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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��'���� ����� � 1� 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��� . � 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. - 3 - ARTICLE IV - UNION RIGHTS 4.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies deducted shall be remitted as directed by the UNION. 4.11 The 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. - 4 - �� �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. - 6 - 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. - 7 - 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. - 8 - 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) . - 10 - 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. - 15 - 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. - 16 - 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. - 17 - 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. - 19 - 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