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273062 WHITE - CITV CLERK ��NqRiti•oEP RTMENT GITY OF SAINT PAUL Council �"���A�'� BLUE �� - MAVOR File NO• ouncil Resolution Presented By Referred To Committee: Date Out of Committee By Date An Administrative Resolution approving the terms and conditions of the 1978-1980 Labor Agreements between the City of St. Paul, Independent School District No. 625, and the International Association of Machinists and Aerospace Workers, District Lodge No. 77. 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 International Association of Machinists and Aerospace Workers, District Lodge No. 77, as exclusive representative for those classes of positions within the City of St. Paul certified by the Bureau of ' Mediation Services under Case No. 74-PR-77-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 Agreements between the City of St. Paul, Independent School District No. 625, and the exclusive representatives hereinabove referenced; and WHEREAS, the City of St. Paul and Independent School District No. 625, through designated representatives, and the exclusive representatives have met in good faith and negotiated the terms and conditions of employment for the period July 1, 1978, through June 30, 1981, for such personnel as are set forth in the Agreements between the City of 5t. Paul, Independent School District No. 625, and the exclusive representatives; and WHEREAS, 1978-1980 Agreements have been reached which include a wage adjustm nt retroactive to July 1, 1978, in accordance with the Arbitration Award; now, therefore, be it RESOLVED, that the Agreements, cited above, dated as of the effective date of this Resolution, between the City of St. Paul, Independent School District No. 625, and the International Association of Machinists and Aerospace Workers, - 1 - COUNCILMEI�t Requested by Department of: Yeas Nays Butler In Favor Hozza Hunt Levine __ Against BY Maddox Showalter TedesCO For Approv d by Cit orney Adopted by Council: Date Certified Yassed by Council Secretary BY By � /.lpproved by Ylavor. Date _ Appr d y Mayor for u m' sion to Council BY - BY WHITE — CITV CLERK (�/� P,I�NK r FINANCE COUIICIl �a� ,�I/ �^`—� :�.N�AR�!iDEPARTMENT GITY OF SAINT PALTL �....�! � • 1•�'-1 BLUE — MAVOR File NO. Council Resolution Presented By Referred To Committee: Date Out of Committee By Date - 2 - District Lodge No. 77, on file in the office of the City Clerk, are hereby approved, and the authorized administrative officials of the City are hereby authorized and directed to execute said Agreements on behalf of the City. Approved: � L � airman / Civi.l Service'�ommission COUNCILMEN Yeas Nays � Requested by Department of: Butler -`1 PERSONNEL OFFI Hozza �— �n Favor Hunt Levine _ � __ Against BY -- Maddox Showalter TedesCO MAY 3 1 1g7g Form pprov by City At orn Adopted by Council: Date _ Certified P •s by o .'1 S ta BY � , B� _ l�1p by Mavor: '���� �n.�.�T� App ved by Mayor for Sub 'ss'on�to Council By . B ����p ,�UN 9 1979 � / • �� 2 �`��F'? 1978 - 1979 - 1980 LABOR AGREEMENT . BETWEEN CITY OF SAINT PAUL, AND DISTRICT LODGE N0. 77 INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO . .' , INDEX ARTICLE TITLE PAGE I Recognition 1 ' II Definitions 2 III Maintenance of Standards 3 IV Check Off 4 V Union Rights 5 VI Management Rights 6 VII Discipline � VIII Hours, Overtime Pay $ IX � Tool Insurance and Clothing 9 X Jury Duty �0 XI Legal Services 11 XII City Mileage 12 XIII Insurance 13 XIV Holidays 14 RV Vacation �5 XVI Grievance Procedures 16 XVII Savings Clause 20 XVIII Severance Pay 2� RI% Residence 22 XX Wage Schedule 23 XXI Strikes, Lockouts, Work Interference 24 XRII Sick Leave , 25 XXIII Military Leave 26 XXIV Maternity Leave Z� XXV Safety Shoes 28 XXVI Duration and Effective Date 29 Appendix A A1 - ii - ♦ • THIS AGREEMENT BETWEEN THE CITY OF SAINT PAUL AND DISTRICT LODGE 4�77, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO. This agreement has been entered into between the City of Saint Paul, hereafter referred to as the IIKPLOYER, and District Lodge �77, International Association of Machinists and Aerospace Workers AFL-CIO, hereafter referred to as the UNION. This AGREEMENT has as its purposes, the promotion of harmonious relations between the II�LUYER and the UNION, the establishment of an equitable and peaceful procedure for � the resolution of differences and the establishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above ob3ectives in full compliance with the requirements of the Public Employment Labor Relations Act of the State of � Minnesota of 1971, as amended. - iii - ARTICLE I - RECOGNITION 1.1 The II�PLOYER recognizes the UNION as the sole and exclusive bargaining agent for the purposes of establishing wages, benefits, hours and other conditions of employment for all of its employees as outlined in the certification by the State of M�nnesota, Bureau of Mediation Services, dated August 15, 1973, in case No. 74-PR-77-A, and as set forth below: Al1 regular, probationary, and provisional vehicle and equipment maintenance personnel who are employed by the City of St. Paul or who have their "terms and conditions of employment" established by the governing body of the City of St. Paul in the classifications of Audio-Visual Equipment Repairman, Auto Body Repairman, Auto Body Repainnan Helper, Auto Washer, Equipment Repairman, Fire Equipment Serviceman, Machinist, Mechanic-Welder, Parking Meter Repairman, Tire Repairman, Traffic Signman, Utilityman, Utilityman I, Vehicle Mechanic, Vehicle Mechanic Leadworker, Vehicle Maintenance Worker (Heavy), " Vehicle Maintenance Worker (Light) and .Welder-Blacksmith, excluding supervisory, confidential, temporary, emergency and employees exclusively represented by other labor or employee organizations. 1.2 The parties agree that any new classificat3ons which are an expansion of the above bargaining unit or which derive from the classifications set forth in this agreement shall be recognized as a part of this bargaining unit, and the parties shall take all steps required under the Public Employment Relations Act to accomplish said objective. - 1 - ARTICLE II - DEFINITIONS 2.1 Collective Bargaining. The EMF'LOYER will bargain collectively with the U1�?ION with respect to rates of pay, hours and conditions pertaining to employment for all of the employees in the unit hereinbefore set forth. 2.2 Discrimination. The II�LOYER will not interfere with, restrain or coerce the employees covered by this AGREEMENT because of inembership in or activity on behalf of the UNION. The II�PLOYER will not discriminate in respect to hire, tenure of employment or any term or condition of employment against any employee covered by this AGREEMENT because of membership in or activity on behalf of the UNION, nor will it discourage or attempt to discourage membership in the UNION, or attempt to encourage : membership in another Union. 2.3 This AGREEMENT shall designate and define benefits with the exception of pension benefits that shall be granted to the employees by the ENIl'LOYER. If subsequent to this AGREEMENT, any governing body passes a provision which shall create a cost benefit for a employee in this unit, the cost of such benefit shall be paid by the employee until � such time as the responsibility of the cost is subsequently negotiated. This provision shall not compel either party to reopen negotiations . during the course of an existing contract. - - 2 - ARTICLE YII - MAINTENANCE OF STANDARDS 3.1 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and all other general working conditions shall be maintained at not less than the highest minimum standard as set forth in the PersonneZ Rules of the City of Saint Paul, (Resolution No. 3250) and Resolution No. 6446 at the time of the signing of this AGREEMENT, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this AGREEMENT. _ 3 _ ARTICLE IV - CHECK OFF 4.1 Dues. The F1�IPLOYER agrees to deduct the UNION membership dues once each month from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the ErIPLOYER by a representative of the UNION and the aggregate .deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 4.2 Fairshare. Any present or future employee who is not a UNION member shall be .required to contribute a fair share fee for services rendered by the UNION. Upon notification by the iNION, the II�LOYER shall check off said .fee from the earnings of the employee and transmit the same to the UNION. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the .representative in .relation'ship to negotiations and administration of grievance procedures. This provision shall remain operative only so long as specifically provided by Minnesota law and as otherwise _legal. . 4.3 The UNION will indemnify, defend and hold the II�PLOYER harmless against any claims and all suits, order or judgments brought or issued against the EhiPLOYER, its officers or employees, as a result of any action taken or not taken by the EMPLOYER under the provisions of this section. - 4 - ARTICLE V - UNION RIGHTS 5. 1 The UNTON may designate employees within the bargaining unit to serve as Union Stewards. 5.2 The UDTION shall furnish the EMPLOYER and appropriate department heads with a list of Stewards and alternates, and shall, as soon as possible, notify said appropriate City officials in writing of any changes thereto. Only those who are Officers and Stewards shall be recognized by the II�LOYER for the purpose of ineetings. - 5 - ARTICLE VI - MANAGII�IENT RIGHTS 6.1 The UNION recognizes the right of the F.I�LOYER to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the EMPLOYER has not officially abridged, delegated, or modified by this AGREEMENT are retained by the E[�LOYER. 6.2 A public employer is not required to meet and .negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the II�LOYER, its overall budget, utilization of technology, and organizational structure and selection and direction and number of � personnel. - 6 - ARTICLE VII - DISCIPLINE 7.1 The II�PLOYER will discipline employees for just cause only. Discipline �ill be in the form of: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. 7.2 A notice in writing of Suspensions, Reductions and Dis.charges shall be sent to the employee and the UNION within seventy-two (72) hours after such action is taken. 7.3 Employees and the UNION will receive copies of written reprimands and notices of suspension and discharge. 7.4 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or UNION may request, and shall be entitled to a meeting with the Employer Repre- � sentative who initiated the suspension with intent to discharge. During said five (5) day period, the II�LOYER may affirm the suspension � and discharge in accordance with Civil Service Rules or may modify, or withdraw same. 7.5 Grievances relating to this Article shall be processed in accordance with existing Civil Service procedures, except that oral and written reprimands shall be taken up in the grievance procedure under Article XVI. - 7 - � ARTICLE VIII - HOURS, OVERTIME PAY 8.1 Hours of Employment-- The normal work day and the normal work week shall be S hours excluding � hour for lunch in any twenty-four hour period and 40 hours in any seven-day period. (For employees on a shift basis, this shall be construed to mean an average of forty hours a week.) The normal work week shall consist of five consecutive normal work days. 8.2 Call-in-Pay-- When an employee is called to work he shall receive two hours' pay if not put to work. This provision, however, shall not be effective when work is unable to proceed because of adverse weather conditions. 8.3 Overtime-- Time on.the payroll in excess of the normal hours set forth above shall be "overtime work" and shall .be done only by order of the head of the department. 8.4 An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the EMPLOYER. The overtime rate of one-and-one-half shall be computed on the basis of 1/80th of the bi-weekley rate. - 8 - ARTICLE IX - TOOL INSURANCE AND CLOTHING 9. 1 The F.MPLOYER will provide three changes of coveralls per week in accordance with existing practices. 9.2 The II�LOYER agrees to reimburse employee for tools damaged by fire or vandalism or for tools as may be stolen; however, such liability for reimbursement shall only apply in the event that the employee's tools are stored on the EMPLOYER'S premises and in such places as II�LOYER shall designate, and, further, only if the tools are destroyed or stolen in their entirety as a result of a fire, vandalism or proven theft from the EMPLOYER'S premises. - 9 - ARTICLE X - JURY DUTY - 10. 1 Any employee who is required during his regular working hours to appear in court as a juror or witness except as a witness in his own behalf against the City, shall be paid his regular pay while he is so engaged, provided however, that any fees that the employee may receive from the court for such service shall be paid to the City and be deposited with the City Finance Director. Any employee who is scheduled to work a shift, other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as he is required to appear in court as a �uror or witness. - 10 - ARTICLE XI - LEGAL SERVICES 11.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the EI�'LOYER shall defend, save harmless and indemnify an employee, and/or his estate, against any claim or demand, whether groundless or otherwise, arising out of an alleged act or amission in the performance and scope of the employee�s duties. - 11 - . ARTICLE XII - CITY MILEAGE 12.1 Automobile Reimbursement Authorized - Pursuant to Chapter 92A of the St. 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. 12.2 Method of Computation - To be eligible far such reimbursement, all officers and employees must .receive written authorization from the Mayor. Reimbursement shall be made in accordance with one of the following plans: Type 1. For those officers and employees who are required to use their own automobiles occasionally for official City business, reimbursement at the rate of 14 cents for each mile driven. Type 2. For those officers and employees who are required to use their own automobiles on a .regular basis on City business, reimbursement at the rate of $2.50 for each day of work, and in addition thereto at the rate of 7.5 cents for each mile driven. � 12.3 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 file monthly affidavits stating the number of days worked and the number of miles driven, and further .required that they maintain automobile liability insurance in amounts not less than $100,000/300,000 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. - 12 - ARTICLE XIII - INSURANCE 13.1 The EriPLOYER will continue for the period of this AGREEMENT to provide for employees such health and life insurance benefits as are provided by F1�SPLOYER at the time of execution of this AGREEMENT. 13.2 The II�LOYER will for the period of this AGREEriENT provide for employees who retire after the time of execution of this AGREEMENT and until such employees reach sixty-five (65) years of age such health insurance benefits and life insurance benefits as are provided by the II�IPLOYER for such employees. 13.3 In order to be eligible for the benef its under this early retiree pro- vision, the employee must: 13.31 Be receiving benefits from a public employee retirement act at the time of .retirement. 13.32 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 13.33 Inform the Personnel Office of the City of Saint Paul in writing within 6Q days of employee�s early retirement date that he or she wishes to be el�gible for early retiree insurance benefits. 13.4 The II�LOYER agrees to contribute the cost of Hospitalization and Medical Coverage or $36.85 per month, whichever amount is less, for each employee who is eligible for such coverage. For each eligible employee who selects _Dependent's Coverage, the City will contribute one-half (�) of the cost of such Dependent's Coverage or $42.43 per month, whichever amount is less. These contributions shall be paid to the City's Group Health and Welfare Plan. Any increase in these costs shall be paid by the employee. 13.5 The Er1PL0YER agrees to contribute the cost for $5,000 of Life Insurance Coverage for each employee who is Eligible for such coverage or $2.95 per month, whichever amount is less. This contribution shall be paid to the City�s Group Health and Welfare Plan. Any increase in this cost shall be paid by the employee. - 13 - ARTICLE XIV - HOLIDAYS 14. 1 Holidays recognized and observed. The fvllowing days shall be recognized and observed as paid holidays: New Years Day Columbus Day Presidents' Day Veterans� Day Memorial Day Thanksgiving Day Independence Day Christmas Day Labor Day Two floatin� holiday Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the hol3days listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. I4.2 The tloating holidays set forth in Section 14.1 above may be taken at any time during the contract year, subject to the appro�al of �he department head of any employee. 14.3 Eligibility Requirements. In order to .be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is furtlier understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. - 14 - . ARTICLE XV - VACATION 15. 1 In each calendar year, each fuTl-time employee shall be granted vacation according to the following schedule: ' Years of Sezvice Vacation Granted Less than 8 years 15 days Af ter 8 years thru 15 years 20 days After 15 years and thereafter 25 days 15.2 Employees who work less than full-time shall be granted vacation on a pro rata basis. 15.3 The head of the department may permit an employee to carry over into the following year up to ten days' vacation. 15.4 The above provisions of vacation shall be sub3ect to Resolution No. 6446, Section I, Sub. F, 15.5 If an employee has an accumulation of sick leave credits in excess of . one hundred and eighty days, he may convert any part of such excess of vacation at the rate of one-half day's vacation for each day of sick leave credit. 15.6 The ma.ximum number of days' vacation allowed by the conversion of sick leave credits shall be no more than five days in any one year so that the maximum vacation time which may be taken in any one year shal� be forty days including the regular vacation period. - 15 - ARTICLE XVI - GRIEVANCE PROCEDURES 16.1 The ENIPLOYER shall recognize stewards selected in accordance with LTtION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the II�IPLOYER in writing of the names af the Stewards and of their successors when so named. 16.2 It is recognized and accepted by the EMPLOYER 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 be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving emploqee shall suffer no Ioss in pay when a grievance is processed during working hours, provided, the steward and the employee have notified and zeceived 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 Ef�LOYER. 16.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by � Article VII, for the processing of grievances, which are def ined as an alleged violation of the terms and conditions of this AGREEI�IENT. 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 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 hy the UNION. The written gri.evance shall � - 16 - � , ARTICLE XVI - GRIEVANCE PROCEDURES (continued) 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 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 E�'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 with3n seven (7) calendar days . following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the II�LOYER'S answer shall be considered waived. 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 EMPLOYER shall reply in writing to the UNION stating the Il�iPLOYER'S answer - 17 - ARTICLE XVI - GRIEVANCE PROCEDURES (continued) concerning the grievance. If, as a result of the written response the gr3.evance 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 following receipt of the E1�LOXER'S answer shall be considered waived. Step 4. If the grievance remains unresolved, the UNION ma.y within seven (7) calendar days after the response of the EMPLOYER in Step 3, by written notice to the II�LOYER, request arbitration of the grievance. The arbitration proeeedings shall be conducted by an arbitratar to be .selected by mutual agreement of the ENff'LOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutally agree upon an arbitrator within Che said seven (7) day period, either party may request the Public Employment .Relation Board to submit a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION shall atrike the first (lst) name; the II�LOYER shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 16.4 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 specif ic issue submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without gower to make .decisions contrary to or inconsistent with or modifying or - 18 - _ ARTICLE XVI - GRIEVANCE PROCEDURES (continued) varying in any way the application 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' 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 ori the ENlPLOYER, the UNION, and the employees. _ 16.5 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by t�e II�.'LOYER and the UNION, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the pro- ceedings, it may cause such a record to be made, providing 3t pays for the record. \ 16.6 The time limits in each step of this procedure may be extended by : mutual agreement of the II�PLOYER and the UNION. � - 19 - � ARTICLE XVII - SAVINGS CLAUSE 17. 1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of St. Paul. In the event any provision of this AGREEMENT shall hold to be contrary to law by a court of competent 3urisdiction from who final judgment or decree no app�al has been taken within the time provided, such provision shall be voided. Al1 other provisions sha11 continue in full force and effect. . - 2Q - ;. ,I ARTICLE XVIII - SEVERANCE PAY 18.1 Employees shall be eligible for severance pay in accordance with the Severance Pay Ordinance No. 11490. The amount of Severance Pay allowed shall be that amount permitted by State Statutes sub3ect to the provision that the maximum amount allowed shall be $4,000. - 21 - ARTICLE XIX - RESIDENCE 19.1 AI1 employees appointed after January 1, 1976, would be required to reside in the Ci.ty of Saint Paul within one year of their appointment, and thereafter would be required to remain within the City limits as long as they were employed by the City of Saint Paul. 19.2 This residency requirement shall apply to unclassified employees as well as classified employees. 19.3 Applicants for positions in the City of Saint Paul will not be required to be residents of the City of Saint Paul. 19.4 Employees failing to meet the residency requirement will be subject to termination and a hearing process shall be established to deter- mine whether the residency requirement was met. 19.5 The EMPLOYER will indemnify, defend and hold the UNION harmless against any claims and all suits, order or judgments brought or issued against the UNION, its officer or employees, as a result of any action taken or not taken pursuant to the residency requirement set forth in this Article. This provision shall apply specifically and solely to actions brought pursuant to the establishment of the residency requirement. This indemnification shall not apply to actions brought by Machinists Lodge Local ��77. - 22 - - ARTICLE XX - WAGE SCHEDULE � 24. 1 The wage schedule for purposes of this contract shall be Appendix A, attached hereto. 20.2 The Vehicle Mechanic Leadworker rate will be 25� per hour higher than the .Vehicle Mechanic rate. _ � _ - 23 - ARTICLE XXI - STRIKES, LOCKOUTS, WORK INTERFERENCE 21.1 The UNION and the �iPLOYFR agree that there shall be no strikes, work stoppages, slow-downs, sitdown, stay-in, or other concerted interference with the EMPLOYER'S business or affairs by any of the said UNION and/or the members thereof, and there shall be no bannering during the existence of this AGREEEMENT without first using all possible means of peaceful settlement or any controversy which may arise. Employees engaging in same shall be liable for disciplinary action. - 24 - ARTICLE XXII - SICK LEAVE 22.1 Sick Leave With Pay. During any period in which an empioyee is absent f rom work on sick Ieave with pay, the employee shall not be employed or engaged in any occupation for compensation outside of his regular city employment. Violation of the provision of this paragraph by any employee shall be grounds for suspension or discharge. \ - 25 - ARTICLE XXTII - MILITARY LEAVE 23.1 All monies received from the military organizations for participation in such paid militiary leave, shall be deposited in full with the City Treasurer. This money will be given to the city in return for the full salary required to be paid during this leave. _ � . - 26 - ARTICLE XXIV - MATERNITY LEAVE 24. 1 Maternity Leave. Maternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date ot childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the II�LOYER may approve such leave at irs option, and such leave may be no longer than one (1) year. � r - 27 - ARTICLE XXV - SAFETY SHOES 25. 1 The EMPLOYER agrees to pay $10.00 toward the cost of each pair of safety shoes purchased by an employee that is a member of this unit. The EMPLOYER shall contribute toward the cost of two pair of shoes per year and shall not be responsible for any additional cost for any additional shoes thereafter. This reimbursement of $10.00 per pair of shoes shall be ma.de only after investigation and approval by the immediate supervisor of that. employee. This $10.00 per pair of shoes contribution to be made by the II�IPLOYER shall apply only to those employees who must wear protective shoes or boots for their employment. - 28 - . ARTICLE XXVI - DURATION AND EFFECTIVE DATE 26.1 Except as herein provided this AGREEMENT shall be effective as of the date it is executed by the parties and shall continue in full force and effect thru June 30, 1981, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify this AGREEMENT shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971. 26.2 This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval . of the Administration of the City, the City Council and is also subject to ratification by the Association. WITNESSES: CITY OF SAINT PAUL DISTR.ICT LODGE N0. 77, INTERNATIONAL � . ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO . B • � Y. � �.-._-� L.�.� t �/. �� Labor Relations ect Business Manager �� BY: BY: Civil Service Commission - 29 - � APPENDIX A The wage rates and salary ranges for classifications in this unit are . shown below: EFFECTIVE EFFECTIVE EFFECTIVE TITLE JULY 1, 1978 JULY 1�1979 JULY 1, 1980 Auto Body Repairman $ 9.43 $10.02 $10.65 Machinist 9.43 10.02 10.65 Mechanic-Welder 9.43 10.02 10.65 Tire Repairman 9.05 9.62 10.23 Vehicle Mechanic 9.43 i0.02 10.65 Vehicle Mechanic Leadworker 9.68 10.27 10.90 Welder-Blacksmith 9.43 10.02 10.65 Auto Body Repairman Helper: Starting 60% of Auto Body Repairman Rate after 6 nonths 65% of Auto Body Repairman Rate after 1 year 70% of Auto Body Repairman Rate after 2 years 75y of Auto Body Repairman Rate after 3 years and thereafter 80% of Auto Bady Repairman :Zate EFFECTIVE EFFECTIVE EFFECTIVE JULY 1, 1978 JULY 1, 1979 JULY 1, 1980 START 6 MOS �TART 6 MOS START 6 MOS Audio Visual Equipment Repairman $7.93 $8.42 $8.43 $8.95 $8.96 $9.51 � Auto Washer 6.14 6.47 � 6.53 6.88 6.94 7.3I Equipment Repairman 7.62 8.08 8.I0 8.59 8.61 9. 13 Fire Buildings Repairer 7.62 8.08 8.10 8.59 8.61 9. 13 Fire Equipment Serviceman 7.62 8.08 8.10 8.59 8.61 9. I3 Parking Meter Repairman 7.62 8.08 8.10 8.59 8.61 9.13 Traf£ic Signman 7.62 8.08 8.10 8.59 8.61 9. 13 *Utilityman 7.62 8.08 8.10 8.59 8.61 9. 13 Utilityman I 7.02 7.42 7.46 7.89 7.93 8.39 Vehicle Mechanic Worker (Heavy)7.62 8.08 8.10 8.59 8.61 9. 13 Vehicle .Mechanic Worker (Light)7.02 7.42 7.46 7.89 7.93 8.39 - A1 - • } � t APPENDIX A (continued) EFFECTIVE EFFECTIVE EFFECTIVE JULY 1, 1978 JiJLY 1, 1979 JULY 1, 19$0 START 6 MOS 1 YR START 6 MOS 1 YR START 6 MOS 1 YR Parts Runner $4.25 $4.78 $5.32 $4.52 $5.08 $5.66 $4.80 $5.40 $6.02 Vehicle Mechanic Trainee First 2,000 hours 60% of the Vehicle Mechanic base rate Third 1,000 hours 65% of the Vehicle Mechanic base rate Fourth 1,000 hours 70% of the Vehicle Mechanic base rate Fifth � 1,000 hours 75Y of the Vehicle Mechanic base rate Sixth 1,000 hours 80% of the Vehicle Mechanic base rate Seventh 1,000 hours 85� of the Vehicle Mechanic base rate Eighth 1,000 hours 90% of the Vehicle Mechanic base rate - A2 - � .-. . �'����'� 1978 - 1979 - 1980 LABOR AGREEMENT BETWEEN INDEPENDENT SCAOOL DISTRICT N0. 625 AND DISTRICT LODGE N0. 77 INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO INAEX ARTICLE TITLE PAGE I Recognition 1 II Definitions 2 �II Maintenance of Standards 3 IV Check Off 4 V Union Rights 5 VI Management Rights 6 VII Discipline ? VIII Hours, Overtime Pay 8 � IX Tool Insurance and Clothing 9 X Jurq Duty 10 . XI Legal Services � 11 %II Independent School District No. 625 Mileage 12 RIII InsurancP 13 %IV Holidays . 14 R9 Vacatioa 15 XVI Grievance Procedures 16 XVII Savings Clause . 24 � BVIZI Severance Pay . 21 %IB Wage Schedule 22 1�:: Strikes, Lockouts, Work Interference 23 lIXI��: S3ck Leave 24 J�II . . - Military :Leave �� 25 �III Maternitp Leave 26 XXIV Safety Shoes 27 �V Duration and Effective Date 28 APPendix A AI - ii - THIS AGREEMENT BET�dEEN THE INDEPENDENT SCHOOL DISTRICT N0. 625 AND DISTRICT LODGE ��77, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO. This agreement has been entered into between the Independent School District No. 625, hereafter referred to as the II�LOYER, and District Lodge ��77, International Association of Machinists and Aerospace Workers AFL-CIO, hereafter referred to as the UNION. This agreement has as its purposes, the promotion of harmonious relations between the II�LOYER and the UNION, the establishment of an equitable and peaceful procedure far the resolution of differences and the establishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objectives in full compliance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1971, as amended. - iii - ARTICLE I - RECOGNITION 1.1 The EMPLOYER recognizes the UNION as the sole and exclusive bargaining agent for the purposes of establishing wages, benefits, hours and other conditions of employment for all of its employees as outlined in the certification by the State of Minnesota, Bureau of Mediation Services, dated August 15, 1973, in case No. 74-PR-77-A, and as set forth below: All regular, probationary, and provisional .vehicle and equipment maintenance personnel who are employed by the � City of St. Paul or who have. their "terms and conditions of employment" established by the governing body of the City of St. Paul in the classifications of Audio-Visual Equipment �tepairman, Auto Body Repairman, Auto Body Repairman flelper, Auto Washer, Equipment Repairman, Fire Equipment Serviceman, Machinist, Mechanic-Welder, Parking Meter Repairman, Tire Repairman, Traffic Signman, Utilityman, Utilityman I, Vehicle Mechanic, Vehicle . Mechanic Leadworker, Vehicle Maintenance Worker (Heavy), � 9ehicle Maintenance Worker (Light) and .Welder-Blacksmith, eaccluding supervisory, confidential, temporary, emergency aad employees exclusively represented by other labor or � emplopee orgaaizations. .�: �� 1.2 The parties agree that any new classif icat3ons which are an expansion of � � the above bargaining unit or which .derive from the classifications set �:. 4 forth in this agreement shall be .recognized as a part of this bargaining ,- �. uait, and the parties shall take all steps required under the Public � � Employment .Relations Act to accomplish said objective. I , - � _ 1 _ � tl� f! � �t � i ARTICLE ZI - DEFINZTIONS 2.1 Collective Bargaining. The II��LOYER will bargain collectively with the ITAIION with respect to rates of pay, hours and conditions pertaining to employment for all of the employees in the unit hereinbefore set forth. 2.2 Discrimination. The EMPLOYER will not interfere with, restrain or coerce the employees covered by this AGREEMENT because of inembership in or activity on behalf of the UNION. The F.MPLOYER will not discriminate in respect to hire, tenure of employment or any term or condition of emplopment against any employee covered by this AGREEMENT because of . membership in or activity on behalf of the UNION, nor will it discourage or atte�pt to discourage membership in the UNION, or attempt to encourage membership in another Union. 2.3 This AGREEM�iT shall designate and define benefits with the exception of pension benefits that shall be granted to the employees by the , F�MPLOYER. If subsequent to this AGREEMENT, any governing body passes a provision which shall create a cost benefit for a employee in this unit, the cost of such benefit shall be paid by the employee until . such time as the responsibility of the cost is subsequently negotiated. This provision shall not compel either party to reopen negotiations during the course of an existing contract. - 2 - ARTICLE III - MAINTENANCE OF STANDARDS 3. 1 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and all other general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Personnel Rules of the City of Saint Paul, (Resolution No. 3250) and Resolution No. 6446 at the time of the signing of this AGREEI��NT, and the conditions of employment shaZl be improved wherever specific provisions for improvement are made elsewhere in this �I. AGREE.*�IENT. .. - 3 - ARTICLE IV - CHECK OFF 4. 1 Dues. The E^i1PL0YER agrees to deduct the UNION �embership dues once each month from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the E�SPLOYER by a representative of the UNION and the aggregate deductions of all employees shall be remitted together with an itemiaed statement to the representative by the f irst of the succeeding month af ter such .deductions are made or as soon thereafter as is possible. 4.2 Fairshare. Any present or future employee who is not a UI3ION member shall be _required to contribute a fair share fee for services . rendered by the UNION. Upon notification by the UNION, the II�LOXER shall check off said .fee from the earnings of the employee and transmit the same to the Ulr'ION. In no instance shall the required contribution ' exceed a pro rata share of the specific expenses incuxred for services rendered by the .representative in .relation'ship to negotiations and adainistration of grievance procedures. This provision shall remain operative only so long as specifically provided by Minnesota law and as otherwise .legal. 4.3 The UNION will inde�nify, .defend and hold the EMPLOYER harmless against any claims and all suits, order or judgments brought or � issued against the EriPLOYER, its officers or employees, as a result of any action taken or not taken by the EMPLOYER under the provisions of this section. � - 4 - ARTICLE V - UNION RIGHTS 5.1 The UNION may designate employees within the bargaining unit to serve as Union Stewards. 5.2 The UDIION shall furnish the II�iPLOYER and appropriate department heads with a list of Stewards and alternates, and shall, as soon as possible, notify said appropriate City officials in writing of any changes thereto. Only those who are Officers and Stewards shall be recognized by the ENIl'LOYER for the purpose of ineetings. ` � - 5 - ARTICLE VI - MANAGII�IENT RIGHTS 6.1 The UNION recognizes the right of the II�LOYER to operate and manage its affairs in all respects in accordance with applicable lacas and regulations of appropriate authorities. The rights and authority which the II�fPLOYER has not officially abridged, delegated, or modif ied by this AGREEMENT are retained by the II�IPLOYER. 6.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the II�LOYER, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. �� r - 6 - � ARTICLE VTI - DISCIPLINE 7.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in the form of: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. 7.2 A notice in writing of Suspensions, Reductions and Discharges shall be sent to the employee and the UNION wi.thin seventy-two (72) hours after such action is taken. 7.3 Employees and the UNION will receive copies of written reprimands and notices of suspension and discharge. 7.4 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or UNION may request, and shall be entitled to a meeting with the Employer Repre� \ sentative who initiated the suspension with intent to discharge. � During said five (5) day period, the EMPLOYER may affirm the suspension and discharge in accordance with Civil Service Rules ar may modify, or withdraw same. � 7.5 Grievances relating to this Article shall be processed in accordance with existing Civil Service procedures, except that oral and written reprimands shall be taken up in the grievance procedure under Article XVI. - 7 - ARTICLE VIII - HOURS, OVERTIME PAY 8. 1 Hours of Employ�ent-- The normal work day and the normal work week � shall be 8 hours excluding � hour for lunch in any twenty-four hour period and 40 hours in any seven-day period. (For employees on a shift basis, this shall be construed to mean an average of forty hours a week.) The normal work week shall consist of five consecutive normal work days. 8.2 Call-in-Pay-- When an employee is called to work he shall receive two hours' pay if not put to work. This provision, however, shall not be effective when work is unable to proceed because of adverse t�eather conditions. 8.3 Overtime-- Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall .be done only by order . of the head of the department. _ , 8.4 An enployee shall be recompensed for work done in excess of the normal � hours by being granted compensatory t3me on a time-and-one-half basis . or by being paid on a time-a�d-one half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the EriPLOYER. The overtime rate of one-and-one-half shall be computed on the basis of 1/80th of the bi-weekley rate. - 8 - ARTICLE ZX - TOQL INSiJRE1NCE AND CLOTHIh'G 9. 1 The II�fPLOYER will provide three changes of coveralls per week in accordance with existing practices. 9.2 The E1+�LOYER agrees to reimburse employee for tools damaged by fire or vandalism or for tools as may be stolen; however, such liability for reimbursement shall only appZy in the event that the employee's tools are stored on the II�LOYER'S premises and in such places as ES�LOYER shall designate, and, further, only if the tools are .destroyed or stolen in their entirety as a result of a fire, vandalism or proven theft from the EMPLOYER'S premises. �. � - 9 - ' ARTICLE X - JURY DliTY 10.1 Any employee who is required during his regular working hours to appear in court as a juror or witness except as a witness in his own behalf against the City, shall be paid his regular pay while he is so engaged, provided however, that any fees that the employee. may .receive from the court for such service shall be paid to the City and .be deposited with the City Finance Director. Any employee who is scheduled to work a shift, other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as he is required to appear in court as a � �uror or witness. - 10 - ARTICLE XI - LEGAL SERVICES 11.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the F�NII'LOYER shall defend, save harmless and indemnify an employee, and/or his estate, against any claim or .demand, whether groundless or otherwise, arising out of an alleged act or omission in the .performance and scope of the employee�s duties. . f - 11 - � ARTICLE XII- MILEAGE - INDEPENDENT SCHOOL DISTRICT ��625 12. 1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, employees must receive authorization from the District Mileage Committee utilizing one of the following plans: PLAN "A" is reimbursed at the rate of 15C per mile. In addition, a maximum amount which can.be paid per month is established by an estimate furnished by the employee and the employee�s supervisor. Another cons3deration for establishing the maximum amount can .be the experience of another employee working in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip made. PLAN "C" provides for reimbursement based on a per month "Iump sum" amount. This amount is determined by the , employee's driving experience under Plan "A" for a period of 3 to 6 nonths. Those employees receiving an auto allowance under this plan must report monthly the number of days the car was available during the month. A deduction must .be made from the lump sum amount for each day the employee is on vacation. A.deduction need not . be made for an occasional day of .illness or for holidays. - 12 - ARTTCLE XIII - INSURANCE • 13.1 The F�IPLOYER will continue for the period of this AGREE�fENT to provide for employees such health and life insurance benefits as are provided by EMPLOYER at the time of execution of this AGREErfE�T. 13.2 The F�IPLOYER will for the period of this AGREEI�SENT provide for employees who retire after the time of execution of this AGREEMENT and until such employees reach sixty-five (65) years of age such health insurance benefi�s and life insurance benefits as are provided by the EriPLOYER for such employees. 13.3 In order to be eligible for the benef its under this early retir�e pro- vision, the employee must: 13.31 Be receiving .benef its from a public employee retirement act at the time of .retirement. 13.32 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 13.33 Inform the Personnel office of the City of Saint Paul in writing within 60 days of employee's early retirement date that .he or she wishes to be el�gible for early retiree insurance .benefits. 13.4 The ��LOYER agrees ,to contribute the cost of Hospitalization and riedical Coverage or $36.$S per month, whichever amount is less, for each employee who is eligible for such coverage. For each eligible employee who selects .Dependent's Coverage, the City will contribute one-half (�) of the cost of such Dependent's Coverage or $42.43 per month, whichever amount is less. These contributions shall be paid to the City's Group Health and Welfare Plan. Any increase in these costs shall be paid by the employee. 13.5 The EMPLOYER agrees to contribute the cost for $5,000 of Life Insurance Coverage for each employee who is Eligible for such coverage or $2.95 per month, whichever amount is less. This contribution shall be paid to the City�s Group Health and Welfare Plan. Any increase in this cost shall be paid by the employee. - 13 - ARTICLE XIV - HOLIDAYS . 14. 1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Years Day Columbus Day Presidents� Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day Labor Day T�ao floating holiday Eligible emplAyees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 14.2 The floating holidays set forth in Section 14.1 above may be taken at any time during the contract year, sub3ect to the approval of the department head of any employee. 14.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee's na.me must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. 14.4 In the case of Board of Education employees, if President's Day, Columbus Day, or Veterans' Day fall on a day when school is in session, the employees shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be a day on which school is not in session and shall be determined by agreement between the employee and his supervisor. - 14 - ARTICLE XV - VACATION 15.1 In each calendar year, each full-time employee shall be granted vacation according to the following schedule: • Years of Service Vacation Granted Less than 8 years 15 days Af ter 8 years thru 15 years 20 days . Af ter 15 years and thereafter 25 days 15.2 Employees who work less than full-time shall be granted vacation on a pro rata basis. 15.3 The head of the department may permit an employee to carry over into the following year up to ten days' vacation. 15.4 The above provisions of vacation shall be subject to Resolution No. 6446, Section I, Sub. F. �. ' 15.5 If an employee has gn accumulation of sick leave credits in excess of ; one hundred and eighty days, he may convert any part of such excess of vacation at the rate of one-half day's vacation for each day of sick j leave credit. � �' 15.6 The ma.ximum number of days� vacation allowed by the conversion of sick leave credits shall be no more than five days in any one year so that the maximum vacation time which may be taken in any one year shall be forty days including the regular vacation period. ; � : - 15 - � ARTICLE XVI - GRIEVANCE PROCEDURES 16. 1 The II•iPLOYER shall recognize stewards selected in accordance with UNION rules and regulations as the grievance representative of the bargaining unit. The UIvION shall notify the II�SPLOYER in writing of the names of the Stewards and of their successors when so named. 16.2 It is recognized and accepted by the EMPLOYER 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 be accomplished during working hours only when consistent with such employee duties and .responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during work�ng 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 ��LPLOYER. 16.3 TIZe procedure established by this Article �shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article VII, for the processing of gr�evances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. . Grievances shall be resolved in �onformance 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 employee�s supervisor. If the matter is not resolved to the employee's satisfaction by the inforrial discussion it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall - - 16 - � ARTICLE XVI — GRIEVANCE PROCEDURES (continued) 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 iNION within seven (7) calendar days of the f irst 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 Z. 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 af the II�LOYER'S written answer. Any '� grievance notfreferred in writing by the UNION within seven (7) � '� calendar daps fol,lowing receipt of the II�I,OYER'S answer shall i �. ' be considered waived. Step 3. Within seven (7) calendar days following xeceipt of a grievance referred from Step 2 a designated Employer Supervisor shall meet with the Unian Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days follow3ng this meeting the EMPLOYER shall reply in writing to the UNION statinp the E1�iPL0YER'S ansEaer - 17 - 1� � � � ARTICLE XVI - GRIEVAI`CE PROCEDURES (continued) . concerning the grievance. Zf, 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 following receipt of the F�'IPLOYER'S answer shall be considered waived. Step 4. If the grievance remains unresolved, the UNION may within seven (7) calendar days after the response of the II�'LOYER in Step 3, by written notice to the II�LOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be .selected by mutual agreement of the E�IPLOYER and the iJ1�II0N within seven (7) calendar days after notice has been i � given. If the parties fail to mutally agree upon an arbitrator �p within the said seven (7) day period, either party may request the i. � Yublic Enployment Relation Board to submit a panel of five (5) � arbitrators. Both the EMPLOYER and �the UNION shall have the right � fi to strike two (2) names from the panel. The UNION shall strike ; y the first (lst) name; the II�LOYER shall then strike one (1) name. � r The process will be repeated and the remaining person shall be the �� I� arbitrator. t� � - 16.4 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREF1�iENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the F.�iPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without Epower to make decisions contrary to or inconsistent with or modifying or - 18 - t ARTICLE XVI - GRIEVANCE PROCEDURES (continued) varying in any way the application lacvs, rules, or regulations having the force and effect of la�a. 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' interpretation or applicatian 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 ENff'LOYER, the UNION, and the employees. 16.5 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 representatives and witnesses. If either party desires a verbatim record of the pro- ceedings, it may cause such a record to be made, providing it pays for the record. ` 16.6 The time limits in each step of this procedure may be extended by r mutual agreement of the II�LOYER and the UNION. - 19 - ARTICLE XVII - SAVINGS CLAUSE 17.1 This AGREII�SENT is subject to the laws of the United States, the State of Minnesota, and the City of St. Paul. In the event any provision of this AGREEMENT shall hold to be contrary to law by a court of competent �urisdiction from who final judgment or decree no appeal has been taken within the time provided, such provision shall .be voided. All other provisions shall continue in full force and effect. :� ; - 20 - ARTICLE XVIII - SEVERANCE PAY 18.1 Employees shall be eligible for severance pay in accordance with the Severance Pay Ordinance No. I1490. The amount of Severance Pay allowed shall be that amount permitted by State Statutes sub�ect to the provision that the maximum amount allowed shall be $4,000. \\ � - 21 - � ARTICLE XIX - WAGE SCHEDULE _ I9.1 The wage schedule for purposes of this contract shall be Appendix A, attached hereto. 19.2 The Vehicle Mechanic Leadworker rate will be 25G per hour higher than the Vehicle Mechanic rate. � - 22 - ARTICLE XX - STRIKES, LOCKOUTS, WORK INTERFERENCE . 20.1 The UNION and the EMPLOYER agree that there shall be no strikes, work stoppages, slow-downs, sitdown, stay-in, or other concerted interference with the II�LOYER'S business or affairs by any of the said UNION and/or the members thereof, and there shall be no bannering during the existence of this AGREEEMENT without first using all possible means of peaceful settlement or any controversy which may arise. Employees engaging in same shall .be liable for disciplinary action. r - 23 - - ARTICLE XXI - SICK LEAVE � 21• 1 Sick Leave With Pay. During any period in which an employee is absent from work on sick leave with pay, the employee shall not be employed or engaged in any occupation for compensation outside of his regular city employment. Violation of the provision of this paragraph by any employee shall .be grounds for suspension or discharge. - 24 - ARTICLE XXII - MILITARY LEAVE 22.1 All monies received from the military organizations for participation in such paid military leave, shall be deposited in full with the City Treasurer. This money will be given to the city in return for the full salary .required to be paid during this leave. - 25 - ARTICLE XXIII - MATERNITY LEAVE 23.1 Maternity Leave. rfaternity is defined as the physical state of pregnancy of an employee, cammencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the II�.PLOYER may approve such leave at its option, and such leave may be no longer than one (1) year. - 26 - ARTICLE XXIV - SAFETY SHOES 24.1 The II�'LOYER agrees to pay $10.00 toward the cost of each pair of safety shoes purchased by an employee that is a member of this unit. The II�LOYER shall contribute toward the cost of two pair of shoes per year and shall not be responsible for any additional cost for any additional shoes thereafter. This reimbursement of $10.00� per pair of shoes shall be made only after investigation ' and approval by the immediate supervisor of that employee. This $10.00 per pair of shoes contribution to be made by the Ei�LOYER shall apply only to those employees who must wear protective shoes or boots for their employment. - 27 - � ARTICLE XXV - DURATION AND EFFECTIVE DATE 25.1 Except as herein provided this AGREEMENT shall be effective as of the date it is executed by the parties and shall continue in full force and effect thru June 30, 1981, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify this AGREEMENT shall notify the other in writing so as to comply with the provisions of the Public EmpZoyment Labor Relations Act of 1971. 25.2 This constitutes a tentative agreement between the parties which will be recommended by the School Board Negotiator, but is subject to the approval of the Administration of the City, Independent School District No. 625 and is also subject to ratification by the Association. WITNESSES: INDEPENDENT SCHOOL DISTRICT N0. 625 DISTRICT LODGE N0. 77, INTERNATIONAL �_.____ _ � � ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CI0 _ � ;� �� ` %/ �/r,,�-� � � � B ���-�i' "'��-C�-`'' � �� �i(.-- _ _ BY`: \�-t`� � �--�.� � ,:��_ � School Board Negotiator ;% Business Manager � BY: BY: Superintendent, Independent School District No. 625 - 28 - . : '� ' APYENDIX A ` The wage rates and salary ranges for classifications in this unit are shown below: EFFECTIVE EFFECTIVE EFFECTIVE TITLE JULY 1, 1978 NLY 1,1979 JULY 1, 1980 Auto Body Repairman $ 9.43 $10.02 $10.65 • Machinist 9.43 10.02 10.65 Mechanic Welder 9.43 10.02 10.65 Tire Repairman 9.05 9.62 I0.23 Vehicle .Mec�anic 9.43 10.02 I0.65 Vehicle Mechanic .Leadworker 9.68 10.27 10.90 Welder-Blacksmith 9.43 10.02 10.65 Auto Bodq Repairmari Aelper: � . Starting 60Y of Auto Body Repairman Rate after 6 months 657 of Auto Body Repairman Rate after 1 qear 70� of Auto Body Repairman Rate after 2 years 75y of Auto Body Repairman Rate after 3 years and thereafter . 80% of Auto Body Repairman Rate EFFECTIVE EFFECTIVE EFFECTIVE JULY ls 1978 JULY 1� 1979 JUI�Y 1� 1980 START 6 MOS START 6 MOS START 6 MOS Audio Visual Equipmeat Repairman $7.93 $8.42 $8.43 $8.95 $8.96 $9.51 Auto Washer 6.14 6.47 � 6.53 6.88 6.94 7.3I Equipment Repairman 7.62 8.08 8.10 8.59 8.61 9.I3 � Fire Buildings Repairer 7.62 8.08 8.10 8.59 8.b1 9. 13 Fire Equipment Serviceman 7.62 8.08 8.10 8.59 8.62 9. 13 Parking .Meter Repairman 7.62 8.08 8.10 8.59 8.61 9.13 Traffic Signman 7.62 8.08 8.10 8.59 8.61 9.13 *Util:ityman 7.62 8.08 8.10 8.59 8.61 9. 13 Utilityman I 7.02 7.42 7.46 7.89 7.93 8.39 Vehicle Mechanic Worker (Heavy)7.62 8.08 8. 10 8.59 8.61 9. 13 Vehicle Mechanic Worker (Light)7.02 7.42 7.46 7.89 7,93 8.39 - A1 - � . :j APPENDIX A (continued) EFFECTIVE EFFECTIVE EFFECTIVE JUI.Y 1, 1978 JULY 1, 1979 JULY 1, 1980 � START 6 MOS 1 YR START 6 MOS 1 YR START 6 *10S 1 I'R Parts P.unner $4.25 $4.78 $5.32 $4.52 $5.08 $5.66 $4.80 $5.40 $6.02 Vehicle riechanic Trainee First 2,000 hours 60% of the Vehicle riechanic base rate Third 1,000 hours 65% of the Vehicle Mechanic base rate Fourth 1,000 hours 70% of the Vehicle Mechanic base rate Fifth 1,000 hours 75% of the Vehicle Mechanic base rate Sixth 1,000 hours 80% of the Vehicle Mechani.c base rate Seventh 1,000 hours 85% of the Vehicle riechanic base rate Eighth 1,000 hours 907 of the .Vehicle Mechanic base rate ' A2 _ _ ,... _ . , . , _ „..,. . _ �:: � � � . � � �. � ,^ Do not detacFr thfs me�um #�fr1`� "� , resotution so that thts �n#oCr�t�on w�.:tt� , " evaf�abte� to �he Clty Counci�. • : ' ��x� o� �udzs�xiv� o��ts _ , SOLtJ'�IQ S :0 G8S � . ����� .� ; �at�: May 4, 19?9 . ; �. �{� '` ' . - +., ,.. � ,� .,. .�� `� �. � �o. r�,�oa c$o�G$ ��� , � MA'� 1 � ��7'9 ,� ; . 141r1�f�t'S:Q►�!: :� �'R: Pe�soaae2. Of€iee : . � � � ,�� � R8: �teeolution for subm�.�s�.c�: tz� Gitg Couacil : ��� . . . � . , . � . . . . � ' � . . l::.a `. . � . � � . . � � . . . � . . . .. . . .. I . . . . . . . . . . " . � . .��� . . . . . . , . . .. � . . �:'.:[ ' '... . . . _ . . . . . r ��__ AG'��010 8�8� , , , .� ....,�«..� , ; W� reco�pa�eud your �pproval aad subm3ssian of '�his Itesol�t.ioa tr�.tt� Ci�g Cbua�i.�. •:: �"--'-- . PURi'OS$:� '�IONALE FOR TB�S_ACTION: �, �.,.�.. ._ - Tlsi� �t.�s;o�at�ion aPProves the. co�rtracts betw�en the C�;ty af S�� �avl, _ Iau��pe�d�a��chool Di�atrict No. 625,, and tt�e In.te�tior�at A�i��+o�ia�i�� a��ad�i�i�ie�e and Aeroapace Workere, Di�t�ct �Lodge �d. 7�: `. Z'�e co�t�acits a.re for.�hree years - Jr�Yy, 19?8, ��ough J�.+�r ]�982. �" �;e wage eettle�+ent ca11s for a 6. 3% increase eac� year: �e 'wage se#]:ement ie the resttt� of aa Arb3tra.tion Award. x ,' C3ther change s i:n the ca�:trac�s i�cl�a.de la�n,guage dealing witb.:' ,: (a) Action bp a �overniag body crea�iang: a �as'���.efit fc�r '��ce gro�rtg. . : (bj Reimbur�ement for loss of tools. � ° ' . , (c)' Lega1 eervices. : : , . (dj Mileage allo�vance. � : (e) Is�,surance benefits. ;(f) Strikes aud lockouts. . ` (�) S�ck leave. ' (h) 1Viil�tary leave. _ _ (i) Maternity leave. - �J� Safety 5�oes. : . ATTACSM�TS: ; ... - � . . � . ., � .. . � . . , - . ' �'�k � ` Resolut�on a� copy fox the City Clerk. , ��. �� ;