275559 WHITE - CITY CLERK �s. }r
PINK - FINANCE � �J� /�i1��
CANARY - DEPARTMENT COUflC1I ti i v
BLUE - MAYOR G I T Y O F A I N T PA U L File N O. � '
n l esolution
Presented By
Referred To Committee: Date
Out of Committee By Date
An Administrative Re s lution approving the terms and
conditions of a 1980 M intenance Labor Agreement
between the City of Sai t Paul and the Sheet Metal
Workers International ssociation Local 76.
WHEREAS, the Council, pursuan to the provisions of Section 12. 09 of the
Saint Paul City Charter and the Public Em loyees Labor Relations Act of 1971, as
amended, recognizes the Sheet Metal Wor ers International Association Local 76,
as exclusive representatives for the class s of positions within the City of Saint
Paul certified by the Bureau of Mediation ervices under Case No. ?3-PR-513-A,
for the purpose of ineeting and negotiating the terms and conditions of employment
for all full-time personnel in the classes f positions as set forth in the Agreement
between the City of St. Paul and the exclu ive representatives hereinabove referenced;
and
WHEREAS, the City through desi nated representatives, and the exclusive
representatives h�..ve met in good faith an have agreed to the attached Agreement
between the Sheet Metal Workers �nternati nal Association Local 76 and the City of
Saint Paul; now, therefore, be it
RESOLVED, that the Agreement ereby attached, dated as of the effective
date of this Resolution between the City of Saint Paul and the Sheet Metal Workers
International Association Local 76, on file in the office of the City Clerk, is hereby
approved, and the authorized administrati e officials of the City are hereby authorized
and directed to execute said Agreement on behalf of the City.
Approved:
a'rman, Civil S ce mission
COUNCILMEN Requestgd by Department of:
Yeas Hunt Nays � pERSONNEL OFFICE
Levine [n Favor
Maddox �;
McMahon B
snoweiter __ Against Y —
Tedesco
� l+E Form prove Cit tto y
A ted by Council: Date J C
I
Certified Pa s y Cou .il Secretary BY-
�
Ap ov y Ylayor: Dat r 4 ig8p Ap ro by Mayor fo u 'ssion to Council
By BY �
�}tED S
�����
CITY CLERK _
. WHITE - CITY CLERK
PINK - FINANCE L �
CANARY - DEPARTMENT C� I T,Y O 1'' SA I NT� PA T�I L � Council /� �D /
BLUE - MAYOR . Fll@ - NO. �U
Co��ci �Zesolution
Presented By _
Referred To _ Committee: Date
Out of Committee By Date
An Administrative R solution approving i-he terms and
conditions of a 1980 aintenance Labor Agreement
between the City of S i.nt Paul and the Sheet Metal
Workers Internationa Association Local 76.
WHEREAS, the Council, pursu nt to the provisions of Section 12. 09 of the
Saint Pau 1 City Charte r and the Public E ployee s Labor Relations Act of 1971, a s
amended, recognizes the Sheet Metal W rkers International ,.h.ssociation Local 76,
as exclusive representatives for the cla ses of positions within the City of Saint
Paul certified by the Bureau of Mediatio Services under Case No. 73-PR-513-A,
for the purpose of ineeting and negotiati g 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 of St. Paul and the excl sive representatives hereinabove referenced;
and
WHEREAS, the City through de ignated representatives, and the exclusive
representatives h��.ve met in good faith a d have agreed to the attached Agreement
between the Sheet Metal Workers Interna ional Association Local 76 and the City of
Saint Paul; now, therefore, be it
RESOLVED, that the Agreemen hereby attached, dated as of the effective
date of this Resolution between the City f Saint Paul and the Sheet Metal Workers
International Association Local ?b, on fi e in the office of the City Clerk, is hereby
approved, and the authorized administra ive officials of the City is hereby authorized
and directed tq ��s�cute said Agreement n behalf of the City.
����@� a��'
I APProved:
, t=`����U
��l�`� �J��
OF G�vK�'� `J,y;J1�
O���C� Ch irman, Civil Service Commission
COU(VCILMEN Requestgd by Department of:
Yeas Hunt �ays PERSONNEL OFFICE
Levine [n Favor �
Maddox ,. _
McMahon B -
snowa�ter __ Against Y
Tedesco
Wilson
Form Ap�roved by City Attorney
Adopted by Council: Date
Certified Passed by Council Secretary BY
B� — - -
Approved by :Ylavor: Date _ Approved by Mayor for Submission to Council
_ '������
1980
1�fAINTENANC .LABOR AGREEMENT
- etween -
T�iE CITY OF SAINT PAUL
and -
SHEET TAL WORKERS
INTERNATI h'AL ASSOCIATION
L CAL 76
` IP1�EX
ARTICLE TITLE PAGE
Preamble iii
I Purpose 1
II Recognitior. 2
III Employer Rights 3
IV Union Rights 4
V Scope of Agreer.ient 5
VI Probationary Periods 6
VII Philosophy of E�ployme t and Compensation 7
VIII Hours of Work 8
IX Overtime 9
X Call Back 10
XI Work Location - Reside cy 11
XII Wages 12
XIII Fringe Benefits I4
XIV Selection of Foreman a d General Foreman 15
XV Retirement 16
XVI Holidays 17
XVII Disciplinary Procedure 18
XVIII Absences From Work 19
XIX Seniority 20
XX Jurisdiction 2I
XXI Separation 22
XXII Tools 23
XXIII Grievance Procedure 24
XXIV Right of Subcontract 28
X�'V Non-Discrimination 29
XXVI Severability 30
XXVII Waiver 3I
XXVIII City Mileage Plan 32
�IX Duration and Pledge 33
Appendix A A1
Appendix B B1
Appendix C Cl
Appendix D D1
- ii -
� P R E A M B L E
This AGREIIvIENT is snte ed into between the City of Saint Paul,
hereinafter referred to as the LOYER and the Sheet Metal Workers
International Association Local 6 hereinaf ter referred to as the UNION.
The .IIKPLOYER and the U ION concur that this AGREEMENT has as its
ob�ective the promotion of the r ponsibilities of the City of Saint Paul
€or the benefit of the general pu lic through effective labor-�mana.gement
cooperation.
The II�IPLOYER and the UN ON both realize that tnis goal depends not
only on the words in the AGREEMEN but rather primarily on attitudes between
people at all levels of responsib Iity. Constructive attitudes of the CITY,
the UNION, and the individual emp oyees will best serve the needs of the
general public.
- ii -
- ARTICLE I - PURPOSE
1.1 The EMPLOYER and the UNION gree that the purpose for entering into
this AGREII�ENT is to:
1.11 Achieve orderly and eaceful relations, thereby
establishing a syst of uninterrupted oparations
and the highest lev of employee performance that
is consistent with t e safety and well-being of all
concerned;
1.12 Set forth rates of p y, hours of work, and other
conditions of emplo ent as have been agreed upon
by the F1�IPLOYER and he UNION;
1.13 Establish pro�edures to orderly and peacefully resolve
disputes as to the a plication or intergretation of
this AGREEMENT witho t loss of manpower productivity.
1.2 The EMPLOYER and the UNION a ree that this AGREEMENT ser�=es as a
supplement to legislation th t czeates and directs the EMPLOYER. If
any part of this AGREEMENT i in conflict with such legislation, the
latter shall prevail. The p ties, 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 II�iPLOYER recognizes the ION as the exclusive representative
for collective bargaining pur oses 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 ediation Services in accordance
with Case No. 73-PR-513-A dat d May 15, 1973.
2.2 The classes of positions. reco ized as being exclusively represented
by the UNION are as lis.ted in ppendix A.
- 2 -
� ARTICLE III - EMPLOYER RIGHTS
3.1 The EMPLOYER retains the righ to operate and manage all manpower,
facilities, and equipment; to establish functions and programs;
to set and amend budgets; to etermine the utiliaation af technology;
to establish and modify the o ganizational structure; to select,
direct, and determine the num er of personnel; and to perform any
inherent managerial function ot specifically limited by this
AGREEMENT.
3.2 Any "term or condition of emp oyment" not established by this
AGREEMENT sha.11 remain with t II�lPLOYER to elimina.te, modify, or
establish following written no ification to the UNIQN.
- 3
ARTICLE IV - UNION RIGATS
4.l The EMPLOYER shall deduct fr m the wages of employees who authorize
such a deduction in writing n amount necessary to cover monthly
UNION dues. Such monies ded cted shall be remitted as directed by
the UNION.
4.11 The EMPLOYER shall no deduct dues from the wages
of employees covered y this AGREEMENT for any other
� labor organization.
4.12 The UNION shall indem ify and safe harmless the
Et�LOYER f rom any and all claims or charges made
against the II�LOYER s a result of the implementat3on
of this ARTICLE.
4.2 The UNION may designate one 1) employee from the bargaining unit to
act as a Steward and shall i orm the II�LOYER in writing of such
designation. Such employee s 11 have the rights and responsibilities
as designated in Article 23 ( RIEVANCE PROCEDURE) .
4.3 Upon notification to a desig ted II�LOYER supervisor, the Business
Manager of the UNION, or his esignated representative shall be
premitted to enter the facili ies of the II�LOYER where employees
covered by this AGREF�IENT are working.
A.RTICLE V - SCOPE OF THE AGREEME T
5.1 This AGREF�IENT establishes e "terms and conditions of employment"
def ined by 1�1.5. 179.63, Subd. 18 for all employees exclusively
represented by the UNION. T is AGREEriENT sha11 supersede such
"terms and conditions of emp oyment" established by Civil Service
Rule, Council Ordinance, and Council Resolution.
_ 5 _
� ARTICLE VI - PRO�ATIONARY PERIOD
6.1 Al1 personnel, originally h red or rehired following separation, in
a regular employment status shall serve a six (6) month's probationary
period during which time th enployee's fitness and ability to perform
the class of positions' dut'es and responsibilities shall be evaluated.
6.11 At any time during e probationary period an
employee may be te inated at the discretion of the
EMPLOYER without app al to the provisions of Article 23
tGRIEVANCE PROCEDURE .
6.12 An employee terminat d during the prabationary period
sha.11 receive a writ en notice of the reason(s) for
such termination, a opy of which shall be sent to the
TJNION.
6.2 All personnel promoted to a igher class of positions shall serve a
six (6) months' promotional robationary period during which time
the employee's fitness and a ility to perform the class of positions`
duties and responsibilities hall be evaluated.
6.2I At any time during th promotional probationary period
an employee may be d oted to the employee's previously
held class of positio s at the discretion of the II+1?PLOYER
without appeal to the provisions of Article 23 (GRIEVANCE
PROCEDURE� .
6.22 An employee demoted d ring the protional probationary period
shall be returned to he employee's previously held class of
positions and shall r ceive a written notice of the reasons €or
demotion, a copy of w ich shall be sent to the UNION.
- fi -
ARTICLE VII - PHILOSOPHY OF EMPLO NT AND COMPENSATIO�
7.1 The EMPLOYER and the UI�TION ar in full agreemer.t that the ghilosQphy
of employment and compensatio shall be a "cash" hourly wage and
"industry" fringe benefit sys em.
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) d 13 (FRINGE BENEFITS} .
7.3 No other compensation or fring benefit shall be accumulated
or earned by an employee excep as specifically provided for
in this AGREEMENT; except thos employees who ha.ve individually
optioned to be "grandfathered" as provided by 12.2.
- 7 -
ARTICLE VIII - HOURS OF WORK
8.1 The normal work day sha]_1 be ight (8) consecutive hours per day,
excluding a thirty (30) minut unpaid lunch period, between 7:00
a.m. and 5:30 p.m.
8.2 The normal work week shall be five (5) cor.secutive nornzl work
days Monday through Friday.
8.3 If, during the term of this A REEMENT, it is necessary in the
EMPLOYER'8 judgment to establ sh second and third shifts or a
work week of other than Monda through Friday, the UNIQN agrees
to enter into negotiations ediately to establish the conditions
of such shifts and/or work we ks.
8.4 This section sha11 not be con trued as, and is not a guarante� of,
any hours of work per normal ork day or per normal work week.
8.5 All employees sha.11 be at the location designated by their supervisor,
ready for work, at the establ shed starting time and shall re�a.in
at an assigned work location til the end of the established wark
day unless otherwise directed y their supervisor.
8.6 All employees are subject to c 11-back by the II�LOYER as provided
by Article 10 (CALL-BACK) .
8.7 Employees reporting for work a the established starting time at�d
for whom no work is available ha�l receive pay for two (2� hours,
at th.e basic hourly rate, unle s notification has been given not
to report for work prior to le ving home, or during the previous
work day.
- 8 -
ARTICLE Ix - OVERTIME
9.1 Al1 overtiv*�e compensated for by the EMPLOYER must receive prior
authorization from a designa ed II�LOYER supervisor. No ovQrtime
work claim will be hono.red f r payment ar credit unless approved in
advance. An overtime claim 'll not be honored, even though shown
on the time card, unless the equired advance approval has been
obtained.
9.2 The overtime rate of one and ne-Y�alf (liz} the basic hourly rate
shall be paid for work perfo ed under the following circumstances:
9.21 Time worked in excess f eight (8) hours in any one
normal work day and
9.22 Time worked on a sixth (6) day following a normal
work week.
9.3 The overtime rate of two (2) t mes the basic hourly rate shall be
paid for work performed under he following circumstances:
9.31 Time work.�d on a holida as defined in Article 16
(HOLIDAYS�;
9.32 Time worked on a sevent (7� day following a
normal work week; and
9.33 Time worked in excess o twelve (12) consecutive hours
in a twenty-four (24� h ur period, provided, that alI
"emergency" work requir by "Acts of God" shall be
compensated at the rate f one and one-half (1�) .
3.4 For tlze purposes of calculating overtime compensation overtir�e hours
worked shall not be "pyramided" compounded, or paid twice f or the
same hours worked.
9.5 Overtime hours worked as provid d hy this ARTICLE shall be paid in cash.
- 9
ARTICLE X - CALL BACK
10.1 The EriPLOYER retains the right o call back employees before an
employee has started a normal w rk day or normaZ work week and
after an employee has completed a normal work day or normal work
week.
10.2 Employees called back sha.11 rec ive a minimum of four (4) hours
pay at the basic hourly rate.
10.3 The hours worked based on a cal -back shall be compensated in '
accordance with Article 9 (OVERT 1E) , when applicable, and subject
to the minimum established by 10 2 above.
10.4 Ersployees called back four (4) h urs or less prior to their normal
work day sha.11 complete the no 1 work day and be compensated
only for the overtime hours work d in accordance with Article 9 .
(OVERTIME) .
- 10 -
ARTICLE XI - WORK LOCATION, RESIDEN
11.1 Emplayees shall report to work ocation as assigned by a designa.ted
IIKPLOYER supervisor. During th normal work day empZoyees may be
assigned to other work location at the discretion of the II�LOYER.
11.2 Employees assigned to work loca ions during the normal work day,
other than their original assig ent, and who are required to furnish
their own transportation shall e compensated for nileage.
11.3 The resolution pertaining to residency approved July 26, 1979, under
Council File No. 273378 shall ap ly to all emp2opees covered by this .
AGREEMENT.
- Z1 -
ARTICLE XII - WAGES
12.1 The basic hourly wage ra es as established by Appendix C shall be
paid for all hoers worked by an employee.
12.2 Employees who are covered by tne fringe benefits listed below shall
continue to be covered by such benefits. They shall be sub�ect to
all other provisions of t e AGREEMENT, but shall not have hourly
fringe benefit contributio s 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 includ ng life, hospital and health insurance
for early retirees ho have retired since February I, 1975.
in order to be elig ble for the health benefits under the
early retiree provi ion, the employee must:
12.21.1 Be receivi g benefits from a public employee
retirement ct at the time of retirement.
12.21.2 Have severe his relationship with the City of
Saint Paul nder one of the early retiree plans.
12.21.3 Inform the ersonnel Off ice of the City of
Saint Paul n writing within 60 days of employee's
early retir ment date that he or she wishes to be
eligible fo early retiree insurance benefits.
12.22 Sick Leave as establi hed by Resolution No. 3250, Section 20.
12.23 Vacation as establish d by Resolution No. 6446, Section I,
Subdivision H, howeve , employees in this bargaining unit,
covered by this vacat on provision, shall be granted vacation
at the rate of 160 hou s in each calendar year.
12.24 Nine (9) legaZ holiday as established by Resolution No. 6446,
Section I, Subdivision I.
12.25 Severance benefits as stablished by Ordinance No. 11490 with
a maximura payr�.ent of $ ,000.
12 -
ARTICLE XII - WAGES - (continued
12,3 Regular employees not cover d by the fringe benefits listed in Article
12.2 shall be considered, f r the purposes of this AGREEMENT, participating
employees and shall be comp sated in accordance with Article 12.1 {WAGES)
and have fringe benefit cont ibutions and/or deductions made on their behalf
as provided for by Article 1 (FRINGE BENEFZTS) .
12.4 Provisional, temporary, and mergency employees shall be considered, for
the purposes of this AGREEM T, participating employees and shall be com-
pensated in accordance with rticle 12.1 (WAGES} and Izave fringe benefit
. contributions and/or deducti ns made in their behalf as provided for by
Article 13 (FRINGE BENEFITS�..
12.5 All regular employees employe af ter February I5, I974, shall be considered,
for the purpose of this AGRE ENT, participating employees and shaZl be
compensated in accordance wit Article 12.I (WAGES) and have fringe benefit
contributions and/or deductio s made on their hehalf as provided for by
Article 13 (FRINGE BENEFITS) .
- 13 -
ARTICLE XIII - FRINGE BENEFITS
13.1 The II�PLOYER shall make contri utions on beha.lf of and/or
make deductions from the wages of employees covered by this
AGREEME\T in accordance with A pendix D for all hours worked.
_ 1 _
ARTICLE XIV - SELECTION OF FORF.MAN GENERAL FOR�N
14.1 The selection of personnel for he class of position Sheet
Metal Foreman shall remain sole y with the EMPLOYER.
14.2 The class of position Sheet Met 1 Forersan sha11 be filled
by employees of the bargaining nit on a "temporary assignment". .
14.3 A11 "temporary assignments" sha he made only at the direction
of a designated ErIPLOYER supex�yi or.
14.4 Such "temporary assignments" sha 1 be made only in cases where
the class of positions is vacant for more than one �1�_ normal
work day.
�\� - 15 -
/
�
�
ARTICLE XV - RETIREr?ENT �
15.1 All employees shall retire from employment with the II�LOYER
no later than the last cal dar day of the month in which an
employee becomes sixty-five (65) years old.
- 16 -
ARTICLE XVI - HOLIDAYS
16.1 The following nine (9) days sha.11 be designated as holidays:
New Yearts Day, J nuary 1
Presidents' Day, ird Monday in February
Memorial Day, las Monday in May
Independence Day, July 4 -
Labor Day, first onday in September
Columbus Day, sec nd Monday in October
Veterans' Day, No ember 11
Thanksgiving Day, fourth Thursday in Novenber
Christmas Day, De ember 25
16.2 When New Year's Day, Indepe ence Day or Christmas Day falls on a
Sunday, the following Monda shall be considered the designated
holiday. When any of these hree �3Z_ holidays fa1Zs on a Saturday,
tlze preceding Friday sliall b considered the designa.ted holiday.,
16.3 The nine (9) holidays shall e considered non work days.
16.4 If, in the judgment of the LOYER, personnel are necessary for
operating or em ergency reaso s, employees may be scheduled or
"called back" in accordance ith Article 10 �CALL BACK) .
16.5 Employees working on a desig ted holiday shall be compensated at
the rate of two (2� times th basic hourly rate for aIl hours worked.
-- 7 -
ARTICLE XVII - DISCIPLINARY PROCEDUR S
17.1 The EMPLOYER sha11 ha.ve tha rig t to impose disciplinary actions on
employees for just cause.
17.2 Disciplinary actions by the EriP OY�R shall include or_Iy the
following actions:
17.21 Oral reprimarad
17.22 Written reprimand
17.23 Suspension
17.24 Demotion
17.25 Discharge
1.7.3 Employees wTio are suspended, dem ted, or discfiarged shall I�ave the
right to request that such actio be reviewed by the Civil Service
Commission or a designa.ted Board of Review. The Civi1 Service
Conmission, or a designated Boar of Review, shall be the sole and
exclusive. means of reviewing a s spension, demotion, or discharge.
No appeal of a suspension, demot on, or discharge shall be considered
a "grievance" for the purpose of processing through the provisions
of Article 23 (GRIEVANCE PROCID E�_.
_ g ..
ARTICLE XVIII - ABSENCES FROM WO
18.1 Employees who are unable to report for their normal work day have
the responsibility to notif their supervisor af such absence as
soon as possible, but in no event later than the beginning of such
work day.
18.2 Failure to make such notifi tion may be grounds for discipline
as provided in Article 17 ( SCIPLINARY PROCIDURES).
18.3 Failure to report for work w thout notification for three (3)
consecutive normal work days may be considered a "quit" by the
EMPLOYER on the part of the .mployee.
- 19 -
ARTICLE XIX - SENIORITY
19.1 Seniority, for the purposes of his AGREEMENT, shall be defined as
follows:
19.11 "Master Seniority" - th len�th of continuous regular
and probationary servic with the EMPLOYER from the
last date of employment 'n any and aIl class titles
covered by this AGREFI�IEN .
I9.12 "Class Seniority" - the ength of continuous regular
snd probation.ary service with the E�IPLOYER from the
date an employee was fir t appointed to a class title
covered by this AGREEME .
I9.2 Seniority shall not accumulate d ring an unpaid Ieave of absence,
e.�ccept when such a leave is gran ed for a period of less than thirty
(30) calendar days; is granted b cause of il.lness or injury; is
granted to allow an employee to cept an appoin�.ent to the
unclassified service of the II�LO ER or to an eZected or appointed
full-time pos3.tion with the UNION.
13.3 Seniority shall terminate when an employee retires, resigns, or is
discharged.
19.4 In the event it is determined by he IIKPLOYER that it is necessary to
reduce the work force employees w 11 be laid off by class title within
each Department based on inverse ength of "Class Seniority." Emgloqees
laid off shall ha.ve the right to einstatement in any lower-paid class
title, provided, employee has gr ter "Master Seniority" than the employee
being replaced.
19.5 The selection of vacation periods sha11 be made by class title based an
length of "Class Seniority", sub� t to the approval of the II�LOYER.
- 2 -
ARTICLE XX - JURISDICTION
20.1 Disputes concerning work jurisd ction between and among unions is
recognized as an appropriate su ject for deterntination by the various
unions representing employees o the II�SPLOYER.
20.2 The EMPLOYER agrees to be guided in the assignrient of work jurisdiction
by any mutual agreements between the unions involved.
20.3 In the event of a dispute concer ing the per€ormance or assigrimeat of
work, the unions involved and th II�LOYER shall meet as soon as mutually
possible to resoZve tfie dispute. Nothing in the foregoing shall restrict
the right of the II�LOYER to acc plish the work as origina.11y assigned
pending resolution of tbe disput or to restrict the F,MPLOXER'S basic
right to assign work.
20.4 Any employee refusing to perform ork assigned by the EMPLOYER 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, low down, or any disruption of work
resulting from a work assig�ent.
- 21 -
ARTICLE :�CI - SEPARATION
21.1 Employees having a probati nary or regular employment status shall
be considered separated fr m employment based on the follo�aing
actions:
21.11 Resignation. Empl yees resigning from employment
shall give written notica fourteen (I4) calendar
days prior to the fective date of the resignation.
21.12 Retirement. As pro ided in Articie 15.
21.13 Discharge. As prov ded in Article Z7.
2T.14 Failure to Re ort f r Dut . As provided in Article 18.
21.2 Employees having an emergen y, 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 All employees shall personnall provide themselves with the tools
of the trade as listed in Appe dix B.
- 23 -
ARTICLE XXIII - GRIEVANCE PROC URE
23.1 The EMPLOYER shall recogn ze Stewards selected in accordance with UNION
rules and regulations as t e grievance representative of the bargaining
unit. The UNION. shall not'fy the II�LOYER in writing of the names of
the Stewards and of their uccessors when so named.
23.2 It is recogr�ized and accep ed by the EMPLOYER and the UNIQIv' that the
processing of grievances a hereinafter provided is limited by the job
duties and resporssibilitie of the employees and shall therefare be
accomplishad during workin hours only when consistent with such
employee duties and .respons'biiities. The Steward involved and a
grieving employee shall suf er no loss in pay when a grievance is pro-
cessed during working hours provided, the Steward and the employee have
notified and received the a proval af their supervisor to be absent to
process a grievance and tha. such absence would not be detrimental to
the work programs of the LOYER.
23.3 The procedure established b this ARTICLE shall be the sole and axclusive
procedure, except for the ap eal of disciplinary action as pravided by
17.3, for the processing of rievances, which are defined as an alleged
violation of the terms and c nditions of this AGREEMENT.
23.4 Grievances shall be resolved in conformance with the following procedure:
Step l. Upon the occurrence of an alleged violation of this
AGREEMENT, the empl ee involved shall attemgt to
resolve the matter o an informaZ basis with the
employee's superviso . If the matter i.s not resolved
- 4 -
ARTICLE XXIII - GRIEVANCE PROCEDURE continued)
to the employeets sati faction by the infornal discussion
it may be reduced to wr'ting and referred to Step 2 by
the tT1�iI0N. The written grievance shall set forth the
nature of the grievance the facts on which it is based,
the alleged section(s) f the AGREEMENT violated, and the
relief requested. Any lleged violation of the AGREEMENT
not reduced to writing y the UNION within seven (7)
calendar days of the fi st occurrence of the event giving
rise to the grievance or within the use of reasonable
diligence should ha.ve ha knowledge of the first occurrence
of the event giving rise to the grievance, shall be considered
waived. �
Step 2. Within seven (7) calenda days after receiving the written
grievance a designated LOYER supervisor shall meet with
the UNION Steward and at mpt to resolve the grievance. If,
as a resuit of this meeti g, the grievance remains unresolved,
the EMPLOYER shall reply 'n writing to the UNION within three (3)
calendar days following t s neeting. The UNION may refer the
grievance in writing to S ep 3 within seven (7) calendar days
following receipt of the LOYER'S written answer. Any grievance
not referred in writing b the UNION within seven (7) calendar
days following receipt of tlae EI�LOYER'S answer shall be
considered waived.
- 25 -
ARTICLE XXIII - GRIEVANCE PROCED E (continued)
Step 3. Within seven (7) c lendar days following receipt of a grievance
referred from Step 2 a designated EMPLOYER supervisor shall aeet
with the UNION Bus' ess Manager or his designated representative
and attempt ta reso ve the grievance. Within seven (7) calendar
days following this meeting the II�LOYER shall reply in writing
to the UNION statin the II�LOYER'S answer conceraing the grievance.
If, as a result of he written response the grievaace remains
unresolved, the UNI N may refer the grievance to Step 4. Any
grievance not refer ed. to in writing by the UNION to Step 4 within
seven (7) calendar ays following receipt of the E�iPLOYERtS answer
shall be considered waived..
Step 4. If the grievance r ains unresolved, the UNION may within seven (7)
calendar days after the response of the II�LOYER in Step 3, hy
written notice to t e EMPLOYER, request arbitration af the grievance.
The arbitration pro eedings shall be conducted by an arbitrator to
be selected by mutu 1 agreement of the II+�LOYER aad the UNION within
seven (7) calendar ays after notice has been given. If the parties
fail to mutually ag ee upon an arbitratar within the said seven (7)
day period, either arty may request the Public Employment Relations
Board to submit a p el of five (S� arbitrators. Both the �PLOYER
and the UNION shall ve the riglzt to strike two {2Z_ names from the
panel. The UNION s 11 strike the first (lst) name; the EEMPLOYER
shall then strike o (1) name. The process �rill be repeated and
the remaining perso shall be the arbitratar.
- 26 -
ARTICLE XXIII - GRIEVANCE PROCED (continued)
23.5 The arbitrator shall have n right to amend, Modify, nullify, ignore,
add to, or subtract from the provisions of this AGREEMENT. The arbitrator
shall consider and decide on y the specific issue submitted in writing by
the II�LOYER and the INION a d shall have no authority to make a decision
on any other issue not so su mitted. The arbitrator shall be without
power to make decisions cont ary to or inconsistent with or modifying or
varying in any way the appli ation 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 arties, whichever be later, unless the parties
agree to an extension. The cision shall be based solely on the arbitrator's
interpretation or application of the eXpress terms of this AGREEMENT and to
the facts of t�e grievance pr sented. The decision of the arbitrator sha1Z
be final and binding on the LOYER, tne UNION, and the employees.
23.6 The fees and expenses for the arbitrator's services and proceedings
sha11 be borne equally by the EriPLOYER and the UNION, provided that
each party shall be responsib e for compensating its own representative
and witnesses. If either par y desires a verbatim record of the
proceedings, it may cause suc a record to be made providing it pays
for the record.
23.7 The time limits in each step o this procedure may be extended by
mutual agreement of the EMPLOY R and the UNION.
- 2 -
ARTICLE XXIV - RIGHT OF SUBCONTRACT
24.1 The EMPLOYER may, at any time d ring the duration of this
AGREEMENT, contract out �vork do e by the employees covered
by this AGREEMENT. In the even that such contracting would
result in a reduction of the wo k farce covered by this
AGREEMENT, the EMPLOYER shall g ve the WiION a ninety (90)
calendar day notice of the inte tion to sub-contract.
24.2 The sub-contracting of work don by the employees covered
by this AGREEMENT shall in all ses be made only to employers
who qualify in accordance with dinance No. 140I3.
- 8 -
ARTICLE XXV - NON-DISCRIMINATION
25.1 The terms and conditions of his AGREEME��T will be applied to
employees equally without re ard to, or discri.aination for or
against, any individual beca se of race, color, creed, sex,
age, or because of inembershi or non-membership in the UNION.
25.2 Employees will perform their duties and responsibilities in
a non-discriminatory manner such duties and responsibiZities
involve other employees and t e general public.
24 -
• ARTICLE XXVI - SEVER.ABILITY
26.1 In the event that any provis'on(s) of this AGREEMENT is declared
to be contrary to law by pro er legislative, administrative, or
�udicial authority from whos f inding, determination, or decree
no appeal is taken, such pro ision(s) shall be voided. All other
provisions shall continue in full force and effect.
25.2 The parties agree to, upon itten notice, enter into negotiations
to place the voided provisio s of the AGREEMENT in compliance with
the legislative, admin�istrat e, or �udicial determination.
-- 30 -
ARTICLE XXVII - WAIVER
27.1 The EMPLOYER and the UNION a knowledge that during the maeting
and negotiating which result d in this AGREEMENT, each had the
right and opportunity to mak pro�osals with respect to any
subject concerning the terms nd conditions of employment. The
' agreements and understandings reached by the parties after the
exercise of this right are fu ly and completely set forth in
this AGREEMENT.
27.2 Therefore, the EMPLOYER and t e UNION for the duration of this
AGREEMENT agree that the othe party shall not be obligated to
meet and negotiate over any t rm or conditions of employment
whether specifically covered r not specifically covered by this
AGREEMENT. The UNION and II�' OYER may, however, mutually agree
to modify any provision of th s AGREEMENT.
27.3 Any and all prior ordinances, agreements, resolutions, practices,
policies, and rules or regula ions regarding the terms and
conditions of employment, to e extent they are inconsistent
with this AGREEMENT, are hereb superseded.
.
- 31 -
ARTICLE XXVIII - CITY MILEAGE
28.1 Automobiie Reimburse�ent Au horized: Pursuant to Chapter 33 of the
Saint Paul Administrative C de, as amended, pertaining to reimbursement
of City officers and employ es for the use of their own automobiles in
the perforrnance of their du ies, the following provisions are adogted.
28.2 Method of Computation: To e eligible for such reimbursement, a11
officers and employees must eceive written authorization from the
Department Head.
Type 1. If an empZoyee is r quired to use his/her own automobile
OCCASIONALLY during employme t, the employee shall be reimbursed at
the rate of $3.00 per day fo each day the employeeTs vehicle is
actually used in performing he duties of the enployee's position.
In addition� the employee s 11 be reinbursed 15� per mile for each
a�i1e actually driven.
If such employee is required to drive an automobile during employment and
the department head or desig ted represer_tative determines that an
employer vehicle is availabl for the employee's use but the employee
desires to use his/her own a tomobile, then the employee shall be reim-
bursed at the rate of 15� pe mile driven and shall not be eligible
for any per diem.
Type 2. If an employee is r quired to use his/her own automobile
REGLZARI,Y during employment, the employee shall be reimbursed at Che
rate of $3.00 per day for ea day of work. In addition, the employee
shall be reimbursed 15� per ile for each mile actualZy drivea.
If such employee is required o drive an automobile during employment
and the department head or de igna.ted representative determines that
an employer vehicle is availa le for the employee's use but the employee
desires to use his/her own au omobile, then tfie employee shall be reim-
� bursed at the rate of 15� per mile driv�n and shall not be eligible far
any per diem.
28.3 The City will provide parking at the Civic Center Parking Ramg for Cit}r
employees on either of the ab ve mentioned tyges of reimbursement plans
who are required to have thei persona.l car available for City business.
Such parking wi11 be provided only for the days the employee is required
to have his or her own perso 1 car available.
28.4 Rules and Regulations: The yor shall adopt rules and regulations
governing the procedures for utomobile reimbursement, which regulations
and rules shall contain the r uirement that recipients shall file daily
reports indicating miles driv n and shall file montfily affidavits stating
the number of days worked and the number of miles driven, and further
require tfiat they maintain au omobile liability insurance in amounts of
not less t�an $100,000/$300,Q 0 for personal in�ury, and $25,400 for
property damage, or liability insurance in amounts not less than $300,OQ0
single limit coverage, with t City of Saint Paul named as an additional
insured. These rules and reg ations, togethar with the amendment thereto,
shall be maintained on file wi h the city clerk.
- 3 -
ARTICLE XXX - DURATION AND PLEDGE
30.1 This AGREEMENT shall become effe tive as of the date of signing,
except as specificalTy provided therwise in Articles 12 and 13,
and shall remain in effect throu h the 30th day of April, 1981,
and continue in effect from year to year thereafter unless
notice to change or to terminate is given in the manner provided
in 30.2.
30.2 If either party desires to termi te or modify this AGREEMENT,
effective as of the date of expi ation, the party wishing to
modify or terminate the AGREEME shall give written notice to
the other party, not more than n nety (90) or less than sixty (60}
calendar days prior to the expir tion date, provided, that the
AGREEMENT may only be so termina ed or modified effective as of
the expiration date.
30.3 In consideration of the terms an conditions of employment estab-
lished by this AGREEMENT and the ecognition that the GRIEVANCE
PROCEDURE herein established is t e means by which grievances con-
cerning its application or interp etation may be peacefully resolved,
the parties hereby pledge that du ing the term af the AGREEMENT:
30.31 The UNION and the employe s will not engage in,
instigate, or condone any concerted action in
wflich employees fail to r port for duty, w�ll-
fully absent thamselves f om work, stop work,
slow down their work, or bsent themselves in
whole or part from the fu 1, faithful perfor-
mance of their duties of r�ployment.
- 3 -
ARTICLE XXX - DUR.ATION AND PLEDGE (con inued)
30.32 The E�2iPL0YER will not eng ge in, instigate,
of condone any lock-out o employees.
30.33 This constitutes a tentat ve agree�ent between
the parties which will be recommended by the
City Negotiator, but is s bject to the approval
of the Administration of he City, the City
� Council and is �1so subje t to ratification by the
Association. :
AGREED to this 29th day of July , 1980, and attested to as the
full and complete understanding of the parties for the period of time herein
specified by the signature of the fo11 w�ng representative for the EMF'LOYER
and the ASSOCIATION:
WITNESSES:
SHEET METAL WORKERS INTERNATIONAL
CITY OF SAINT PAUL �1SSOCIATION, LOCAL 76
' ' �� / C��'���
Lab r e a ns Dir or usin s Manager
Civil Service Commission
- 34 -
APPENDLX A
The classes of positions rec gnized by the II�LOYER is being exclusiveZy
represented by the UNION are as f llows:
Sheet Metal Worker - Foreman,
Sheet MeCa1 Worker
Apprentice,
Sheet Metal Inspec or;
and other classes of positions t t may be established by the II�LOYER
where the duties and responsibili ies assigned comes within the �urisdiction
of the IJNION.
_ � _
APPENDIX B
Tool Box
G]hitney, Small
Cresent Wrench or set of Open End Wrenches
Center Purches
Hacksaw Frame
Chisels
Small Hand Tongs
6' Folding Rule
Screw Driver
Scratch Awls
Pliers
Snips, Straight-aviati n L and R
Hammers (Tinners)
Dolly Bar
•
Combination Square
Prick Punch
10' Tape
Dividers
- 1 -
APPENDIX C
The basic hourly wage rate for pr visienal, regular and probationary
employees appointed to the following c asses of positions and not receiving
the Fringe Benef its listed in Article 2.2 shall be:
Effective
May I, I98Q
Sheet Metal Worker . . . . . . . . . . . . . $13.76
Sheet Metal Worker - Foreman . . . . . . . . $14.91
Sheet Metal Inspector. . . . . . . . . . . . $14.9I
The basic hourly wage for tempora y ana emergency employees appointed
to the following classes of positions hall be:
Effective
May 1, 1980
Sheet Metal Worker . . . . . . . . . . . . . . $14.31
Sheet Metal Worker - Foreman . . . . . . . . $15.5I
Sheet Metal Inspector.. . . . . . . . . . . . . $15.51
Apprentice
0 - 6 months . . . . . . . . . . . 50y of Sheet Metal Worker rate
7 - 12 months . . . . . . . . . . . 55% of Sheet Metal Worker rate
13 - 18 months . . . . . . . . . . . 60% of Sheet MetaZ Worker rate
19 - 24 months . . . . . . . . . . . 65� of Sheet �ietal Worker rate
25 - 30 months . . . . . . . . . , 70% of Sheet Metal Worker rate
31 - 36 months . . . . . . . . . . . 757 of Sheet Aietal Worker rate
37 - 42 months . . . . . . . . . . . 80�6 of Sheet I�etaZ Worker rate
43 - 48 months . . . . . . . . . . . 90% of Sheet r�etal Worker rate
- C1 -
APPENDIX C (continued)
The basic hourly wage rate for regular employees appointed to the following
classes of positions who are receiv'ng the Fringe Benefits listed in Article 12.2
sha11 be:
Eff ective
rtay 1, 1980
Sheet Metal Worker . . . . . . . . . . . $12.92
Sheet Metal Worker - Foresan . . . . . . . $13.91
Sheet Metal Inspector. . . . . . . . . $13.78
Senior Mechanic Inspector - Sh et Metal . $14.44
- C2 -
t
APPENDIX D
Effective May 1, 1980 the EMPLOY R shall:
(1) contribute $ .79 per our for all hours worked by
participating employe s as defined in Articles 12.3,
12.4 and 12.5 of this AGREEMENT to a Welfare Fund.
(2) contribute $1.12 per our for all hours worked by
participating employe s as defined in Articles 12.3,
. 12.4, and 12.5 of thi AGREEMENT to a Pension Fund.
(3)� deduct $1.20 per hour for all hours worked from the
earsings of participa ing employees as defined in
Articles 12.3, 12.4 a d 12.5 of this AGREEMENT, and
forward to a Vacation Fund.
(4) contribute $ .08 per our for all hours worked by
participating employe as defined in Articles I2.3,
12.4 and 12.5 of this GREEMENT, to the Journeyman
and A renticeshi Tra nin Fund.
All contributions and deduct ons made in accordance with this Appendix
shall be forwarded to depositorie as directed by the UNION.
The II�'LOYER sha.11 establish Worl�an's Compensation and Unemployment
Compensation programs as required by Minnesota Statutes.
The EMPLOYER'S fringe benefi obligation to participating employees as
definad in Articles 12.3, 12.4 ad 12.5 is limited to the contributions and/or
deductions established by this AG EEMENT. The actual level of benefits pro-
vided to employees sha.11 be the r sponsibility of the Trustees of the various
funds to which the II�LOYER has f rwarded contributions and/or deductions.
- Dl -
---�.�-=� G`�r1'�Y ��+` ►��"� _�:?'*��.�' ���UL" .
;` f���` �`��;_ OF'F,ZCL; �"F �'rii�, �,I_�'�' CO�tiCTx.
, ,, L ,-�. ���..�.�.�
t� :' �:\ � :1 �._� .
.• t ;,
i � : ` ,�
� � �:_ � Da t e ; August 21 , 1980
, _ -.��
:�,
C � I��� ��� ���� � � � �. � � �� � -
?' � : �ain� Pca�l �it� �� ���i � ��:
FR� � = CQi�Tlli!'�t�'�`�� Oi'! FINAN E, MANRGEMENT & PERSQNNEL
George P�cMahon ; �haifrnar�, m��ces �PY�� ��lia+f�inc�
repe�rT �r� f:. �'. � t��di�i���;�e
� _ {8) � ��sotc��ic�n _
� " � � ��t�ef° . -
�' 1�' L� :
, � .
At its meeting of August 21 , 1980, the inance Committee recorr�nended approval
_ _ of the fol l owi ng: . --
� 1 . Resolution allowing S�lective Clea ance Program to be closed out in CD Year's III,
IV, and V and the Rice-Marion proj ct to 6e completed in CD Year II. (i1282=GM}
2. Resolution establishing title of D plicating Shop Manager in Grade 32, Section 3.L
(Technical -Group) and class specifications in Sec. 32, Civi1 Service Rules. (11145-GM)
� 3. �esolution establishing� title of P oject Management Technician in Grade 3Q; "
Section 3.L (Technical Group) and lass specification in Sec. �32, Civil �
Servace Rules. (1]182-GM)
` 4. Resolution approving 1980 Maintena ce Labor Agreement between City and Sheet
Metal Workers Local 76. (11226-GM) �
5. Resolution approving 1980 Maintena ce Labor Agreement betwe.en City and
Fipefitters Local No. 455. (11227 GM)
6. Resolution approving 1980 Agreemen between Ci�y and Plumbers Loca1 No. 34.
(11228-GM)
7. Resolution approving 1980-1981 Mai tenance Labor Agreement between City and
Elevator Constructors, Local No. 9. (11229-GP•1) :
8. Resolution abolishing title of Senior Mechanical Inspector and establishing new
titles of Senior Mechanical Inspec or-Sheet Meta1 and Senior Mechanical _
Inspector-Pipefitter. (11230-GM)
(CONTINUED)
�fTY i��.L S6�'ENTH FLOOR SAItiT PAUL, i\-fI\�'ES0��1 5�10�
.:�s
Do no# detach this memor dum from the .
resolution so that this inform tion will be
availabie to the City Councii.
EXPLANATION OF AD NISTRATIVE ORDERS, �����
RESOLUTIONS ORDINANCES
Date: July 24, 1980
�ECE6 'r� E �
T0: MAYOR GEORGE LATIMER � .IUL� � ����
FR: Personnel Of f ice �Y�,g �
RE: Resolution for submission to City Cou cil
ACTION REQUESTED
We recommend your approval and submission of this Resolution to the City Council.
PURPOSE AND RA.TIONALE FOR THIS ACTION:
This Resolution approves the 1980 Mai.nten nce Labor Agreement between the City
and the Sheet Metal Workers Local 76.
This one year Agreement provides a total ckage increase of $1. 89 per hour. This
is distributed with $1. 61 going on the base ate and the remaining 28� going i.nto fri.nges.
This total package increase is based on the outside union contract. ,
The residency language has been deleted d replaced with the provisions of the current
resolution regarding residency.
ATTACHI�IENTS:
Resolution and copy for City Clerk and co of Agreement.