273214 WHITE - G�TY CLERf(
PINK - FINANCE COUACII �f�
CANARV `�EPARTMENT GITY OF SAINT PAUL File NO. � ° "''��� �
BLUE AVOR
�
Council Resolution
Presented By �
Referred To Committee: Date
Out of Committee By Date
An administrative Resolution approving the terms and
conditions of the 1979-1980 Labor Agreements between the
City of St. Paul, I. S. D. No. 625, and the United Brother-
hood of Carpenters and Joiners of .America, Twin City
Carpenters District Council.
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 United Brotherhood of Carpenters
and Joiners of America, Twin City Carpenters District Council, as ex-
clusive representative for those classes of positions within the City of St.
Paul certified by the Bureau of Mediation Services under Case No.
73-PR-478-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,
I. S.D. No. 625, and the exclusive representatives hereinabove referenced;
and
WHEREAS, the City through designated representatives, and the
exclusive representatives have met in good faith and negotiated the terms
and conditions of employment for the period May 1, 1979, through April 30,
1981, for such personnel as are set forth in the Agreements between the City
of St. Paul, I. S. D. No. 625, and the exclusive representatives; and
WHEREAS, the 1979-1980 Agreements have been reached which include a
wage adjustment retroactive to May 1, 1979; now, therefore, be it
-1 -
COUNCILMEN Requested by Department of:
Yeas Nays
Butler [n Favor
Hozza
Hunt
Levine _ __ Against BY —
Maddox
Showalter
Tedesco Form Approved by City Attorney
Adopted by Council: Date
Certified Passed by Council Secretary BY
By,
t�pproved by iNavor: Date _ Approved by Mayor for Submission to Council
By _ _ By
WHITE - CITV CLERK
PINK - FINANCE GITY OF SAINT PAUL Council A
CANARV - DEPARTMENT � �-,/� �
BLUE -f�.AAVOR File �0•
y. ,
Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, that the Labor 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 United Brotherhood of
Carpenters and Joiners of America, Twin City Carpenters District
Council, 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 Agreements on behalf of the
City.
Approved:
Chairman
Civil Service Co ssion
-2-
COU[VCILMEN Requested by Department of:
Yeas Nays
�� � [n Favor PERSONNEL OFFICE
�e�a
Hunt
-�e _ __ Against BY /�
Maddox __-- �
Showalter
Tedesco ��
JUN 2 6 1979 Form pproved b i �
Adopted by Coun � . Date
�ertified Ya_ d by ouncil Secretary BY
App by lVlavor. Date il W � g 1979 Appr ed by Mayor for Su ion to Coun 1
BY - BY
NetiSnED JU� 7 1979
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�tas May 30, 1979 . . �
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JUN. ? 1979
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,i�a xs��m►isnd yot� approv�al amd submiestc�� ot tiiis Re�]:utic3a to' th� Cit3r ��sne�.I.
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-° T1��t� �tesolution approves the 1979-1980 L.��or Agreements between the Ci�y of �:
`�'' `��,St,`,�'au1, ISD No. b25, and the United Brca�pxhood of Carp,�nters and Joiners .�""���.
.�:��erica, Twia City Carpentera Districf`�ouxlcil. �
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= T'hi�s A,g�t��ent calls for a 53� an hour increaae in wages and 22� in fringes, . for : "�
' a to�al packa�e_hourly inerease of ?5� as of May 1, 19?9. On May 1, I98U the total ,
package will.be i�ereaaed 80�. The distribution. of �is 8p} wilZ be d�t,ermined when
the 198fl coats 4f f�ae frix�ges are known. ; , . i
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- Res+�lution, copy for City Clerk, and 1979-1980 La.bor Agreementa. ' _
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1979 — 1980
LABOR AGREEMENT
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INDEPENDENT SCHOOL DISTRICT N0. 625
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UNITED BROTHERHOOD OF CARPENTERS
AND JOINERS OF AMERICA
TWIN CITY CARPENTERS DISTRICT COUNCIL
I N D E X
ARTICLE TITLE PAGE
Preamble iii
I Purpose 1
II Recognition 2
III Employer Rights 3
IV Union Rights 4
V Scope of the Agreement 5
VI Probationary Periods 6
VII Philosophy of Employment and Compensation 7
VIII Hours of Work 8
IX Overtime 9
X Call Back 10
XI Work Location 11
XII Wages 12
XIII Fringe Benefits 14
XIV Selection of Foreman and General Foreman 15
XV Retirement 16
XVI Holidays 17
XVII Disciplinary Procedures 18
XVIII Absences Fram Work 19
XIX Seniority 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 Mileage-Independent School District No. 625 33
XXIX Duration and Pledge 34
Appendix A A1
Appendix B B1
Appendix C C1
Appendix D D1
- ii -
P R E A M B L E �
This AGREEr'�NT is entered into on this 30 day of May, 1979,
_::beLz,reen Independent School District No. 625, hereinafter referred to .as
zhe E1�LOYER and the United Brotherhood of Carpenters and Joiners of
;�merica, �ain City Carpenters District Couacil, hereinafter referred to as
the UNION.
'The ENIPLOYER and the tJNION concur that this AGREII�IENT has as its
� •�bjective the promotion of the responsibilities of the City.of Saint Paul for
�the .benefit of the .general public through effectfve labor-management cooperation.
. �
��=The--F1�LOYER and the tJNION both.realize that this goal depeads not
=�nly on the words in the AGREII�2ENT but rather primarily on attitudes between
.people at all .levels of .responsibility. Constructive attitudes of the II�LOYER,
��he UNION, and the individual employees will .best serve the aeeds of the
=�geaeral public.
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ARTICLE I - PURPOSE
1.1 The II�fPLOYER and the UNION agree that the purpose for entering into
this AGREEMENT is to:
1.11 Achieve orderly and peaceful relations, thereby establish-
ing 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 of pay, hours of work, and other conditions
of employment as have been agreed upon by the II�LOYER 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 manpower productivity.
1.2 The E1�LOYER and the UNION agree that this AGREEMENT serves as a
supplement to legislation that creates and directs the EMPLOYER. If
any part of this AGRE�NT 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) .
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ARTICLE II - RECOGNITION
2.1 The ENIPLOYER 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 with
Case No. 73-PR-478-A dated April 16, 1973.
2.2 The classes of positions recognized as being exclusively represented
by the UNION are as listed in Appendix A.
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ARTICLE III - EMPLOYER RIGHTS
3.1 The EMPLOYER 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 EMPLOYER to eliminate, modify, or
establish following written notification to the UNION.
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ARTICLE IV - UNION RIGHTS
4.1 The EMPLOYER shall deduct from the wages of employees who authorize
such a deduction in writing an amount necessary to cover monthly
UNION dues. Such monies deducted shall be remitted as directed by
the UNION.
4.11 The F.MPLOYER shall not deduct dues from the wages
of employees covered by this AGREEMENT for any other
Iabor organization.
4.12 The UNION shall indemnify and save harmless the
IIKPLOYER from any and all claims or charges made
against the II�PLOYER as a result of the implementation
of this ARTICLE.
4.2 The UNION may designate one (1) employee fram the bargaining unit to
act as a Steward and shall inform the II�PLOYER in writing of such
designation. Such employee shall have the right and responsibilities
as designated in Article 23 (GRIEVANCE PROCEDURE) .
4.3 Upon notification to a desig�ated IIKPLOYER supervisor, the Business
Manager of the UNION, or his designated representative shall be
permitted to enrer the facilities of the II�IPLOYER where employees
covered by this AGREEMENT are working.
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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 AGREEMENT shall supersede such
"terms and conditions of employment" established by Civil Service
Rule, Council Ordinance, and Council Resolution.
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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 E1�II'LOYER without appeal to the provisions of
Article 23 (GRIEVANCE PROCEDURE) .
6.12 An employee terminated during the grobationary
period shall xeceive a written notice of the
reason(s) for such termination, a copy of which
shall .be sent to the UNION.
6.2 All personnel promoted to a higher class of positions shall serve a
six (6) months' promotional probationary period during which time the
employee's fitness and ability to perform the class of positions' duties
and responsibilities shall .be evaluated.
6.21 At any time during the promotional probationary period
an employee may be .demoted to the employee's previously
held class of positions at the discretion of the II��LOYER
without appeal to the provisions of Article 23
(GRIEVANCE PROCEDURE) .
6.22 An employee demoted during the promotional probationary
period shall be returned to the employee's previously
held class of positions and shall receive a written
notice of the reasons for demotion, a copy of which
shall be sent to the UNION.
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ARTICLE VII - PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7. 1 The EMPLOYER and the UNION are in full agreement that the philosophy
of employment and compensation shall be a "cash" hourly wage and
"industry" fringe benefit system.
7.2 The EMPLOYER shall compensate employees for all hours worked at the
basic hourly wage rate and hourly fringe benefit rate as found in
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.
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ARTICLE VIII - HOURS OF WORK
8.1 The normal work day shall be eight (8) consecutive hours per day,
excluding a thirty (30} 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 Monday through Friday.
8.3 If, during the term of this AGREEMENT, it is necessary in the EhIPLOYER's
judgment to establish second and third shifts or a work week of other
than Monday through Friday, the UNION agrees to enter into negotiations
immediately to establish the conditions of such shifts and/or work weeks.
8.4 This section shall not be construed as, and is not a guarantee of, any
hours of work per normal work day or per normal work week.
8.5 All employees shall .be at the location designated by their supervisor,
ready for work, at the established starting time and shall remain at
an assigned work location until the end of the est�blished work day
unless otherwise directed by their supervisor.
8.6 All employees are subject to call-back by the F.MPLOYER 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 sha11 receive pay for two (2) hours, at the
basic hourly rate, unless notification has been given not to report
for work prior to leaving home, or during the previous work day.
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ARTICLE IX - OVERTIME
9.1 All overtime compensated for by the II�IPLOYER must receive prior
authorization from a designated II�LOYER 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 circumstancess
9.21 Time worked in excess of eight (8) hours in
any one normal work day and
9.22 Time worked on a sixth (6th) day following a
normal work week.
9.3 The overtime rate of two (2) times the basic honrly 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 for the
same hours worked.
9.5 Overtime hours worked as provided by this ARTICLE shall be paid in cash.
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ARTICLE X - CALL BACK
10. 1 The II�iPLOYER 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 shaZl 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 sub�ect
to the minimum established by 10.2 above.
10.4 Employees called back four (4) hours or less prior to their normal
work day shall complete the normal work day and .be compensated
only for the overtime hours worked in accordance with Article 9
(OVERTIME) .
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ARTICLE XI - WORK LOCATION, RESIDENCY
11. 1 Employees shall report to work location as assigned by a designated
II�LOYER supervisor. During the normaZ work day employees may be
assigned to other work locations at the discretion of the II�LOYER.
11.2 Employees assigned to work location5 during the normal work day,
other than their original assignment, and who are required to
furnish their own transportation shall be compensated for mileage.
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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 sub�ect ta
all other provisions of the AGREEMENT, but shall not have hourly
fringe benefit contributions and/or deductions ma.de on their behalf
as provided for by Article 13 (FRINGE BENEFITS) .
12.21 Insurance benefits as established by City of Saint Paul
Resolutions including life, hopsital and health insurance
for early retirees who have retired since May 15, 1978.
In order to be eligible for the health benefits under the
early retiree provision, the employee must:
12.21.1 Be .receiving benefits from a public employee
retirement act at the time of retirement.
12.21.2 Have severed his relationship with the City
of Saint Paul under one of the early retiree
plans.
12.21.3 Inform the Peronnel Office of the City of
Saint Paul in writing within 60 days of empZoyee's
early retirement date that he or she wishes to be
eligible for early retiree insurance benefits.
I2.22 Sick Leave as established by Resolution No. 3250, Section 35,
Subdivision E.
12.23 Vacation as established by Resolution No. 6446, Section 1,
Subdivision F.
12.24 Nine (9) legal holidays as established by Resolution No. 6446,
Section 1, Subdivision G.
12.25 Severance benefits as established by Ordinance No. 11490 with
a maximum payment of $4,000.
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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 emergency 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 made 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 EMPLOYER 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 all hours worked.
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ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN
14.1 The selection of personnel for the class of position Carpenter
Foreman shall remain solely with the II�iPLOYER.
14.2 The class of position Carpenter Foreman shall be filled by
employees of the bargaining unit on a "temporary assignment".
14.3 AlI "temporary assignments" shall be made only in cases where
the class of positions is vacant for more than one (1) normal
work day. �
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ARTICLE XV - RETIREMENT
15.1 All employees shall retire from employment with the IIKPLOYER no
later than the last calendar day of the month in which an employee
becomes sixty-five (65) years old.
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ARTICLE XVI - HOLIDAYS
16. 1 The following nine (9) days shall be designated as holidays:
New Year's Day, January 1
Fresidentts Day, Third Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, first Monday in September
Columbus DaY9 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 or Christmas Day falls on a
Sunday, the following Monday shall be considered the designated holiday.
When any of these three (3) holidays falls on a Saturday, the preceding
Friday shall be considered the designated holiday.
16.3 The nine (9) holidays shall be considered non-work days.
16.4 If, in the 3udgment of the E1�'LOYER, personnel are necessary for
operating or emergency reasons, employees may be scheduled or "called
back" in accordance with Article 10 (CALL BACK) .
16.5 Employees working on a designated holiday shall be compensated at the
rate of two (2) times the basic hourly rate for all hours worked.
16.6 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 emplayees
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.
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ARTICLE XVII - DISCIPLINARY PROCEDURES
17. 1 The II�LOYER shall have the right to impose disciplinary actions on
employees for �ust cause.
17.2 Disciplinary actions by the II�PLOYER shall include only the following
actions:
17.21 Oral reprimand
17.22 Written reprimand
17.23 Suspension
17.24 Demotion
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 PROCEDURE) .
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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 each
work day.
18.2 Failure to make such notification may be grounds for discipline
as provided in Article 17 (DISC.IPLINARY PROCEDURES) . .
18.3 Failure to report for work without notification for three (3)
consecutive normal work days ma.y be considered a "quit" by the
ENIPLOYER on the part of the employee.
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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 II�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 absenca,
except when such a leave is granted for a period of less than thirty
' (30) calendar days; is granted because of illness or in3ury; is
granted to allow an employee to accept an appointment to the
unclassified service of the EI�LOYER or to an elected or appointed
fu11-time position with the UNION.
19.3 Seniority shall .terminate when an employee retires, resigns, or is
discharged.
19.4 In the event it is determined by the II+�'LOYER that it is necessary to
reduce the work force employees will be laid off by class title within
each Department based on inverse length of "Class Seniority".
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 IIKPLOYER.
- 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 IIKPLOYER agrees to be guided in the assignment of work jurisi-
diction by any mutual agreements .between the unions involved.
20.3 In the event of a dispute concerning the performance of assignment
of work, the unions involved and the F�MPLOYER 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 F,MPLOYER'S basic right to assign work.
20.4 Any employee refusing to perform work assigned by the ENIl'LOYER and as
clarified by.Sections 20.2 and 20.3 above shall be subject to
disciplinary action as provided in Article 17 (DISCIPLINARY PROCEDURES) .
20.5 There shall .be no work stoppage, slow down, or any disruption of work
resulting from a work 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
actions:
21.11 Resignation. Employees resigning from employment
shall give written notice fourteen (14) calendar
days prior to the effective date of the resignation.
21.12 Retirement. As provided in Article 15.
21.13 Discharge. As provided in Article 17.
21.14 Failure to Report for Duty. As provided in Article 18.
21.1 Employees having an emergency, temporary, or provisional employment
status may be terminated at the discretion of the ENIPLOYER before the
completion of a normal work day.
! - 22 -
'
ARTICLE XXII - TOOLS
22. 1 All employees shall personally provide themselves with the tools
of the trade as listed in Appendix B.
- 23 -
ARTICLE XXIII - GRIEVANCE PROCEDURE
23.1 The IIKPLOYER shall recognize Stewards selected in accordance with UNION
rules and regulations as the grievance representative of the bargaining
unit. The UNION shall notify the II�I�OYER in writing of the names of
the Stewards and of their successors when so named.
23.2 It is recognized and accepted by the EMPLOYER and the.UNION that the
processing of grievances as hereinafter provided is limited by the 3ob
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 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 IIKPLOYER.
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 of grievances, which are defined as an alleged
violation of the terms and conditions of this AGRE�MENT.
23.4 Grievances shall be resolved in conformance wittc 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 informa.l basis with the employee�s
supervisor. If the matter is not resolved to the
- 24 -
ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
employee's satisfaction by the informal discussion it
may be reduced to writing and referred to Step 2 by
the UNION. The written grievance shall set forth the
nature of the grievance, the facts on which it is
based, the alleged section(s) of the AGREEMENT violated,
and the relief requested. Any alleged violation of the
�AGREEMENT not reduced to writing by the U13ION within
seven (7) calendar days of the first occurrence of the
event giving rise to the grievance or within the use of
reaasonable 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 II�4'LOYER 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 F�IPLOYER shall reply in
writing to the UNION within three (3) calendar days follow-
ing this meeting. The UNION may refer the grievance in
writing to Step 3 within 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 EMPLOYER'S answer shall be
considered waived.
- 25 -
i
EIRTICLE XXIII - GRIEVAI3CE PROCEDURE (continued)
Step 3. Within seven (7) calendar days following receipt
of a grievance referred from Step 2 a designated II�Il'LOYER
supervisor shall meet with the UNION Business Manager or
his designated representative and attempt to resolve the
grievance. Within seven (7) calendar days following
this meeting the ENIPLOYER shall reply in writing to the
UNION stating the IIKPLOYER'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 following receipt of the II�LOYER`S answer sha11
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 IIKPLOYER,
request arbitration of the grievance. The arbitration
proceedings shall be conducted by an arbitrator to be
selected by mutual agreement of the II�'lPLOYER 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 (S) arbitrators. Both the EMPLOYER and the
UNION shall have the right to strike two (2) names from
- 26 -
ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
the panel. The UNION shall strike the first (lst) name;
the EMPLOYER 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 to 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 II�LOYER 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 fol.lowing close of the hearing or the submission of briefs
of the parties, whichever be later, unless the parties agree to an
extension. The decision shall be based so2ely on the arbitrator's
interpretation or application of the express terms of this AGREEMENT
and to the facts of the grievance presented. The decision of the
arbitrator shall be final and binding on the II�Il'LOYER, the UNION,
and the employees.
23.6 The fees and expenses for the arbitrator's services and proceedings
shall be borne equally by the F,MPLOYER and the UNION, provided that
each party shall be responsible for compensating �ts own representative
- 27 -
ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
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 F.MPLOYER and the UNION.
- 28 -
ARTICLE XXIV - RIGHT OF SUBCONTRACT
24. 1 The F�'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 II�LOYER 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 covered
by this AGREEMENT shall in all cases be made only to employers
who qualify in accordance with Ordinance No. 14013.
- 29 -
ARTICLE XXV - NON-DISCRIMINATION
25. 1 The terms and conditions of this AGREEMENT will be applied to
employees equally without regard to, or 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.
- 30 -
ARTICLE XXVI - SEVERABILITY
26.1 In the event that any provision(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 3udicial determination.
- 31 -
ARTICLE XXVII - WAIVER
27.1 The EMPLOYER 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 o£ employment. The
agreements and understandings reached by the parties after the
exercise of this right are fully and completely set forth in
this AGREEMENT.
27.2 Therefore, the IIKPLOYER 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
AGREEMENT. The UNION and ENiPLOYER may, however, mutually agree
to modify any provision of this AGREEMENT.
27.3 Any and all prior ordinances, agreements, resolutions, practices,
policies, and rules or regulations regarding the terms and
conditions of employment, to the extent they are inconsistent
with this AGREII�IENT, are hereby superseded.
- 32 -
ARTICLE XXVIII - MILEAGE-INDEPENDENT SCHOOL DISTRICT N0. 625
28. 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 ma.ximum amount which can
be paid per month is established by an estimate
furnished by the employee and the employee's
supervisor.
Another consideration for establishing the
maximum amount can be the experience of another
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 "lump sum" amount. This amount�is @etermined
by the employee°s driving experience under Plan "A"
for a period of 3 to 6 months. Those employees
receiving an auto allowance under this plan must
report monthly the number of days the car was avail-
able 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 €or holiday.
- 33 -
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 30th day of April, 1981,
and continue in effect from year to year thereafter unless notice
to change or to terminate is given in the manner provided in 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 AGREII�lENT 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 recognition that the
GRIEVANCE PROCEDURE herein established is the means by which
grievances concerning its application or interpretation may be
peacefully resolved, the parties hereby pledge that during the
term of the AGREEMENT:
29.31 The UNION and the employees will not engage in,
instigate, or condone any concerted action in which
employees fail to report for duty, will fully 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.
- 34 -
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 wi11 be recommended by the School Board Negotiator
but is subject to the approval ot the School Board, the
Administration of the City and is also subject to ratifi-
cati�n by the ITNION.
AGREID to this 3U day of Map , I979, and attested to as the full
and complete understandin of the ` •
g parties for the period of time hereire specified
by the signature of the following representative for the �LOYER and the UNION.
. •
, WITNESSES: � �
INDEPENDENT SCHOOL DISTRICT N0. 625 • TWIN CITY CARPENTERS� DISTRICT GOUNCIL
OF UNITID BROTHERHOOD OF CARPENTERS
� AND JOINERS OF AMERICA
� .
L ./�C�l
Scho 1 Board Negotiato Busi s Manager
Superintendent, Independent �
School District No. 625 -
� - 35 -
aPPErmzx a
The classes of positions recognized by the EMPLOYER as being exclusively
represented by the UNION are as follows:
Carpenter
CarpenCer-Foreman
Apprentice
Building Inspector
Senior Building Inspector
and other classes of positions that may be established by the II�LOYER where
the duties and responsibilities assigned comes within the jurisdiction of the
UNION.
- A1 -
APPENDIX C
The basic hourly wage rate for provisional, regular and probationary
employees appointed to the following classes of positions and not receiving
the Fringe Benefits listed in Article 12.2 shall be:
Effective Effective
May 1, 1979 May 1, 1980
Carpenter . . . . . . . . . . . . . . . 11.16* I1.79**
Carpenter Foreman . . . . . . . . . . . 1I.98* 12.61**
Building Inspector. . . . . . . . . . . 12.72*
Senior Building Inspector . . . . . . . 13.76*
The basic hourly wage rate for temporary and emergency employees appointed
to the following class of positions shall be:
Effective Effective
May 1, 1979 May 1, 1980
Carpenter . . . . . . . . . . . e . a . 11.61* 12.26**
Carpenter Foreman . . . . . . . . . . . 12.46* 13.11**
Apprentice
The basic hourly wage rate for regular employees appointed to the following
class of positions who are receiving the fringe benefits listed in Article 12.2
shall be:
Effective Effective
May 1, 1979 May 1, 1980
Carpenter . . . . . . . . . . . . . . . 10.20 ***
Carpenter Foreman . . . . . . . . . . . 10.90 ***
Building Inspector. . . . . . . . . . . 11.72 ***
Senior Building Inspector . . . . . . . 12.80 ***
- C1 -
APPENDIX C (continued)
*This rate includes the taxable vacation contribution of $ .55.
**This rate includes the taxable vacation contribution af $ .60.
***The May 1, 1980 hourly wage rates in this contract will be the rates as shown
below less the cost of sick leave usage for 1979 and less the cost of health
and life insurance and vacation for 1980 incurred by the employer for employees
in this bargaining unit.
Carpenter $13.68
Carpenter Foreman 14.53
Building Inspector Average of the total package rates used by
the City for Carpenter Foreman, Electrician
Foreman, Sheet Metal Worker Foreman, Plumber
Foreman and Plasterer Foreman.
Senior Building Average of the total package rates used by
Inspector the City for Senior Plumbing Inspector, Senior
Electrical Inspector, Senior Mechanical Inspector,
Senior Building Inspectoro
- C2 -
APPENDIX D
Effective May 1, 1979, the EMPLOYER shall:
(1) contribute $ .55 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 covered by
this AGREEMENT, to a UNION designated Health and Welfare Fund.
Effective May 1, 1980 this cantribution shall be increased to
$ .60 per houre
(2) � contribute $ .55 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 covered by
. this AGREEMENT to a Pension Fund. Effective May 1, 1980 this con-
tribution shall be increased to $ .60 per hour.
(3) contribute $ .55 per hour from which payroll deduction has been
made for all hours worked by participating employees as defined
in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a
Vacation Fund. Effective May 1, 1980 this contiribution shall be
increased to $ .60 an hour.
(4) contribute $ .15 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 covered by
this AGREII�IENT, to a UNION designated Dental Fund. Effective May 1,
1980 this contribution shall be increased to $ .20 per hour.
(5) contribute $ .02 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 covered by
this AGREII�fENT, to a Apprenticeship Training Fund.
All contributions ma.de in accordance with this Appendix shall be forwarded
to depositories as directed by the UNION.
The EhIPLOYER shall establish Workman's Compensation and Unemployment
Compensation programs as required by Minnesota Statutes.
- Dl -
APPENDIX D (continued)
Participating employees as defined in Articles 12.3, 12.4 and 12.5 covered
by this AGREEMENT, 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 Personnel Rules, Council Ordinance, or Council
Resolutions.
The II�LOYER'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 EMPLOYER has forwarded contributions and/or deductions.
- D2 -
��?�� �
I979 - 1980
LABOR AGREEMENT
- between -
THE CITY OF SAINT PAUL
- and -
UNITED BROTHERHOOD OF CARPENTERS
AND JOINERS OF AMERICA
TWIN CITY CARPENTERS DISTRICT COUNCIL
. � �
�
�
�y.,
�., .
�
' � /
� I
..�;:. ..
INDEX � . ��
ARTICLE TITLE PAGE
Preamble iii
I Purpose 1
II Recognition 2
III Employer Rights 3
IV Union Rights 4
V Scope of the Agreement 5
VI Probationary Periods 6
VII Philosophy of Employment and Compensation 7
VIII Hours of Wor.k 8
IX Overtime 9
X Call Back 10
XI Work Location, Residency 11
XII Wages 12
XIII Fringe Benefits 14
RIV Selection of Foreman and General Foreman 15
XV Retirement 16
XVI Holidays ],7
XVII Disciplinary Procedures 18
XVITI Absences From Work 19
XIX Seniority 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 gi
Appendix C C1
Appendix D D1
i
�
i
I - ii -
�
P
P R E A M B L E
'This AGREEMIIJT is entered into on this 30th day of May , 1979,
�etween the Citq of Saint Paul, hereinafter referred to as the FjMPLOYER and
_3he 3Tnited Brotherhood of Carpenters and Joiners of America, �tain City - �
�arpenters District Council, hereinafter referred to as the UNION.
�The E[�LOYER and the UNION concur that this AGRE�iT has as its •
�b3ective the promotion of the xesponsibilities of the City of Saint Paul for
Lhe .benefit of the general public through effective labor-management cooperation.
The II�'LOYER and the UNION both realize that this goal depends not
-�vnly oa the words in the AGREII�SII�1T but rather primarily on attitudes between
.?people at a11 .1evels of .responsibilitq. Constructive attitudes of the Citq,
�:#he UNION, aad the iadividual employees will best .serve the needs of the
-�geaeral public. �
-o
� - iii - -
ARTICLE I - PURPOSE
1.1 The IIKPLOYER and the UNION agree that the purpose for entering into
this AGREEhiENT is to:
1.11 Achieve orderly and peaceful relations, thereby establish-
ing 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 of pay, hours of work, and other conditions
of employment as have been agreed upon by the E1�LOYER 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 manpower productivity.
1.2 The ENIl'LOYER and the UNION agree that this AGREEMENT serves as a
supplement to legislation that creates and directs the II�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��PLOYER 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 with
Case No. 73-PR-478-A dated April 16, 1973.
2.2 The classes of positions recognized as being exclusively represented
by the UNION are as listed in Appendix A.
- 2 -
ARTICLE III - EMPLOYER RIGHTS
3.1 The EMPLOYER retains 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
AGREELKENT.
3.2 Any "term or condition of employment" not established by this
AGREEMENT shall remain with the EMPLOYER ta eliminate, modify, or
establish following written notification to the iJNION.
- 3 -
ARTICLE IV - UNION RIGHTS
4.1 The II�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 IIKPLOYER shall not deduct dues from the wages
of employees covered by this AGREEMENT for any other
labor organization.
4.12 The UNION shall indemnify and save harmless the
EMPLOYER from any and all claims or charges made
against the EMPLOYER as a result of the implementation
of this ARTICLE.
4.2 The UNION may .designate one (1) employee from the bargaining unit to
act as a Steward and shall inform the II�LOYER in writing of such
designation. Such employee shall have the right and responsibilities
as designated in Article 23 (GRIEVANCE PROCEDURE) .
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 II�PLOYER where employees
covered by this AGREEMENT are working.
- 4 -
ARTICLE V - SCOPE OF THE AGREEMENT
5.1 This AGREIIKENT establishes the "terms and conditions of employment"
defined by M.S. 179.63, Subd. 18 for all employees exclusively
represented by the UNION. This AGREEMENT shall supersede such
"terms and conditions of employment" established by Civil Service
Rule, Council Ordinance, and Council Resolution.
- 5 -
ARTICLE VI - PROBATIONARY PERIODS
6.1 All personnel, originally hired or rehired following separation, in
a regular employment status shall serve a 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 PROCEDURE) .
6.12 An employee terminated during the probationary
period shall receive a written notice of the
reason(s) for such termination, a copy of which
shall be .sent to the UNION.
6.2 All personnel promated 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 shall .be evaluated.
6.21 At any time during the promotional probationary period
an employee may be .demoted to the employee's previously
held class of positions at the discretion of the II�LOYER
without appeal to the provisions of Article 23
(GRIEVANCE PROCEDURE) .
6.22 An employee demoted during the promotional probationary
period shall be returned to the employee's previously
held class of positions and 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 EMPLOYMENT AND COMPENSATION
7.1 The EMPLOYER and the UNION are in full agreement that the philosophy
of employment and compensation shall be a °1cash" hourly wage and
"industry" fringe benefit system.
7.2 The EMPLOYER shall compensate employees for all hours worked at the
basic hourly wage rate and hourly fringe benefit rate as found in
,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 optianed
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 Monday through Friday.
8.3 If, during the term of this AGREEMENT, it is necessary in the II�LOYER's
�udgment to establish second and third shifts or a work week of other
than Monday through Friday, the UNION agrees to enter into negotiations
immediately to establish the conditions of such shifts and/or work weeks.
8.4 This section shall not be construed as, and is not a guarantee of, any
hours of work per normal work day or per normal work week.
8.5 All employees shall .be at the Iocation 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 heen given not to report
for work prior to leaving home, or during the previous work day.
- 8 -
ARTICLE X - CALL BACK
10. 1 The II�iPLOYER 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 sub3ect
to the minimum established by 10.2 above.
10.4 Employees called back four (4) hours or less prior to their normal
work day shall complete the normal work day and .be compensated
only for the overtime hours worked in accordance with Article 9
(OVERTIME).
- 10 -
ARTICLE XI - WORK LOCATION, RESIDENCY
11.1 Employees shall report to work location as assigned by a designated
II��PLOYER 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.
11.3 All new employees appointed after May 1, 1976, would be required
to reside in the City of Saint Paul within one year of their original
appointment, and thereafter would be required to remain within the
City Limits as long as they were employed by the City of Saint Paul.
11.4 This residency requirement shall apply to unclassified employees as
well as classified employees.
11.5 Applicants for positions in the City of Saint Pau1 will not be required
to be residents of the City of Saint Paul.
11.6 Employees failing to meet the .residency requirement will be sub�ect
to termination and a .hearing process shall be established to determine
whether the residency .requirement was met.
- 11 -
ARTICLE XII - WAGES
12.1 The basic hourly wage rates as established by 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 sub3ect to
all other provisions of the AGREEMENT, but shall not have hourly
fringe benefit contributions and/or deductions made on their behalf
as provided for by Article 13 (FRINGE BENEFITS) . �
12.21 Insurance benefits as established by City of Saint Paul
Resolutions including life, hopsital and health insurance
for early retirees who have retired since May 15, 1978.
In order to be eligible for the health benefits under the
early retiree provision, the employee must:
12.21.1 Be receiving benefits from a public employee
retirement act at the time of retirement.
12.21.2 Have severed his relationship with the City
of Saint Paul under one of the early retiree
plans.
12.21.3 Inform the Peronnel 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
eligible for early retiree insurance benefits.
12.22 Sick Leave as established by Resolution No. 3250, Section 35,
Subdivision E.
12.23 Vacation as established by Resolution No. 6446, Section 1,
Subdivision F.
12.24 Nine (9) legal holidays as established by Resolution No. 6446,
Section 1, Subdivision G.
12.25 Severance benef its as established by Ordinance No. 11490 with
a maximum payment of $4,000.
- 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 emergency employees shall be considered,
for the purposes of this AGREEMENT, participating employees and shall
be compensated in accordance with Article I2.1 (WAGES) and have fringe
benefit contributions and/or deductions made 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 -
!
f
I
ARTICLE XIII — FRINGE BENEFITS
13.1 The EMPLOYER shall make contributions on behalf of and/or make
deductions from the wages of employees cavered by this AGREEMENT
in accordance with Appendix D for all hours worked.
- 14 -
ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN
14.1 The selection of personnel for the class of position Carpenter
Foreman shall remain solely with the II�iPLOYER.
14.2 The class of position Carpenter Foreman shall be filled by
employees of the bargaining unit on a "temporary assignment".
14.3 All "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 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 Septembar
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 or Christmas Day falls on a
Sunday, the following Monday shall be considered the designated holiday.
When any of these three (3) holidays falls on a Saturday, the preceding
Friday shall be considered the designated holiday.
16.3 The nine (9) holidays shall be considered non-work days.
16.4 If, in the judgment of the II�LOYER, .personnel are necessary far
operating or emergency reasons, employees may.be scheduled or "called
back" in accordance with Article 10 (CALL BACK) .
16.5 Employees working on a designated holiday shall be compensated at the
rate of two (2) times the basic hourly rate for all hours worked.
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�
l
ARTICLE XVII - DISCIPLINARY PROCEDURES
17. 1 The II�LOYER shall have the right to impose disciplinary actions on
employees for just cause.
17.2 Disciplinary actions by the II�LOYER shall include only the following
actions:
17.21 Oral reprimand
17.22 Written reprimand
17.23 Suspension
17.24 Demotion
17.25 Discharge
17.3 Employees who are suspended, demoted, or discharged sha11 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 xeviewing 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 PROCEDURE) .
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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 each
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
II�LOYER on the part of the employee.
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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 E1�'LOYER from the
last date of employment in any and all class titles
covered by this AGREEMENT.
19.12 "C1ass Seniority" - the length of continuous regular
and probationary service with the II�'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 in3ury; is
granted to allow an employee to accept an appointment to the
unclassified service of the EMPLOYER 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�LOYER that it is necessary to
reduce the work force employees will be laid off by class title within
each Department based on inverse length of "Class Seniority".
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 IIKPLOYER.
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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 ENIPLOYER.
20.2 The F.i�'LOYER agrees to be guided in the assignment of work jurisi-
diction by any mutual agreements .between the unions involved.
20.3 In the event of a dispute concerning the performance of 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 EMPLOYER to accomplish the work as
originally assigned .pending resolution of the dispute or to restrict
the IIKPLOYER�S basic right to assign work.
20.4 Any employee .refusing to .perform work assigned by the II�LOYER and as
clarified by Sections 20.2 and 20.3 above shall be subject to
disciplinary action as provided in Article 17 (DISCIPLINARY PROCEDURES} .
20.5 There shall .be no work stoppage, slow down, or any disruption of work
resulting from a work assignment.
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ARTICLE XXI - SEPARATION
21.1 Employees having a probationary or regular employment status shall
be considered separated from employr.ient based on the following
actions:
21.11 Resignation. Employees resigning from employment
shall give written notice fourteen (14) calendar
days prior to the effective date of the resignation.
21.12 Retirement. As provided in Article 15.
21.13 Discharge. As provided in Article 17.
21.14 Failure to Report for Duty. As provided in Article 18.
21.1 Employees having an emergency, temporary, or provisional employment
status may be terminated at the discretion of the II�'LOYER before the
completion of a norma.l work day.
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ARTICLE XXIII - GRIEVANCE PROCEDURE
23.1 The EMPLOYER shall recognize Stewards selected in accordance with UNION
rules and regulations as the grievance representative of the bargaining
unit. The UNION shall notify the II�LOYER in writing of the names of
the Stewards and of their successors when so named.
23.2 It is recognized and accepted by the 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
processad 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�IPLOYER.
23.3 The proced�ure 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 of grievances, which are defined as an alleged
violation of the terms and conditions of this AGREEMENT.
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 employee's
supervisor. If the matter is not resolved to the
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ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
employee's satisfaction by the informal discussion it
may be reduced to writing and referred to Step 2 by
the UNION. The written grievance shall set forth the
nature of the grievance, the facts on which it is
based, the alleged sectian(s) of the AGREEMENT violated,
and the relief requested. Any alleged violation of the
�AGREEMENT not reduced to writing by the ITNION within
seven (7) calendar days of the first occurrence of the
event giving rise to the grievance or within the use of
reaasonable 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 II�PLOYER 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 follow-
ing this meeting. The UNION may refer the grievance in
writing to Step 3 within 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 EMPLOYER'S answer shall be
considered waived.
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EIRTICLE XXIII - GRIEVANCE PROCEDURE (continued)
Step 3. Within seven (7) calendar days following receipt
of a grievance referred from Step 2 a designated II�LOYER
supervisor shall meet with the UNION Business Manager or
his designated representative and attempt to resolve the
grievance. Within seven (7) calendar days following
this meeting the Er�'LOYER shall reply in writing to the
UNION stating the II�LOYER'S answer concerning the
grievance. If, as a result of the written response the
grievance remains unresolved, the 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 xeceipt of the IIKPLOYER'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 EMPLOYER,
request arbitration of the grievance. The arbitration
proceedings shall be conducted by an arbitrator to be
selected by mutual agreement of the ENIPLOYER 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 the II�LOYER and the
UNION shall have the right to strike two {2) names from
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ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
the panel. The IINION shall strike the first (lst) name;
the EN�LOYER shall then strike one (1) name. The process
will be repeated and the remai,ning person shall be the
arbitrator.
23.5 The arbitrator shall have to 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 II�LOYER 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 xegulations 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
of the parties, whichever be later, unless the parties agree to an
extension. The decision shall be based solely on the arbitrator's
interpretation or application of the express terms of this AGREEMENT
and to the facts of the grievance presented. The decision of the
arbitrator shall be final and binding on the II�LOYER, the UNION,
and the employees.
23.6 The fees and expenses for the arbitrator's services and proceedings
shall be borne equally by the EMPLOYER and the UNION, provided that
each party shall be responsible for compensating its own representative
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ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
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 EMPLOYER 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 ENIPLOYER 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 covered
by this AGREEMENT shall in all cases be made only to employers
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 provision(s) of this AGREEMENT is declared
to be contrary to law by proper legislative, administrative, or
judicial authority from whose finding, determination, or decree
no appeal is taken, such provision(s) shall be voided. All other
provisions shall continue in full force and 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 3udicial determination.
,
�, - 31 -
�
ARTICLE XXVII - WAIVER
27. 1 The EMPLOYER 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 full� and completely set forth in
this AGREEMENT.
27.2 Therefore, the IIKPLOYER and the UNION for the duration of this
AGREEMENT agree that the other party shall not be obligat�d to
meet and negotiate over any term or conditions of employment
whether specifically covered or not specifically covered by this
AGREENIENT. The UNION and II�LOYER may, however, mutually agree
to modifq 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 AGREIIKENT, are hereby superseded.
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ARTICLE XXVIII - CITY MILEAGE PLAN
28.1 Automobile Reimbursement Authorized: Pursuant to Chapter 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 al�.
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
xequired to use their own automobiles on s regular
basis on city business, re3mbursement at the rate
of $2.50 for each day of work, and in addition
thereto at the rate of 705 cents for each mile driven.
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 applicabTe 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 lese 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.
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ARTICLE XXIX - DUR.ATION 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 30th day of April, 1981,
and continue in effect from year to year thereafter unless notice
to change or to terminate is given in the manner provided in 29.2.
29.2 If either party desires to terminate or modify this AGREEMENT,
effective as of the date of expiration, the party wfshing 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 AGREII�IENT may only be so terminated or modified effeetive
as of the expiration date.
29.3 In consideration of the terms and conditions of employment
established by this AGREEMENT and the recognition that the
GRIEVANCE PROCEDURE herein established is the means by which
grievances concerning its application or interpretation may be
peacefully resolved, the parties hereby pledge that during the
term of the AGREEMENT:
29.31 The UNION and the employees will not engage in,
instigate, or condone any concerted action in which
employees fail to report for duty, will fully absent
themselves from work, stop work, slow down their work,
or absent themselves in whale or part from the full,
faithful performance of their duties of employment.
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ABTICLE XXIR - DURATION AND PLEDGE (continued) '
-29.32 The EI�LOYER will not engage in, instigate, or condone
,aay lock-out of employees.
� 29.33 This constitutes a tentative agreement between the parties
�hich will be seco�ended by the City Negotiator, but is
$ubject to the approval of the Administration of the City,
$nd is also sub3ect to ratification by the L1NI0N.
AGREID to this 30th day of May , 1979, and attested to as the
"fnll and complete understanding of the parties for the period of time herein
_�pecified by the signature of the following representative for the II�LOYER
�nd the UNION: '
• ,
WITNESSES
-:�ITY OF SAINT PAUL -- _ =3'WIIJ CITY CARPENTERS f DISTRICT COUNCIL
OF �TED BROTHERHOOD OF CARPENTERS AND
.AJOINERS OF ICA
� • �
v �
bor Re ation '" ct,�r s Manager
�f
�ivi1 Service Commission
---35 -
APPENDIX A
The classes of positions recognized by the IIrIPLOYER as baing exclusively
represented by the UNION are as follows:
Carpenter
Carpenter-Foreman
Apprentice
Building Inspector
Senior Building Inspector
and other classes of positions that ma.y be established by the II�II'LOYER where
the 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 and not receiving
the Fringe Benefits listed in Article 12.2 shall be:
Effective Effective
May 1, 1979 May 1, 1980
Carpenter . . . . . . e . . . . . . . 11.16* 11.79**
Carpenter Foreman . . . . e . . . . . . 11.98* 12.61**
Building Inspector. . . . . . . . . . . 12.72*
Senior Building Inspector . . . . . . . 13.76*
The basic hourly wage rate for temporary and emergency employees appointed
to the following class of positions shall be:
Effective Effective
May 1, 1979 May I, 1980
Carpenter . . . . . . . . . . . . . e . 11�61* 12.26**
Carpenter Foreman . . . . e . . . a . . 12.46* 13.11**
Apprentice
The basic hourly wage rate for regular employees appointed to the following
class of positions who are xeceiving the fringe benefits listed in Article 12.2
shall be:
Effective Effective
May 1, I979 May 1, 1980
Carpenter . . o . . . . . . . . . . . . 10.20 ***
Carpenter Fareman . . . . . . . . . . . 10.90 ***
Building Inspector. . . . . . . . . . . 11.72 ***
Senior Building Znspector . . . . . . . 12.80 ***
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APPENDIX C (continued)
*This rate includes the taxable vacation contribution of $ .55.
**This rate includes the taxable vacation contribution of $ .60.
***The May 1, 1980 hourly wage rates in this contract will be the rates as shown
below.less the cost of sick leave usage for 1979 and less the cost of health
and life insurance and vacation for 1980 incurred by the employer for employees
in this bargaining unit.
Carpenter $13.68
Carpenter Foreman 14.53
Building Inspector Average of the total package rates used by
the City for Carpenter Foreman, Electrician
Foreman, Sheet Metal Worker Foreman, Plumber
Foreman and Plasterer Foreman.
Senior Building Average of the total package rates used by
Inspector the City for Senior Plumbing Inspector, Senior
Electrical Inspector, Senior Mechanical Inspector,
Senior Building Inspector.
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APPENDIX D
Effective May 1, 1979, the EMPLOYER shall:
(1) contribute $ .55 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 covered by
this AGREEMENT, to a UNION designated Health and Welfare Fund.
Effective May 1, 1980 this contribution shall be increased to
$ 060 per houre
(2) � contribute $ .55 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 eovered by
this AGREEMENT to a Pension Fund. Effective May 1, 1980 this con-
tribution shall be increased to $ .60 per hour.
(3) contribute $ .55 per hour from which payroll deduction has been
made for all hours worked by participating employees as defined
in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a
Vacation Fund. Effective May 1, 1980 this contribution shall be
increased to $ .60 an hour.
(4) contribute $ .15 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 covered by
this AGREEMENT, to a UNION designated Dental Fund. Effective May 1,
1980 this contribution shall be increased to $ .20 per hour.
(5) contribute $ .02 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 covered by
this AGREEhiENT, to a Apprenticeship Training Fund.
All contributions made in accordance with this Appendix shall be forwarded
to depositories as directed by the UNION.
The II�IPLOYER shall establish Workman's Compensation and Unemployment
Compensation programs as required by Minnesota Statutes.
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.
��`��� 4
APPENDIX D (continued)
Participating employees as defined in Articles 12.3, 12.4 and 12.5 covered
by this AGREEMENT, shall not be eligible for, governed by, or accumulate vacation,
sick leave, holiday, funeral leave, 3ury duty, or insurance fringe benefits that
are or may be established by Personnel Rules, Council Ordinance, or Council
Resolutions.
The E.NII'LOYER'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 va�ious funds
to which the EMPLOYER has forwarded contributions and/or deductions.
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