274448 �
WHITE - CITV CLERK COUIICII ���'��
PINK - -- �INANCE GITY OF SAINT PALTL
CANARV - DEPARTMENT
BLUE - MAVOR File NO.
Co�ncil Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
An administrative Resolution approving the terms and
conditions of a 1979-1980-1981 Maintenance Labor
Agreement between the City of St. Paul and the Boiler-
makers Union, Lodge 647.
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 Boilermakers Union, Lodge 647, as
exclusive repre sentative for those clas se s of positions within the City of St.
Paul certified by the Bureau of Mediation Services under Case No. 73-PR-60-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 de signated repre sentative s, and the exclusive
� representatives have met in good faith and negotiated the terms and conditions of
employment for the period July 19, 1979, through July 18, 1982, for such personnel
as are set forth in the Agreement between the City of St. Paul and the exclusive
representatives; and
WHEREAS, the 1979-1980-1981 Agreement has been reached which i.ncludes
a wage adjustment retroactive to July 19, 1979; now, therefore be it
-1-
COUNCILMEN
Yeas Nays Requested by Department of:
Butler [n Favor
Hozza
Hunt
Levine _ Against BY --
Maddox
Showalter
Tedesco Form Approved by City Attorney
Adopted by Council: Date
Certified Yassed by Council Secretary BY
By
Approved hy :Vlavor: Date _ Approved by Mayor for Submission to Council
By _ By
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WHITE - CITV CLERK �/.��y{ /�7+,�
P1NJC - *INANCE COIIIICIl 1�� •A�~K.�
CANARV - DEPARTMENT GITY OF SAINT PAUL � �
BLUE - MAYOR File NO.
Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, that the Maintenance Labor Agreement, cited above,
dated as of the effective date of this Resolution, between the City of St.
Paul and the Boilermakers Union, Lodge 647, 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:
`-'� ,.--._.
��� airma
� Civil Se vic Commission
COUNCILMEN Requested by Department oE:
Yeas Nays pERSONNEL OFFIC
R,��t�°J'l��l � In Favor
-�1t (�
Levine _ __ Against BY
Maddox
Showalter (1
TedesCO �EB � 9 ���U Form pproved b ify tto n
Adopted by Council: Date
Certified a_.,- by Counci cr By �
FEB 21 1980 Appr d by Mayor for m sion to Council
61pp by :Vlavor: Da
By BY �!
�9ttSK�D MAR 1 i980
��. ,F��. ` '
� Do not detach this memorandurni frcxn the 1 ����� � �
'p resolution so•that this tnformation wi11 be . . tr;
�' availabie to the City Councii• ' �����
` [ EXPLANAT10it OF A3'�INI8TRAT�'i� 01tDBRS _£
. � • SQL�IONS, Alf� ORD� . 3 - � '
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l�aate: Jant�azY $s 1980 � , i�� 3��
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� � ' �Y�`S.0��7CE •
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�0: MAYOR GEORGE I.�lTIMER
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; �R: Personnel Office .
�t8: Resalution for submission to Git� Council
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�iCT�4N RE�UESTED �
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�Te rec+ommend your approval and submissiaa s�f thfs B►esolution to tt�e City Coeu�i;l. .
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�!�UR�OSB AND RATIONALE FOR '1'�iIS ACTION:
�
; T'hi� Resolution agproves a "Maiateaance Labar Agreerne�nit" �en t�e -,
i C,ity of St. Paul and the Boilermak�er� Union, Lodge'�To, 64?. � �
� '�'hie Agree�ent calls for a 1.125:a.a houx iricreas,e in �ta�. pa.c,�a�.
; $eca�tse of a large arnount of sick leave used by me�ibers of th�ts ���� :
� va�t dstri.ng the'pa�t ge�r, there is no increase ' tih.e ba.�e rate fc��34`fi�. .
� T'he total paCkage will be i.ncrea.sed 1. 1'"b per h� in 1980 �nd 1. 15 p�r 1�at�
j ;�a' 1 q$1. The distrihution af the 1980 aad 19$1 increase s��►i31 be det��r��t�
� ' wheu the coet of �he 1980 aaid 1�81 fringes are kaoara.' Theee tc�t�l. gaCka� "
! increase s are based ou the outs.ide �aion e�ttlement. - "
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� ATTA�S: �,;.
� Resol.kstian, A�iainteaance Labo� �gseas�sr�, '�d cc�py'far-Ci�r Clerk. ` `
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1979 - 1980 - 1981
MA.INTENANCE LABOR AGREEMENT
- between -
THE CITY OF SAINT PAUL
- and -
INTERNATIONAL BROTHERHOOD OF BOILERMAKERS,
IRO1�' SHIPBUILDERS, BI.KCKSMITHS, FORGERS AND HELPERS,
LODGE 647
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ARTICLE TITLE PAGE
Preamble iii
I Purpose 1
II Recognition 2
III Employer Rights 3
IV Union Rights 4
V Scopa of Agreement 5
VI Probationary Periods 6
VII Philosophy of Employiuent and Campensation 7
VIII Hours of Work 8
IX Overtime 9
X Call. Back 10
RI Work Location 11
XII Wages 12
XIII Fringe Benefits 14
XIV Selection of Foreman and General �'oreman Z5
RV Retirement 16
RVI Holidays 17
XVII Disciplinary Procedures 18
XVIII Absences From Work 19
XIX Senioritp 20
XX Jurisdiction 21
XXI Separation 22
XXII Tools 23
XXIII Grievance Procedure 24
XXIV Right of Subcontract 29
XXV Non-Discrimination 30
XXVI Severability 31
XXVII Waiver 32
XXVIII City Mileage Plan 33
XXIX Duration and Pledge 34
Appendix A A1
Appendix B B1
Appendi.x C C1
Appendix D D1
- ii -
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P R E A M B L E
This AGREEMENT is entered into between the City of Saint Paul,
hereinafter referred to as the ENf�'LOYER and the International Brotherhood
of Boilermakers, Iron Shipbuilders, Blacksmiths, and Helpers, Lodge 647,
hereinafter referred to as the UNION.
The EMPLOYER and the UNION concur that this AGREEMIIdT has as its
objective the promotion of the responsibilities of the City of 3aint Paul
for the benefit of the general public through effective labor-rmanagement
cooperation.
The E[�'LOYER and the UNION both realize that this goal depends
not only on the words in the AGREIIKENT but rather primarily on attitudes
between people at all levels 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 - PURP4SE
1.1 The II�LOYER and the UNION agree that the purpose for entering into
this AGREEMENT is to:
1. 11 Achieve orderly and peaceful relations, thereby
establishing a system of uninterrupted operations
and the highest level of employee performance that
.is consistent with the safety and well-being of all
concerned;
1.12 Set forth rates c►f pay, hours of work, and other
conditions of employment as have been agreed upon
by the IIKPLOYER and the UNION;
1.13 Establish procedures to orderly and peacefully resolve
disputes as to the application or interpretation of
this AGREEMENT without loss of ma.npower productivity.
1.2 The E1�LOYER and the UNION agree that this AGREEMII3T serves as a
supplement to legislation that creates and directs the E1�LOYER. If •
any part of this AGREEMENT is in conflict with such legislation, the
latter shall prevail. The parties, on written notice, agree to
negotiate that part in conflict so that it conforms to the statute
as provided by Article 26 (SEVERABILITY) .
- 1 -
ARTICLE II - RECOGNITION
2.1 The II�LOYER recognizes the UNION as the exclusive representative
for collective bargaining purposes for all personnel having an
employment status of regular, probationary, provisional, temporary,
and emergency employed in the classes of positions defined in 2.2
as certified by the Bureau of Mediation Services in accordance wit�
Case No. 74-PR-60-A dated August 8, 1973.
2.2 The classes of positions recognized as being exclusively represented
by the UNION are as listed in Appendix A.
- 2 -
ARTICLE III - II�LOYER RIGHTS
3.1 The II�LOYER retains the right to operate and manage all manpower,
facilities, and equipment; to establish functions and programs;
to set and amend budgets; to determine the utilization of technology;
to establish and modify the organizational structure; to select,
direct, and determine the number of personnel; and to perform any
inherent managerial function not specifically limited by this
AGREEMENT.
3.2 Any "term or condition of employment" not established by this
AGREEMENT shall remain with the II�LOYER to eliminate, modify, or
establish following written notification to the UNION.
- 3 - .
ARTICLE IV - UNION RIGHTS
4.1 The F.NIl'LOYER 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 II�II'LOYER shall not deduct dues from the wages of
employees covered by this AGREIIrIENT for any other
labor organization.
4.12 The UNION shall indemnify and save harmless the
ENff'LOYER from any and all claims or charges made
against the Et�LOYER as a result of the imglementation
of this ARTICLE.
4.2 The L'NION may desigaate one (1) employee from the bargaining unit
� to act as a Steward and shall inform the II�LOYER in writing of such
designation. Such employee shall have the rights and responsibilities
as designated in Article 23 (GRIEVANCE PROCIDURE) .
4.3 Upon notification to a designated IIKPLOYER supervisor, the Business
Manager of the UNION, or his designated representative shall be
permitted to enter the facilities of the E�'�IPLOYER where employees
covered by this AGREEMENT are working.
- 4 -
ARTICLE V - SCOPE OF THE AGREEMENT
5.1 This AGREEMENT establishes the "terms and conditions of employment"
defined by M.S. 179.63, Subd. 18 for all employees exclusively
represented by the UNION. This AGREEMEPIT shall supercede such
"terms and conditions of employment" established by Civil Service
Rule, Council Ordinance, and Council Resolution.
�
- 5 -
ARTICLE VI - PROBATIONARY PERIODS
6.1 All personnel, originally hired or rehired following separation, in a
regular employment status shall serve a six {6) month's probationary
period during which time the employee's fitness and ability to perform
the class of positions' duties and responsibilities shall be evaluated.
6.11 At any time during the probationary period an
employee may be terminated at the discretion of the
Employer without appeal to the provisions of
Article 23 (GRIEVANCE PROCIDURE) . -
6.12 An employee terminated during the probationary period
shall receive a written notice of the reasoa(s) for
such termiaation, a copy of which shall be sent to the
UNION.
6.2 All personnel pramoted to a higher class of positions shall serve a �
six (6) months' promotional probationary period during which time
the employee's fitness and ability to perform the class of positions'
duties and responsibilities sha11 be evaluated.
6.21 At any time durin� the promotional probationary period
an employee may be demoted to the employee's
previously held class of positions at the discretion of
the II�LOYER without appeal to the provisions of
Article 23 (GRIEVANCE PROCIDURE) .
6.22 An employee demoted during the promotional probationary
period shall be returned to the employee's previously
held class of positions and shall receive a written notice
of the reasons for demotion, a copy of which shall be sent
to the UNION.
- 6 -
ARTICLE VII - PHILOSOPHY OF F1+�I'PLOYMENT AND COMPENSATION
7.1 The F.MPLOYER and the UNION are in full agreement that the
philosophy of employment and compensation shall be a "cash"
hourly wage and "industry" fringe benefit system.
7.2 The II�LOYER shall compensate employees for all hours worked
at the basic hourly wage rate and hourly fringe benefit rate as
found in Articles 12 (WAGES) and 13 (FRINGE BENEFITS) .
7.3 No other compensation or fringe benefit shall be accumulated or
earned by an employee except as specifically provided for in this
AGREEMENT; except those employees who have individually optioned
to be "grandfathered" as provided by 12.2.
- 7 -
ARTICLE VIII - HOURS OF WORK
8.1 The normal work day shall be eight (8) consecutive hours per day,
excluding a thirty (30) minute unpaid lunch period, between 7:00
a.m. and 5:30 p.m.
8.2 The normal work week shall be five (5) consecutive normal work days,
Moaday through Friday.
8.3 If, during the term of this AGREEMENT, it is necessary in the IIKPLOYER'S
judgment to establish second and third shifts or a work week of other
than Monday through Friday, the UNION agrees ta 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 EMPLOYER 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 -
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ARTICLE IX - OVERTIME � �
9.1 All overtime compensated for by the EMPLOYER must receive prior authori-
2ation from a designated EMPLOYER supervisor. No overtime work claim will
be honored for payment or credit unless approved in advance. An overtime
claim will not be honored, even though shown on the time card, unless the
required advance approval has been obtained.
9.2 The overtime rate of one and one-half (1�) the basic hourly rate shall be
paid for work performed under the following circumstances:
9.21 Time worked in excess of eight (8) hours in any one
norma.l wark 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 work performed under the following circumstances:
9.31 Time worked on a holiday as defined 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" shall 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 fo.r the same hours worked.
9.5 Overtime haurs worked as provided by this ARTICLE shall be paid in cash.
- 9 -
ARTICLE X - CALL BACK
10. 1 The II�LOYER 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 normal 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 mini.mum 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
11. 1 Employees shall report to work location as assigned by a designated
II�LOYER supervisor. During the normal work day employees may be
assigned to other work locations at the discretion of the II�LOYER.
11.2 Employees assigned to work locations during the normal work day,
other than their original assignment, and who are required to furnish
their own transportation shall be compensated for mileage.
- 11 -
ARTICLE XII - WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be paid
for all hours worked by an employee.
12.2 Employees who are covered by the fringe benefits listed below shall continue
to be covered by such benefits. They shall be subject to all other pro-
visions of the AGRE .F'�ifENT, but shall not have hourly fringe benefit contri-
butions and/or deductions made on their behalf as provided for by Article
13 (FRINGE BENEFITS).
12.21 Insurance benefits as established by City of Saint Paul
Resolutions.
12.22 Sick Leave as established by Resolution No. 3250,
Section 20.
12.23 Vacation as established by Resolution No. 6446,
Section 1, Subdivision H.
12.24 Nine (9) legal holidays as established by Resolution
No. 6446, Section 1, Subdivision I.
12.25 Severance benefits as established by Resolution No.
11490 with a maximum payment of $4,000.
12.26 The F.MPLOYER will for the period of this AGREEMENT
provide for II�LOYEES working under the title of General
Blacksmith who retire after February 25, 1977, and
until such II�LOYEES reach sixty-five (65) years of
age such health insurance benefits as are provided by
the F1�IPLOYIIt.
12.27 In order to be eligible for the benefits under the
provision of 12.26 the II�IPLOYEE must:
12.27.1 Be receiving benefits from a public employee
retiree act at the time of retirement.
12.27.2 Have severed his relationship with the City of
Saint Paul under one of the early retiree plans.
- 12 -
ARTICLE XII - WAGES (continued) �
12.3 Regular employees not covered by the fringe benefits listed in Article
12.2 shall be considered, for the purposes of this AGREEMENT, participating
employees and shall be compensated in accordance with Article 12.1 (WAGES)
and have fringe benefit contributions and/or deductions made on their
behalf as provided for by Article 13 (FRINGE BENEFITS) .
12.4 Provisional, temporary, and eme��cy employees shall be considered, for
the purposes of this AGREEMENT, participating employees and shall be
compensated in accordance with Article 12.1 (WAGES) and have fringe
benefit contributions and/or deductions ma.de in their behalf as provided
for by Article 13 (FRINGE BENEFITS) .
12.5 All regular employees employed after February 15, 1974, shall be
�
considered, for the purpose of this AGREEMENT, participating employees
and shall be compensated in accordance with Article 12.1 (WAGES) and
have fringe benefit contributions and/or deductions made on their behalf
� as provided for by Article 13 (FRINGE BENEFITS) . .
- 13 -
ARTICLE XIII - FRINGE BENEFITS
13.1 The IIKPLOYER shall make contributions on behalf of and/or make
deductions from the wages of employees covered by this AGREEMENT
in accordance with Appendix D for aIl hours worked.
- 14 -
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A.RTICLE XIV - SELECTION OF FOREMAN AND GENER.AL FOREMAN
14.1 The selection of personnel for the class of position Foreman
shall remain solely with the II�LOYER.
14.2 The class of position Foreman shall be filled by employees of
the bargaining unit on a "temporary assignment".
14.3 Such "temporary assignments" 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-five (65) years old.
- 16 -
ARTICLE XVI - HOLIDAYS
16. 1 The following nine (9) days shall be designated as holidays:
New Year's Day, January 1
President's Day, Third Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, first Monday in September
Columbus Day, second Monday in October
Veteran's Day, November 11
Thanksgiving Day, fourth Thursday in November
Christmas Day, December 25
16.2 When New Year's Day, Independence Day ar Christmas Day falls on a
Sunday, the following Monday shall be considered the desigaated
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.
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16.4 If, in the judgment of the FMPLOYER, personnel are necessary for
operating or emergency reasons, employees may be scheduled or
"called back" in accordance with Article ZO (CALL BACK) .
16.5 Employees working on a designated holiday shall be compensated at the
rate of two (2) times the basic hourly rate for all hours worked.
- 17 -
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ARTICLE XVII - DISCIPLINARY PROCEDURES -
17.1 The EMPLOYER shall have the right to impose disciplinary actions on
employees for just cause.
17.2 Disciplinary actions by the II�iPLOYER shall include only the following
actionsc
17.21 Oral reprimand
17.22 Written reprimand
17.23 . Suspension
17.24 Demo�ion
17.25 Discharge
17.3 Employees who are suspended, demoted, or discharged shall have the right
to request that such actions be reviewed by the Civil Service Commission
or a designated Board of Review. The Civil Service Commission, or a
designated Board of Review, shall be the 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 PROCIDURE) . ,
- 18 -
ARTICLE XVIII - ABSENCES FROM WORK
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 without notification for three (3)
consecutive normal work days may be considered a "quit" by the
EMPLOYER on the part of the employee.
- 19 -
ARTICLE XIX - SENIORITY
19.1 Seniority for the purposes of this AGREEMENT, shall be defined as
follows:
19. 11 "Master Seniority" - the length of continuous regular
and probationary service with the II�LOYER from the
last date of employment in any and all class titles
covered by this AGREEMENT.
19.12 "Class Seniority" - the length of continuous regular
and probationary service with the El�LOYER from the
date an employee was first appointed to a class title
� covered by this AGREEMENT.
19.2 Seniority shall not accumulate during an unpaid leave of absence,
except when such a leave is granted for a period of less than thirty
(30) calendar days; is granted because of illness or in�ury; is
granted to all.ow an employee to accept an appointment to the
unclassified service of the II�LOYER or to an elected or appointed
, 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 F.[�LQYER that it is necessary to
reduce the work force employees will be laid off by class title within
each Department based on inverse length of "Class Seniority". Employees
laid off shall have the right to reinstatement in any lower-paid class
title, provided, employee has greater "Master Seniority" than the
employee being replaced.
19.5 The selection of vacation periods shall be made by class title based on
length of "Class Seniority", subject to the approval of the II�LOYER.
- 20 -
ARTICLE XX - JURISDICTION
20.1 Disputes concerning work jurisdiction between and among unions is
recognized as an appropriate subject for determination by the various
unions representing employees of the II�LOYER.
20.2 The II�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 II�LOYER shall meet as soon as mutually
possible to resolve the dispute. Nothing in the foregoing shall restrict
the right of the II�LOYER to accomplish the work as originally assigned
pending resolution of the dispute or to restrict the EL�LOYER'S basic
right to assign work.
20.4 Any employee refusing to perform work assigned by the II�PLOYER. and as
clarified by Sections 20.2 and 20.3 above shall be subject to disciplinary
action as provided in Article 17 (DISCIPLINARY PROCIDURES) .
20.5 There shall be no work stoppage, slow down, or any disruption of work
resulting from a work assignment.
- 21 -
ARTICLE XXI - SEPARATION
21.1 Employees having a probationary or regular employment status shall
be considered separated from employment based on the following
sections: �
21.i1 Resignation. Employees resigning from employment
shall give written notice fourteen (14) calendar
days prior to the effective date of the resignation.
2I.12 � Retirement. As provided i.n Article 15.
21.13 Discharge. As provided in Article 17.
21.14 Failure to Report for Duty. As provided in Article 18.
21.2 Employees having an emergency, temporary, or provisional employment
status may be terminated at the discretion of the El+�'LOYER before the
completion of a normal work day.
- 22 -
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ARTICLE XXIII - GRIEVANCE PROCEDURE
23.1 The II�LOYER shall recognize Stewards selected in accordance with UNION
rules and regulations as the grievance representative of the bargaining
unit. The UNION shall notify the EMPLOYER in writing of the names of
the Stewards and of their successors when so named.
23.2 It is recognized and accepted by the F�IPLOYER and the UNION that the
processing of grievances as hereinafter provided is limited by the job
duties and responsibilities of the employees and shall therefore by
accompZished during working hours only when consistent with such
employee duties and responsibilities. The Steward iuvolved and a
grieving employee shall suffer no loss in pay when a grievance is pro-
cessed during working hours, provided, the Steward and the employee
have notified and received the approval of their supervisor to be
absent to process a grievance and that such absence would not be
detrimental to the work programs of the II�LOYER.
23.3 The procedure established by this ARTICLE shall be the sole and exclusive
procedure, except for the appeal of disciplinary action as provided by
17.3, for the processing o£ grievances, which are defined as an alleged
violation of the terms and conditions of this AGREEMEI�TT.
23.4 Grievances shall be resolved in conformance with the following procedure:
Step 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
- 24 -
ARTICLE XXIII - GREIVANCE PROCEDIIRE (continued)
employee's supervisor. If the matter is not resolved to
the employee's satisfaction by the informal discussion
it may be reduced to writing and referred to Step 2 by
the UNION. The written grievance shall set forth the
nature of the grievance, the facts on which it is based,
the alleged section(s) of the AGREEMENT violated, and
the relief requested. Any alleged violation of the
AGREEMENT not reduced to writing by the UNION 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 ha.ve had knowledge of the
first occurrence of the eveat giving rise to the
grievance, shall be considered waived.
Step 2. Within seven (7) calendar days after receiving the
written grievance a designated F2�IPLOYER 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�LOYER'S written answer. Any grievance not referred
in writing by the UNION within seven (7) calendar days
following receipt of the IIKPLOYER'S answer shall be
considered waived.
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ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
Step 3. Within seven (7) calendar days following receipt of
a grievance referred from Step 2 a designated EMPLOYER
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 ENIPLOYER shal� reply in writing to the
UNION stating the ENIPLOYER'S answer concerning the
grievance. If, as a result of the written response
the grievance remains unresolved, the UNION 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 follawing receipt of the II�LOYER'S
answer shall be considered waived.
Step 4. If the grievance rema.ins unresolved, the UNION
may within seven (7) calendar days after the response of
the II�LOYER in Step 3, by written notice to the IIKPLOYER,
request arbitration of the grievance. The arbitration
proceedings shall be conducted by an arbitrator to be
selected by mutual agreement of the IIKPLOYER and the
UNION within seven (7) calendar days after notice has
been given. If the parties fail to mutually agree upon
an arbitrator within the said seven (7) day period,
either party may request the Public Employment Relation
Board to submit a panel of five (5) arbitrators. Both
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ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
the EMPLOYER and the UNION shall have the right to
strike two (2) names from the panel. The UNION shall
strike the first (lst) name; the F.NIl'LOYER shall then
strike one (1) name. The process 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 AGREEMENT. The
arbitrator shall consider and decide only the specific issue submitted
in writing by the IIKPLOYER and the UNION and shall have no authority
to make a decision on any other issue not so submitted. The
arbitrator shall be without power to make decisions contrary to or
inconsistent with or modifying or varying in any way the application
of laws, rules, or regulations having the force and effect of law.
The arbitrator's decision shall be submitted in writing within
thirty (30) days following close of the hearing or the submission
of briefs by the parties, whichever be later, unless the parties
agree to an extension. The decision shall be based solely on
the arbitrator's interpretation or application of the express
terms of this AGREII�IENT and to the facts of the grievance
presented. The decision of the arbitrator shall be final and
binding on the II�LOYER, the UNION and the employees.
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ARTICLE XXIII - GRIEVANE PROCEDURE (continued)
23.6 The fees and expenses for the arbitrator's services and proceedings
shall be borne equally by the II�iPLOYER 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.
23.7 The time limits in each step of this procedure may be extended by
mutual agreement of the II�LOYER and the UNION.
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ARTICLE XXIV - RIGHT OF SUBCONTRACT
24.1 The II�LOYER may, at any time during the duration of this AGREEMENT,
contract out work done by the employees covered by this AGREEMENT.
In the event that such contracting would result in a reduction of
the work force covered by this AGREEMENT, the EMPLOYER shall give
the UNION a ninety (90) calendar day notice of the intention to
sub-contract.
24.2 The sub-contracting of work done by the employees eovered by this
AGREEMENT sha11 in all cases by made only to employees who qualify
in accordance with Ordinance No. 14013.
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ARTICLE XXV - NON-DISCRIMINATION
25.1 The terms and conditions of this AGREEMENT will be applied to
employees equally without regard to, or discrimination for or
against, any individual because of race, color, creed, sex,
age, or because of inembership or non-�membership in the-UNION.
25.2 Employees will perform their duties and responsibilities in a
non-discriminatroy manner as such duties and responsibilities
involve other employees and the general public.
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ARTICLE XXVI - SEVERABILITY
26.1 In the event that any provisions(s) of this AGREEMENT is declared
to be contrary to law by proper legislative, administrative, or
�udicial authority from whose finding, determination, or decree
no appeal is taken, such provision(s) shall be voided. All other
provisions shall continue in full force and effect.
26.2 The parties agree to, upon written notice, enter into negotiations
to place the voided provisions of the AGREEMENT in compliance with
the legislative, administrative, or �udicial determination.
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ARTI�LE XXVII - WAIVER
27. 1 The II�LOYER and the UNION acknowledge that during the meeting
and negotiating which resulted in this AGREEMENT, each had the
right and opportunity to make proposals with respect to any
subject concerning the terms and conditions of employment. The
agreements and understandings reached by the parties after the
exercise of this right are fully and completely set forth in
this AGREII�NT.
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 conditions of employment
whether specifically covered or not specifically covered by this
AGREII�NT. The UDIION and the F�IPLQYER may, however, mutuallq 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.
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ARTICLE XXVIII - CITY MILEAGE
28.1 Automobiles Reimbursement Authorized: Pursuant to Chagter 92A of the
Saint Paul Legislative Code, as amended, pertaining to reimbursement of City
officers and employees for the use of their own automobiles in the
performance of their duties, the following provisions are adopted.
28.2 Method of Computation: To be eligible for such reimbursement, all off icers
and employees must receive written authorization from the Department Head.
If an employee is required to use his/her own automobile during employment
and the department head or designated representative determines that no
employer vehicle is available for the employee's use, the employee shall
then be reimbursed at the rate of 17� per mile driven.
If an employee is required to use his/her own automobile during emplopment
and the department head or designa.ted representative determines that
an employer vehicle is available for the employee's use but the
employee desires to use his own automobile, then the employee shall
be reimbursed at the rate of 14� per mile driven.
The City will provide parking at the Civic Center Parking Ramp for City
employees 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.
28.3 Rules and Regulations: The Mayor shall adopt rules and regulations
governing the procedures for automobile reimbursement, which regulations
and rules shall contain the requirement that recipients shall file
daily reports indicating place of origin and destination and applicable
mileage ratings thereat and indicating total miles driven, and shall
f ile monthly affidavits stating the number of days worked and the
number of miles driven, and further required that they ma.intain
automobile liability insurance in amounts not less than $100,000/300,0�0
for personal injury, and $25,000 for property damage. These rules and
regulations, together with any amendments thereto, shall be maintained
on file with the City Clerk.
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ARTICLE XXIX - DURATION AND PLEDGE
29.1 This AGREEMENT shall become effective as of the date of signing,
except as specifically provided otherwise in Articles 12 and 13,
and shall remain in effect through the 18th 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
other party, not more than ninety (90) or less than sixty (60)
calendar days prior to the expiration date, provided, that the
AGREIIrIF�TT may only be so terminated or modified effective as
of the expiration date.
�
29.3 In consideration of the terms and conditions of employment
established by this AGREEMENT and the recogni.tion that the
GRIEVANCE PR�CEDURE 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 AGREEMENT:
29.31 The UNION and the employees wi.11 not engage in,
instigate, or condone any concerted action in
which employees fail to report for duty,
willfully absent themselves from work, stop work,
slow down their work, or absent themselves in
whole or part from the full, faithful performance
of their duties of employment. "
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ARTICLE XXIX - DURATION AND PLEDGE (continued)
29.32 The EMPLOYER 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 recommened by the City Negotiator,
bur is subject to the approval of the Administration of
the City and is .also subject to ratification by the
� UNION.
AGREID to this 5th day of November, 1979 and attested to as the
full and complete understanding of the parties for the period of time herein
specified bq the signature of the following representative for the EhIPLOYER
and the UNION:
WITNESSES:
INTERNATIONAL BROT'fiERH00D OF BOILERMAKERS,
IRON SHIPBUILDERS, BLACKSMITHS, FORGERS AND
CITY OF SAINT PAUL HELPERS, LODGE 647
. . i"�" /�'
�:/��L �2i•2- G , :�,
� L bor Relatio ' ec r Business Manage� '
,
(,l�jf� �� a�i�'�
Civil Service Co�nission
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APPENDIX A
The classes of positions recognized by the ENfPLOYER as being
exclusively represented by the UNION are as follows:
Boilermaker,
General Blacksmith;
and other classes of positions that may be established by the F.MPLOYER
where duties and responsibilities assigned comes within the jurisdiction
of the UNION.
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APPENDIX C .
The basic hourly wage rate for provisional, regular and probationary employees
appointed to the following classes of positions shall be:
Effective Effective Effective
Juiy 19, 1979 Juiy 19, 1980 July 19, 1981
Boilermaker $12.38 $13.34 $14.39
General Blacksmith $12.38 $13.34 $14.39
The basic hourly wage rate for temporary and emergency employees appainted to
the following classes of positions shall be:
Effective Effective Effective
Juiy 19, 1979 July 19, 1980 July 19, 1981
Boilermaker $12.87 $I3.87 $14.97
General Blacksmith $12.87 $13.87 $14.97
Apprentice
0 - 6 months . . . . . . . . . . 70% of Boilermaker rate
, 7 - 12 months . . . . . . . . . . 75% of Boilermaker rate
13 - 18 months . . . . . . . . . . 80X of Boilermaker rate
19 - 24 months . . . . . . . . . . 85� of Boilermaker rate
25 - 30 months . . . . . . . . . . 90% of Boilermaker rate
31 - 36 months . . . . . . . . . . 95� of Boilermaker rate
The basic hourly wage rate for regular employees appointed to the following
classes of positions, who are receiving the Fringe Benefits listed in Article
12.2 shall be:
Effective Effective Effective
July 19, 1979 July 19, 1980 July 19, 1981
General Blacksmith $10.37 * **
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� APPENDIX C (continued)
*The July 19, 1980, hourly wage rate in this contract will be the rate as
shown below less the cost of sick leave usage for 1979 and less the cost of
health and life insurance, holiday, pension and vacation for 1980 incurred
by the employer for employees in this bargaining unit.
General Blacksmith $16.395
**The July 19, 1981, hourly wage rate in this contract will be the rate as
shown below less the cost af sick leave usage for 1980 and less the cost of
health and life insurance, holiday, pension and vacation for 1981 incurred
by the employer for employees in this bargaining unit.
General Blacksmith $17.545
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APPENDIX D .
Effective July 19, 1979, the II�LOYER shall:
(1) contribute $1.275 per hour for all hours worked by
participating employees as defined in Articles 12.3,
12.4 and 12.5 of this AGREEMENT to a Health and
Welfare Fund.
Effective July 19, 1980, this Health and Welfare
contribution shall be increased ta $1.375 per hour.
' ` (2) contribute $1.00 per hour for all hours worked by
participating employees as defined in Articles 12.3,
12.4 and 12.5 of this AGREEMENT, to a Pension Fund.
Effective July 19, 1980, this Pension contribution
shall be increased to $1.10 per hour
Effective July 19, 1981, this Pension contribution
shall be increased to $1.15 per hour.
(3) contribute $ .05 per hour for all hours worked by
participating employees as defined in Articles 12.3,
12.4 and 12.5 of this AGREEMENT to a Journeyman
and Apprenticeship Training Fund.
Effective July 19, 1980, the employer shall deduct
, $ .25 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5
of this AGREEMENT. Monies deducted sha11 be forwarded
to the Union's Vacation Fund. Effective July 19, 1981
this Vacation deduction shall be increased to $ .50 per hour.
All contributions made in accordance with this Appendix shall be forwarded to
depositories as directed by the UNION.
The II�PLOYER shall establish Workman's Compensation and Unemployment Compensation
programs as required by Minnesota Statutes.
Participating employees as defined in Articles 12.3, 12.4 and 12.5 covered bp
this AGREEMEPdT, shall not be eligible for, governed by, or accumulate vacation,
sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that
are or may be established by Civil Service Rules, Council Ordinance, or Council
Resolutions.
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APPEI3DIX D (continued)
The EriPLOYER'S fringe benefit obligation to participating employees as
defined in Articles 12.3, 12.4 and 12.5 is limited to the contributions
and/or deductions established by this AGREEMENT. The actual level of
benefits provided to employees shall be the responsibility of the Trustees
of the various funds to which the II�LOYER has forwarded contributions
and/or deductions.
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