275561 WHITE - CITY CLERK � J��C�
PtNK - FINANCE COUIICII i U
CANARY - DEPARTMENT G I T Y O F S A I N T PA LT L �
BLUE - MAYOR FIIe N O.
il Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
An administrative Resolution approving the terms and
conditions of the 1980 Maintenance Labor Agreements
between the City of St. Paul and the Plumbers Local
No. 34.
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 Plumbers Local 34 as exclusive representative
for those classes of positions within the City of St. Paul certified by the Bureau
of Mediation Services under Case No. 73-PR-527-A for the purpose of ineeting
and negotiating the terms and conditions of employment for personnel in the
classes of positions as set forth in the Agreement between the City and the
exclusive representative hereinabove referenced; and
WHEREAS, the City, through designated representatives, and the exclu-
sive representative have met in good faith and negotiated the terms and conditions
of employment for the period June 1, 1980, through April 30, 1981, for such
personnel as are set forth in the Agreement between the City of St. Paul and the
exclusive representative; and
WHEREAS, the 1980 Agreement has been reached which includes a wage
adjustment retroactive to June 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 Plumbers
Local 34, 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 Agreements on behalf of the City.
Approved:
Chairman, Civil S 'ce C mission
COUNCILMEN
Requestgd by Department of:
Y
Yeas Hunt a S � PERSO N L OFFI
Levine In Favor
Maddox d
McMahon
sr,o,�,aite� __ Against BY —
Tedesco
SEP �+ �98� Form prove y City tt ne 1
Ado by Counci . Date �
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ertified Ya: d by Cou ret ry BY
Y
Appr e by :Nayor. Da E 4 �ggp A r v by Mayor for Su m ssi to Council
gY B
�,�E� S E P 1 ' �--
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1980
MAINTENANCE LABOR AGREE�IENT
- between -
THE CITY OF SAINT PAUL
- and -
UNITED ASSOCIATION
PLUMBERS LOCAL 34
. ����'�
INDEX
ARTICLE TITLE PAGE
Preamble iii
I Purpose 1
II Recognition 2
III Employer Rights 3
IV Union Rights 4
V Scope of the Agreement 5
VI Probationary Periods b
VII Philosophy of Employment and Compensatian 7
VIII Hours of Work 8
IX Overtime 9
X Call Back 10
XI Work Location, Residency 11
XII Wages 12
XIII Fringe Benefits 14
XIV Selection of Foreman and General Foreman 15
XV Retirement 16
XVI Holidays 17
XVII Disciplinary Procedures 18
XVIII Absences From Work 19
XIX Seniority 20
XX Jurisdiction 21
XXI Separation 22
XXII Tools 23
XXIII Grievance Procedure 24
XXIV Right of Subcontract 29
XXV Non-discrimination 30
XXVI Severability 31
XXVII Waiver 32
XXVIII City Mileage Plan 33
XXIX Safety 34
XXX Legal Services • 35
XXXI Duration and Pledge 36
Appendix A A1
Appendix B B1
Appendix C C1
Appendix D D1
Appendix E E1
- ii -
P R E A M B L E
This AGREErIENT is entered into between the City of Saint Paul, herein-
after referred to as the EMPLOYER and the United Association Plumbers Local 34
hereinafter referred to as the UNION.
The EMPLOYER and the UNION concur that this AGREII�ENT has as its
objective the promotion of the responsibilities of the City of Saint Paul
for the benefit of the general public through effective labor-management
cooperation.
The II�LOYER and the UNION both realize that this goal depends not
only on the words in the AGREII�fENT but rather primarily on attitudes between
people at all levels of responsibility. Constructive attitudes of the II�LOYER,
the UNION, and the iadividual employees will best serve the needs of the
general public.
- iii -
, ARTICLE I - PURPOSE
1.1 The EMPLOYER and the UNION agree that the purpose for entering into
this 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-beir.g of
all concerned;
1.12 Set forth rates of pay, hours of work, and other
conditions of emgloyment as have been agreed upon
by the EMPLOYER and the INION;
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 EMPLOYER and the UNION agree that this AGREEMENT serves as a
supplement to legislation that creates and directs the F�IPLOYER. If
any part of this AGREEMENT is in conflict with such legislation, the
latter shall prevail. The parties, on written notice, agree to
negotiate that part in conflict so that it conforms to the 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 certified by the Bureau of Mediation Services in accordance with
Case No. 73-PR-527-A dated May 11, 1973.
2.2 The classes of positions recognized as beiag exclusively represented
by the UNION are as listed in Agpend� A.
- 2 -
ARTICLE III - EMPLOYER RIGHTS
3.1 The EMPLOYER retains the right to operate and manage all manpower,
facilities, and equipment; to establish functions and programs;
to set and amend budgets; to determine �he utilization of
technology; to establish and modify the organizational structure;
to select, direct, and determine the number of personnel; and to
perform any inherent managerial function not specifically limited
by this AGREEMENT.
3.2 Any "term or condition of employment" not established by this
AGREE:MENT shall remain with the II�PLOYER to elimina.te, modify, or
establish following written notification to the UI3ION.
- 3 -
ARTICLE IV - UNION RIGHTS
4.1 The EMPLOYER shall deduct from the wages of esployees 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 UNIO�.
4.11 The EMPLOYER shall not deduct dues from the wages
of employees covered by this AGREEMENT for any other
labor organization.
4.12 The UNION shall indemnify and save harmless the
EMPLOYER from any and all claims or charges made
against the II�LOYER as a result of the implementation
of this ARTICLE.
4.2 The UNION may designate one (1) employee from the bargaining unit to
act as a Steward and shall inform the II�LOYER in writing of such
designation. Such emplopee shall have the rights and responsibilities
as designated in Article 23 (GRTEVANCE PROCEDURE) .
4.3 Upon notification to a designa.ted EriPLOYER supervisor, the Business
Manager of the UNION, or his designated representative shall be
permitted to enter the facilities of the II�LOYER where employees
covered by this AGREEMENT are working.
- 4 -
. ...r
ARTICLE V - SCOPE OF THE AGREEMENT
5.1 This AGREEMENT established the "terms and conditions of employmenC"
defined by M.S. 179.63, Subd. 18 for all employees exclusively
represented by the UNION. This AGREEMINT 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 All personnel, originally hired or rehired following separation, in
a regular employment status shall serve a six (6) month's probationary
period during �ahich 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 F.P�'LOYER
without appeal to the provisions of Article 23
(GRIEVANCE PROCEDURE) .
6.12 An employee terminated during the probationary period
shall receive a written notice of the reason(s) for
such termination, a copy of which shall be sent to
the UNION.
6.2 All personnel promoted to a higher class of positions shall serve a six
(6) months' promotional probationary period during which time the employee's
fitness and ability to perform the class of positions' duties and respansi-
bilities shall be evaluated.
6.21 At any time during the pro�notional probationary period
an employee may be demoted to the employee's previously
held class of positions at the discretion of the
EMPLOYER without appeal to the provisions of Article 23
(GRIEVANCE PROCEDURE) .
6.22 An employee demoted during the promotional probationary
period shall be returned to the employee's previously
held class of positions and shall receive a written
notice of the reasons for demotion, a copy of which
shall be sent to the UNION.
- 6 -
ARTICLE VII - PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The EMPLOYER and the UNION are in full agreement that the philosophy
of employ�ent and comgensation shall be a "cash" hourly F1age and
"industry" fringe benefit system. �
7.2 The EMPLOYER sha.11 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
earne8 by an employee except as specifically provided for in this
AGREEMENT; except those employees who have individually optioned
to be "grandfathered" as provided by 12,2.
- 7 -
. ARTICLE VIII - HOURS OF WOR&
8.1 The normal work day sha.11 be eight (8) consecutive hours per day,
excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m.
and 5:30 p.m.
8.2 The normal work week shall be five (5) consecutive normal work days
Monday through Friday.
8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER'S
judgment to establish second and third shifts or a work week of other
than Monday through Friday, the UNION agrees to enter into negotiations
immediately to establish the conditions of such shifts and/or work weeks.
8.4 This section shall not be construed as, and is not a guarantee of, any
hours of work per normal work day or per normal work week.
8.5 All employees shall be at the I.ocation designated by their supervisor,
ready for work, at the established starting time and shall remain at an
assigned work location until the end of the established work day unless
otherwise directed by their supervisor.
8.6 All employees are sub�ect to call-back by the II�PLOYER as provided by
Article 10 (CALL BACK} .
8.7 Employees reporting for work at the established starting time and for
.
whom no work is available shall receive pay for two (2) hours, at the
taasic hourly rate, unless notification has been given not to report for
work prior to leaving home, or during the previous work day.
- 8 -
ARTICLE IX - OVERTIME
9.1 Time on the payroll in excess of the normal hours set forth above
shall be "overtime work" and shall be done only by order of th�
head of the department. An employee shall be recompensed for work
done in excess of the normal hours by being granted compensatory
time on a time-and-one-half basis or by being paid on a time-and-
one-half basis for such overtime work. The basis on which such
overtime shall be paid shall be determined solely by the II�LOYER.
9.2 The rate of one and one-half (1 1/2) the basic hourly rate shall be the
overtime rate for work performed under the following circumstances:
.
9.21 Time worked in excess af eight (8) hours in
any one normal work day and;
9.22 Time worked on a sixth (6th) day following a
normal work week.
9.3 The rate of two (2) times the basic hourly rate shall be the overtime
rate for work performed under the following circumstances:
9.31 Ti.me worked on a holiday as defiaed in
Article 16 - (HOLIDAYS) ;
9.32 Time worked on a seventh (7th) day folloy,�ing
a normal work week; and
9.33 Time worked in excess of twelve (12) consecutive
hours in a twenty-four (24) hour period, provjded, •
that all "emergency" work required by "Acts of God"
shall be compensated at the rate of one and one-half (1 1/2) .
9.4 For the purpose of calculating ov.ertime compensation overtime hours
worked shall not be "pyramided", compounded, or paid twice for the
same hours worked.
_ o _
� ARTICLE X - CALL BACK
10.1 The EMPLOYER retains the right to call back employees before an
e�ployee has started a normal work day or normal work week and
after an employee has completed a normal work day or normal work
week.
10.2 Employees called back shall receive a ninimum of four (4) hours
pay at the basic hourly rate.
10.3 The hours worked based on a call-back shall be compensated in
accordance with Article 9 (OVERTIME) , when applicable, and subj�ct
to the minimum established by 10.2 above.
10.4 Employees called back four (4) hours or less prior to their normal
work day shall complete the normal work day and be compensated only
for the overtime hours worked in accordance with Article 9 (OVERTIME} .
'
- 10 -
ARTICLE XI - WORK LOCATION, RESIDENCY
11.1 Employees shall report to work location as assigned by a designated
II�LOYER supervisor. During the normal work day esployees may be -
assigned to other work locations at the discretion of the EMPLOYER.
11.2 Employees assigned to work locations during the normal work day,
other than their original assig�ent, and who are required to furnish
their own transportation shall be compensated for mileage.
11.3 The resvlution pertaining to residency approved July 26, I979, under
Council File No. 273378 shall apply to all eaployees covered by this
AGREII�NT.
- 11 -
ARTICLE XII - WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be
paid for all hours worked by an employee.
12.2 Employees who are covered by the fringe benefits listed below shall
continue to be covered by such benefits. They shall be sub�ect to
all other provisions of the AGREEMENT, but shall not have hourly
fringe benef it contributions and/or deductions made on their 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.
12.23 Vacation as established in Section 1 H of the Salary Plan and
Rates of Co�pensation Resolution (6446), however, employees
in this bargaining unit, except Water Meter Serviceaan,
covered 1iy this vacation provision, shall be granted vacation
at the rate of 160 hours in each calendar year. Employees
working in the class vf Water Meter Serviceman shall be
covered by the vacation scheduled as stated in Section 1 H
of t�e Salary Plan and Rates of Compensation (6446) .
12.24 Nine (9}._ legal holidays as established by Resolution No.
6446, Section 1, Subdividion I.
12.25 Severence benefits as establisfied by Ordinance No. 11490
with a ma��imum payment of $4,Q00.
12.26 The F1�IPLOYER will £or the period of this AGREEMENT provide
for employees working under the title of Water Meter Service-
man who retire after the time of execution of this AGREEMENT �
or who have retired since Septenber I, 19i4, and until suc�:
employees reach sixty-f ive (65)_ years of age such health
insurance tienef its as are provided by the F.�'�LOYER.
- 12 -
ARTICLE XII - WAGES (continued)
12.27 In order to be eligible for the benefits under the provision
of 12.26 the employee must:
12.27.1 Be receiving benefits from a pubZic employee
retiree act at the time of retirement.
12.27.2 Ha.ve 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
� Saiat 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 employees not covered by the fringe benefits listed in Article 12.2
shall be considered, for the purposes of this AGREEMENT, participatin�
employees and shall be compensated in accordance with Article 12.1 (WAGES)
and have fringe benefit conCributions and/or deductions made on their behalf
as provided for by Article 13 (FRINGE BENEFITS).
12.4 Provisional, temporary, and emergency employees shall be considered, for the
purposes of this AGREEMENT, participating employees and shall be compensated
in accordance with Article 12.1 (WAGES) and have fringe benefit contributions '
and/or deductions made in their 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 tfiis 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 grovided for by
Article 13 (FRINGE BENEFITS) .
12.6 The provision of Article 12.5 shall not apply to employees working under
the title of Water Meter Serviceman.
- 13 -
ARTICLE XIII - FRINGE BENEFITS
13.1 The EMPLOYER shall make contributions on behalf of and/or make
deductions fron the wages of employees covered by this AGREEMENT
in accordance with Apgendix D for all hours worked.
- 14 -
' ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAr1
14.1 The selection of personnel for the class of position Plumber
Foreman shall remain solely with the II�LOYER.
14.2 The class of position Plumber Foreman shall be filled by employees
of the bargaining unit on a "temporary assignment".
14.3 All "temporary assignments" shall be made only at the direction of a
designated EMPLOYER supervisor.
14.4 Such "temporary assig�ents" shall be made only in cases where the
class of positions is vacant for more than one (1) normal work day.
- 15 -
ARTICLE XV - RETIREMENT
15.1 All employees shall retire from employment with the EMPLOYER no
later than the last calendar day of the month in which an employee
becomes sixty-five (65) years old.
- 16 -
ARTICLE k'VI - HOLIDAYS
16.1 The following nine (9) days shall be designated as holidays:
New Year's Day, January 1
Presidents' Day, Third Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, first Monday in September
Columbus Day, second Monday in October �
Veteran's Day, November 11
Thanksgiving Day, fourth Thursday in Nove�ber
Christmas Day, December 25
16.2 When New Year's Day, Independence Day or Christmas Day falls on a
Sunday, the following Monday shall be considered the designated holiday.
When any af these three (3) holidays falls on a Saturday, the preceding
Fridaq shall be considered the designated holiday.
16.3 The nine (9) holidays sha11 be considered non work days.
16.4 If, in the �udgment of the F.NII'LOYER, personnel are necessary for
operating or emergency reasons, employees ma.y be scheduled or
rrcalled back" in accordance with Article 10 (CALL BACK} .
16.5 Employees working on a designated holiday shall be compensated at the
rate of two (2) times the basic hourly rate for all hours worked.
- 17 -
� ARTICLE XVII - DISCIPLINARY PROCEDURES �
I7.1 The EMPLOYER shall have the right to impose disciplinary actions on
employees for just cause.
17.2 Disciplinary actions by the EMPLOYER shall include only the following
actions:
17.21 Oral reprimand.
17.22 Written reprima.nd.
17.23 Suspension.
17.24 Demotion.
17.25 Discharge.
17.3 Employees who are suspended, demoted, or discharged shall have the
right to request that such actions be reviewed by the Civil Service
Commission or a designated Board of Review. The Civil Service Commission,
� or a designated Board of Review, shall be the soZe and exclusive means
of reviewing a suspension, demotion, or discharge. No appeal of a
suspension, demotion, or discharge shall be considered a "grievance"
for the purpose of processing through the provisions of Article 23
(GRIEVANCE PROCEDURE) .
- 18 -
� ARTICLE XVIII - ABSENCES FROM WORK
18.1 Employees who are una,ble to report for their normal work day have
the responsibility to notify their supervisor of such absence as
soon as possible, but in no event later than the beginning of such
work day.
18.2 Failure to make such notification may be grounds for discipli,ne as
provided in Article 17 (DISCIPLINARY PROCEDURES) .
18.3 Failure to report for work without notif ication for three (3)
consecutive normal work days may be considered a "quit" by the
II�LOYER on the part of the employee.
- 19 -
ARTICLE XIX - SENIORITY
19.1 Seniority, for the purposes of this AGREEMENT, shall be defined as
follows:
19.11 "rlaster Seniority" - The length of continuous regular
and probationary service with the EMPLOYER from the
last date of employment in any and a11 class titles
covered by this AGREEMENT.
19.12 "Class Seniority" - The length of continuous regular
and probationary service with the ENiPLOYER from the
date an employee was first appointed to a class title
covered by this AGREIIKENT.
19.2 Seniority sha.11 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 iJNION,
19.3 Seniority shall terraina.te when an employee retires, resigns, or is
discharged.
19.4 In the event it is determined by the IIKPLOYER that it is necessary to
reduce the work force employees will be laid off by class title within
each Department based on inverse length of "Class Seniority". EmpZoyees
laid off shall have the right to reinstatement in any lower-paid class
title, provided, employee has greater "Master Seniority" than the
employee being replaced.
19.5 The selection of vacation periods shall be made by class title based on
length of "Class Seniority", subject to the approval of the II�IPLOYER.
- 20 -
ARTICLE XX - JURISDICTION
20.1 Disputes concerning work jurisdiction between and among unions is
recognized as an appropriate subject to determination by the various
unions representing employees of the EIKPLOYER.
20.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction
by any mutual agreements between the unions involved.
20.3 In the event of a dispute concerning the performance or assignment of
work, the unions involved and the II�LOYER shall meet as soon as mutualZy
possible to resolve the dispute. Nothing in the foregoing shall restrict
the right of the EMPLOYER to accomplish the work as originally assigned
pending resolution of the dispute or to restrict the EI�LOYER'S basic
right to assign work.
20.4 Any employee refusing to perform work assigned by the EMPLOYER and as
clarified by Sections 20.2 and 20.3 above shall be subject to disciplina.ry
action as provided in Article. l7 (DISCIPLINARY PROCEDURES) .
20.5 There sha11 be no work stoppage, slow down, or any disruption of work
resulting from a work assignment.
- 21 -
ARTICLE XXI - SEPARATION
21.1 Employees having a probationary or regular employment status shall
be considered separated from employment based on the following
actions:
21.11 Resignation. Employees resigning from employment
shall give written notice fourteen (I4) calendar
days prior to the effective date of the resigna.tion.
21.12 Retirement. As provided in Article 15.
21.13 Discharge. As provided in Article 17.
21.14 Failure to Report for Duty. As provided in Article 18.
21.2 Employees having an emergenc�, temporary, or provisional employment
status may be termina.ted at the discretion of the II�LOYER before the
completion of a normal work day.
- 22 -
ARTICLE XXII - TOOLS �
22.1 Al1 employees sha.11 personally provide themselves with the tools
of the trade as listed in Appendix B.
.
- 23 -
ARTICLE XXIII - GRIEVANCE PROCEDURE
23.1 The EMPLOYER shall recognize Stewards selected in accordance with UNION
rules and regulations as the grievance representative of the bargaining
unit. The UNION shall notify the EMPLOYER in writing of the names of
the Stewards and of their successors when so named.
23.2 It is recognized and accepted by the EMPLOYER and the UNION that the
processing of grievances as hereinafter provided is limited by the �ob
duties and responsibilities of the e�ployees and shall therefore be
accomplished during working hours only when consistent with such employee
duties and responsibilitfes. The Steward involved and a grieving employee
shall suffer no loss in pay when a grievance is processed during working
hours, provided, the Steward and the employee have notified and received
the approval of their supervisor to be absent to process a grievance and
tha,t such absence would not be detrimental to the work programs of the
II�4PLOYER.
23.3 The procedure established by this ARTICLE shall be the sole and exclusive
proce.d.ure, except for the appeal of disciplinary action as provided by
17.3, for the processing of grievances, which are defined as an allege@
violation of the terms and conditions of this AGREEMENT.
23.4 Grievances shall be resolved in conforma.nce with the following procedure:
Step 1. Upon the occurrence of an alleged violation of this
AGREEMENT, the employee involved shall attempt to
resolve ti�e matter on an informal basis with the
employee's supervisor. If the matter is not resolved
- 24 -
ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
to the employee's satisfaction by the informal discussion
it may be reduced to writing and referred to Step 2 by
the UNION. The written grievance shall set forth the
nature of the grievance, the facts on which it is based,
the alleged section(s) of the AGREEMENT violated, and
the relief requested. Any alleged violation of the
AGitEEriENT not reduced to writing by the WION within
seven (7) calendar days of the first occurrence of the
event giving rise to the grievance or within the use of
reasonable diligence should have had knowledge of the
first occurrence of the event giving rise to the grievance,
shall be considered waived. �
Setp 2. Within seven (7) calendar days after receiving the writtea
grievance a designated II�LOYER supervisor shall meet with
the UNION Steward and attempt to resolve the grievance. If,
as a result of this meeting, the grievance remains unresolved,
the EMPLOYER sha.11 reply in writing to the UNION withia three
(3) calendar days following this meeting. The UNION may refer
the grievance in writing to Step 3 within seven (7) calendar
days following receipt of the EMPLOYER'S written answer. Any
grievance not referred in writing by the UIVION within seven (7}
calendar days following receipt of the II�LQYER'S answer shall
be considered waived.
- 25 -
.,,...
� ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
Step 3. Within seven (7) calendar days following receipt of a
grievance referred from Step 2 a designated II�LOYER
supervisor shall meet with the UNION Business Manager
or his designa.ted representative and attempt to resolve
the grievance. Within seven (7) calendar days following
this meeting the �LOYER shall reply in writing to the
UNION stating the IIKPLOYER'S answer concerning the
grievance. If, as a result of the written response
the grievance remains unresolved, the UNION may ref er
the grievance to Step 4. Any grievance not referred to
in writing by the UNION to Step 4 within seven (7)
calendar days folTowing receipt of the II�LOYER'S
answer shall be considered waived.
Step 4. If the grievance remains unresolved, the UNION may
within seven (7) calendar days after the response of
the FMPLOYER in Step 3, by written notice to the
EMPLOYER, request arbitratian of the grievance. The
arbitration proceedin�gs shall be conducted by an
arbitrator to be selected by mutual agreement of the
II�ZPLOYER and the UNION witfiin seven (.7) calendar days
after notice has been given. If the parties fail to
mutually agree upon an arbitrator within the said
seven (.7)_ day period, either party may request the
Public Employment Relations Board to submit a panel
of five (5) arbitrators. Both the IIKPLOYER and the
- 26 -
ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
UNION shall have the right to strike two (2)
names from the panel. The UNION shall strike
the first (lst) name; the EMPLOYER shaZl then
strike one (1) name. The process will be
repeated aad the remaining person shall be the
arbitrator.
23.5 The arbitrator shall have no right to amend, modify, nullify, ignore,
add to, or subtract from the provisions of this AGREII�TTT. The
arbitrator shall consider and decide only the specific issue submitted
in writing by the EMPLOYER and the UNION and shall have no authority
to make a decision on any other issue not so submitted. The arbitrator
shall be without power to make decisions contrary to or inconsistent with
or modifying or varying in any way the application of laws, rules or
regulations having the force and effect of law. The arbitrator's
decision shall be submitted in writing within thirty (30) days following
close of the hearing or the submission of briefs by the parties, whichever
be later, unless the parties agree to an extension. The decision shall
be based solely on the arbftrator's interpretation or application of the
express terms of this AGREEMENT and to the facts of the grievance
presented. The decision of the arbitrator shall be final and binding
on the II�LOYER, the UNION and the employees.
.
- 27 -
ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
23.6 The fees and expenses for the arbitrator's services and proceedings
shall be borne equally by the IIKPLOYER and the UNION, provided that
each party shall be ,responsible for compensating its own representative
and witnesses. If either party desires a verbatim rscord 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 EI�LOYER and the UNION.
- 28 -
ARTICLE XXIV - RIGHT OF SUBCONTRACT
24.1 The EMPLOYER may, at any time during the duration of this AGREEMENT,
contract out work done by the employees covered by this AGREEMENT.
In the event that such contracting would result in a reduction of
the work force covered by this AGREEMENT, the EMPLOYER shall give
the UNION a ninety (90) calendar day notice of the intention to
sub-contract.
24.2 The sub-contracting of work done by the employees covered by this
AGREEMENT shall in all cases be made only to employers who qualify
in accordance with Ordinance No. 14013.
. - 29 -
� , ARTICLE XXV - NON-DISCRIMIh'ATION
25.1 The terms and conditions of this AGREEMENT will be applied to
employees equally without regard to, or discrimination for or
against, any individual because of race, color, creed, sex,
age, or because of inembership or non-membership in the UNION.
25.2 Employees will perform their duties and responsibilities in a
non-discriminatory manner as such duties and responsibilities
involve other employees and the general public.
.
- 30 -
ARTICLE XXVI - SEVERABILITY
26.1 In the event that any provision(s) of this AGREEMENT is declared
to be contrary to law by proper legislative, administrative, or
judicial authority from whose finding, determination, or decree
no appeal is taken, such provision(s) shall be voided. All other
provisions shall continue in full force and effect.
26.2 The parties agree to, upon written notice, enter into negotiations
to place the voided provisions of the AGREEMENT in compliance
with the legislative, administrative, or judicial determination.
- 31 -
ARTICLE XXVII - WAIVER
27.1 The EMPLOYER and the UNION acknowledge that during the �eeting
and negotiating which resulted in this AGREEMENT, each had the
right and opportunity to make proposals caith respect to any
subject concerning the terms and conditions of employment. The
agreements and understandings reached by the parties after the
exercise of this right are fully and completely set forth in
this AGREEMENT.
27.2 Therefore, the EMPLOYER and the UNION for the duration of this
AGREEMENT agree that the oth�r partq shall not be obligated to
meet and negotiate over any term or conditions of employment
whether specifically covered or not specifically covered by this
AGREEMENT. The UNION and EMPLOYER may, howevar, mutually agree
to modify any provision of this AGREEMENT.
27.3 Any and all prior ordinances, agreements, resolutions, practices,
policiES, and rules or regulations regarding the terms and
conditions of employment, to the extent they are incansistent
with this AGREEMENT, are hereby superseded.
- 32 -
ARTICLE XXVIII - CITY MILEAGE
28.1 Automobile Rei.mbursement Authorized: Pursuant to Chapter 33 of the
Saint Paul Ad�inistrative 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, all
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 employee 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 employee's position.
In addition, the employee shall be reimbursed 15� per mile for each
mile actually driven.
If such employee is required to drive an automobile during employment a.nd
the department head or designated representative determines that an
employer vehicle is available for the employee's use but the employee .
desires to use his/her own automobile, then the employee shall be reim-
bursed at the rate of 15� per mile driven and shall not be eligible
for any per diem.
Type 2. If an employee is required to use his/her own automobile
REGULARLY during e�ployment, the employee shall be reimbursed at the
rate of $3.00 per day for each day of work. In addition, the emplayee
shall be reimbursed 15� per miZe for each mile actually driven. ,
If such employee is required to•drive an automobile during emgloyment
and the department head or designated representative determines that
an employer vehicle is available for the employee's use but the employee
desires to use his/her own automobile, then the employee shall be reim-
bursed at the rate of 15� per mile driven and shall not be eligible for
any per diem.
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 gersonal car available for City business.
Such parking will be provided only for the days the employee is required
to have hig or her own personal car available.
28.4 Rules and Regulationst The Ma.yor 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 �riven, and further
require that they maintain automobile liability insurance in amounts of
not less than $100,000/$300,000 for personal injury, and $25,000 for
property damage, or liability insurance in amounts not less than $300,000
single limit coveraga, with the City of Saint Paul named as an additior.a�.
insured. These rules and regulations, together with the amendment thereto,
shall be maintained on file with the city clerk.
- 33 -
�
ARTICLE XXIX - SAFETY
29.1 Accident and injury free operations shall be the goal of the F,MPLOYER
and II�FLOYEES. To this end the EMPLOYER and II�PLOYEE will, to the
best of their ability abide by, and live up to the requirements of
the several State and Federal Construction Safety Codes and Regulations.
29.2 To this end the EMPLOYER shall from time to time issue rules or
notices to his ENIPLOYEES regarding on the job safety requirements.
Any E1�LOYEE violating such rules or notices shall be sub�ect to
disciplinary action. No II�LOYEE ma.y be discharge for refusing to
work under unsafe conditions.
29.3 Such safety equipment as required by goverrnnental regulations, shall
be provided without cost to the II�IPLOYEE. At the II�iPLOYER'S option,
the EI�LOYEES may be required to sign for safety equipment and sha.11
be obligated to return same upon discharge, layoff, quit or other
termination in comparable condition as when issued, providing reason-
able wear and tear. The EMPLOYER shall have the right to withho].d
the cost of such saf ety equipment if not returned.
29.3 The II�LOYER agrees to pay $1Q.00 toward the cost of each pair of safety
shoes purchased by an II�LOYEE that is a member of this unit. The F1�fPL0YER
shall contribute for the cost of two pair of shoes per year and shall not
be responsible for any additional cost for any additional shoes therea€ter.
This reimbursement of $1Q.00 per pair of shoes shal.I. be made only after
investigation and approval by the immediate supervisor of that employee.
This $10.00 per pair of shoes contribution to be made by the F�lPLQYER � -
shall apply to those employees who must wear protective shoes or boots
for their employment.
- 34 -
ARTICLE XXX - LEGAL SERVICES
30.1 Except in the case of malfeasance in office or willful or wanton neglect
of duty, the Er1PL0YER sha.11 defend, save harmless and indemnify an employee
and/or his estate against any claim or demand, whether groundless or
otherwise, arising out of an alleged act or omission in the operation of
a city-owned motor vehicle occurring in the performance and scope of the
employee's duties.
- 35 -
� �
ARTICLE XXXI - DURATION AND PLEDGE
31.1 This AGREEMENT shall become eff ective as of the date of signing,
except as specifically provided otherwise in Articles 12 and 13,
and shall remain in effect through the 30th day of April, 1981,
and continue in effect from year to year thereafter unZess notice
to change or to terminate is given in the manner provided in 31.2.
31.2 If either party desires to termina.te or modify this AGREEMENT,
effective as of the date of expiration, the party wishing to modify
or terminate the AGREE�IENT shall give written notice to the other
party, not more than ninety (90) or less than sixty (60) calendar
days prior to the expiration date, provided, that the AGREEMENT
may only be so terminated or modified eff ective as of the expiration
date.
31.3 In consideration of the terms and conditions of employment establ.ished
by this AGREEMENT and the recognition that the GRIEVANCE PROCEDURE
herein established is the means by which grievances concerning its
application or interpretation tnay be peacefully resolved, the parties
hereby pledge tha.t during the term of the AGREEMENT:
31.31 The UNION and the employees will not engage in,
instigate, or condone any concerted action in
which employees fail to report for duty, willfully
absent themselves from work, stop work, slow down
their work, or absent themselves in wY�ole or part
from the full, faithful performance of their duties
of employment. - .
- 36 -
ARTICLE XXXXI - DURATION AND PLEDGE (continued)
31.32 The E�iPLOYER will not engage in, instigate, or
condone any lock-out of employees.
31.33 This constitutes a tentative agreement between
the parties which will be recommended by the City
Negotiator, but is subject to the approval of the
Administration of the City, and is also
sub3ect to ratification by the UNION.
AGREED to this 25th �y of July , 1980, anct attested to as the full
and complete understanding of the parties for the period of time herein speci-
fied by the signa�ure of the following representative for the EMPLOYER and the
UNION:
WITNESSES:
CITY OF SAINT PAUL UNITED ASSOCIATION PLUMBERS LOCAL 34
. . �% 7
La or Re ations D tor Bu 'ness Manager
Civil Service Commission
- 37 -
APPENDIX A
The classes of positions recognized by the II�LOYER as being
exclusively represented by the UNION are as follows:
Plumber-Foreman
Apprentice
Plumber
Senior Plumbing Inspector
Plumbing Inspector
Plumbing Inspector--Water Department
Water Meter Serviceman
and other classes of positions that may be established by the EMPLOYER
where the duties and responsibilities assigned comes within the
�urisdiction of the UNION.
.
- A1 -
APPENDIX C
The basic hourly wage rate for porvisional, regular and grobationary
employees appointed to the following classes of positions and not receiving
the fringe benefits listed in Article 12.2 shall be:
Effective
6-01-80
Plumber . . . . . . . . . . . . . . . . . $12.81
Plumber-Foreman . . . . . . . . . . . . . . . $13.96
Plumbing Inspector. . . . . . . . . . . . . . $13.96
Plumbing-Inspector-Water Department . . . . . $I3.96
Senior Plumbing Inspector . . . . . . . . . $14.73
The basic hourly wage rate for temporary and emergency employees
appointed to the following classes o£ positions shall be:
Effective
6-01-80
Plumber . . . . . . . . . . . . . . . . . . . $13.32
Plumber-Forema.n . . . . . . . . . . . . . . $14.52
Plumbing Inspector. . . . . . . . . . . . . . $14.52
Plumbing Inspector-Water Department . . . . . $14.32
Senior Plumbing Inspector . . . . . . . . . . $15.32
Apprentice
0 - 6 months . . . . . . . . 50% of Pltunber rate
7 - 12 months. . . . . . . . 55% of Plumber rate
13 - 18 months. . . . . . . . 60% of Plumber rate
19 - 24 months. . . . . . . . 65f of Plumber rate
25 - 30 months. . . . . . . . 70% of Plumber rate
31 - 36 months. . . . . . . . 75% of Plumber rate
37 - 42 months. . . . . . . . 80% of Plumber rate
43 - 48 months. . . . . . . . 85% of Plumber rate
49 - 54 months. . . . . . . . RO% of PZumber rate
55 - 60 months. . . . . . . 95% of PZumber rate
- C1 -
- .,,,..
APPENDIX C (continued�.
The basic hourly wage rate for regular employees appoinLed to the
following classes of positions who are receiving the fringe benef its listed
in Article 12.2 shall be:
Effective
6-01-80
Plumber . . . . . . . . . . . . . . . . . . . $13.06
Plumber-Foreman . . . . . . . . . . . . . . . $14.06
Plumbing Inspector. . . . . . . . . . . . . . $14.06
Plumbing Inspector-Water Department . . . . . $14.06
Senior Plumbing Inspector . . . . . . . . . . $14.72
The basic hourly wage rate for the class of Water Meter Service,�uan
shall be:
Effective
6-01-80
0 - 6 months of continuous service $9.30
Af ter completion of 6 months of $9.58
continuous service
- C2 -
., .. .
� • APPENDIX D .
Effective June 1, 1980, the II�'LOYER shall:
(1) contribute $1.52 per hour from which payroll deductions have
been made for all hours worked by participating employees as
defined in Articles 12.3, 12.4 and 12.5 of this AGREII�NT,
to a UNION designated Credit Union.
(2) contribute $ .70 per hour for all hours worked by participating
employees as def ined in Articles 12.3, 12.4 and 12.5 of this
AGREEMENT, to the Health and Welfare Fund.
(3) contribute $ .63 per hour for all houxs worked by partici-
pating employees as defined in Articles 12.3, ].2.4 and 12.5
of this AGREEMENT, to the Pension Fund.
(4) contribute $ .09 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 of this
AGREEMENT, to the Journeyman and Apprenticeship Training Fund.
(5) contribute $ .O1 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and I2.5 of this
AGREF�IENT to the Jury Duty Fund.
Al1 contributions ma.de in accordance with this Appendix shall be forwarded ta
the Twin Cit� Pipe Traders Service Association.
The Employer shall establish Worl�an's Compensation and Unemployment Compensation
programs as required by Minnesota Statutes.
The F,MPLOYER'S fringe benefit obligation to participating employees as defined
in Articles 12.3, 12.4 and 12.5 is limited to the contributions and/or deductians
established by this AGREEMENT. The actual level of benefits provided to employees
sha11 be the responsibility of the Trustees of the various funds to which �he
EMPLOYER has forwarded contributions and/or deductions.
- D1 -
APPE�DIX E
WORKING CONDITIONS FOR SENIOR PLUrIDI�G INSPECTORS
AND PLUMBING INSPECTORS
As a result of the 1974 settlement, the Parties have established craft-determined
rates for Senior Plumbing Inspectors and for Plumbing Inspectors, with the specific
understanding that such agreement is restricted to established rates of pay for
such class.ifications.
It is, consequently, agreed that the Employer in applying Part 3. II�LOYER RIGHTS -
of the MAINTENANCE LABOR AGREEMENT, shall have the right to operate the Department
in the same manner as heretofore, with management rights unaffected, and that the
establishment of separate rates for these classifications as well as for Inspector
classifications in other Bargaining Units, may not result in disputes over assign-
ments or over rates of pay for work performed, nor wiZl any jurisdictional claims
or restrictions be asserted by the Union because members of various Inspector classi-
fications are assigned to work which is also performed by other Inspector classi-
fications.
- El -
--� � �j T�,� '�S.Y� �,E 5. i�.�i r� ..��t'. U L � �
r •�_ {
� ~ ���v �'�`..' .
E•� ��'FX"3f, L�F rJ..•i:��. t i�r.�� �i�l��.r.�r�
1�/ ,;`� L'1'�����j�
; �� ��; - et �• � �
��`� - .��.� Ua� e > August 21 , 1980
1 .1�`_�-� .
CUC�� �� � � `� � � � �, � � �-� ��
�' 0 : �c��n� �'ca�! Ci�� ���sr��ii . � -�.
�� O � � C 0�!ifl!'���� O�'i FI NANCE, MANAGEMENT & PERSONNEt .
George P�cMahon ; G�iQiPii'1Qt1y mc�.tes ttte �vila�r��nc�
reporT� �n u. �. � C��di�°�c�r���
� . �$) � ��solufii�n
. . � ,� �1i�tet° �
� ���.� : �
, � �
At its meeting of August 21 , 1980, the Finance Committee recommended approval
- of the following: --
� 1 . Resolution allowing S�lective Clearance Program to be closed out in CD Year's III,
IV, and V and the Rice-Marion project to be completed in CD Year II. (11282-GM)
2. Resolution establishing title of Duplicating Shop Manager in Grade 32, Section 3.L
(Technical -Group) and class specifications in Sec. 32, Civi1 Service Rules. (11145-GM)
� 3.� aesolution establishing� title of Project� Management Technician in Grade 30; `
Section 3.L (Technical Group) and class :specification in Sec. 32, Civil - � �
Servace Rules. (11182-GM) :
4. Resolution approving 1980 Maintenance Labor Agreement between City and Sheet
Metal Workers Loca1 76. (11226-GM) - �
5. Resol.ution approving 1980 Maintenance Labor Agreement betwe.en City and
Pipefitters Local No. 455. (11227-G��}
l _
6. Resolution approving 1980 Agreement between City and Plumbers Local No. 34.
(11228-GM)
7. Resolution approving 1980-1981 Maintenance Labor Agreement between City and
Elevator Constructors, Loca1 No. 9. (11229-GP4)
8. Resolution abolishing title of Senior Mechanical Inspector and establishing new
titles of Senior Mechanical Inspectar-Sheet Metal and Senior Mechanical .
Inspector-Pipefitter. (11230-GM)
(CONTINUED)
�ITY c�Lt. S6�'EhTH FLOOR S:1I\Z PA.LFL, 1�II\ticSOT�1 S�,Q�
..4s _
. . .... '':.Y � .
Do nat detach this memorandum trom the
resolution so that this information wil! De �����
available to the City Councii. �
EXPLANATION OF ADMINISTRATIVE ORDERS,
RESOLUTIONS, AND ORDINANCES
Date: July 23, 1980 � E � E � `v E �
JUL 3 � 9��
T0: MAYOR GEORGE LATIMER � M/!►YOR�S .�
FR: Peraonnel 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 RAT�ONALE FOR THIS ACTION:
This Resolution approves the 1980 Agreement between the City and the Plumbers
Local No. 34.
The Agreements call for an increase of $1. 89 per hour. The hourly rate is increased
$1. 43 and the fringe benefits cost� are increased 46�.
The $1. 43 increase in total package is based on the outside Union Contract.
Other changes in this year�s �greement include a change in the vacation langua.ge
granting 20 days vacation to all employees except Water Meter Serviceman. Language
providing a reimbursement for safety shoes is also included,
The residency language has been deleted and replaced with the provisions of the curre nt
resolution regarding residency.
ATTACHIKENTS:
Resolution and copy for City Clerk, copy of Agreement.
_ CIT� CLER� _ _ _ __ __ __ �t��'���� _.
WHITE - CITY CLERK �
CANARY - DEPARTMENT � � COl1ISC1I Q� �
�BLUE - MAYOR � ITY OF SAINT . � AL7L File N0. U �i� �� �
Council Resolu�ion
Presented By
Referred To Committee_ Date
Out of Committee By Date
An administrative Resolution approving the terms and
conditions of the 1980 Maintenance Labor Agreements
between the City of 5t. Paul and the Plumbers Local
� No. 34.
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 Plumbers Local 34 as exclusive representative
for those classes of positions within the City of St. Paul certified by the Bureau
of Mediation Services under Case No. ?3-PR-527-A for the purpose of ineeting
and negotiating the terms and conditions of employment for personnel in the
classes of positions as set forth in the Agreement between the City and the
exclusive representative hereinabove referenced; and
WHEREAS, the City, through designated representatives, and the exelu-
sive representative have met in good faith and.negotiated the terms and conditians
of employment for the period June 1, 1980, through April 30, 1981, for such
personnel as are set forth in the Agreement between the Gity of St. Paul and the
exclusive representative; and
WHEREAS, the 1980 Agreement has �een reached which includes a wage
adjustment retroactive to June 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 Plumbers
Local 34, 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 Agreements on behalf of the City.
Approved:
�������'¢'
��
�, ,�
.�.I�, �
°" �` ��N(j Chairman, Civil Service Commission
COUIVCILMEN GE ��GfpH��. M"�, Requestgd by Department oE:
Yeas Hunt Nays ��UN pERSONNEL OFFICE
Levine �tl FBVOC
Maddox
McMahon B `"
snowa�ser _ Against Y
Tedesco
w�son
Form Approved by City Attarney
Adopted by Council: Date
Certified Passed by Council Secretary BY-
B� —
Approved by ltavor. Date Approved by Mayor Eor Submissiore to Council