275562 WHITE - GTV CLERK
PINK �-- FINANCE GITY OF SAINT PAITL Council ����t�"�
�.ANARV - DEPARTMENT
BLUE - MAVOR File NO.
/
uncil Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
An administrative Resolution approving the terms and
conditions of a 1980-1981 Maintenance Labor Agreement
between the City of St. Paul and the Elevator Constructors,
Local No. 9.
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 Elevator Constructors, Local
No. 9, 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-475-A for the purpose of ineeting and negotiating the
terms and conditions of employment for all full-time personnel in the
classes of positions as set forth in the Agreement between the City and
the exclusive representatives hereinabove referenced; and
WHEREAS, the City, through designated representatives, and the
exclusive representatives have met in good faith and negotiated the terms
and conditions of employment for the period of July 1, 1980, through July
7, 1982, for such personnel as are set forth in the Agreement between
the City of St. Paul and the exclusive repre sentative s; and
WHEREAS, a 1980-1981 Agreement has been reached which includes
a wage adjustment retroactive to July 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 Sai.nt Paul
��C��'����
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OFFICE pE GEQR�� McNtAi�i�}IV -1 -
COUNCILMEN Requested by Department of:
Yeas Nays ,
C PERSONNEL OFFICE
In Favor
�
__ Against BY
Form Approved by City Attorney
Adopted by Council: Date —
Certified Yassed by Council Secretary BY
By,
�#pproved by IVlavor: Date _ Approved by Mayor for Submission to Council
By _ By
WHITE - CITY CLERK
PINK = FINANCE GITY OF SAINT F�AUL Council �j����
CANARY - DEPARTMENT / � $
BR.U E - M A V O R F I l e �O.
Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
- 2 -
and the Elevator Constructors, Local No. 9, on file in the office of
the City Clerk, is hereby approved, and the authorized administrative
officials of the City are hereby authorized and directed to execute said
Agreement on behalf of the City.
Approved:
�
Chairman
Civil Service Co ission
COU[VCILMEN Requested by Depactment of:
Yeas Hunt Nays �
Levine �-' E
In Favor
Maddox �
nn�t��t�o� __ Against BY —
Showalte
T escv
�ilsaa SEP 2 �980 Form proved b rne
Ad ted by Counc� : Date �
ertified . -ed by Cou t ry BY
t�p v lVlavor: D e 1���_ Ap by Mayor for ubmis ' `ouncil
Bv B _.
PU�..tSH�4 S E P 1 3 19�0 �
, ,.._
• ����'��
1980 - 1981
MAINTEN�ICE LABOR AGREEMENT
- taetween -
THE CIT'Y 0� SAINT PAUL
- and -
INTERNATIONAL UNION OF
ELEYATOR CONSTRUCTORS,
LOCAL 9
,
,�..
. I N D E X �����
ARTICLE TITLE PAGE
Preaznble iii
I Purpose 1
II Recognition 2
III Employer Rights 3
IV Union Rights 4
V Scope of Agreement 5
VI Probationary Periods 6
VII Philosophy of Employment and Co�pensation 7
VIII Hours of Work g
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 25
XV Retirement 16
XVI Holidays 17
XVII Disciplinary Procedures 18
XVYII Absences From Work 19
XIX Seniority 2p
XX Jurisdiction 2I
XXI Separation 22
XXII Tools 23
XXIZI Grievance Procedure 24
XXN Right of Subcontract 29
XXV Non-Discrimination 30
XXVI Severability 3�
XXVZI Waiver 32
XXVIII City Mileage Plan 33
XXIX Duration and Pledge 34
Appendix A A1
Appendix B BI
Appendix C Cl
- ii -
- � � a S���
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P R E A M B L E
This AGREEriENT is entered into between the City of Saint Paul,
hereinafter referred to as the II�4PLOYER and the Interna.tional L'nion of
i
Elevator Constructors, Local 9, hereinafter referred ta as the UNION.
The EMPLOYER and the UNION concur that this AGREEMENT has as its
objective the pramotion of the responsibilities of the City of Saint Paul
for the benefit of the general public through effective labor-m�nagement
cooperation.
The EMPLOYER and the UNION both realize that this goa]. depends
not only on the words in the AGREEMENT but rather primarily on attitudes
between people at all ievels of responsibility. Constructive attitudes of
the CITY, the UNION, and the individual employees will best serve the needs
of the general public.
- iii -
ARTICLE I - PURPOSE
1 .1 The EIrLPLOYER 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 ogerations
and the highest level of employee performance that
is consistent with the safety and well-being of
a11 concerned;
1.12 Set forth rates of pay, hours of work, and other
conditions of employment as have been agreed upon
by the EMPLOYER and the UNION;
1.13 Establish procedures to orderly and peacefully
resolve disputes as to the application of inter-
pretation of this AGREEMENT without loss of manpower
productivity.
1.2 The II�LOYER and the UNION agree that this AGREEMENT serves as a
supplement to legislation that creates and directs the �LOYER. If
any part of this AGREEMENT is in conflict with such legislation, the
latter sha.11 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 ail personne� having an
employment status of regular, probationary, provisional, te�porary,
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-475-A dated April 13, 1973.
2.2 The classes of positions recognized as being exclusively represented
by the UNION are as listed in Appendix A.
_ 2 _
ARTICLE III - EMPLOYER RIGHTS
3.1 The EMPLOYER retains tbe right to operate and m.anage alI manpower,
facilities, and equipmen�; to establish functions and programs;
to set and amend budgets; to determine the utilization of
technology; to establish and modify the organizationa.l structure;
to select, direct, and determine the number of personnel; and to
perform any inherent mana.gerial function not specifically limited
by this AGREEMENT.
3.2 Any "term or condition of employment" not established by this
AGREEMENT shall remain with the F.MPLOYER to eliminate, modify, or
establish following written notification to the UNIOIV.
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ARTICLE IV - UNION RIGHTS
4.1 The EMPLOYER shall deduct from the wages of employees who authorize
such a deduction in writing an amount necessary to cover monthly
UNION dues. Such monies deducted shall be remitted as directed by
the UNION.
4.11 The F�IPLOYER 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 a11 claims or charges made
against the EMPLOYER 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 F.MPLOYER in writing of such
designation. Such employee sha.11 have the rights and responsibilities
as designated in Article 23 (GRIEVANCE PROCEDURE) .
4.3 Upon notification to a designated II�LOYER supervisor, the Business
Manager of the UNION, or his designated representative sha11 be
permitted to enter the facilities of the F�'LOYER where e�ployees
covered by this AGREENiENT are working.
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�� �5
. �
� ARTICLE V - SCOPE OF THE AGREEMENT
5.1 This AGREEMENT establishes the "terms and conditions of employnent"
defined by M.S. 179.63, Subd. 18 for all employees exclusively
represented by the UNION. This AGREEMENT shall supersede such
"terms and conditions of employment" established by Civil Service
Rule, Council Ordinance, and Council Resolution.
- 5 -
ARTICLE VI - PROBATIONARY PERIODS
6.1 All personnel, originally hired or rehired following separation, in a
regular employment status shall serve a s� (6) month's probationary
period during which time the e�ployee's fitness and ability to perform
the class of positions' duties and responsibilities sha1Z be evaluated.
6.11 At any time during the probationary period an
employee may be terminated at the discretion of
�the F.MPLOYER 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) nonths' promotional probationary period during which time the employee's
f itness and ability to perform the class o€ positions' duties and responsi-
bilities shall be evaluated.
6.2.1 At any time during the promotional probationary period
an employee may be demoted to the employee's previously
held class of positions. at the discretion of the IIKPLOYER
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 sha.1Z receive a written notice of ___
the reasons for demotion, a copy of which shall be sent to
the UNION.
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R,,,..
ARTICLE VII - PHILOSOPHY OF F1�iPL0YMENT A1v'D CdMPENSATION
7.1 The EMPLOYER and the UNION are in full agreement that the philosophy
of employment and compensation shall be a "cash" hourly wage and
"industry" fringe benef it system.
7.2 The EMPLOYER shall compensate employees for all hours worked at the
basic hourly wage rate and hourly fringe benefit rate as found in
Article 12 (WAGES) and 13 (,FRZNGE BENEFITS} ,
7.3 No other compensation or fringe benef it shall be accunulated or
earned by an employee except as specif ically provided for in this
AGREEMENT; except those employees who have individual2y optioned
to be "grandfathered" as provided by 12.2.
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ARTICLE VIII - HOURS OF WORK
8.1 The normal work day shall be eight (8) consecutive hours per day,
excluding a thirty (30) �inute unpaid lunch period, between 7:00
a.m. and 5:30 p.m.
8.2 The normal work week shall be five (S) consecutive no�al work days
Monday through Friday.
8.3 If, during the term of this AGREEMENT, it is necessary in the II�LOYER'S
�udgment to establish second and third shifts or a work week of other than
Monday through Friday, the 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 location designated by their supervisor, ready
for work, at the established starting time and shall remain at an assigned
work location until the end of the established work day unless otherwise
directed by their supervisor.
8.6 All employees are subject to call-back by the II�'LOYER 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
basic hourly rate, unless notification has been given not to report for
work prior to leaving home, or during the previous work day.
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ARTICLE IX - OVERTIME
9.1 A1l overtime compensated for by the IIKPLOYER �ust receive prior authori-
zation from a designated EMPLOYER supervisor. No overtime work claim
will be honored for payment or credit unless approved in advance. An
overtine claim will not be honored, even though shown on the time card,
unless the required advar.ce approval has been obtained.
9.2 The overtime rate of one and one-half (1�) the basic hourly rate sha.11
be paid for work performed under the following circumstances:
9.21 Time worked in excess of 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 overtime rate of two (2) times the basic hourly rate shall be paid
for wark performed under the following circumstances:
9.31 Time worked on a holiday as def ined in Article 16
(HOLIDAYS);
9.32 Time worked on a seventh (7th) day following a
normal work week; and
9.33 Time worked in excess of twelve (12) consecutive
hours in a twenty-four (24) hour period, provided,
that all "emergency" work required by "Acts of God"
sha11 be compensated at the rate of one and one-half
(1�) •
9.4 For the purposes of calculating overtime compensation overtime hours
worked shall not be "pyramided", compounded, or paid twice for the same
hours worked.
9.5 Overtirie hours worked as provided by Chis ARTICLE shall be paid in cash.
- 9 -
,
ARTICLE X - CALL BACK
10.1 The EMPLCYER retains the right to call back employees before an
employee has started a normal work day or normal work week and
after an employee has completed a normal work day or norr�al work
week.
10.2 Employees called back shall receive a minimum of four (4) hours pay
at the basic hourly rate.
10.3 The hours worked based on a call-back shall be compensated in accordance
with Article 9 (OVERTIME) , when applicable, and subject to 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) .
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ARTICLE XI - WORK LOCATION, RESIDENCY
11.1 Employees sha11 report to work location as assigned by a designa,ted
F1��LOYER supervisor. During the normal work day employees may be
assigned to other work locations at the discretion of the II�PLOYER.
11.2 Employees assigned to work locations during the normal work day,
other than their original assignment, and who are required to €urnish
their own transportation shall be compensated far mileag�.
11.3 All employees appointed after January 1, 1976, would be required to
reside in the City of Saint Paul within one year of their appointment,
and thereaf ter would be required to remain within the City Iimits as
long as they were employed by the City of Saint Paul.
11.4 This residency requirement shall apply to unclassified employees as
well as classified employees.
11.5 Applicants for positions in the City of Saint PauZ will not be required
to be residents of the City of Saint Paul.
11.6 Employees failing to meet the residency requirement will be subject to
termination and a hearing process shall be established to determine
whether the residency requirement was met.
- 11 -
_
ARTICLE XII - WAGES
12.1 The basic hourly wage rates as established by Append� C shall be
paid for all hours worked by an employee.
12.2 Employees who are covered hy the fringe benefits listed below shaZl
continue to be covered by such benefits. They shall be subject to
all other provisions of the AGREEMENT, but shall not have hourly
fringe benefit contributions and/or deductions made on their behalf
as provided for by Article 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 35, Subdivision E.
12.23 Vacation as established by Resolution No. 6446,
Section 1, Subdivision F.
12.24 Nine (9) le�al holidays as established by Resolution
No. 6446, Section 1, Subdivision G.
12.25 Severance benefits as established by Ordinance N o.
11490 with a maximum payment of $4,000.
12.3 Regular employees employed prior to February 15, I974, and covered by
the fringe benefits listed in Article 12.2 shall be compensated in
accordance with Paragraph A of Appendix C.
12.4 Temporary and emergency employees shall be considered, for the purposes
of this AGREEMENT, participating employees and shall be compensated in
accordance with Paragraph B of Appendix C and shall not have any fringe
benefit contributions and/or deductions made in their behalf.
- 12 -
_ _
a ���-�c.�
ARTICLE XII - WAGES (continued)
12.5 All regular and provisional employees employed after February 15, 1974,
shall be considered, for the purpose of this AGREEriENT, participating
employees and shall be compensated in accordance with Paragraph C of
Appendix C and shall not have any fringe benefit contributions and/or
deductions made in their behalf.
- 13 -
ARTICLE XIII - FRI�'GE BENEFITS
13.1 The �1?PLOYER shall provide the fringe benefits listed in 12.2 only
to employees employed prior to February 15, 1974.
- 14 -
ARTICLE XIV - SELECTION OF FOREMAIv AIv7D GENERAL FOREr1AN
14.1 The selection of personnel for the class of position of Foreman
shall remain solely with the EMPLOYER.
I4.2 The class of position of Foreman shall be filled by employees of
the bargaining unit on a "temporary assignment".
14.3 A11 "temporary assignments" shall be made only at the direction of
a designated II�LOYER supervisor.
14.4 Such "temporary assigmnents" shall be made only in cases where the
class of positions is vacant for more than one (1� normal work day.
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ARTICLE XV - RETIREMENT
15.1 All employees shall retire from employment with the II�IPLOYER no later
than the last calendar day of the month in which an employee becomes
sixty-f ive (65) years old.
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ARTICLE XVI - HOLIDAYS
16.i The follo��ring nine (9) days shall be designated as holidays:
New Year's Day, January 1
President's Day, Third Monday in February
riemorial Day, last Monday in May
Independence Day, Juiy 4
Labor Day, first Monday in September
Columbus Day, second Monday in October
Veteran's Day, November 11
Thanksgiving Day, fourth Thursday in November
ChrisCmas 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 of these three (3) holidays falls on a Saturday, the preceding
Friday shall be considered the designated holiday.
16.3 The nine (9) holidays shall be considered non work days.
16.4 If, in the �udgment of the II�'LOYER, personnel are aecessary for
operating or emergency reasons, employees may be scheduled or "called
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 aII hours worked.
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ARTICLE XVII - DISCIPLINARY PROCEDURES -
17.1 The EMPLOYER shall ha.ve the rigfit to impose disciplinary actions on
employees for just cause.
17.2 Disciplinary actions by the IIKPLOYER shall include only the following
actions:
17.21 Oral reprimand
17.22. Written reprimand
17.23 Suspension
17.24 Demotion
17.25 Discharge
I7.3 Employees who are suspended, demoted, or discha.rge shall have the right
to request that such actions be reviewed by the CiviZ Service Commission
or a designated Board of Review. The Civil Service Commission, or a
designated Board of Review, shall be the sole and exclusive means of
reviewing a suspension, demotion, or discharge. No appeal of a suspension,
demotion, or discharge shall be considered a "grievance" for the purpose
of processing through the provisions of Article 23 (GRIEVANCE PROCEDURES) .
- 18 -
ARTICLE XVIII - ABSENCES FROM 470RK
18.1 Employees who are unable to report for their normal work day have
the responsibility to notify their supervisor of such absence as
soon as possible, but in no event later than the beginning of such
work day.
18.2 Failure to make such notification may be grounds for discipline
as provided in Article 17 (DISCIPLINARY PROCEDURES) .
18.3 Failure to report for work wiChout notification for three (3)
consecutive normal work days may be considered a "quit" by the
ENIPLOYER on the part of the employee.
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a� t ���l4�
ARTICLE XIX - SENIORITY
19.1 Seniority, for the purposes of this AGREE.MENT, shall be defined as
follows:
19.11 "Master Seniority" - the length of continuous regular
and probationary service with the II�IPLOYER from the
last date of employment in any and alI class titles
covered by this AGREENIENT.
19.12 "Class Seniority" - the length of continuous regular
and probationary service with the EMPLOYER from the
. date an employee was first appointed to a class titl.e
covered by this AGREEMENT.
19.2 Seniority shall not accumulate during an unpaid leave af 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 accepti an appointment to the unclassified service
of the EMPLOYER or to an elected or apgointed full-time position with
the UNION.
19.3 Seniority shall terminate when an employee retires, resigns, or is
discharged.
19.4 In the event it is determined by the II+�LOYER 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 "Cla.ss Seniority". Emplayees
laid off shall ha.ve the right to reinstatement in ang 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", sub�ect to the approval of the F1�LOYER.
, - 20 -
ARTICLE XX - JURISDICTION
20.1 Disputes concerning work jurisdiction between and aaong unions is
recognized as an appropriate subject for determinatian by the various
unions representing employees of the E�PLOYER.
20.2 The F�LOYER 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 ENIPLOYER shall meet as soon as mutually
possible to resolve the dispute. Nothing in the foregoing shall restrict
the right of the IIKPLOYER to accomplish the work as originally assigned
pending resolution of the dispute or to restrict the II�'LOYER'S basic
right to assign work.
20.4 Any employee refusing to perform work assigned by the II�LOYER and as
clarified by Sections 20.2 and 20.3 above shall be subject to disciplinary
action as provided in Article 17 (DISCIPLINARY PROCEDURES) .
20.5 There shall be no work stoppage, slow down, or any disruption of work
resulting from a work assigrmient.
- 21 -
ARTICLE XXI - SEPARATION
21.1 Employees having a probationary or regular empZoyment status shall
be considered separated from employment based on the following
actions:
21.11 Resignation. Employees resigning from employment
shall give written notice fourteen (14) calendar
days prior to the effective date of the resignation.
21.12 Retirement. As provided in Article 15.
21.13 Discharge. As provided in Article 17.
21.14 Failure to Re�art for Duty. As provided in Article 18.
21.2 Employees having an emergency, temporary, or provisional employment
status ma.y be terminated .at the discretion of the F.MPLOYER before the
completion of a normal work day.
- 22 -
ARTICLE XXII - TOOLS
22.1 All employees shall personally provide thenselves with the tools of
the trade as listed in Appendix B.
- 23 -
a`� ��
ARTICLE XXIII - GRIEVANCE PROCEDURE
23.1 The IIKPLOYER shall recognize stewards seZected in accordance with II;VION
rules and regulations as the grievance representative of the bargaining
unit. The UivION shall notify the E1�LOYER in writing of the names of
the stewards and of their successors when so named.
23.2 It is recognized and accepted by the II�lPLOYER and the UNION that the
processing of grievances as hereinafter provided is limited by the �ob
duties and responsibilities of the empioyees and sha1Z therefore be
accomplished during working hours only when consistent with such employee
• duties and responsibilities. The steward .invalved and a grieving
employee shall su£fer no loss in pay when a grievance is processed
during warking hours, provided, the steward and the employee have
notified and received the approval of thei,r sugervisor to be absent to
process a grievance and that such absence would not be detrimental to
the work programs of the II�II'LOYER.
23.3 The procedure established by this ARTICLE shall be tfie sole and exclusive
procedure, except for the appeal of disciplina.ry action as provided by
17.3, for the processing of grievances, which are defined as an alleged
violation of the terms and conditions of this AGREEMEI�IT.
23.4 Grievances shall be resolved in conformance witIi the following procedure:
Steg 1. Upon the occurrence of an alleged violation of this
AGREEMENT, the employee involved. shall attempt to resolve
the matter on an informal basis with the employee's
supervisor. If the matter is not resolved to the =
- 24 -
....._
ARTICLE XXIII - GRIES7ANCE PROCEDURE (continued)
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 AGREII�IENT violated, and the
relief requested. Any alleged violation of the AGREE-
MENT not reduced to writing by the INION 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.
Step 2. Within seven (7) calendar days after receiving
the written grievance a designated EMPLOYER 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 II�LOYER shall reply
in writing to the UNION within three (3) calendar days
following this meeting. The UNION may refer the
grievance in writing to Step 3 within seven (7) -
calendar days following receipt of the II�LOI�ER'S
written answer. Any grievance not referred in
writing by the iNION within seven (7) calendar
days following receipt of the II�9.'LOYER'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 designated representative and attempt to resolve the
grievance. Within seven (7) calendar days following this
meeting the EMPLOYER sha.11 reply in writing to the UNION
stating the II�LOYER'S answer concerning the grievance.
If, as a result of the written response the grievance remains
unresolved, the IlNION may refer the grievance to Step 4.
Any grievance not referred to in writing by the UNION to
Step 4 within seven (7) calendar days following receipt of
the EMPLOYER'S answer shall be considered waived.
Step 4. If the grievance remains unresolved, the UNION
may within seven (7) calendar days after the respanse of
the EMPLOYER in Step 3, by written notice to the IIKPLOYER,
request arbitration of the grievance. The arbitration
proceedings shall be conducted by an arbitrator ta be
selected by mutual agreement of the F1+�LOYER and the
UNION within seven (7� calendar days af ter 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 f ive (5�. arbitrators. Both
the F.MPLOYER and the UNION sha.11 have the right to -_
strike two (2� names from the panel. The iNION shall
- 26 -
ARTICLE XXIII - GRIEVAIQCE PROCEDURE (continued)
strike the first (lst) name; the EMPLOYER shall then
strike one (1) name. The grocess will be repeated
and the remaining person shall be the arbitrator.
23.5 The arbitrator shall have no right to amend, modify, nullify, ignore,
add to, or subtract from the provisions of this AGREEriENT. The
arbitrator shall consider and decide only the specific issue submitted
in writing by the II�LOYER and the UNION and shall have no authqrity
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 af laws, rules,
or regulations having the force and effeet of law. The arbitrator's
decision sha.11 be submitted in writing within thrity (30) days
following close of the hearing or the submission of briefs by the
parties, whichever be later, unless the parties agree to an extension.
The decision shall be based solely on the arbitrator's interpretation
or application of the express terms of this AGREEMENT and to the facts
of the grievance presented. The decision of the arbitrator shall be
final and binding on the EMPLOYER, the UNION and the employees.
23.6 The fees and expenses for the arbitrator's services and proceedings
shall be borne equally by the II�LOYER and the UNION, provided that
each party shall be responsible for compensating its own representative
and witnesses. If either party desires a verbatim record of the
proceedings, it may cause such a record to be made providing it pays - _
for the record.
- 27 -
� � � 7ss��
ARTICLE XXIII - GRIEVAI�iCE PROCEDURE (continued)
23.7 The time limits in each step of this procedure may be extended by
mutual agreer�ent of the F•Ng'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 II�'LOYER sha.11 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-DISCRIMINATION ' �
25.1 The terms and conditions of this AGREEMENT will be applied to
employees equally without regard to, or discri�nination 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 AGREEHIENT 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 e€fect.
26.2 The parties agree to, upon written notice. enter inta negotiatio�.s
to place the voided provisions of the AGREEMENT in. compliance
with the legislative, administrative, or judicial deteraination.
- 31 -
ARTICLE XX�III - WAIVER
27.1 The EMPLOYER and the UNION acknowledge that during the meeting and
negotiating which resulted in this AGRE�IENT, each had the right
and opportunity to make proposaZs with respect to any subject
concerning the terms and conditions of er�ployment. 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 other party shall not be obligated to
meet and negotiate over any term or condition of employment
whether specifically covered or not specifically covered by this
AGREEPIENT. The UNION and ENIPLOYER may, however, 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 inconsistent
with this AGREEMENT, are hereby superseded.
- 32 -
, ARTICLE XXVIII - CITY MILEAGE
28.1 Automobile ReiLnbursement AuChorized: Pursuant to Chapter 33 of the
Saint Paul Administrative Code, as amended, pertaining to reimhursement
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, aZl
officers and employees must receive written authorization fr�m the
Department Head.
Type 1. If an employee is required to use his/her own automobile
OCCASIONALLY during erzployment, the emgloyee 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 af the employee's position.
In addition, the employee shall be reimbursed 15� per mile for each
mile actually driven.
If such employee is required to drive an automobile during employment and
the department head or designated representative determines that an
employer vehicle is available for the employee's use but the employee
desires to use his/her own automobile, then the employee shall be reim-
buxsed at the rate of 15� per mile driven and shall not be eligible
for any per diem.
Type 2. If an employee is required to use his/her own automobile
REGULARLY during employment, the employee shall be reimbursed at the
rate of $3.00 per day for each day of work. In addition, the employee
shall be reimbursed 15� per mile for each mile actually driven.
If such employee is required to drive an automobile during employment
and the department head or designated representative determines that
an employer vehicle is available for the employee's use but the employee
desires to use his/her own automobile, then the employee shall be reim-
bursed at the rate of 15� per mile driven and sha11 not be eZigible 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 reimhursement plans
who are required to have their personal car available for City business.
Such parking will be provided only for the days the employee is required
to have his or her own personal car available.
28.4 Rules and Regulations: The Mayor shall adopt ru2es and regulations
governing the procedures for automobile reimbursement, which regulations
and rules shall contain the requirement that recipients shall file daily
reports indicating miles driven and shall file monthly affidavits stating
the number of days worked and the number of miles driven, and further
require that they maintain automobile liability in.surance 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,OOQ
single limit coverage, with the City of Saint Paul named as an additional--
insured. These rules and regulations, together with the amendment thereto,
sha.11 be maintained on file with the city clerk.
- 33 -
.„r
. o? 7 S5(a�.
AitTICLE XXIX - DURATION AND PLEDGE
29. 1 This AGREII�i�IT shall become effective as of the date of signing,
except as specifically provided otherwise in Articl.es 12 and 13, and
shall remain in effect through the 7th day of July, 1982, and continue
in effect from year to year thereafter unless notice to change or to
terminate is given in the manner provided in 29.2.
29.2 If either party desires to terminate or modify this AGREEMENT, effective
as of the date of expiration, the party wishing to modify or terminate
the AGREEMENT shall give written notice to the pther party, not more
than ninety (90� or less than sixty (60� calendar days prior to the
expiration date, provided, that the AGREEMENT may only be so terminated
or modified effective as of the e.�cpiration date.
29.3 In consideration of the terms and conditions of employment established
by this AGREEMENT and the recognition that the GRIEVANCE PROCEDURE
herein established is the means by which grievances concerning its
application or interpretation may be peacefully resolved., the parties
hereby pledge that during the term of the AGREEMII3T:
29.31 The UNION and the employees will not engage in,
instigate, or condone any concerted. action in which
employees fail to report for duty, willfull� absent
themselyes from work, stop work, slow down their work,
or absent t�selves in whole or part from the full,
faitfiful performance of the�z duties of employment
- 34 -
ARTICLE XXIX - DL'RATION AND PLEDGE (continued)
29..32 The II�'LOYER will not engage in, instigate, or condone
any lock-out of employees.
29.33 This constitutes a tentative agreement between the
parties which will be recommended by the City h•egotiator,
but is subject to the approval of the Administration of
The City, the City Council and is also subject to
ratification by the UNION.
AGREID to this 22nd day of July, 2980, and attested to as the
full and complete understanding of the parties for the period of time herein
specified by the signature of the following representative for the II�LO�ER
and the UNZON.
WITNESSES:
INTERNATIONAL UNION OF ELEVATOR
CITY OF SAINT PAUL CONSTRUCTORS LOCAL N0. 9
� � ?�-��',�
�t
a r Relat ons ire r Busine�ss Manager
Civil Service Commission
- 35 -
APPENDIX A
The classes of positions recognized by the F�IPLOYER as being exclusively
represented by the UNION are as follows:
Elevator Inspector
and other classes of positions that may be established by the II�LOYER where
the duties and respor.sibilities assigned comes within the jurisdiction of
the UNION.
- A1 -
APPENDIX C
A. Tha basic hourly wage rate for regular employees appointed to the
following class of positions who are receiving the Fringe Benef its
Iisted in Article 12.2 shall be:
Effective Eff ective
Juiy 1,1980 Juiy 1,1981
_ Elevator Inspector . . . . . . . . $14.80 *
B. The basic hourly wage for temporary and emergency employees appointed
to the following class of positions shall be:
Effective Eff ective
July 1�1980 July 1,198i
Elevator Inspector . . . . . .� . . $18.04 **
C. The basic hourly wage rate for provisional, regular and probationary
employees appointed to the following classes of positions and not
receiving the Fringe Benefits listed in Article 12.2 sha11 be:
Effective Effective
July 1,1980 .ruiy i,i981
Elevator Inspector . . . . . . . . $17.35 ***
The EMPLOYER shall es�ablish Workman's Compensation and Unemployment
Compensation programs as required by Minnesota Statutes.
*The July -1, 1981 hourly wage rate in this contract wiZT be the I981 total
package applicalale to tl�.e classification of Mechanic in Charge as established
under the terms of the Standard Agreement for the period July 9, 1977 to
July 8, 1982, between the National Elevator Industry, Inc. and the Int.er-
national Union of Elevator Constructors I.ass the cost of sic�c leave usage for
1980 and less the cost of health and life insurance, pension and vacation for
1981 incurred by the employer for employees in this bargaining unit.
- C1 -
.
APPENDIX C (continued)
**The July 1, 1981, hourly wage rate in this contract will be the 1981 total
package applicable to the classification of Mechanic in Charge as established
under the terms of the Standard Agreement for the period July 9, I977 to
July 8, 1982 between the National Elevator Industry, Inc. and the International
U�ion of Elevator Constructors.
***The July 1, 1981 hourly wage rate in this contract will be the 1981 total
package applicable to Che classification of Mecha.nic in Charge as established
under the terms of the Standard �greement for the period July 9, 1977 to
July 8, 1982, between the National Elevator Industry, Inc. and the International
Union of Elevator Constructors less the cost of pension €or 1981 incurred by the
employer for employees in this bargaining unit.
- C2 -
,�,��-':;��j~�''� ��'1'� ��.� ���._z.?'�;'�' ��_l�J L
_ ' ;/--�°��,"i \ � .
/ 'f' \ c
r! ,./ Ut; �t;�_ 1 ����Y-vu ��:1 �L�j!. fi���� �ifll�l�i=�� ""d��
1 ���'`r• � __�.-.� �:..-�1 . ���3'�.J;+;�' .
� � y { )�
,'��� � �.���� ��"� . . . -
�`�=��' Ua i e : A�gust 21 , 1980
, .�
C � ��� ��� � � �m� � � �, � � �`� � _
? U : �c��n� E'c�i�! �it� �r��i��i! � ��; �
�� Q' � � C�71�fi1 i��� 0�1 FINANCE, MANAGEMENT & PERSONNEL �
George P�cMahon ; ci�ai�m��1, mc�r<es tY�e �u11o�f�inc�
reporY �n �. �'. � (�i dii��t7�e
� �8) � ��so�� 'ri�n .
. . • � �;i�e[' .
� ��'�...� : -
At its meeting of August 21 , 1980, the Finance Committee recorr�nended approval
�f the following: ,-
� 1 . Resolution allowing S�lective Clearance Program to be closed out in GD 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� hlanagement Technician in Grade 3D; �
Section 3.L (Technical Group) and class .specification in Sec. 32, Civil - � :
Service Rules. (1a182-GM)
4. Resolution approving 1980 Maintenance Labor Agreement between City and Sheet
Metal Workers Local 76. (11226-GM) �
5. Resolution approving 198� Maintenance Labor Agreement between City and > _
Pipefitters Local No. 455. (11227-GM)
6. Resolution approving 1980 Agreement between City and Plumbers Local No. 34.
'1 (11228-GM)
7. Resolution approving 1980-1981 Maintenance Labor Agreement between City and
Elevator Constructors, Local No. 9. (13229-GP�1)
� . .
8. Resoiution abolishing title of Senior Mechanical Inspector and establishing new
titles of Senior Mechanical Inspector-Sheet Metal and Senior Mechanical �.
Inspector-Pipefitter. (11230-GM)
(CONTI�IUED)
C:ITY iI.�LL SE�,'�,NTH FLOOR S:1I`T PA.UL, 1FI\ticS7�'�� S�;a�
..s� _
_, •�i
D� not deta�h this m�morandum frot�n the
resolution so that this informatio� witl be
available to the City CouncfL
EXPLANATION OF ADMINISTRATIVE ORDERS, ���`"�
RESOLUTIONS, AND ORDINANCES
Date: July 22, I980
�ECEi�IE��
T0: MAYOR GEORGE LATIMER ,}Ul"3 1 1�a�
MAYOR'S O�
FR: Personnel Office
RE: Re�olution for submission to City Council
ACTION REQUESTED
We recommend your approval and submission of this Resolution to the City Council.
PURPOSE AND RATIONALE FOR THIS ACTTON:
This Resolution approves a 1980-1981 Maintenance Labor Agreement between the
City of St. Paul and the �levator Constructors, Local No. 9.
This Agreement provides for a base rate increase of 86� per hour and a $1. O1 per
hour increase in fringes. The total package increase is, therefore, $1. 87 per hour
for the lst year. The second year total package i.ncrease will be based on the average
increase received by the four of.the various building trades.
This is based on the outside Union contract.
ATTACI�IENTS: ,
Resolution and copy for the City Clerk. Also copy of Maintenance Labor Agreement.
�°,'":,��o��.
CITY CLERK ;�� b�`y��a„y`�:�:'_s
WNITE - C�TV CLERK ��
PINK - FINANCE (�ITY OF SAINT � AITL Conncil D n�
CA!vARY - OEPARTMENT �
BL.UE - MAVOR � L/
File N 0.
C uncil IZesolution
Presented B��
Referred To Committee: Date
Out of Committee By Date
An administrative Resolution approving the terms and
conditions of a 1980-1981 Maintenance Labor Agreement
between the City of St. Paul and the Elevator Constructars,
Local No. 9.
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 Elevator Constructors, Local
No. 9, as exclusive representative for those classes of positions within
the City of St. Paul certified by the Bureau of Mediation Serviees under
Case No. ?3-PR-475-A for the purpose of ineeting and negotiating the
terms and conditions of employment for all full-time personnel in the
classes of positions as set forth in the Agreement between the City and
the exclusive represen#atives hereinabove referenced; and
WHEREAS, the City, through designated representatives, and the
exclusive representatives have met in good faith and negotiated the terms
and conditions of employment for the period of July 1, 1980, through July
7, 1982, for such personnel as are set forth in the Agreement between
the City of St. Paul and the exclusive representatives; and .
WHEREAS, a 1980-1981 Agreement has been reached which includes
a wage adjustment retroactive to July 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 Saint Paul
, ;5�......-
�EC���r ��`�
�:�`� �' 1:-'����
s
OFEiCE OF GEO�t�� (v��'Y;�i��N
_1 _
COUNCILI�IEN Requested by Department of:
Yeas N ays
PERSONNEL OFFICE
in Favor
_ Against BY
Form Approved by City Attomey
Adupted by Council: Date
CertiEied Passed by Council Secretary BY
B;
Approved by �lavor. Date Approved by Mayor for Submission to Council
-,,.:.:
WHITE - CITY CI.ERK � '
PINK - FINANCE GI 'A Y OF SA I I1� T �ALTL Councii
� C4NPRV - pEPARTMENT �
B�LUE. - MAVOR
File N .
Coun�il ��soluti�on
Presented Bv
Refe�red 'I'o Committee: Date
Out of Committee By Date
- 2 -
and �he Elevator Constructors, Local No. 9, on file in the office of
the City Clerk, is hereby approved, and the authorized admi.nistrative
officials of the City are hereby authorized and directed to execute said
Agreement on behalf of the City.
Approved:
Chairman
CiviZ Service Cammission
COUNCILIIEN
Yeas Nay�s Requested by Depactment of:
In Favor �'—ERSONNEL QFFICE
-- -- Against BY ---
i
Form Approved by City Attorney
Adopted by Cuiincil: Da[e
Certified P;,ssed by Counc.il Secretary BY--
8� .__�.__
Approved iry �lavor: Date _—_—_. ___ I Approved by Mayor for Submission to Council