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
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. �����
1980
MAINTENANCE LABOR AGREEMENT
- between -
THE CITY OF SAINT PAUL
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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
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� � � � '.��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.
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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) .
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ARTICLE II - RECOGNITION
2.1 The EMPLOYER recognizes the UNION as the exclusive representative
for collective bargaining purposes for all personnel having an
employment status of regular, probationary, provisional, temporary,
and emergency employed in the classes of positions defined in 2.2
as 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.
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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.
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ARTICLE IV - UNION RIGHTS
4.1 The EMPLOYER shall deduct from the wages of employees who authorize
such a deduction in writing an amount necessary to cover monthly
UNION dues. Such monies deducted shall be remitted as directed by
the UNION.
4.11 The 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.
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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.
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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. �
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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.
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� ARTICLE VIII - HOURS OF WORK
8.1 The normal work day shall be eight (8� consecutive hours per day, excluding
a thirty (30) minute unpaid lunch period, 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.
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� � 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.____
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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) .
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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.
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� 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.
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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�..
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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.
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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.
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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.
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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.
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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) .
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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.
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• , 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.
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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.
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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. �
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ARTICLE XXII - TOOLS
22.1 All employees shall personally provide themselves with the tools
of the trade as listed in Appendix B.
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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 -_-
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� . �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.
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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 _
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ti`.�%.�n�: _ ...�`�ti ��t.J� . •
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'�� .\ 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
� �,_