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275560 WHITE - CITY CLERK PiNK - FINANCE COUIICII ����� CANARY - DEPARTMENT G I TY O F SA I NT PA U L BLUE - MAYOR File N . un il Resolution �--Presented By - Referred To Committee: Date Out of Committee By Date An administrative Resolution approving the terms and conditions of a 1980 Maintenance Labor Agreement between the City of St. Paul and the Pipefitters Local 455. WHEREAS, the Council, pursuant to the provisions of Section 12. 09 of the St. Paul City Charter and the Public Employees Labor Relations Act of 1971, as amended, recognizes the Pipefitters Local 455, as exclusive repre sentative for those clas se s of positions within the City of St. Paul certified by the Bureau of Mediation Services under CaseNo. 73-PR-480-A for the purpose of ineeting and negotiating the terms and conditions of employment for all full-time personnel in the classes of positions as set forth in the Agreemezt between the City and the exclusive representatives herei.nabove referenced; and WHEREAS, the City, through designated representatives, and the exclusive representatives have met in good faith and negotiated the terms and conditions of employment for the period May 1, 1980, through April 30, 1981, for such personnel as are set forth in the Agreement between the City of St. Paul and the exclusive repre sentative s; and WHEREAS, the 1980 Agreement has been reached which includes a wage adjustment retroactive to May 1, 1980; now, therefore, be it RESOLVED, that the Maintenance Labor Agreement, cited above, dated as of the effective date of this Resolution, between the City of St. PauZ and the Pipefitters Local 455, on file in the office of the City Clerk, is hereby approved, and the authorized administrative officials of the City are hereby authorized and directed to execute said Agreement on behalf of the City. Appr ove d: airman, Civil S ice ommis sion COU[VCILMEIV Requestgd by Department of: Y eas Hunt a S � PERSONNEL OFFICE Levine In FavOr Maddox McMahon � B Showalter - __ Against Y Tedesco Wil�a SEP 2 �S8(� Form proved C' y t ne Adopte y Council• Date — � Ce ified Yas- by Cou .i r aiy BY / Appr e by ;Nayor: D t EP Ap ed by Mayor for b ' ion to Council By B �st�sHE� SEP 1 3 1980 � -..,... . ����� 1980 MAINTENANCE LABOR AGREEMENT - between - THE CITY OF SAINT PAUL - and - UNITID ASSOCIATION PIPEFITTERS LOCAL UNION N0. 455 � � zrrn� ��'��'�� , �; �,:�;.;- ARTICLE TITLE PAGE Preamble iii I Purpose 1 II Recognition 2 III Employer Rights 3 IV Union Rights 4 V Scope of the Agreement 5 VI Probationary Periods 6 VII Philosophy of Employment and Compensation 7 VIII . Hours of Work 8 IX Overtime 9 % Call Back 10 XI Work Location, Residency 11 XII Weges 12 XIII Fringe Benefits 14 XIV Selection of Foreman and General Foreman 15 XV Retirement . I6 RVI H�lidays 17 XViI Disciplinary Procedures I8 XVIII Absences From Work I9 XIX Seniority 20 XX Jurisdiction 21 XXI Separation 22 XXII Tools 23 XXIII Grievance Procedure 24 XXIV Right of Subcontract 29 XXV Non-discrimination 30 XXVI Severability 31 XXVII Waiver 32 XXVIII City Mileage Plan 33 XXIX Duration and Pledge 34 Appendix A AI Append� B Bl Appendix C Cl Appendix D D1 Appendix E E1 - ii - � � � � '.��n P R E A M B L E This AGRE�IENT is entered into between the City of Saint Paul, hereinafter referred to as the II�LOYER and the United Association � Pipef itters Local Union No. 455, hereinafter ref erred to as the UNION. The ENIPLOYER and the U13ION concur that this AGREEMENT has as its objective the promotion of the responsibilities of the City of Saint Paul for the benef it of the general public through effective labor�aanagement cooperation. The IIKPLOYER and the UNION both realize that this goal depends not only on the words in the AGREEMENT but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the E1�3LOYER, the UNION, and the individual employees will best serve the needs of the general public. - iii - � ARTICLE I - PURPOSE 1.1 The EMPLOYER and the UNION agree that the purgose 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 aIl concerned; I.12 Set forth rates of pay, haurs of work, and other canditions of employment as have been agreed upon by the EMPLOYER and the ITI�iION; 1.13 Establish procedures to orderly and peacefully resolve disputes as. to the application or inter- pretation of this AGREEMENT without loss of manpower productivity. 1.2 The ENiPLOYER and the UNION agree that this AGREEMENT serves as a supplement to legislation that creates and directs the II�LOYER. If any part of this AGREEMENT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict sa that it conforms to the statute as provided by Article 26 (SEVERABILITY) . - 1 - ARTICLE II - RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisional, temporary, and emergency employed in the classes of positions defined in 2.2 as certif ied by the Bureau of Medication Services in accordance with Case No. 73-PR-480-A dated April 16, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. - 2 - . � ARTICLE III - IIKPLOYER RIGHTS 3.1 The F�IPLOYER retains the right to operate and manage aIl manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of teehnology; 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 em.ployment" not established by this AGREEMENT shall remain with �he II�LOYER to eliminate, modify, or establish following written notification to the UNION. - 3 - ARTICLE IV - UNION RIGHTS 4.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies deducted shall be remitted as directed by the UNION. 4.11 The 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 ha�less the �LOYER from any and all clai.ms or charges ma.de against the EMPLOYER as a result of the i.mplementation _ of th3s ARTICLE. 4.2 The UNION may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the F,i�.'LOYER in writing of such designation. Such employee shall have the rights and responsibilities as designa.ted in Article 23 (GRIEVANCE PROCEDURE) . 4.3 Upon notification to a designated EMPLOYER supervisor, the Business Ma.nager of the UNION, or his designated representative sha11 be permitted to enter the facilities of the II�LOYER where employees covered by this AGREEMENT are working. - 4 - � ,.r.... ARTICLE V - SCOPE OF THE AGREEMENT 5.1 This AGREEMENT establishes the "terms and conditions of employment" defined by M.S. 179.63, Subd. 18 for all employees exclusively represented by the UNION. This AGREEMENT shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. - 5 - . ,� ARTICLE VI - PROBATIONARY PERIODS 6.1 AIl personnel, originally hired or rehired following separatfon, in a regular e�ployment status shall serve a six (6) month's probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.11 At any time during the probationary period an employee may be terminated at the discretion of the II�LOYER without appeal �to .the provisions of Article 23 (GRIEVANCE �ROCEDURE) . 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termina- tion, a copy of which shall be sent to the UNION. 6.2 All personnel promoted to a higher class of positions sha1Z serve a six (6) months' promotional probationary period during which time the employee's f itness and ability to perform the class of positians' duties and responsi- vilities sha11 be evaluated. 6.21 At any time during the promotional probationary perfod an employee may be demoted to the employee's previously held class of positions at the discretion of the EMPLOYER without appeal to the provisions of Article 23 (GRIEVANCE PROCEDURE) . 6.22 An employee demoted during the promotional probation.ary period shall be returned to the employee's previously held class of positions and shall receive a written notice of the rea�ons for demotion, a copy of which shall be sent to the UNION. � - 6 - , ����� ARTICLE VII - PAILOSOPHY OF II"IPLOYMENT AND COMPENSATION 7.1 The �'LOYER and the UNIQN are in full agreement that the philosophy of employment and compensation shall ba a "cash" hourly wage and "industry" fringe benefit system. 7.2 The �LOYER shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (WAGES) and 13 (FRINGE BENEFITS) . 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for f.n this AGREEMENT: except those employees who have individually optioned to be "grandfathered" as provided by 12.2. - 7 - � ARTICLE VIII - HOURS OF WORK 8.1 The normal work day shall be eight (8� consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 8.2 The normal work week sha.11 be five (5) consecutive noraal work days Monday through Friday. 8.3 If, during the term of this AGREEMENT, it is necessary in the II�LOYER'S �udgment to establish second and third shifts or a work week of other than Monday through Friday, the L'NION agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal wark week. 8.5 All employees shall be at the location designated by their supervisor, rezdy for work, at the established starting tir,�e and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.6 AlI employees are subject to call-back by the F.MPLOYER as provided by Article 10 (CALL BACK) . 8.7 Employees reporting for work at the established starting time and for whozn no work is available shall receive pay for two (2� hours, at the basic hourly rate, unless natification ha.s been given not to report for work prior to leaving home, or during the previous work day. 8.8 Standby. Any Refrigeration, Gas and Oil Serviceman wfio is required to he available for emergency service work on weekends and holidays shall be guaranteed work or wages and fringes equivalent to: 40 minutes for Friday nights 80 minutes for Saturday and Saturday night 80 minutes for Sunday and Sunday night or _ 80 minutes for any holiday and holiday night of such 24 hour shift. Al1 of the above at time and one-half rata. If the employee is called in for work, tfie above time shall be a part of, not in addition to, the time worked. - 8 - � � ARTICLE IX - OVERTIME 9.1 Al1 overtime compensated for by the II�LOYER nust receive prior authori- zation from a designated EMPLOYER supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 9.2 The overtime rate of one and one-half (1�� the basic hourly rate shall be paid for work performed under the following circumstances: 9.21 Time worked in excess of eight (8) hours in any one normal w�ork day and, 9.22 Time worked on a sixth �6th) day following a normal work week. 9.3 The overti�e rate of two {,2� times the basic hourly rate shall be paid for work perfamred under the following circumstances: 9.31 Time worked on a h.oliday as defined in Article 16 (HOLIDAYS� ; 9.32 Time worked on a seventh �7th), day following a normal wor� week; and 9.33 Tiae 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 tfie rate of one and one half (I�) . 9.4 For tlie 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.____ - 9 - ....... ARTICLE X - CALL BACK 10.1 The II�LOYER retaina the right to call back employees before an e�pl,oyee has started a normal work day or normal work week and after an employee has comple.ted a normal work day or normal work week. 10.2 Emp.loyees called back shall receive a sinimum of four (4) hours pay at the basic hourly rate. 10.3 The hours worked based on a call-back shall be co�pensated in accordance with Article 9 (OVERTIME) , when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overti.r�e 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 II�LQYER. 11.2 Employees assigned to work locations during the normal work day, other tha.n their original assignment, and who are required to furnish their own transportation shall be compensated for mileage. 11.3 The resolution pertaining to residency approved July 26, 1979, under Council File No. 273378 shall apply to all employees covered by this AGREEMENT. - 11 - � ARTICLE XII - WAGES 12.1 The basic hourly wage rates as established by Appendix C shaZl be paid for all hours worked by an employee. 12.2 Employees who are covered by the fringe benefits Iisted below shall continue to be covered by such benefits. They shall be subject to all other provisions of the AGREEMENT, but shall not ha.ve hourly fringe benefit contributions and/or deductions made on thair behalf as provided for by Article 13 (FRINGE BENEFITS� . 12.21 Insurance benefits as established by City of Saint Paul Resolutions. 12.22 Sick Leave as established by Resolution No. 3250, Section 20. 1 2.23 Vacation as established by Resolution No. 6446, Section I, Subdivision H, however, employees in this bargaining unit, covered by this vacation provision, shall be granted vacation at the rate of 160 hours in ea.ch calendar year. 12.24 Nine (g� legal holidays as estahlished by Resolution No. 6446, Section I, Subdivision I. 12.25 Severance benefits as established by Ordinance No. II490 with a rnaximum payment of $4,000. 1 2.26 The EMPLOXER will for the period of this AGREEMENT provide for employees who are eligible for tfie City's Aealth and Welfare benefits and who retire after the time of execution of this AGREEM.ENT or wIw have retired since Apri1 1, 1975, and until such employees reach s�ty-five (65� years of age such health insurance iaenefits as are provided by the E�IPLOYER. - 12 - � ..,._ ARTICLE XII - WAGES (contir.ued) 12.27 In order to be eligible for the benefits under the provision of 12.26 the II�LOYEE must: 12.27.1 Be receiving benefits from a public employee retiree act at the time of retirement. 12.27.2 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 12.27.3 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early � retirement date that he or she wishes to be eligible for early retiree insurance benefits. 12.3 Regular empioyees not covered by the fringe benefits listed in Article 12.2 shall be considered, for the purposes of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS). 12.4 Provisional, temporary, and emergency employees shall be considered, for the purposes of this AGREEMENT, participating employees and shall be con- pensated in accordance with Articie 12.1 (WAGES) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 13 (FRINGE BENEFITS� . 12.5 All regular employees employed after February 15, 1974, shall be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit cantributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS�.. - 13 - -..,._ ARTICLE XIII - FRINGE BENEFITS 13.1 The EriPLOYER shall make contributions on behalf of and/or make deductions from the wages of employees covered by this AGREEMEh'T in accordance with Appendix D for all hours worked. - 14 - _ � ARTICLE XIV - SELECTION OF FOREMAN A1�'D GENERAL FOREMAN 14.1 The selection of personnel for the class of position Pipefitter Foreman shall remain solely with the F�IPLOYER. 14.2 The class of position Pipefitter Foreman sha.11 be filled by employees of the bargaining unit on a "temporary assignment". 14.3 A11 "temporary assigrnnents" shall be made only at the direction of a designated EMPLOYER supervisor. 14.4 Such "temporary assignments" shall be made only in cases whexe the class of positio.ns is vacant for more than one (1) normal work day. - 15 - ARTIGLE XV - RETIREMENT 15.1 AlI employees shall retire from employ�.nent with the II�LOYER no later than the last calendar day of the month in which an employee becomes sixty-five {65) years old. - 16 - . „�.. ARTICLE XVI - HOLIDAYS 16.1 The following nine (9) days shall be designated as holidays: New Years Day, January 1 Presidents' Day, Third Monday in February Mer.iorial Day, last Dionday 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 16.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the follow3.ng Monday shall be considered the designated holiday. idhen any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designa.ted hol3day. � 1b.3 The nine (9) holidays shall be considered non�aork days. 16.4 If, in the judgment of the EMPLOYER, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back” in accordance with Article IO (CALL BACK) . 16.5 Employees working on a designated holiday shall be compensate@ at the rate of two (2) times the basic hourly rate for all hours worked. -- 17 - � ARTICLE XZIII - DISCIPLINARY PROCEDURES 17.1 The EMPLOYER shall ha.ve the right to impose disciplinary actions on employees for �ust cause. 17.2 Disciplinary action.s by the II�LOYER shall include only the follow�ng actions: 17.21 Oral reprimand. 17.22 Written reprimand. 17.23 Suspension. 17.24 Demotion. 17.25 Discharge. 17.3 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Board af Review. The Civil Service Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, ar discharge. No appeal of a suspension, demotion, or discharge shall be considered a "grievance" for the purpose of processing through the provisions of Article 23 (GRIEVANCE PROCEDIJRE) . - 18 - , ��-5 SGb ARTICLE XVIII - ABSENCES FROM WORK 18.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possibZe, but in no event later than the beginning of such work day. 18.2 Failure to make such notification may be grounds for disciplina as provided in Article 17 (DISCIPLINARY PROCIDURES) . 18.3 Failure to report for work without notificatiQn for three (3) eonsecutive norma.l work days may be considered a "quit" by the �LOYER on the part of the employee. - 19 - ..,... • , ARTICLE XIX - SENIORITY 1.9.1 Seniority, for the purposes of this AGRE�i�1T, shall be defined as follows: 19.11 "�iaster 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 AGREErfENT. I9.1.2 "Class Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the date an employee was first appointed to a class title covered by this AGREEMENT. 19.2 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) calendar 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 elected or appointed full-time position with the UNION. 19.3 Seniority shall termina.te when an employee retires, resigns, or is discharged. 19.4 In the event it is determined by the EMPLOYER that it is necessary to reduce the work force employees will be laid off by class title within each depar trnent based on inverse length of "Class Seniority". Employess laid off shall have the right to reinstatement in any Iower-paid class title, provided, employee has greater "Master Seniority" than the employee being replaced. `- - 19.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", sub3ect to the approval of the E�LOYER. - 20 - ARTICLE XX - JURISDICTION 20.1 Disputes concerning work jurisdiction betcaeen and among unions is recognized as an appropriate sub�ect to determination by the various unions representing employees of the ENiPLOYER. 20.2 The EMPLOYER agrees to he guided in the assignment of work juris- diction by any mutual agreeaents between the unions .involved. 20.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the II�'LOYER shall meet as soon as mutually pos�ible to resolve the dispute. Nothing in the foregoing shaZl restrict the right of the IIKPLOYER to accomplish the work as originalZy assigned pending resolution of the dispute or to restrict the IIKPLOYER'S basic right to assign work. 20.4 Any employee refusing to perform work assigned by the II�'LOYER and as clarified by Sections 20.2 and 20.3 above shall be sub3ect to disciplinary action as provided in Article 17 (DISCIPLINARY PROCIDURES) . 20.5 There shall be no work stoppage, slow down, or any disruption af work resulting from a work assigrnnent. - 21 - . �».� ARTICLE XXI - SEPARATION 21.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 21.11 Resigna.tion. Employees resigning from employment sha11 give written notice fourteen (14) calendar days prior to the effective date of the resignation. 21.12 Retirement. As provided in Article 15. 21.13 Discharge. As provided in Article 17. 21.14 Failure to Report for Duty. As provided in Article 18. 2I.2 Employees ha.ving an emergency, temporary, or provisiona�. employment status may be terminated at the discretion of the IIKP'LOYER before the completion of a normal work day. � - 22 - , ARTICLE XXII - TOOLS 22.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. - 23 - ' � ARTICLE XXIII - GRIEVANCE PROCEDURE 23.1 The EMPLOYER shall recognize Stewards selected in accordance with LTNION rules and regulations as th� grievance representative of the bargaining , unit. The UNION shall notify the EMPLOYER in writing of the names of the Stewards and of their successors when so named. 23.2 It is re�ognized and accepted by the F�IPLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the 3ob duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such emp2oyee duties and responsibilities. The Steward involved and a grieving emp�oyee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Steward and the employee ha.ve �otiffe@ and received the approvel of their supervisor to be absent ta process a grievance and tha.t such absence would not be detrimental to the work programs of the II�LOYER. 23.3 The procedure establislied by this ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciplina.ry action as provided by 17.3, for the processing of grievances, which are defined as an alieged violation of the terms and conditions of this AGREII�iENT. 23.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violatio.n of this AGREEMENT, the employee involved shall attempt to resolve the matter on an informal basis with the employeets supervisor. If the matter is not resolved -_- - 24 - � . �7�- �' C� ARTICLE XXIII - GRIEVANCE PROCIDURE (continued) to the enployee`s satisfaction by the informal discussion it may be reduced to writing and ref erred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and tlze relief requested. Any alleged violation of the _ � AGREEMENT not reduced to writing by the UNION within seven (7� calendar days of the first occurrence of the event giving rise to the grievance or within the use of �easonable diligence should have ha.d knowledge of the €irst occurrence of the event giving rise to the grievance, shall be considered wai�ed. Step Z. Within seven (7) calendar days after receiving the written grievance a designated IIKPLOYER supervisor shall meet with the UNION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, t�e F1rIPL0YER shall reply in writing to the UNION within three (3� calendar days following this meeting. The UNIaN nay refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any grievance not raferred in writing by the UNION within seven (7) calendar days follororing receipt of the II�LOYER'S answer shaZl be considered waived. - 25 - � � ARTICLE XXIII - GRIEVANCE PROCIDURE (continued) Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designatec� II�2PLOYER supervisor shall meet with the UNION Business Manager or his designa.ted representative and attempt to resolve the grievance. Within seven (7) cal.endar days following this meeting the EMPLOYER shall reply in writing to the UNION stating the II�LOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the UNION may refer 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. II�fPLOYER'S answer shall be considered waived. Step 4. If the grievance remains unresolved, the UNION may within seven (7). calendar days af ter the response of ' the II�LOYER in Step 3, by written notice to the ET�LOYER, request arbitration of the grievance. The arbitration proceedings shall be canducted by an arbitrator to be selected by mutual agreement of the II�iPLOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relations Board to submit a panel '� - _. of five (S) arbitrators. Both tiie EMPLOYER and the - 26 - ' � � � � .� ARTICLE XXIII - GRIEVAI�CE PROCEDURE (continued) UNION shall have the right to strike two (2) names from the panel. The U1�'ION shall strike the first (lst) name; the EMPLOYER sha11 then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 23.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provis3.ons of this AGREEMENT. The arbitrator sha.11 consider and decide only the specific issue submitted i.n writing by the ENIPLOYER and the UNION and shall have no authority to make a decisipn on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to ar inconsistent with or �odifying or varying in any way the appZication of laws, rules or regulations having the force and effect of law. The arbitrator's deeision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the e�press terms of this AGREEMENT and to tfie facts of the grievance presented. The decision of tlie arbitrator sfiall be final and binding on the F.MPLOYER, the UNION and tha employees. -- 27 - ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) 23.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the IIKPLOYER and the UNION, provided that each party sha.11 be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 23.7 The time limits in each step of this procedure may be extended by mutual agreement of the II�tPLOYER and the UNION. - 28 - � �- ARTICLE XXIV - RIGHT OF SUBCONTRACT 24. 1 The EMPLOYEP. may, at any time during the duration of this AGREEMENT, contract out work done by the employees covered by this AGRE�Iv�T. Tn the event that such contracting would result in a reduction af the work force covered by this AGREEMENT, the EMPLOYER shaZl give the UNION a ninety (9Q) calendar day notice of the intention t� sub-contract. 24.2 The sub-contracting of work done by the employees covered by this AGREEMENT sha11 in all cases be made only to employers who qualify in accordance �ith Ordinanca No. I4013. - 29 - ' .,»._ ARTICLE XXV - NON-DISCRIMINATION 25.1 The terr�s and conditions of this AGREEMENT will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, or because of inembership or non-membership in the UNION. 25.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. - 30 - ARTICLE XXVI - SEVERABILITY 26. 1 In the event that any provision(s) of this AGREEMENT is declared ta be contrary to law by proper legislative, administrative, or 3udicial authority from whose finding, determination, or decree no appeal is taken, such provision(s) sha11 be voided. All other provisions shall continue in full force and effect. 26.1 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the AGREIIKENT in compliance with the legislative, administrative, or judicial determination. - 31 - . � ARTICLE XXVII - WAIVER 27. 1 The E.�iPLOYER and the UNION acknowledge that during the meeting and negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this AGREII�fENT. 27.2 Therefore, the EMPLOYER and the UNION for the duration of this AGREEMENT agree that the other party shall not be obligated to aeet and negotiate over any term or conditions of employment whether specifically covered or not specifically covered by this AGREEMENT. The UNION and IIKPLOYER may, however, mutually agree to modify any provision of this AGREEMENT. 27.3 Any and a11 prior ordina.nces, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this AGREEMENT, are hereby superseded. - 32 - ARTICLE XXVIII - CITY MILEAGE � 28.1 Automobile Reimburse�ent Authorized: Pursuant to Chapter 33 of the Saint Paul Adninistrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 28.2 Method of Computation: To be eligible for such reimbursement, aIl officers and employees must receive written authorization from the Department Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the enployee shall be reimbursed at the rate of $3.00 per day for each day the employee's vehicle is actually used in performing the duties of the employeets position. In addition, the employee shall be reimbursed 15� per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an �nployer vehicle is available for the employee's use but the emgloyee desires to use his/her own automobile, then the employee shall be reim- bursed at the rate of 15�. per mile driven and sha11 not be eligible for any ger 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 designa,ted 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 enployee shall iae reim- bursed at the rate of 15� per mile driven and shall not be eligible for any per diem. 28.3 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 w3.11 be provided only for the days the employee is required to have his or her own persona.l car availatile. 28.4 Rules and Regulations: The Mayor shall 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,�00/$3��,0�0 for personaZ injury, and $25,Q00 for =- _ property dama.ge, or liaFiility insurance in amounts not less than $30Q,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, togetfier wi.th the amendment th�reto, shall be maintained on file with tE�e city clerk. - 33 - ARTICLE XXIX - DURATION AIv'D PLEDGE 29. 1 This AGREEMENT shall become effective as of the date of signing, except as specifically provided otherwise in Articles I2 ard 13, and shall remain in effect through the 30th day of April 1981, and continue in effect from year to year thereaf ter unless notice to change or to terminate is given in the same manner provided ir. 29.2. 29.2 If ei.ther party desires to term.inate or modify this AGREEMENT, effective as of the date of expiratian, the party wishi.ng to nodify or terminate the AGREIIKENT shall give written notice to the other party, not more than ninety (90) or less than sixty (b0) calendar days grior to the exgiration date, provided, that the AGREEMENT may only be so terninated or modified effective as of the expiration date. 29.3 In consideration af the terms and conditions of employaent established by this AGREEMENT 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 anq concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent thesselves in whole or part from the full, faithful performance of their duties of employment. 29.32 T�e EME'LOYER will not engage in, instigate, or condone any lock-out of employees. - 34 - '� 7 3 `�`rfo G ARTICLE XXIX - DUR.ATION AND PLEDGE (continued) 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 the City Council and is also subject to ratification by the UNION. AGREED to this 29th day of July , 198�, and attested to as the full and complete understanding of the parties for the period of time herein specified by the signatur� of the following representative for the II�LOYER and the UNION. WITNESSES: UNITED ASSOCIATION PIPEFITTERS CITY OF SAINT PAUL LOCAL UNION N0. 455 � ` [� L or Re ti s irect Business Manager ��,���� 1 � Civil Service Commission - 35 - . APPENDI.X A The classes of positions recognized by the EMPLOYER as being exclusively represented by the UNION are as follows: Pipefitter-Foreman Pipef itter Apprentice Refrigeration Inspector Refrigeration, Gas and Oil Serviceman Mechanical Inspector Senior Mechanical Inspector Gas Burner Inspector Heating and Piping Inspector and. other classes of positions that rlay be established by the ENg'LOYER where the duties and responsibilities assigned comes within the jurisdiction of the UNION. - Al - APPENDIX C The basic hourly wage rates for employees covered by this AGREEMENT shall be as follows: RATE EFFECTIVE RATE EFFECTIVE MAY 1, 1980 NOV. Z, 1980 Regular, Probationary and Provisional Pipefitter $12.93 Pipefitter Foreman $14.09 Refrigeration, Gas and Oil Serviceman $12.93 Mechanical Inspector $14.09 Refrigeration Inspector $14.09 Temporary and Emergency Pipefitter* $13.45 Pipef itter Foreman $14.65 Refrigeration, Gas and Oil Serviceman* $13.45 Mechanical Inspector $14.65 Refrigeration Inspector $14.65 Regular and Probationary Employees who have been "grandfathered" Pipef itter $13.29 $13.32 Pipef itter Foreman $14.31 $14.34 Mecha.nical Inspector $13.56 $13.58 Senior Mechanical Inspector-Pipefitter $14.19 $1G.22 Gas Burner Inspector $13.56 $I3.58 Refrigeration Inspector $13.56 $13.58 *The following shall be applicable to any Apprentices: 0 - 6 months . . . . . . . . . . . . . . . 50% of Journeyman Rate 7 - 12 months . . . . . . . . . . . . . . . . 55% of Journeyman Rate 13 - 18 months . . . . . . . . . . . . . . . 60� of Journeyman Rate 19 - 24 months . . . . . . . . . . . . . . . . 65% of Journeyman Rate 25 - 30 months . . . . . . . . . . . . . . . 70y of Journeyman Rate 31 - 36 months . . . . . . . . . . . . . . . . 75Y of Journeyman Rate 37 - 42 months . . . . . . . . . . . . . . . . 80� of Journeyman Rate 43 - 48 months . . . . . . . . . . . . . . . . 85% of Journeyman Rate 49- - 54 months . . . . . . . . . . . . . . . 90% of Journeyman Rate 55 - 60 months . . . . . . . . . . . . . . . 95Y of Journeyman Rate - Cl - APPENDIX D Ef£ective May 1, 1980, the II�LQYER sha.11: (1) contribute $1.52 per hour from which payroll deductions have . been made for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT, to a UNION designated Credit Union. (2) contribute $ .57 per hour for all hours worked by participating �mployees as defined in Articles 12.3, 12.4 and 12.5 of this AGREII�NT, to a Health and Welfare Fund. Effective November 1, 19$0, this contribution shall become $ .58 per hour. (3) contribute $ .63 ger hour for all hours worked by participating � employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT to the Pension Fund. (4) contribute $ .06 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT, to the Journeyman and Apprenticeship Training Fund. Effective November 1, 1980, this contribution shall become $ .07 per hour. (5) contribute $ .O1 per hour for all bours worked by participati.ng employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT to the .7ury Duty Fund. Effective November 1, 1980, this contribution shall become $ .02 per hour. All contributions made in accordance with this Appendix shall be forwarded to the Twin City Pipe Traders Service Association. The EMPLOYER sh.all establish Workman's Compensation and Unemplo3Tment Compensation programs as required by Minnesota Statutes. � - D1 - ��� , � � APPENDIX D (continued) The E,.�LOYER's fringe benefit obligation to participating employees as @efined in Articles 12.3, 12.4 and 12.5 is limited to the contributions and/or deductions established by this AGREEMENT. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the II�LOYER has forwarded contributions and/or deductions. - D2 - ` . APPENDIX E Tr10RKING CONDITIONS FOR SENIOR riECHANICAL INSPECTORS, MECHANICAL INSPECTORS, REFRIGERATION INSPECTORS AND GAS BL'RNER INSPECTORS As a result of the I974 settlement, the Parties have established craft- determined rates for Senior Mechanical Inspectors, Mechanical Inspectors, Refrigeration Inspectors and Gas Burner Inspectors, with specific under- standing that such agreement is restricted to establishing rates of pay for such classifications.. It is, consequently, agreed that the EMPLOYER in applying Article 3 - E�LOYER RIGHTS - of the rIAI13TENANCE LABOR AGREEMENT, shall have the right to operate the Department in the same manner as heretofore, with management rights una.ffected, and that. the establishment of separate rates for these.classifications as well as for Inspector classificatians in other Bargaining Units, may not result in disputes over assignments or over rates of pay for work performed, nor will any jurisdictional claims or restrictions be asserted by the UNION because members of various Inspector classifications are assigned to work which is also performed by other Inspector classifications. El - r � � �1�'�'� ��+` ��'a_!�?'�;'".� ���T L �—a\\ !e _ . `��_�J ts�-1 .i_., , r. , r-:—r�i T � .j...-...J..� 4.,�`'"' � . lt,� �.--1 �_��x v�� �� 1 L��. '�i�.rj.'� �i�l��Ci.,x� f '/ • T 1 � � � �.�� f .l� ± ': i : ti`.�%.�n�: _ ...�`�ti ��t.J� . • ,.:• .''�;'��� t._�.� `^J '�� .\ Y�...: Uet#e ; August 21 , 1980 �,�.:�� C C) �d� �''� �!� � � � �. � � �-� `�iM - �' C� : ic�in� �'cal�l �i#�� �����i� �� C� � � C t��'1 i�i i i i�� t}�"! FI NANCE, MANA�EMENT & PERSOtVNEL _ George McMahon ; �ha►ernara, rnakes fihe iUi lc�r�inc� , Pep�rr c��� �;. �°. � (��di��ct�7�.� � (8) � .�Z�sol��Yic�n - � � C?;�ter � � ��'�<� : . At its meeting of August 21 , 1980, the Finance Committee recomnended approval - of the fol�lowing: — � l . Resolution allowing Selective Clearance Program to be closed out in CD�Year's III, IV, and U and the Rice-Marion project to be completed in CD Year II. (11282-GM} 2. Reso7ution establishing title of Duplicating Shop Manager in Grade 32, Section 3.L (Technical �Group) and class specifications in Sec. 32, Civil Service Rules. (11145-GM} 3. Resolution establishing �itle of Project Management Tecnnician in Grade 30; " " Section 3.L (Technical Group) and class specification in Sec. �32, Civil � . Servace Ru1es. (1]182-GM) 4. Resolution approvirrg 1980 Maintenance Labor Agreement between City and Sheet � Metal Workers Local 76. (11226-GM) : � 5. Resolution approving 1980 Maintenance Labor Agreement between City and Pipefitters Local No. 455. (11227-GP�) _ - 6. Resolution approving 1980 Agreement between City and Plumbers Laca1 No. 34. (11228-GNl) 7. Resolution approving 1980-1981 Maintenance Labor Agreement between City and Elevator Constructors, Local No. 9. (11229-GP�1) 8. Resolution abolishing title of Senior Mechanical Inspector and establishing n�w titles of Senior Mechanical Inspector-Sheet Metal and Senior Mechanical �_ Inspector-Pipefitter. (11230-GM) (CONTINUED) CITY i�LL SEVENTH FLOOR �:'�I1T PALFL, A�fI\tiES7"ir� S��Q� .s� - - .�� •�� Do n�t detach this memorand�m from the � resolution so that this information wili be auailabie to thQ City Councit. EXPLANATION OF ADMINISTRATIVE ORDERS, ����� RESOLUTIONS, AND ORDINANCES Date: July 24, 1980 �� � � � �� ` � JUL3 1 ??3n MAYOR'S OFHCE T0: MAYOR GEORGE LATIMER FR: Personnel Office � RE: Resolution for submission to City Council ACTION REQUESTED We recommend your approval and submission of this Resolution to the City Council. PURPOSE AND RATIONALE FOR THIS ACTION: This Resolution approves the 1980 Mai.ntenance Labor Agreement between the City of St. Paul and the Pipefitters Local No. 455. The Agreement calls for a total package increase of $1. 85 per hour. The residency language has been deleted and replaced with the provisions of the current re solution regarding re sidency. ATTACHI�IENTS: Resolution, Maintenance Labor Agreement, and copy for City Clerk. _ -C IT Y C L ER K_ _ . _ ������ _. _. WNITE - CITY CLERK � PINK - FINAN66 �T 1 GANARY - DEPARTMENT G I TY OF SL�I �TT l�,t� l.} L C011I1C21 � J�( ��� /? �. . BLUE - MAYOR FlI@ NO.� v (fr Co�ncil Resolutio� Presented By Referred To Committee: Date Out of Committee By Date An administrative Resolution approving the terms and conditions of a 1980 Maintenance Labor Agreement between the City of St. Paul and the Pipefitters Local 455. WHEREAS, the Council, pursuant to the pro�risions of Section 12. 09 of the St. Pau.1 City Charter and the Public Employees Labor Relations Act of 1971, as amended, recognizes the Pipefitters Local 455, as exclusive representative for those classes of positions within the City of St. Paul certified by the Bureau of Mediation Sexvices under CaseNo. 73-PR-480-A for the purpose of ineeting and negotiating the terms and conditions of empl,oyment for all full-time personnel in the classes of positions as set forth in the Agreemait between the City and the exclusive representatives hereinabove referenced; and WHEREA5, the City, through designated representatives, and the exciusive representatives have met in good faith and negotiated the terms and conditions of employment for the period May 1, 1980, th.rough April 30, I98I, for such personnel as are set forth in the Agreement between the City of St. Paul and the exclusive repre sentative s; and WHEREAS, the 1980 Agreement has been reached which includes a wage adjustment retroactive to May 1, 1980; now, therefore, be it � RESOLVED, that the Maintenance Labor Agreement, cited above, dated as of the effective date of this Resolution, between the City of St. Paul and the Pipefitters Local 455, on file in the office of the City Clerk, is hereby approved, and the authorized administrative officials of the City are hereby authorized and directed to execute said Agreement on behalf of the City. ��.��� �i'��.� Approved: � �� F��r� �. OFFICE OF GEORGE McMAHON Chairman, Civil Servi,ce Commission COUNCILME[V Requestgd by Department of: Yeas Nays H�nt PERSONNEL OFFICE Levine IR FBVOI Maddox McMahon B Showalter _ AgBinst Y Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY B� A�proved by :�1avor: Date Approved by Mayor for Submission to Council � �,_