012-RH)
3. Resolution transferring $23,000 of approved 1979 CIB funtis from Summit Avenue
lighting to Forest Street lighting. (11163-GM)
�. Resolution establishing procedural guidelines for referring employees for
counseling and/or treatment. (11184-Gh1)
5. Resolution establishing title and class specification far title of BlacksmitFr
Trainee in Section 3.A.1 . (Building Trades-Ungraded) of Civil Service Ru1es
and Section 32. (11185-GM)
6. Resolution establishing rate of pay for new title of Blacksmith Trainee. (11181-G�'�}
7. Resolution establishing title of Blacksmith in Section 3.A (Building Trades-
Ungr�aded) of Civil Service Rules to replace title of General Blacksmith and
establishing class specification in Section 32. (11183-G^1)
8. Resolut;on approving the 198� Labor Agreement betv��een the City of St. Paul and
the Electrical Workers Union, Local No. 110. (11180-GM}
Ci�:'Y �L-'iLL SEVE�i7H FLOO't SAIN?' PAUI�, �fI�I�;�:�OT_� ;�IO2
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EXPLANATION OF ADMINISTRATIVE ORDERS,
RESOLUTIONS, � o��N��ES R E c � �'�' � D
JU:� ��1,�0
Date: June 24, �980 �y1p►YOR�S 0���
T0: MAYOR GEORGE LATIMER
Flt: Personnel Office
RE: Resolution for submission to City Council
� ACTION REQUESTED
We recommend your approval and submission of this Resolution to the City Council.
PURPOSE AND RATIONALE FOR THIS ACTION:
This Resolution approves the 1980 Labor Agreement between the City of
St. Paul and the Electrical Workers Union, Local No. 110.
This Agreement calls for a $1. 26 an hour increase i.n wage s and 35� in
frin.ges, for a total package hourly increase of $1.61 as of May 3, 1980.
On November 1, 1980, th.e wage will be increased 24� an hour and fri.n.ges
6� an hour. These adjustments are based on the outside Union settlement
for 1980.
This contract also includes language which allows the Union to have one
5teward i.n each Depaxtment and language which clarifies the non-work
Holidays.
ATTACHI�IENTS:
Resolution, copy for City Clerk, and 1980 Labor Agreement.
FY�t?���!
1980
MAINTENL�NCE LABOR AGREEMENT
- between -
THE CITY OF SAINT PAUL
= and -
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 110
I N D E X ������
ARTICLE TITLE PAGE
Preamble iii
I Purpose 1
II Recognition 2
III Employer Rights 3
IV Union Rights 4
V Scope of the Agreement 5
VI Probationary Periods 6
VII Philosophy of Employment and Co�pensation 7
VIII Hours of Work 8
IX Overtime 9
X Ca11 back 10
XI Work Location, Residency I1
XII Wages and Fringe Benefits 12
XIII Selection of Foreman and General Foreman 14
XIV Early Retirement Insurance Benefits 15
XV Holidays 16
XVI Disciplinary Procedures 17
XVII Absences from Work 18
XVIII Seniority 19
XIX Jurisdiction 20
XX Separation and Retirement 21
XXI Tools 22
XXII Grievance Procedure 23
XXIII Right of Subcontract 28
XXIV Non-Discrimination 29
XXV Severability 30
XXVI Waiver 31
XX`JII City Mileage Plan 32
XXVIII Maternity Leave 33
XXIX Duration and Pledge 34
Appendix A A1
Appendix B B1
Appendix C CI
Appendix D D1
Appendix E E1
Appendix F F1
- ii -
PREAMBLE ��t.9���
This AGREEMENT is entered into between the City of Saint Paul,
hereinafter referred to as the II�LOYER and the International Brotherhood
of Electrical Workers, Local 110 hereinafter referred to as the UNION.
The EMPLOYER and the UNION concur that this AGREEMENT has as
its ob�ective the promotion of the responsibilities of the City of
Saint Paul for the benef it of the general public through effective
labor-managment cooperation.
The EMPLOYER and the UNION both realize that this goal depends
not anly on the words in the AGREEMENT but rather primarily on at-
titudes between people at all levels of responsibility. Constructive
attitudes of the EMPLOYER, the UNION, and the individual employees will best
serve the needs of the general public.
- iii -
�E��.3�5'(a
ARTICLE I - PURPOSE
1.1 The EMPLOYER and the UNION agree that the purpose for entering
into this AGREEMENT is to:
1.11 Achieve orderly and peaceful relations, thereby
establishing a system of uninterrupted operations
and the highest level of employee performance that
is consistent with the safety and well being of all
concerned;
1.12 Set forth rates of pay, hours of work, d;id other
� conditions of employment as have been agreed upon
by the F1�II'LOYER and the UNION;
1.13 Establish procedures to orderly and peacefully resolve
disputes as to the application or .interpretation of
this AGREEMENT without loss of manpower productivity.
1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a
supplement to legislation that creates and directs the II�IPLOYER.
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 conflict so that it conforms to the
statue as provided by Article 25 (SEVERABILITY) .
- 1 -
ARTICLE II - RECOGNITION
2.1 The EMPLOYER recognizes the iTNION as the exclusive representative
for collective bargaining purposes for a11 personnel having an
employment status of regular, probationary, provisional, temporery,
and emergency employed in the classes of positions defined in 2.2
as certified by the Bureau of Mediation Services in accordance
with Case No. 73-PR-477-A dated April 16, 1973.
2.2 The classes of positions recognized as being exclusively represented
by the UNION are as listed in Appendix A.
- 2 -
������
ARTICLE III - FMPLOYER RIGHTS
3.1 The EMPLOYER retains the right to operate and manage all manpower,
facilitiss, and equipment; to establish functions and programs;
to set and amend budgets; to determine the utilization of
technology; to establish and modify the organizational structure;
to select, direct, and determine the number of personnel; and to
perform any inherent managerial function not specifically limited
by this AGREEMENT.
3.2 Any "term or condition of employment" not established by this
AGREEMENT shall remian with the EMPLOYER to eliminate, modify, or
establish following written notification to the UNION.
- 3 -
t'; �' �,>'���\,�
ARTICLE IV - L'IVION RIGHTS
4.1 The EMPLOYER shall deduct from the wages of employees who authorize
such a deduction in writing an amount necessary to cover raonthly
UNION dues. Such monies deducted shall be remitted as directed by
the UNION.
4.11 The EMPLOYER shall not deduct dues from the wages
of employees covered by this AGREEMENT for any other
labor organization.
4.12 The UNION shall indemnify and save harmless the
ErII'LOYER from any and all claims or charges ma.de
against the EMPLOYER as a result of the implementation
of this ARTICLE.
4.2 The UNION may designate one (1) employee from the bargaining unft
in each department to act as a Steward and shall inform the EMPLOYER
in writing of such designation. Such employee shal.l have the rights
aad responsibilities as designated in Article 22 (GRIEVANCE PROCEDURE) .
4.3 Upon notification to a designated EMPLOYER supervisor, the Business
Manager of the UNION, or his designated representative shall be
permitted to enter the facilities of the II�'LOYER where employees
covered by this AGREII�IENT are working.
- 4 -
ARTICLE V - SCOPE OF THE AGREEMENT
5.1 This AGREEN�NT established the "terms and conditions of employment"
defined by M.S. 179.63, Subd. 18 for all employees exclusively
represented by the UNION. This AGREEMENT shall supercede such
"terms and conditions of employment" established by Civil Service
Rule, Council Ordinance, and Council Resolution.
- 5 -
ARTICLE VI - PROBATIONARY PERIODS
6.1 All personnel, originally hired or rehired following separation,
in a regular employment status shall serve a (6) nonth's probationary
period during which time the employee's fitness and abiltity to
perform the class of positions' duties and respor_sibilities shall
be evaluated.
6.11 At any time during the probationa.ry period an
employee may be termina.ted at the discretion of the
. EMPLOYER without appeal to the provisions of
Article 22 (GRIEVANCE PROCEDURE) . �
6.12 An employee terminated during the probationary period
shall receive a written notice of the reason(s) for
such terminat�on, a copy of which shall be sent to the
UIvTON.
6.2 All personnel promoted to a higher class of positions shall serve
a six (6) months' promotional probationary period during which
time the employee's fitness and abilitq to perform tha class of
positions' duties and responsibilities shall be evaluated.
6.21 At any time during the promotional probationary period
an employe� 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 (GRIEVANCE PROCEDURE) .
6.22 An employee demoted during the promotional
probationary period shall be returned to the
employee's previously held class of positions and
sha.11 receive a written notice of the reasons for
demotions, a copy of which shall be sent to the UNION.
- 6 - �
ARTICLE VII - PHILOSOPHY OF EMPLOYI�IENT AND CO*g'ENSATION
7.1 The EMPLOYER and the UNION are in full agreement that the
philosophy of employment and compensation shall be a "cash"
hourly wage and "industry" fringe benefit system.
7.2 The EMPLOYER shall compensate employees for all hours worked
at the basic hourly wage rate and hourly fringe benefit rate as
found in Articles 12 (WAGES AND FRINGE BENEFITS) .
7.3 No other compensation or fringe benefit shal� be accumulated
or earned by an employee except as specificaZly provided for
in this AGREEMENT; except those employees who have individually
optioned to be "grandfathered" as provided by 12.2.
_ � _
ARTICLE VIII - HOURS OF WORK
8.1 The normal work day shall be eight (8) consecutive hours per day, excluding
a thirty (30) minute unpaid lunch period.
8.2 The normal work week shall be five (5) cor.secutive normal work days in any
seven (7) day period.
8.3 Shifts other than the regular daytime shift Monday through Frid.ay may be
established. Such shif ts must be maintained for a period of at least one
(1) work week. The second shift shall be a regularly scheduled shift which
follows a regularly scheduled f irst shift of five (5) hours or greater.
The third shift shall be a regularly scheduled shift which fallows a regularly
scheduled second shift of five (5) hours or greater.
8.4 For employees on a shift basis, this shall be construed to mean an
average of forty (40) hours a week.
8.5 This section shall not be construed as, and is not a guarantee of,
any hours of work per normal work day or per normal work week.
8.6 An employee normally working on a particular shift may be transferred
from that shift to another shift upon one week's notice; prov3ded,
however, that in the event of a vacancy, an employee ma.y be assigned
to another shift to f ill such vacancy upon 24 hours' notice.
8.7 AlI employees sha.11 be at the work location designated by their supervisor,
ready for work, at the established starting time and shall remain at an
assigned work location until the end of the established work day unless
otherwise directed by their supervisor.
8.8 All employees are sub�ect to call-back by the II�LOYER as provided
by Article 10 (CALL BACK) .
8.9 Employees regorting for work at the established starting time and for whom
no work is available shall receive pay for two (2) hours, at the basic hourly
rate, unless notification has been given not to report for work prior to
leaving home, or during the previous work day.
8.10 The employer shall be required to give no less than six and one half
(6�) hours notice, when an employee is to be laid off.
- 8 -
ARTICLE IX - OVERTIME
9.1 Al1 overtime compensated for by the II�IPLOYER must receive prior
authorization from a designated II�LOYER supervisor. No overtime - -
work claim will be honored for payment or credit unless approved
in advance. An overtime claim will not be honored, even though
shown on the time card, unless the required advance approval has
been obtained.
9.2 The overtime rate of one and one-half (1�) the basic hourly rate
shall be paid for work performed under the following circumstances:
9.21 Time worked in excess of eight (8) hours in any one
norma.l work day and
9.22 Ti.me worked on a sixth (6th) day following a normal
work waek.
9.3 The overtime rate of two (2) times the basic hourly rate shall be
paid for work performed under the following circumstances:
9.31 Time worked on a holiday as def ined in ArticZe I6
, (HOLIDAYS) ;
9.32 Time worked on a seventh (7th) day following a
normal work week; and
9.33 Time worked in excess of twelve (12) consecutive hours
in a twenty-four (24) hour period, provided, that all
"emergency" work required by "Acts of God" shall be
compensated at the rate of one and one half (1�) .
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 Ovartime hours worked as provi�ed by tnis ARTI�LE shall be paid
in cash.
- 9 -
ARTICLE X - CALL BACK
10.1 The EMPLOYER retains the right to call back employees before an
employee has started a normal work day or nornal work week and
after an employee has completed a normal work day or normal work
week.
10.2 Employees called back shall receive a mini.mum of four (4) hours
pay at the basic hourly rate.
10.3 The hours worked based on a call-back shall be compensated in
accordance with Article 9 (OVERTIME) , when applicable, and subject
to minimum established by 10.2 above.
10.4 Employees called back four (4) hours or less prior to their
normal work day shall complete the normal work day and be compensated
only for the overtime hours worked in accordance with Article 9
(OVERTIME) .
- 10 -
ARTICLE XI - WORK LOCATION, RESIDENCY
11.1 Employees shall report to work location as assigned by a designated
EMPLOYER supervisor. During the normal work day employees may
be assigned to other work locations at the discretion of the
EMPLOYER.
11.2 Employees assigned to work locations during the normal work day,
other than their original assignment, and who are required to
furnish their own transportation shall be compensated for mileage.
11.3 All new employees appointed after January 1, 1976, would be
required to reside in the City of Saint Paul within one year af
their original appointment, and thereafter would be required to
remain within the City limits as long as they were employed by
the City of Saint Paul.
1I.4 This residency requirement shall apgly to unclassified employees
as well as classified employees.
11.5 Applicants for positions in the City of Saint Paul will not be
required to be residents of the City of Saint Paul.
11.6 Employees failing to meet the residency requirement will be
subject to termination and a hearing process shall be established
to determine whether the residency requirement was met.
- 11 -
ARTICLE XII - WAGES AND FRINGE BENEFITS
12.1 The basic hourly wage rates as established by Appendix C shall be
paid for all hours worked by an employee.
12.2 Employees who are covered by the fringe benefits listed below
shall continue to be covered by such benefits. They shall be
sub3ect to all other provisions of the AGREEMENT, but shall not
have hourly fringe benefit contributions and/or deductions made on
their behalf as provided for by Article 12.7 (FRINGE BENEFITS) .
12.21 Insurance benefits as established by the City of Saint
Paul.
12.22 Sick Leave as established by Resolution No. 3250, Section 20.
12.23 In each calendar year, each full-time employee who is
eligible for v.acation shall be granted vacation according
to the following schedule:
Years of Service Vacation Granted
Less than 5 years 15 days
Af ter 5 years thru 15 years 20 days
Af ter 15 years and thereafter 25 days
Employees who work less than full-time shall be granted
vacation on a pro rata basis.
The above provisions of vacation shall be subject to
Resolution No. 6446, Section I, Subdivision H.
12.24 Nine (9) legal holidays as established by Resolution No.
644b, Section 1, Subdivision I.
12.25 Severance benefits as established by Ordinance No. 11490
with a maximum payment of $4,000.
12.3 Regular employees covered by the Fringe Benefits in 12.2 sha1Z
ha.ve the right to transfer from this coverage. Employees requesting
such transfer shall be considered participating employees and wi11.
no longer be covered by the fringe benefits in 12.2 but shall be
covered by 12.4.
- 12 -
ARTICLE XII - WAGES AND FRINGE BENEFITS (continued)
12.4 Regular employees not covered by the fringe benefits listed in
Article 12.2 shall be considered, for the purpose of this AGREEMENT,
participating employees and shall be compensated in accordance
with Article 12.1 (WAGES) and have fringe benefit contributions
and/or deductions made on their behalf as provided for by Article 12.7.
12.5 Provisional, temporary, and emergency employees shall be considered,
for the purposes of this AGREEMENT, particigating 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.
12.6 Al1 regular employees employed in a title in this bargaining unit
after February 15, Z974, shall be considered, for the gurpose of this
AGREEMENT, participating employees and shall be compensated in accordance
with Article 12.1 (WAGES) and have fringe benefit contributions and/or
deductions made on their behalf as provided for by Article 12.7.
Employees who promote, transfer or reduce to any title in Chis bargaining
unit from any title which is not in this bargaining unit shall not be
allowed to use any accumulated sick leave credits while they are in
such title.
If the employee promotes, transfers ar reduces to any title which is not
in this bargaining unit and if sick leave is allowed under the new title,
the accumulated sick leave the employee had at the time such employee
became a member of this bargaining unit shall be reinstated.
12.7 The EMPLOYER shall make contributions on behalf of and/or make
deductions from the wages of employees covered by this AGREEMENT
in accordance with Appen�ix D for all hours worked.
- 13 -
ARTICLE XIII - SELECTTON OF FOREMAN AND GENERAL FOREMAN
13.1 The seleetion of personnel for the class of positions Electrician--
General Foreman and Foreman sha11 remain solely with the EMPLOYER.
13.2 The class of positions Electrician--General Forema.n and Foreman
shall be filled by employees of the bargaining unit on a
"temporary assignment".
13.3 All "temporary assignments" shall be made only at the direction
of a designated EMPLOYER supervisor.
13.4 Such "temporary assignments" shall be made only in cases where
the class of position� is vacant for more than one (1) normal
work day.
- 14
A.RTICLE XIV - EARLY RETIREMENT INSIJRAI�TCE BENEFITS
14.1 For those employees that are covered by the Fringe Benefits - Article
12, the EMPLOYER will provide life, hospital and nedical insurance for
early retirees who have retired since July 24, 1974, in the same
proportionate amounts of premium as provided by II�PLOYER for active
employees.
14.2 In order to be eligible for the benefits under this early retiree provision,
the employees must:
14.21 Be receiving benefits from a public employee retirement
act at the time of retirement.
14.22 Iiave severed his relationship with the City of Saint Paul
under one of the early retiree plans.
14.33 Inform the Personnel Off ice of the City of Saint Paul in
writing within 60 days of emgloyee's early retirement date
that he or she wishes to be eligible for early rptiree
insurance beneifts.
14.3 Notwithstanding any provis3on of this Article to the contrary, ENIPLOYER
premium payments on behalf of early retirees shall commence June 1, I977,
and shall not be interpreted to apply retroactively or act in reimbursement.
14.4 Any obligation of the EMPLOYER to an early retiree as defined herein shall
cease when such early retiree reaches age sixty-five (65) .
- 15 -
ARTICLE XV - HOLIDAYS
15.1 The following nine (9) days shall be designa.ted as holidays:
New Year's Day, January 1 ,
Presidents' Day, third Monday in February
Memor3al Day, last Monday in May
Independence Day, July 4
Labor Day, first Monday in September
Columbus Day, second Monday in October
Veterans' Day, November 11
Thanksgiving Day, fourth Thursday in November
Christmas Day, December 25
15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday,
the following Monday shall be considered the designated holiday. When aas
of these three (3) holidays falls on a Saturday, the preceding Friday sha�2.
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.
15.3 The nine (9) holidays shall be considered non-work days.
15.4 If, in the judgment of the IIKPLOYER, personnel are necessary for operatin�
or emergency reasons, employees may be scheduled or "called back" in
accordance with Article 10 (CALL BACK) .
15.5 Employees covered by the Fringe Benefits in 12.2 and working on a designaLed
holiday shall be compensated at the rate of two (2) times the basic hourl�
rate for all hours worked.
15.6 Employees not covered by the Fringe Benefits in 12.2 and assigned to work
on Presidents� Day, Columbus Day or Veterans` Day shall be compensated on
a straight time basis for such hours workec3.
15.7 Employees not covered by the Fringe Benefits in 12.2 and assigned to work
on New Year's Day, Memorial, Day, Independence Day, Labor Day, Thanksgivin�
Day, or Christmas Day shall be compensated at a rate of two (2) times the
basic hourly rate for such hours worked.
15.8 The day after Thanksgiving Day and the day before Christmas Day sha11 be
considered work days. All employees working on these days shall be
compensated on a straight time basis.
- 16 -
ARTICLE XVI - DISCIPLINARY PROCEDURES
16.1 The EM°LOYER shall have the right to impose disciplinary actions
on emplo�ees for just cause.
16.2 Disciplinary actions by the ErIPLOYER shall include only the
following actions:
16.21 Oral reprimand
16.22 Written reprimand
16.23 Suspension
16.24 Demotion
16.25 Discharge
16.3 Employees who are suspended, demoted or discharged shall have the
right to reque�c that such actions be reviewed by the Civil Service
Commission or a designated Board of Review. The Civil Service
Commission, or a designated Board of Review, shall be the sole and
exclusive means of reviewing a suspension, demotion, or discharge.
No appeal of a suspension, demotion, or discharge shall be considered
a "grievance" for the purpose of processing through the provisions
of Article 22 (GRIEVANCE PROCEDURE) .
- 17 -
ARTICLE XVII - ABSENCES FROM WORK
17.1 Employees who are unable to r�port for their normal work day
have the responsibility to notify their supervisor of such absence
as soon as possible, but in no event later than the beginning of
such work day.
17.2 Failure to make such notification may be grounds for discipline
as provided in Article 16 (DISCIPLINARY PROCEDURES) .
17.3 Failure to report for work without notification for three (3)
consecutive normal work days may be considered a "quit" by the
ENIPLOYER on the part of the employee.
ARTICLE XVIII - SENIQRITY
18.1 Seniority, for the purposes of this AGREEMENT, shall be defined
as follows:
18.11 "Master Seniority" - the length of continuous regular
and probationary service with the EMPLOYER from the
last date of employment in any and all class titles
covered. by this AGREEMENT.
18.12 "Class Seniority" - the length of eontinuous regular
and probationary service with the EMPLOYER from the
date an employee was first appointed to a class title
covered by this AGREII�NT.
18.2 Seniority shall not accumulate during an unpaid leave of absence,
except when such a leave is granted for a period of less than
thirty (30) calenda_r days; is granted because of illness or injury;
is granted to allow an employee to accept an appointment to the
unclassified service of the EMPLOYER or to an alected or appointed
fulltime position with the UNION.
18.3 Seniority shall terminate when an employee retires, resigns,
or is discharged.
18.4 In the event it is determined by the EMPLOYER that it is necessary
reduce the work force employees wi11 be laid off by class title
within each Department based on inverse length of "C1ass .Seniority."
Employees laid off sha11 have the right to reinstatement in any
lower-paid class title, provided, employee has greater "Master
Seniority" than the employee being replaced.
18.5 The selection of vacation periods shall be made by class title
based on length of "Class Seniority", subject to the approval
of the II�LOYER. . .
- 19 -
ARTICLE XIX - JURISDICTION
19.1 Disputes concerning work jurisdiction between and among unions
is recognized as an appropriate subject for determination by
the various unions representing employees of the ENIPLOYER.
19.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction
by any mutual agreements between the unions involved.
19.3 In the event of a dispute concerning the performance or assignment
of work, the unions involved and the EMPLOYER shall meet as soon
as mutua.11y possible to resolve the dispute. Nothing in the
foregoing shall restrict the right of the II�LOYER to accomplish
the work as origina.11y assigned pending resolution of the d{.spute
or to restrict the EMPLOYER's basic right to assign work.
19.4 Any employee refusing to perform work assigned by the EMPLOYER
and as clarified by Sections 19.2 and 19.3 above shall be sub�ect
to disciplinary action as provided in Article 16 (DISCIPLINARY
PROCEDURES).
19.5 There shall be no work stoppage, slow down, or any disruptioa
of work resulting from a work assigrlment.
- 20 -
ARTICLE XX - SEPARATION AND RETIREMENT
20.1 Employeas having a probationary or regular employment status
shall be considered separated from employment based on the
following actions:
20.11 Resigna.tion. Employees resigning from employment
shall give written notice fourteen (14) calendar
days prior to the effective date of the resignation.
20.12 Retirement. All employees shall retire from
employment with the II�LOYER no later than the last
calendar day of the month in which aa employee
becomes seventy years oid.
20.13 Discharge. As provided in Article 16.
20.14 Failure to Report for Duty. As provided for in
Article 17.
20.2 Employees having an emergency, temporary, or provisional employment
status may be terminated at the discretion of the EMPLOYER
before the completion of a normal work day. •
- 21
ARTICLE XXI - TOOLS ����E:�
21.1 All employees shall personally provide themselves with the
tools of the trade as listed in Appendix E.
- 22 -
ARTICLE XXII - GRIEVANCE PROCEDURE
22.1 The EMPLOYER shall recognize Stewards selected in accordance
with UNION rules and regulations as the grievance representative
of the bargaining unit. The UNION shall notify the II�LOYER
in writing of the na.mes of the Stewards and of their successors
when so named.
22.2 It is recognized and accepted by the EMPLOYER and the UNION
that the processing of grievances as hereinafter provided is
limited by the job duties and responsibilities of the emplayees
and shall therefore be accomplished during working hours only
when consistent with such employee duties and responsibilities.
The Steward involved and a grieving employee shall suffer no
loss in pay when a grievance is processed during working hours,
provided, the Steward and the employee have notified and received
the approval of their supervisor to be absent to grocess a
grievance and that such absence would not be detrimental to
the work programs of the F1�'LOYER.
22.3 The procedure established by this ARTICLE shall be the sole and
exclusive procedure, except for the appeal of disciplinary action
as provided by 16.3, for the processing of grievances, which are
defined as an alleged violation of the terms and coaditions of
this AGREEMENT. �
22.4 Grievances shall be resolved in conformance with the following
procedure:
Step 1. Upon the occurrence of an alleged violation of this
AGREEMENT, the employee involved shall attempt to
resolve the matter an an informal basis with the
- 23 -
ARTICLE XXII - GRIEVF?vCE PROCEDURE (CONTINUED)
employee's supervisor. If the matter is not resolved
to the employee's satisfaction by the informal discussion
it may be reduced to writing and referred to Step 2 by
the UNION. The written grievance shall set forth the
nature of the grievance, the facts on which it is based,
the alleged sections(s) of the AGREEMENT violated, and
the relief requested. Any alleged violation of the
AGREEMENT not reduced to writing by the UNION within
sevea (7) calendar aay$ of the first occurrence of the
event giving rise to the grievance or within the use of
reasonable diligence should have had knowledge of the
f irst occurrence of the event giving rise to the
grievance, shall be considered waived.
Step 2. Within seven (7) calendar days after receiving the
written grievance a designated F�Il'LOYER supervisor sha1Z
meet with the UNION Steward and attempt to resolve the
grievance. If, as a result of this meeting, the grievance
remains unresolved, the II�LOYER shall repZy in writing
to the UNION within three (3) calendar days following
this meeting. The UNION may refer the grievance in
writing to Step 3 within seven (7) calendar days following
receipt of the II�LOYER's written answer. Any grievance
not ref erred in writing by the UNION within seven (7)
calendar days following receipt of the II�IPLOYER's answer
shall be considered waived.
- 24 -
ARTICLE XXII - GRIEVANCE PROCEDURE (CONTINUED)
Step 3. Within seven (7) calendar days following receipt of a
grievance ref erred from Step 2 a designated II�LOYER
supervisor shall meet with the UNION Business Manager
or his designated representative and attempt to resolve
the grievance. Within seven (7) calendar days following
this meeting the IIKPLOYER shall reply in writing to
the UNION stating the IIKPLOYER'S answer concerning
the grievance. If, as a result of the written
response the grievance remains unresolved, the tTNION
may ref er the grievance to Step 4. Any grievance not
referred to in writing by the UNION to Step 4 within
seven (7) calendar days following receipt of the
EMPLOYER'S answer shall be considered waived.
Step 4. If the grievance remains unresolved, the Union may
within seven (7) calendar days after the response of
the EMPLOYER in Step 3, by written notice to the
F�LOYER, request arbitration of the grievance. The
arbitratian proceedings shall be conducted by an
arbitrator to be selected by mutual agreement of
the EMPLOYER. and the UNION within seven (7) calendar
days after notice has been given. If the parties
fail to mutually agree upon an arbitrator within the
said seven (7) day period, either party may request
the Public Employment Relation Board to submit a
- 25 -
ARTICLE XXII - GRIEVANCE PROCEDURE (CONTINUED)
panel of five (5) arbitrators. Both the E�IPLOYER
and the tTNION shall have the right to strike two
(2) names from the panel. The Union shall strike
the f ir s t (1 s t) name; the F.Ng'LOYER shall then
strike one (1) name. The process will be repeated
and the remaining person shall be the arbitrator.
22.5 The arbitrator shall have no right to amend, modify, nullify,
ignore, add to, or subtract from the provisions of this AGREEMENT.
The arbitrator shall consider and decide only the specific issue
submitted in writing by the II�LOYER and the UNION and shall
have no authority to make a decision on any other issue not so
submitted. The arbiCrator shall be without power to make d.ecisions
contrary to or inconsistent with or modifying or varying in 2IIy WS}�
the application of laws, rules, or regulations having the force and
effect of law. The arbitrator's decision shall be submitted in
writing within thirty (30) days following close of the hearing or
the submission of briefs by the partiea, whichever be later, unless
tlze parties agree to an extension. The decision shall be based
solely on the arbitrator's interpretation or application of the
express terms of this AGREEMENT and to the facts of the grievance
presented. The decision of the arbitrator shall be final and
binding on the EMPLOYER, the UNION, and the employees.
- 26 -
ARTICLE XXII - GRIEVANCE PROCEDURE (CONTINUED)
22.6 The fees and expenses for the arbitrator's services and proceedings
shall be borne equally by the EMPLOYER and the UNION, provided that
each party shall be responsible for compensating its own representative
and witnesses. If either party cancels an arbitration hearing or asks
for a last minute postponement that leads to the arbitrators making a
charge, the canceling party or the party asking for the postponement
shall pay this charge. If either party desires a verbatim record of the
proceedings, it may cause such a record to be made providing it
pays for the record.
22.7 The time limits in each step of this procedure may be extended
by mutual agreemeat of the EMPLOYER and the UNION.
- 27 -
ARTICLE �III - RIGHT OF SUBCONTRACT
23.1 The IIKPLOYER may, at any time during the duration of this
AGREEMENT, contract out work done by the employees covered
by this AGREEMENT. In the event that such contracting would
result in a reduction of the work force covered by this
AGREEMENT, the EMPLOYER shall give the UNION a ninety (90)
calendar day notice of the in,tention to sub-contract.
23.2 The sub-contracting of work done by the employees covered
by this AGREEMENT shall in alI cases be made only to employers
who qualify in accordance with Ordinance No. 14013.
- 28 -
ARTICLE XXIV - NON-DISCRIMINATION
24.I The terms and conditions of this AGREEMENT will be applied to
employees equally without regard to, or discri�ination for or
against, any individual because of race, color, creed, sex,
age, or because of inembership or non-membership in the UNION.
24.2 Eanplayees will perform their duties and responsibilities in
a non-discrimina.tory manner as such duties and responsibilities
involve other employees and the general public.
- 29 -
ARTICLE XXV - SEVERABILZTY
2�.1 In the event that any provision(s) of this AGREEMENT is declared
to be contrary to law by proper legislative, administrative, or
�udicial authority from whose finding, determination, or decree
no appeal is taken, such provision(s) shall be voided. All other
provisions shall continue in full force and effect.
25.2 The parties agree to, upon written notice, enter into negotiations
to place the voided provisions of the AGREEMENT in comgliance
with the legislative, administrative, or �udicial determination.
- 30 - �
ARTICLE XXVI - WAIVER
26.1 The EMPLOYER and the UNION acknowledge that during the meeting
and negotiating which resulted in this AGREEMENT, each had the
right aizd opportunity to make proposals with respect to any
subject concerning the terms and conditions of employc►ent. The
agreements and understandings reached by the parties after the
excercise of this right are fully and completely set forth in
this AGREEMENT.
26.2 Therefore, the EMPLOYER and the UNION for the duration of this
AGREEME�TT agree that the other party shall not be obligated to
meet and negotiate over any term or conditions of employment
whether specif ically covered or not spe�ifically covered by
this AGREEMII�TT. The UNION and IIKPLOYER ma.y, however, mutually
agree to modify any provision of this AGREEMENT.
26.3 Any and all prior ordinances, agreements, resolutions, practices,
policies, and rules or regulations regarding the terms and
conditions of employment, to the extent they are inconsistent
with this AGREEMENT, are hereby superseded.
- 31 -
ARTICLE XXVII - CITY MILEAGE
27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the
Saint Paul Administrative Code, as amended, pertaining to reimbursement
of City officers and employees for the use of their own autQmobiles 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.
T�pe 1. If an employee is required to use his/her own automobile
OCCASIONALLY during employment, the employee shall be reimbursed at
the rate of $3.00 per day for each day the e�ployee's vehicle is
actually used in perf6rming the duties of the employee`s position. '
In addition, the employee shall be reimbursed 15� per mile for each
mile actually driven.
If such employee is required to drive an automobile during employment and
the department head or designated representative determines that an
employer vehicle is available for the employee's use but the employee
desires to use his/her own automobile, then the employee shall be reim-
bursed at the rate of 15� per mile driven and shall not be eligible
for any per diem.
Type 2. If an employee is required to use his/her own automobile
REGULARLY during employment, the employee shall be reimbursed at the
rate of $3.00 per day for each day of work. In addition, the employee
shall be reimbursed 15� per mile for each mile actually driven.
If such employee is required to drive an automobile during employment
and the department head or designated representative determines that
an employer vehicle is available for the employee's use but the employee
desires to use his/her own automobile, then the employee shall be reim-
bursed at the rate of 15C 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 plans
who are required to have their personal car available for City business.
Such parking will be provided only for the days the employee is required
to have his or her own persona.l car available.
27.4 Rules and Regulations: The Mayor sha11 adopt rules and regulations
governing the procedures for automobile reimbursement, which regulations
and rules shall contain the requirement that recipients shall file daily
reports indicating miles driven and shall file monthly affidavits stating
the number of days worked and the number of miles driven, and further
require that they maintain automobile liability insurance in amounts of
not less than $100,000/$300,000 for personal injury, and $25,000 for
property damage, or liability insurance in amounts not less than $300,000
single limit coverage, with tre City of Saint Paul named as an additional
insured. These rules and regulations, together with the amendment thereto,
shall be maintained on file with the city clerk.
- 32 -
ARTICLE XXVIII - I�.ATERNITY LEAVE
28.1 Maternity Leave. Maternity is defined as the physical state of
pregnancy of an employee, commencing eight (8) months before the
estimated date of childbirth, as determined by a physician, and
ending six (6) months after the date of such birth. In the event
of an employee's pregnancy, the employee may apply for leave
without pay at any time during the period stated above and the
employer may approve such leave at its option, and such leave
may be no longer than one (1) year.
- 33 -
ARTICLE XXIX - DURATION AND PLEDGE
29.1 This agreement shall become effective as of May 1, 1980, and
shall rema.in in effect through the 30th day of April, 1981, and
continue in effect from year to year thereafter unless notice
to change or to terminate is given in the manner provide in 29.2.
29.2 If either party desires to termi.nate or modify this AGREEMENT,
effective as of the date or expiration, the party wishing to
modify or terminate the AGRE�T shall give written notice to
the other party, not more than ninety (90) or less than sixty
(60) calendar days prior to the expiration date, provided, that
the AGREEMENT may only be so terminated or modified effective
as of the expiration date.
29.3 In consideration of the terms and conditions of employment
established by this AGREIIKEI�TT and the recognition that the
GRIEVANCE PROCEDURE herein established is the means by which
grievances concerning its application or interpretation may
be peacefully resolved, the parties hereby pledge that during
the term of the AGREEMENT: .
29.31 The UNION and the employees will not engage in,
instigate, or condone any cancerted 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 full, faithful performance of their _
duties of employment.
ARTICLE XXIX - DIJRATION AND PLEDGE (continued)
29.32 The EriPLOYER will not engage in, instigate, or
condone any lock-out of employees.
29.33 This constitutes a tentative agreement between
the parties which will be recommended by the City
Negotiator, but is subject to the approval of the
Administration of the City and is also subject
to ratification by the UNION.
AGREED to this 3rd day of July , 1980, and attested to as the full
and complete understanding of the parties for the period of time herein
specified by the signature of the following representative from the
II�'LOYER and tha UNION.
WITNESSES:
INTERNATIONAL BROTHERHOOD OF
CITY OF SAINT PAUL ELECTRICAL WORKERS, LOCAL lI0
. �
+ BY: k � l
Labor Re tio D' ctor usiness Manager
BY: BY:
Civil Service Commission
- 35 -
������
APPENDIX A
The classes of positions recognized as being exclusively represented
by the UNION are as follows:
Electrician--General Fore�an
Electrician--Foreman
Electrician
Apprentice Electrician
Senior EZectrical Inspector
Electrical Inspector
and other classes of positions that may be established by the IIKPLOYER
where the scope of the work duties and responsibilities assigned comes
within the jurisdiction of the UNION.
- A1 -
APPENDIX B
For all narmal work weeks established pursuant to the provisions
of Article VIII of this contract, which includes Sunday, the following
provisions shall apply and govern:
1. All regular electricians employed prior to January 1, 1976
shall be offered assignment to the work week on a seniority
basis, and all such employees shall have the right to refuse
assignment to the workweek. This refusal is subject to the
' provisiong listed below.
2. All regular electricians employed subsequent to January 1,
1976 may be assigned to vacancies in this work week. �
3. All regular electricians shall have the right to bid on and
obtain assignment of a position occupied by an electrician
with lesser class seniority within 30 calendar days from the
date that said pasition 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, 3ury duty
or any other leave acceptable to both parties. These tem-
porary assigriments sha.11 be made on the basis of seniority and
in no instance shall any one employee be required to work an
such temporary basis for more than 15 work days or the total
temporary assignment to exceed 90 work days.
- Bl -
AFPEIv'DIX C
The basic hourly wage rate for provisional, regular and probationary
employees appointed to the following classes of positions ��ho are not coverecl:
by the provisions of Article 12.2.
EffectiL:e
5-43-80
Electrician-General Foreman . . . . . . . . . . $I4.71
Electrician-Fore�an . . . . . . . . . . . . . . $I3.94
Electrician . . . . . . . . . . . . . . . . . . . $12.79
Senior Electrical Inspector . . . . . . . . . . . $14.71
Electrical Inspector. . . . . . . . . . . . . . $I3.94
Lighting Maintenanca Worker
Starting. . . . . . . . . . . . . . . . . . . . $ 8.95
After 6 mos . . . . . . . . . . . . . . . . . . $ 9.59
The basic hourly wage rate for temporary and emergency e�ployees appoint�ed ta
the following classes of positions shall be:
Effective
5-03-80
Electrician-General Forenan . . . . . . . . . . . $15.30
�
Electrician-Foreman . . . . . . . . . . . . . . $14.50
Electrician . . . . . . . . . . . . . . . . . . . $13.30
Electrical Inspector. . . . . . . . . . . . . $I4.50
Senior Electrical Inspector . . . , . . . . . . $I5.30
Lighting Maintenance Worker
Starting. . . . . . . . . . . . . . . . . . . . $ 9.31
Af ter 6 mos . . . . . . . . . . . . . . . . . . $ 9.98
Apprentice Electrician
0 - 6 months . . . . . . . . . 45% of Electrician Rate
7 - 12 months . . . . . . . . . 5d% of Electrician Rate
13 - 18 months . . . . . . . . . 55;� of Electrician Rate
19 - 24 months . . . . . . . . . 60% of Electrician Rate --
25 - 30 months . . . . . . . . . 65% of Electrician Rate
31 - 36 nonths . . . . . . . . . 75% of Electrician Rate
37 - 42 r:or.�ns . . . . . . . . . 80% of Electrician Rate
43 - 48 months . . . . . . . . . 85% of Electrician Rate
- Cl -
APPENDIX C (con*_inued)
The basic hourly wage rate for regular employees appointed to the following
classes of positior_s, who are covered by the pro�isiens of Article 12.2 of this
EIGREEMENT, sha11 be:
Effective Effec�ive
5-Q3-80 11-01-80
Electrician-General Foraman . . . . . . $14.I7 $14.4I �
Electrician-Foreman . . . . . . . . . . $13.48 $13.7I
Electrician . . . . . . . . . . . . . $12.42 $12.66 .
Senior Electrical Znspector . . . . . $14.17 $14.4i
Electrical Inspector. . . . . . . . . . $13.48 $13.7I
Apprentice Electrician
(Hired prior�to riarch 16, 1974) . . . $10.56 $10.75
Employees who work on a regularly assignad shift, beginning earlier than
6 a.m. or ending later than 6 p.m. , provided that at Ieast five hours of the
shift are worked between the hours of 6 p.m. �and 6 a.m., there sha11 be paid a
night differential for the entire shift.
Employees who work on a regularly assigned shift, beginning earlier than
6 a.m. or ending later tha.n 6 p.m., but less than five hours of the shift are
worked between the hours of 6 p.m. and 6 a.m., there shall be paid a night
differential for the hours worked between the hours of 6 p.m. ar.d 6 a.�.
The night differential shall be 5% of the base rate, and shall be paid onl.y
for those night shifts actually worked.
- C2 -
��,��
APPENDIX D ��.4"""
Effective ?��ay 17, 1980, the EtiiiPLOYEP, shall:
(1) Contribute $ .65 per hour for all hours worked by participating
employees as defir_ed in Articles 12.3, 12.4 and 12.5 covered by this
Agreement, to a I;nion designa.ted Nealth and [delfare Fund.
(2) Contribute $ .40 per hour for all hours worked by participatir.g
employees as defined in Articles 12.3, 12.4 and 12.5 covered by this
Agreenent, to a linion designated Pension Fund.
(3) Contribute $ .05 per hour for all hours worked by participating
employees as defir.ec� in Articles 12.3, 12.4 and I2.5 covered by this
Agreement, to a Union designated Apprenticeship Training Fund.
(4) Contribute $ .05 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 covere� by this
Agreement, to a L'nion designated Seniority Fund.
(5) Contribute $ .49 per hour for all hours worked by participa�ing
employees as defined in Articles 12.3, 12.4 and I2.5 couered by this
Agreement, to a L'nion designated Reserve Trust Fund.
(6) Contribute 3% of the gross wages earned by participating empZoyees
as defined in Articles 12.3, 12.4 and 12.5 covere8 by this Agreement
to the Union's designated National Employe�s Benefit Fund (N.E.B.F.) .
(7) Contribute 7�% of all �aages earned by participating esployees as
defined in ArticZes 12.3, 12.4 and 12.5 covered by this Agreeueat,
to a Union designated Vacation and Holiday Fund. This contribution
is subject to al? payroll deductions.
- Dl -
APPENDIX "D" (continued) �
Effective November 1, 1980 the Employer shall:
Contribute $ .30 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 covered by
this Agreement, to a Union designated Annuity Fund.
The EMPLOYER sha.11 establish Workman's Compensation and Unemployment
Compensation programs as required by Minnasota Statutes.
Participating employees as defined in Articles 12.3, 12.4 and 12.5 covered
by this AGREEMENT sha11 not be eligible for, governed by, or accumulate
vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe
benefits tha.t are or may be established by Personnel Rules, Council Ordinance,
or Council Resolution.
The II�LOYER'S fringe benefit obligation to participating employees covered
by this AGREEMENT, as defined in Articles 12.3, 12.4 and 12.5 is i�.tea soZely
to the contributions and/or deductions established by this AGREEMENT. The
actual level of benefits provided to employees shall be the responsibility
of the trustees of the various funds to which the EMPLOYER has forwarded
contributions and/or deductions.
- D2 -
APPENDIX E
Pocket Tool Punch and Belt
6" Rule
9" or 10" Aluminum Level
8" Side Cutters
Criznping Too1
10" Crescent Wrench
Combination Box-Open End Wrenches 3/8" - 3/4"
Socket Set of equivalent sizes
Cold Chisel and Center Punch
Taps 6/32 - 8/32 - 10/32 - 10/24 - 1/4 20
Tap Wrench
File Rasp 12" 1/2 Round and Rat Tail
Hack Saw 12" Blade �
Screw Drivers 4" - 8" - 12" Reg. Slot and 4" and 6" Phillips
Flashlight �
Tester, 600 v. Solenoid Typs
Combinations Square
Rnife
Lvng Nose Plier
Diagonal Cutting Pliers
2 Pair Channel Locks
14" Pipe Wrench or Chain Wrench
Allen Wrenches
Hammer, Ball Pein
- El -
APPENDIX E (CONTINUED)
Scrath Awl
Drills - in accordance with Tap sizes 9/32 and 3/8
Fuse Puller
Angle Screw Driver
Tool Box to hold the above tools
The EMPLOYER shall furnish all other necessary tools or equipment.
Employees will be held responsible for tools or equipment issued to them,
providing the II�LOYER furnishes 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 emplayee which are na
longer serviceable because of wear or breaka.ge, providing the employee has been
employed for nine (9) continuous months or more.
- E2 -
APPENDIX F f��='�"'�
WORKING CONDITIONS FOR SENIOR ELECTRICAL INSPECTORS
AND ELECTRICAL INSPECTORS
As a result of the 1974 settlement, the Parties have established
craft-determined rates for Senior Electrical Inspectors and for
Electrical Inspectors, with the specific understanding that such
agreement is restricted to establishing rates of pay for such clas-
sifications.
It is, consequently, agreed that the Employer in applying Part 3.
ErIPLOYER RIGHTS - of the MAINTENANCE LABOR AGREEMENT, shall have the
right to operate the Department in the same manner as heretofore,
with ma.nagement rights unaffected, and that the establishment of
separate rates for these classifications as well as for Inspector
classifications in other Bargaining Units, may not result in disputes
over assignments or over rates of pay for work perfarmed, nor will.
any 3urisdictional claims or restrictions be asserted by the Union
because members of various Inspector classifications are assigned ta
work which is also performed by other Inspector classifications.
- Fl -