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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 � � c 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 ' �-- � , . . �;a.a� � �� � ..;.. 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