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273229 l �� WHIT. C�TV CLERK PINK� FINANCE GITY OF SAINT PALTL Council �' CANAR DEPARTMENT BYU� - MAYOR File NO. ouncil Resolution Presented By - Referred To Committee: Date Out of Committee By Date An administrative Resolution approving the terms and conditions of 1979-1980 Maintenance Labor Agreements between the City of St. Paul, Independent School District No. 625, and the Twi.n Cities Glaziers and Glass Workers - Local J.324. 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 the 1971., as amended, recognizes the Twin Cities Glaziers and Glass Workers Local 1324, as exclusive representative for those classes of positions within the City of St. Pau1 certified by the Bureau of Mediation Services under Case No. 73-PR-510-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, Independent School District 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 June ]�, 1979, through May 3]., 1981, for such personnel as are set forth in the Agreement between the City of St. Paul, Independent School � District No. 625, and the exclusive representatives; arid WHEREAS, the 1979-].980 Agreements have been reached which i.nclude a wage adjustment retroactive to June 1, 1979; now, therefore, be it -1- COUNC[LMEN Requested by Department of: Yeas Nays Butler [n Favor Hozza Hunt Levine _ __ Against BY Maddox Showalter Tedesco Adopted by Council: Date Form proved by ity e c Certified Yassed by Counc.il Secretary BY gy, � t�pproved by Ylavor: Date _ Appr v d by Mayor for Submi io to Council By _ _ By WHIT£ �� - CITV CLERK � ��• ■� A PINK - FINANCE GITY OF SAINT PAUL Council ,S '9 CANA�- DEPARTMENT BIUt' - MAYOR - � File N . Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Maintenance Labqr 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 Twin Cities Glaziers and Glass Workers Local 1324, 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 AgreemeniBOn behalf of the City. Approved: �� Chairman Civil Service Commission -2- COUNCILMEN Requested by Department of: Yeas Nays �r .� [n Favor PERS N L OFFIC —�Ie��a Hunt � ' --�e _ __ Against BY " Maddox Showalter Tedesco � p Adopted by Council: Date � � o �� Form A roved by Certified • •s y o nci , ret BY gy. 61p ved by Mavor. Date d�+4 � Appr e by Mayor for Su mi s oi�to Council B �U6t.ISHED J U� ? 1979 • , \ �`�`�. �. 1979 - 1980 MAINTENANCE LABOR AGREEMENT - bet�aeen - THE CIT� OF S_4INT PAUL - and - TWI1� CITY GLAZIERS AND GLASS WORKERS LOCAL N0. 1324 INDEX ARTICLE TITI.E PAGE Preamble iii I Purpose ' 1 II Recognition 2 III Employer Rights 3 TV Union Rights 4 V Scope of the Agreement S VI Probationary Periods 6 VII Philosophy of Employment and Compensation 7 VIII Hours of Work 8 IX � Overtime 9 X CaZl Back 10 XI Work Location, Residency 11 XII Wages 12 XIII Fringe Benef ii.s 14 XIV Selectiori of Foreman and General Foreman 15 XV Retirement 16 XVI Holidays 17 XVII Disciplinary Procedures 18 XVIII Absences From 41ork 19 XIX Seniority . 20 XX Jurisdictian 21 XXI Separation 22 XXII lools 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 XXX Duration and Pledge 34 Appendix A A1 App�ndix B B1 Appendix C C1 Appendix D Dl - ii -- 2��;� P R E A M B L E This AGREEMFNT is entered into on thi.s day of May, 1979, between the City of Saint Paul hereinafter referred to as the II�IPLOYER and the �tain City Glaziers and Glass Workers Local 1324 hereinafter referred to a.s the UNION. The Er1PL0YER and the UNION concur that this AGREEMENT has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management coorperation. The EMPLOYER and the UNION both realize that this goal depends not only on the words in the AGREEi�1ENT but rather primarily on a.ttitudes between people at all levels of responsibility. Gons�ructive attitudes of the City. the UNION, and the individual employees will best serve the needs of the general public. - iii - ARTICLE I - PURPOSE 1.1 The II�PLOYER and the UNION agree that the purpose for entering into this AGREFr1FNT is to: 1.11 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee pe-rformance that is consistent with the safety and well-being of all concerned; 1.12 Set fortti rates of pay, hours of work, and other conditions of employment as have been agreed upon by the F.�iPLOYER and the UNION; 1.13 Establish procedures to orderly and peacefully resolve disputes as to the application or inter- pretation of this AGREEMENT without loss of manpower productivity. 1.2 The EMPLOYER and the UNION agree that thzs AGREEMENT serves as a supplement to legislation that creates and directs the EMPLOYER. 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-510-A dated May 11, 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 deterr,iine 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 AGREEMEPdT shall remain with the ENIPLOYER to eliminate, modify, or establish following written notification to the UNIOI3. _ � _ 2'7`��,� ARTICLE IV - UNION RIGHTS 4.1 The EMPLOYER shall deduct from the wages af employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies deducted s�iall be remitted as direeted by the UNION. 4.11 The EMPLOYER shall not deduct dues from the wages of employees covered by this AGREEriENT 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 ARTIGLE. 4.2 The UNION may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the EriPLOYER in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 23 (GRIEVANCE PROCEDUR�) . 4.3 Upon notification to a designated F.�IPLOYER supervisor, the Business Manager of the UNION, or his designated representative shall be permitted to enter the facilities of the EMPLOYER where employees covered by this AGREEMENT are working. - 4 - ARTICLE V - SCOPE OF THE AGREEriENT 5.1 This AGREEP4ENT established the "terms and conditions of employment" defined by r1.S. 179.63, Subd. 1.8 for all employees exclusively represented by the UNION. This AGREEI�IENT shall supercede such "terms and conditions of employment" established by Civil Service Rule, Counci.l Ordinance, and Council Resolution. - 5 - ARTICLE VI - PROBATION�RY PERIOD6 ��`�°�� 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 probationa�y period an employee may be terminated at the discretion of the II��LOYER without appeal to the provisions of Article 23 (GRIEVANCE PROCEDURE) . 6.12 An employe.e terzninated 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 Al1 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 responsi- bilities 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 EMPLOYER 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 UI�TION. - 6 - ARTICLE VII - PHILOSOPHY OF EriPLOYMEI�TT AND COMPENSATIQN 7.1 The EMPLOYER and the UNIOIv' are in full agreement that the philosophy of employment and compensation shall be a "cash" hourly wage and "industry" fringe benefit systeni. 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 ([�TAGES) and 13 (FRINGE BENEP'ITS) . 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this AGREEMENT; except those employees who have individually optioned to be "grandfathered" as provided by 12.2. - 7 - ARTICLE VIII - HOURS OF WORh 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 worlc week shall be five (S) consecutive normal work days Monday through Friday. 8.3 If, during the term of this AGREEMENT, it is necessary in the ENIPLOYEP�'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.S All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.6 All employees a_re subject to call-back by the EMPLOXER as provided by Article 10 (CALL BACK) . 8.7 Employees reporting for work at the established starting time and for whom no work i_s a�ailable sha]_1 receive pay for two (2) haurs, at the basic hourly rate, unless notif ication has been given not ta report for worlc prior to leaving home, or during the previous work day. - 8 - ��`��:� ARTICLE I� - OVERTITIE 9. 1 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. 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 bein� paid on a time-and- one-half basis for such overtime work. The basis on which such overtime shall be pai.d shall be determined solely by the EMPLOYER. 9.2 The rate of one and one-half (1 1/2) the basic hourly rate shall be the overtime rate for work performed under the following circumstances: 9.21 Time worked in excess of eight (8) hours in any one normal work day and; 9.22 Time worked on a sixth (6th) day following a normal work week. 9.3 The rate of two (2) times the basic hourly rate shall be the overtime rate 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-tour (24) hour period, provided, that all "emergency" work required by "Acts of God" shall be conlpensated at the rate o£ one and one-hal.f (I 1/2) . 9.4 For the purpose of calculating overtime compensation overtime hours worked shall not be "pyramided", compounded, or paid twice for the same hours worked. ' 9 - ��9 ARTICLE X - CALL BAC� 10. 1 The EMPLOYER retains the right to call back employees before an employee has started a normal �oork day or normal work week and after an employee �ias 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 �aorked based on a call-back shall be compensated in accordance with Article 9 (OVERTIME), when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the avertime hours worked in accordance with Article 9 (OVERTIr1E) . - 10 _ ARTICLE XI - tiJORK LOCATI0�1, RESIDENCY 11.1 Employees shall report to work location as assigned by a designated II�IPLOYER supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the EMPLOYER. 11.2 Employees assigned to work locations durin� the normal work day, other than their original assignment, and who are required to furnish their o�m transportation shall be compensated for mileage. 11.3 Al1 new employees appointed after January 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 Paul will not be required to be residents of the City of Saint Paul. 11.6 Employees failing to meet the residency requirement will be subject to termination and a hearing process shall be established to determine whether the residency requirement was met. - 11 - ARTICLE XII - WAGES 12.1 The basic hourly wage rates as establisl.ed by Appendix C shall be paid for all hours worked by an employee. 12.2 Employees who are covered by the fringe benefits listed below shall continue to be covered by such benefits. They shall be subject to all other provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.21 Insurance benefits as established by City of Saint Paul Resolutions. 12.22 Sick Leave as established by Ordinance No. 3250, Section 35, Subdivision E. 12.23 Vacation as established by Ordinance No. 6446, Section 1, Subdivision H. 12.24 Nine (9) legal holidays as established by Ordinance No. 6446, Section l, Subdividion I. 12.25 Severence benefits 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 AGREF.r1ENT, partici- pating 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 J.3 (FRINGE BENEFITS) . 12.4 Provisional, temporary, and emergency employees shall be considered, for the purposes of this AGREEMENT, participating emplo}�ees 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 AGREEriENT, 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 (FRTNGE BENEFITS) . 12.6 A premium pay of sixty cents (60�) per hour shall be paid for all swing stage work, such as any work performed from a boatswain's chair or a swing scaffold, twenty (20) feet or more above the ground. Al1 standard safety laws shall be compiled with. - 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 AGREEMEYdT in accordance �aith Appendix D for all hours worked. - 14 - ��2� � ARTICLE fiIV - S�LECTION OF FOREMAN Aiv'D GENERAL FORE'i,1AN 14.1 The selection of personnel far the class of position of Foreman sha11 remain solely with the EMPLOYF.P.. 14.2 The class of position of Foreman shall be filled by employees of the bargaining unit on a "temporary assignment". 14.3 All "tempora_ry assignments" shall be made only at the direction of a designated Er1PL0YER supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day. - 15 - ARTICLE XV - RETIREI�IENT 15.1 All employees shall retire from employment with the EMPLOYER no later than the last calendar day of the month in which an employee becomes sixty-five (65) years o1d. - 16 � ARTICLE XVI - HOLIDAYS 16.1 The following nine (9) days shall be designated as holidays: New Year�s Day, January 1 President's nay, Third Monday in February rlemorial Day, last Monday in May Independence Day, July 4 Labor Day, first I�onday in September Columbus Day, second Monday in October Veteran's Day, November 11 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 16.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following rionday 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�ZPLOYER, 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 a11 hours worked. - 17 - ARTICLE XVII - DISCIPLINARY PROCEDURES 17.1 The EriPLOYER shall have the right to impose disci�linary actions on employees for just cause. 17.2 Disciplinarq actions by the F.NIPLOYER shall include only the following actions: 17.21 Oral reprimand. 17.22 Written reprimand. 17.23 Suspension. I7.24 Demotion. 17.25 Discharge. 17.3 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be revietired by the Civil Service Commission or a designated Board of Review. The Civil Service Commission, or a designated Board of Revie�v, shall be the sole and exclusive means of reviewing a suspension, demotiony 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) . - 18 - ARTICLE XVIII - ABSENCES FR0�1 WORK 18.1 Employees �aho are unable to report for their nor.mal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 18.2 Failure to make such notification may be ground for discipline as provided in Article 17 (DISCIPLINARY PP.00EDURES) . 18.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a "quit" by the EMPLOYER on the part of the employee. - 19 - ARTICLE XIX - SENIORIT� �+� >T9,�'�� 19.1 Seniority, for the purposes of this AGREEM�NT, shall be defined as follows: 19.11 "Master Seniorit}*" - The length of continuous regular and probationary service with the ErfPLOXER from the last date of employment in any and aIl class titles covered by this AGREP,1�fENT. 19.12 "Class Seniority" - The length of continuous regular and probationary service witl� the EMPLOYER 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 o£ absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to alloca an employee to accept an appointment to the unclassified service of the II�IPLOYER 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 hy the EriPLOYER that it is necessary to reduce the work force employees will be laid off by class title within each Department based on inverse length of "Class Seniority". Employees laid off shall have the ri.ght to r.einstatement in any lower-paid class title, provided, employee has greater "Z4aster Seniority" than the employee being replaced. 19.5 The sel_ection of vacation periods shal.l be made by class title based on length of. "Class Seniority", subject to the approval of the II�'LOYER. - 20 - ARTICLE XX - JURISDICTION 20.1 Disputes concernin� work jurisdiction between and among unions is recognized as an appropriate subject to determination by the various unions represeiiting employees of the EMPLOYER. 20.2 The II�TPLOYER agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 20.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the II�iPLOYER shall meet as soon as mutually possible to resolve the. dispute. Nothing in the foregoing shall restrict the right of the F1�IPLOYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict the EMPLOYER'S basic right to assign woric. 20.4 Any employee refusing to perform work assigned by the II�IPLOYE�t 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 �I - SEPAR.ATION 21.1 Employees having a probationary or regular empl.oyment status shall be considered separated from employment bas�d on the following actions: 21.11 ReSlgnation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resi�nation. 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. 21.2 Employees having an emergency, temporary, or provisional employment status may be terminated at the discretion of the EMPLOYER before the completion of a normal work day. - 22 - �`�`�� ARTICLE RXIII - GRIEVt1NCE PROCEDURE 23.1 The Er1PL0YER shall recognize Stewards selected in accordance �oith UNION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the EMI'LOYER in �vriting of the names of the Stewards and of their successors when so named. 23.2 It is recognized and accepted by the ErfPLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the job duties and responsiUilities 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 gay when a grievance is processed during working hours, provided, the Steward and the empZayee 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 progra�s of the F�hiPLOYER. 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 AGREEMENT. 23.4 Grievances shall be resolved in conforMance with the following pracedure: Step 1. Upon the occurence of an alleged violation of this AGREEAZENT, the employee involved shall attempt to resolve the matter on an informal basis with the employee�s supervisor. If the matter is not resolved - 24 - ARTICLE XXIII - GRIEVANCE PROCFDURE (continued) to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the facts on ��7hich it is based, the alleged section(s) of the AGREEMF,NT violated, and the relief requested. Any alleged violation of the AGREEMI:NT 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. SetP 2. Within seven (7) calendar days after receiving the written grievance a designated II�IPLOYER supervisor shall meet with the UNION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the II�ZPLOYER shall reply in writing to the UNION within three (3) calendar. days following this meeting. The UNION may refer the grievance in writing to St2p 3 within seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any grievance not xeferred in writing by the UNION within seven (7) calendar days following receipt of the aZPLOYER'S answer shall be considered waived. - 25 - ARTICLE XXIII - GRIEVAIICE YROCEDURE (continued) Step 3. Within seven (7) calendar days followin.g receipt of a grievance referred from Step 2 a designated EMPLOX�R supervisor shall meet �vith the UNION Business rlanager or his desigratPd 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 EMPLOYER'S ans�aer 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 �oriting by the UNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waided. Step 4. If the grievance remains unresolved, the UNION may �vithin seven (7) calendar days after the response of the EMPLOYER 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 EMPLOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator �aithin 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 F�IPLOYER and the - 26 - ARTICLE XXIII - GRIEVANCE PROCEUURE (continued) UNION sha11 have the right to strike two (2) names from the panel. TY►e 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 no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOY�R 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 shal.l be submitted in writing �aithin thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. Th.e decision of the arbitrator shall be final and binding on the EMI'LOYER, the UNION and the employees. - 27 - EIRTICLE k'�III - GRIEVANCE PROCEDURE (continued) ��`��• ' 23.6 The fees and expenses f.or the arbitrator's services and proceedings shall be borne equally by the LfiiPL0YB1'� and the UNION, prouided that each party shall be responsible for compensating its own representative and witnesses. If either party cancels an arbitration hearing or asks for a last minute postponement that leads to the arbitrators making a charge, the canceling party or the party asking for the postponement shall pay this charge. If either party desires a verbatim record of the proceedings, it m.ay 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 E�MPLOYER and the IJNION. - 28 - ARTICLE XXIV - RIGHT OF SUBCONTIZACT 24.1 The ETg'F'LOYER may, at any time during ttie duration of this AGREEMENT, contract out work done by tt�e employees covered by this AGREE�IENT. In the event that such contracti�zg would result in a reduction of the work force covered by this AGREEriENT, the EMPLO�'ER 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 X�iV - NON-DISCRIASINATION 25.1 The terms and concliLions of this AGREEMENT will be applied to employees equally without regard to, or discrimi.nation for or against, any individual because of race, color, creed, sey, age, or because of inembership or non-membership in the UNION. 25.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. - 30 - ARTICLE �VI - SF.VERABILITY 26.1 In the event that any provision(s) of this AGP,EEMENT 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 judicial determination. - 31 - ARTICLE XXVII - WAIVER 27.1 The L'r1PL0YFR and the UNION acknocal.edge that during the meeting and negotiating which resulted in this AGREEriENT, 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 tYiis right are fully and completely set forth in this AGREEMENT. 27.2 Therefore, the II�iPLOYER and the UNION for the duration of this AGREF�IENT agree that the other party shall not be obligated to meet and negotiate over any term or conditions of employment whether specif ically covered or not specifically covered by this AGR�ErIENT. The UNION and EMPLOYER may, however, mutually agree to modify any provision of this AGREEPiENT. 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 - w � ,��;� EIRTICLE XXVIII - CITY MIL�AGE PLAN 28.1 Automobile Reimbursement Authorized: Pursuant to Chapter 92A of the St. Paul Legislative Code, as amended, pertaining to rei.mbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the follo�aing provisions are adopted. 28.2 Method of Computation: To be eligible for 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, reim- bursement at the rate of 14 cents for each mile driven. Type Z. 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 $2.50 for each day of work, and in addition thereto at the rate of 7.5 cents for each mile driven. 2$.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 maint�in automobile liability insurance in amounts nat less than $100,000/300,000 for personal injury, and $50,000 for property damage. These rules and regulations, together with any amendments thereto, shall be maintained on file �vith the City Clerk. - 33 - ARTICLE X?:I�� - DUP.t1TI0N AND PL�DGE 29. 1 This AGRE�.fi1ENT shall become effective as of the date of signing, except as specifically provided otherwise in Artic]_es 12 and 13, and shall remain in effect through the 31st day of riay, 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 o�ishing 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 AGREEMENT may only be so terminated or modified effective as of the expiration date. 29.3 In consideration of the terms and conditions of employment establ.ished by this AGREII�IENT 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 AGREEr1ENT: 29.31 The UNION and the employees will not engage in, instioate, or condone any concerted action in which employees fail to report for duty, �ailfully absent themselves from worlc, stop wor.k, slow down their work, or absent themselves in whole or part from the full, faith£ul performance of their duties of employment. - 34 - ARTICLE XXIX - DURATION AND PLEDGE ��" �+��+ f 29.32 The II�IPLOYER will not engage in, instigate, or condone any lock-out of employees. 29.33 This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is sub�ect to the approval of the Administration of the City and is also subject � to ratification by the UNION. AGREED to this day of May, 1979, and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representative for the ENIPLOYER and the UNION. WITNESSES: CITY OF ST. PAUL TWIN CITY GLAZIERS AND GLASS WORKERS LOCAL 1324 1 • • (, � ,"� '��,%�- ✓ ) �`� �. a or Rela ion rect Bu in` s Manager ! � Civil Service Commission - 35 - APPENDIX A The classes of positi.ons recognized by the EMPLOYER as bein� exclusively represented by the UNION ar.e as follows: Glazier Apprentice and other classes of positions that may be established by the EMPLOYER where the duties and xesponsibilities 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: Eff ective Effective June 1, 1979 June 1, 1980 Glazier. . . . . . . . . . . . . . . . $11.68 $12.45 The basic hourly wage rate for temporary and emergency employees appointed to the following classes of positions shall be: Effective Effective June 1, 1979 June 1, 1980 Glazier. . . . . . . . e . . . . . . . . $11.65 $12.45 Apprentice 0 - 6 months . . . o . . . . . . . . 60� of Glazier rate 7 - 12 months. . . . . . . . . . . . 65� of Glazier rate 13 - 18 months. . . . . . . . . . . . 70% of Glazier rate 19 - 24 months. . . . . . . . . . o . 75% of Glazier rate 25 - 30 months. . . . . . . . . . . . 80% of Glazier rate 31 - 36 months. . . . . . o . . . . . 90% of Glazier rate The basic hourly wage rate for regular employees appointed to the following classes of positions, who are receiving the Fringe Benefits listed in Article 12.2 shall be: Effective Effective June 1,. 1979 June 1, 1980 Glazier. . . . . . . . . . . . . . . . . $10.26 * A premium pay of sixty cents (60G) per hour shall be paid for all swing stage work, such as any work performed from a boatswain's chair or a swing scaffold, twenty (20) feet or more above the ground. All standard safety laws shall be complied with. *The June 1, 1980, hourly wage rate in this contract will be the rate as shown below less the cost of sick leave usage for 1979 and less the cost of health and life insurance, vacation, holidays and pensions for 1980 incurred by the employer for employees in this bargaining unit. Glazier $I3.41 - C1 - APPENDIX D Effective June 1, 1979, the F1�IPLOYER shall: (1) contribute $ .45 per hour for all. hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREE1�fENT, to a UNION designated Health and L�elfare Fund. (2) deduct $ .35 per hour for all hours worked from the earnings of participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREErfENT, and for�oard to a Vacation Fund. (3) contribute $ .Ol per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGRE�fi1ENT, to a Journeyman and Apprenticeship Training Fund. (4) In addition to the above, in the case of Tenporary and Emergency employees, the II�Zi'LOYER shall contribute $ .50 per hour for all hours worked ta a Pension Fund. All contributions made in accordance with this Appendix shall be forwarded to depositories as directed by the UNION. The EMPLOYER shall establish Workman's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating employees as defined in Articles 12.3, 12.4 and 12.5 couered 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�4I'LOYER'S fringe benefit obligation to participating employees as defined in Articl.es 12.3, 12.4 and 12.5 is limited to the contributions and/or deductions establishe.d by this AGREE�fEi1T. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the EMPLOYER has for�oarded contributions and/or deductions. - D1- ' - i/.�� _� �.;1' �j:1.�:� �'' :t�� _�_. i" • '__�^ .��-� - 1 . }'�(� {� .• � � -�- `�- rr��- ��7 �A1 3 M��a % ' :;'� ; U�.�.��•.� E�, o��• -��:�.��: c.._4 r cc�u� r. �� . . __ �� _:�`='� ; . ".�. �, i - . . . ��' :<<� . . 1 j�.:j � '% � • �une 18 1979 ,`..\\_ � .� �f:: D a� . � � \y` =/` . � /� [; 1 i!}', �`�� t� ?� � L. t�! � a-J • S� . . . t✓ � 3 rrl i�1 � i.... L 1.r i I i 1 . i p : ��inr �'c�ut Ci�;� Co�nc�i �i; O �'i) = C 0;72�i'�1�f�'� 4�FZNANCE, MANAGEMEPdT AND PERSOPJNEL RUBY HUNT �� iF�cn� mcr;es fihe r'ott�.•�:nr repor� on C.F. � Orc3incEnce - � . (7) X� FZeso;:�'ri�n . . � . . • � U►h4r � - The Finance Comriittee, at its meeting of June 18, 7979 recommended aonrova7 of the following: � 1. Resolution approving 1A79-1980 AGreements between City of St: Paul , ISD #65 - � and the �laziers Local 1324. � ' - �2, Resolation to transfer $10,037 from Contingent Reserve to City Attorney Dept. - to provide for funding of one additional Legal Assistant TI , to provide_for Worker's� Compensation Claims Examiner. - � 3. Resolution establishing title and class s�ecification for Administrative and _ � Procurement Assistant in Grade 14 of the Professional-Administrative�Group. . _ � 4. Resolution establishing tit7e and class specification for Vendor Assistance � �' - Analyst in Grade 5 of the Professional-Administrative Group. . 5. Ord�nance .amending interest rate on City of Saint Paul special assessments � � from 6 to 8%. 6. Resolution to transfer $15,OO�J from 1979 General Fund to Office of Information and Complaints for��one additional staff inember and for telephone and office _ expenses. _ � � 7. Resolution to transfer �8,818.18 for budget line item change for District 8 . Planning Council . (Bill Patton will submit before Thursday). � l Y itl��.�, Sf:Vf_::� I��: J`I.CU:: S:1i\t F:l:�.t., •rr\�;:J',)-F:� S�'.i':: . � , . . y . . . . . : . ... . . . � � .. . . � . . . .' � ��'� ��/i�� - ' - . . .• � � - . � . . . . . - . . .� � � . -�►iYs i�. �, 9�81.?6� . � a'. . .. . . . . . . .� � � � �� .. � . . � . .�.-�L�- Vi��.LitAi111as�-V11i/iiaY7s � . � . . . . . . �nye/�*�r/r��r i�.�y��j+ /��R �.�� - . _ � . . � . . ..A�Y.YV+��:,•� .AIN�� 7� ypp� � ' . . . rr��+�w��s�� . i w�+i ■� i ��`� r� . . . � . �. . . . � . � � ' � . _ . � .- : /'`+ /�i�1��R ♦Y -� � ��s May 30, 1979 � " Tf�s MAYOR GH�GE �TI� �E C E �,V�:� � . �s Parso�� O�tice �UN `� 1979 MAY�'s � �� R�:_ ' �s0lutioti fO� au�m�sa3Qtt ta C1tg Ccnsncii , � ; ... . . � . . . _ . . � . . . .,_B - . . - . - � � � . � .. . � ' .. . .f ' . . . ' . ' ��. ' . .' . . . . ' . . . .. • , . _ . . ' . . °W� ��m�d Your approv�al sud� submisaion o£ thia RssQl,uti� w the�- GYL�r Coaac.i,.t. ��: . � M . � �'t�E'A�iD.,��.._�#Ta8 F�& A��CTI@ri:: - � 'Y'h,is �.esolv�ion approves 1979•T980 Agreements between the City of 3t.� Fatil� ISD #65 � and;the Gla�iers La.cal 1324. � . These .�green�ents call for a b6�° an hour i�crease ia��ragee and 14� itY frisges far a to�al �ackage hcurly iacrease of 80� for ]:979. 3t also ealls far a 80� to�al p��k��r.� . � , iacreaae for Juae l,. 198�. The distribution of this�I980 increase wi11 be d'etesmined w�ea t�e costs for the 1980 fs�i.nges are kac�wa. ; � Laag�age relating to Residency has been removed from the 1�.gr�eme�t witli ISD #li25. �;;� - � � , .:r _ , .;:,: , , :, _ . A,��IS�1'�8 t� . �,�_,. , , Resalution� Maintenance Labor Agreements and copy f�r City Clerk. � '... ' . . ��t .' . .' .' :� � ' 4 . . . . � . �� 1979 - 1980 MAINTENANCE LABOR AGREEMENT - between - INDEPENDEPr'T SCHOOL DISTRICT N0. 625 - and - TWIN CITY GT�AZIERS AIvD GLASS LdORKERS LOCAL N0. 1324 INDFX ARTICLE TITLE PAGE PreamblE: ziI 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 oi Work 8 IX Over t inie 9 X Call Back 10 XI Work Location, Residency 11 XII w'ages ZZ XIII Fringe Benefits 14 XIV Selection of Foreman and Gener.al Foreman 15 XV Retirement lb X��I Holidays 17 XVII Disciplinary Procedures 18 XVIII Absences �rom Work 19 %IX 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 ��625 33 XXX Duration and Pledge 34 Appendix A A1 Appendix B B� Appendix C Cl Appendix D Dl - ii - P R E A M B L E This AGREEMENT is entered into on this day of May, 1979, between Independent School District No. 625 hereinafter referred to as the F1�ZPLOYER and the Ztain City Glaziers and Glass Workers Local 1324 hereinafter referred to as the UNION. The EMPLOYER and the UNION concur that this AGREEMENT has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public throu�h effective labor-management coorperation. The EMPLOXER and the UNION both realize that this goal depends not only on the words in the AGREEi�iENT but rather primarily on attitudes between people at a11 levels of responsibility. Constructive attitudes of the ENIPLOYER, the UNION, and the individual employees c�ill best serve the needs of the general public. - iii - ��r��a� ARTICLE I - PURPOSE 1.1 The II�4PLOYER and the UNION agree that the purpose for entering into this AGREEMENT is to: l.11 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; 1.12 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the EMPLOYER and the UNION; 1.13 Establish procedures to orderly and peacefully resolve disputes as to the application or inter- pretation of this AGREEMENT without loss of ` manpower productivity. 1.2 The EMPLOYER and the UNION agree that this AGREII��ENT serves as a supplement to legislation that creates and directs the EMPLOYER. 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 confl�.ct so that it conforms to the statute as provided by Article 26 (SEVERABILITY) . - 1 - ARTICLE II - RECOGNITIOAT 2.1 The EMPLOYER recognizes the UNION as tr�e 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-510-A dated May 11, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. - 2 - �� ARTICLE III - IIKPLOYER RIGHTS 3.1 The EMPLOYER retains the right to operate and manage all_ manpo�aer, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization af 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 sha11 remain with the EMPLOYER to eliminate, modify, or establish following written notif ication to the UNION. _ q _ ARTICLE IV - UNION RIGHTS 4.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in �ariting an amount necessary to cover monthly UNION dues. Such monies deducted shall be remitted as directed by the UNION. 4.11 The EMPLOYER 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 designati.on. Such employee shall have the rights and responsibilities as designated in Article 23 (GRIEVANCE PROCEDURE) . 4.3 Upon notification to a designated EMPLOYER supervisor, the Business Manager of the UNION, or his designated representative shall be permitted to enter the facilities of the EMPLOYER where employees covered by this AGREEMENT are working. - 4 - ARTICLF V - SCOPE OF THE AGREEr�1ENT 5.1 This AGREErIENT established the "terms and conditions of employment" defined by rS.S. 179.63, Subd. 18 for all employees exclusively represented by the UNION. This AGREEMENT shall supercede such "terms and conditions of. employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. - 5 - ARTICLE VI - PROBATIONARY PERIOD� 6.1 Al1 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 responsibiliti.es shaZl be evaluated. 6.11 At any time during the probationary period an employee may be terminated at the discretion of the II�'LOYER without appeaZ 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 AlI personnel promoted to a higher class of positions shall serve a six (6) months� promotianal probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsi- bilities 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 EMPLOYER 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 I�iPL0Y1�sENT � CO?-1PENSATION 7.1 The EMPLOYEP. and the UNIOIv are in full agreement that the philosophy of employment and compeiisation shall be a "cash" hourly wage and "industry" fringe benefit system. 7.2 The ENLPLOYER shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (F?AGES) and 13 (FRINGE BENEFITS) . 7.3 No o�her compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this AGREEMFNT; except those employees who have individually optioned to be "grandfathered" as provided by 12.2. - 7 - ARTICLE VIII - HOURS OF WOP.K 8.1 The normal work day shall be eight (8) cansecutive hours per day, excluding a thirty (30) minute unpaid lunch period, bet«eeri 7:00 a.m. and 5:30 p.m. 8.2 The normal work week shall be five (S) consecutive normal work days rfonday through Friday. 8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER'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 �vork, at the established starting ti�e and shall remain at an assigned work location until the end of the established work day unless otherwise directed by tHeir supervisor. 8.6 Al1 employees are subject to call-back by the EriPLOYER 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 f.or two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. - 8 - �� ARTICLE IX - OVERTIME 9.1 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. 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. 9.2 The rate of one and one-half (1 1/2) the basic hourly rate shall be the overtime rate for work performed under the following circumstances: 9.21 Time worked in excess of eight (8) hours in any one normal work day and; 9.22 Time worked on a sixth (6th) day following a normal work week. 9.3 The rate of two (2) times the basic hourly rate shall be the overtime rate 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 followin� 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 1/2) . 9.4 For the purpose of calculating oti=ertime campensation overtime hours worked sha].1 not be "pyramided", compounded, or paid twice for the same hours worked. - 9 - ARTICLE X - CALL BACR 10. 1 The EMPTOYER retains the right to call back employees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 10.2 Employees called back shall receive a minimum of four (4) hours pay at the basic hourly rate. 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9 (OVERTIME) , when applicable, and subject to the 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 overtinie hours worlced in accordance with Article 9 (OVERTIriE) . - 10 - ARTICLE XI - �dORK LOCATION 11.1 Employees shall report to work location as assigned by a designated EMPLOYER supervisor. During the normal work day employees May be assigned to other work locations at the discretion of the II�iPLOYEP.. 11.2 Employees assigned to �aork locations during the normal work day, other than their original assignment, and who are required to furnish their own transportation shall be coinpensated for mileage. - 11 - ARTICLE XII - �v'AGES 12.1 The basic hourly wage rates as establ.ished by Appendix C shall be paid for all hours �oorked by an employee. 12.2 Employees �oho are covered by the fringe benefits listed below shall continue to be covered by such benefits. They shall be subject to all other provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article T3 (FRINGE BENEFITS) . 12.21 Insurance benefits as established by City of Saint Paul Resolutions. 12.22 Sick Leave as established by Ordinance No. 3250, Section 35, Subdivision E. 12.23 Vacation as established by Ordinance No. 6446, Section l, Subdivision H. 12.24 Nine (9) legal holidays as established by Ordinance No. 6446, Section 1, Subdividion I. 12.25 Severence benefits as established by Ordinance No. 11490 with a maximum payment of $4,000. - 12 - � 0 ��+�''.� ARTICLE XII - G]AGES (continued) 12.3 Regular emplayees not covered by the fringe benefits listed in Article 12.2 shall be considered, for the purposes of this AGREEMENT, parti.ci- pating employees and shall be compensated in aceordance 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 AGREF�IENT, participating e�ployees and shall be compensated in accordance with Article 12.1 (G7AGES) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 13 (FRINGE BENFFITS) . 12.5 All regular employees employed after February 15, 1974, shall be considered, for the purpose of this AGREII�IENT, 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 BFNEFITS) . 12.6 A premium pay of sixty cents (60�) per hour shall be paid for all swing stage work, such as any work performed from a boatswain's chair or a swing scaffold, twenty (20) f eet or more above the ground. Al1 standard safety laws shall be c.ompil.ed with. - 13 - ARTICLE XIII - FRINGE BENEFITS 13.1 The EMPLOYER shall make contribution.s on behalf of and/or make deductions from the wages of employees covered by this AGREEMEPdT in accordance with Appendia D for al1 hours worked. - 14 - ARTICLE �iIV - SELECTION OF FOP.EMAIv AND GENERAL FOREi•SAN 14.1 The selection of personnel for the class of position of Foreman shall remain solely �oith the F�iPLUYER. 14.2 The class of position of Foreman shall be filled by employees of the bargaining unit on a "temporary assignment". 14.3 Al1 "temporary assignments" shall be made only at the direction of a designated EMPLOYER supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day. - 15 - ARTICLE XV - RETIRENI�NT 15.1 All employees shall retire from employment with the EMPLOYER no later than the last calendar day of the month in which an employee becomes sixty-five (65) years old. - 16 - ARTICLE XVI - HOLIDAYS 16.1 The following nine (9) days shall be designated as holidays: New Year's Day, January 1 President's Day, Third Nonday in February Memorial Day, last rSonday in tiay Independence Day, July 4 Labor Day, first Monday in September Columbus Day, second rionday 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 sha11 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-�vork days. 16.4 If, in the judgment of the EriPLOY�R, 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 Presidents' Day, Columbus Day, or Veteranst Day fa11 on a day when school is in session, tYte 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. - 17 - ARTICLE XVII - DISCIPLINARY PROCEDURES 17.1 The EMPLOYER shall have the ripht to impose disciplinary actions on employees for just cause. 17.2 Disciplinary actions by the EMPLOYER 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) . - 18 - ARTICLE XVIII - ABSENCES FP�OTi �dORK 18.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of sucYi absence as soon as possible, but in no event later than the beginning of such work day. 18.2 Failure to make such notification may be ground for discipline as provided in Article 17 (DISCIPLINARY PROCEDURES) . 18.3 Failure to report for work without notifi.cation for three (3) consecutive normal work days may be considered a "quit" by the EMPLOYER on the part of the employee. - 19 - ��`��04 ARTICLE XIX - SENIORITY 19.1 Seniority, for the purposes of this AGREII�IENT, sha7_1 be defined as follows: 19.11 "Master Seniority" - The length of continuous regular and probationary service with the EMPLOYI:R from the last date of employnzent in any and all class titles covered by this AGREEMENT. 19.12 "Class Seniority" - The length of continuous regular and probationary service with the EI�PLOYER from the date an employee was first appointed to a class title covered by tY�is AGREEMENT. 19.2 Seniority shall not accumulate during an unpaid leave of absence, except wr.en such a leave is granted for a period of less than thirty (30) calendar days; is granted because of i.11ness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the II�LOYER or to an elected or appointed full-time posztion wit'n the UNION, 19.3 Seniority shaZl terminate when an employee retires, resigns, or is discharged. 19.4 In the event it is determined by the EriPL0YF.12 that it is necessazy to reduce the work force employees will be laid off by class title within each Department based on invexse length of "Class Seniority". Employees laid off shall have the right to reinstatement in any lower-paid class title, provided, employee has great�r "riaster Seniority" than tt;e employee bein� replaced. 19.5 The selection of vacation periods sha11 be made by class title based on length of "Class Seniority", subject to the approval of the EMPLOY�R. - 20 - ARTICLE XX - JURISDICIIO� 20.1 Disputes concerning work jurisdiction bet�veen and among unions is recognized as an appropriate subject to determination by the various unions representing emplo_yees of the EMPLOYER. 20.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 20.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the EMPLOXER shall meet as soon as mutually possible to resol_ve 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 EMPLOYER'S basic right to assign work. 20.4 Any employee refusing to perform work assigned by the Er4'LOYER and as clarified by Sections 20.2 and 20.3 above sha11 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 - SEPAItATION 21.1 Employees having a probationary or regular empl.oyment status shall be considered separated from employment based on the following actions: 21.11 Resignation. Employees resigning from employment shall give written notice fourteen (Z4) 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. 21.2 Employees having an emergency, temporary, or provisional employment status may be terminated at the discretion of the II�IPLOYER before the completion of a normal work day. - 22 - ARTICLE XXII - TOOLS 22.1 Al1 emplayees shall personall5 provide themselves wi.th the tools of the trade as listed in Appendix B. _ �� _ �� ARTICLE XXIII - GRIF.VANCE PROCEDURE 23.1 The Er1PL0YER shall recognize Stewards selected in accordance with UNION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the F�iPLOYER in �oriting of the names of the Stewards and of their successors when so named. 23.2 It is recognized and accepted by the EriPLOYER and the UNION that the processing of grievances as hereinafter grovided 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 su£fer no loss in pay when a grievance is processed during working hours, provided, the Steward and the employee have notified and received the apprcval. of their supervisor to be absent to process a grievance and that sucYi absence �aould not be detrimental to the work programs of the II�IPLOYEP.. 23.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure, except far the appeal oF disciplinary action as provided by 17.3, for the pr�cessing 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 follo�aing procedure: Step 1. Upon the occurence of an alleged violation of this AGRE�IENT, the employee involved shall attempt to resolve the matter on an informal basis with the employee�s supervisor. If the matter is not resolved - 24 - ARTICLE XXIII - GRIEVANCE PR�CEDUhE (continued) to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREE2�IENT violated, and the relief requested. Any alleged violation of the AGREEME�T 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 kno�aledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Setp 2. Within seven (7) calendar days after receiving the written grievance a designated EMPLOYER supervisor stiall meet with the UNION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the II�4PLOYER shall reply in writing to the IiNION within tt�.ree (3) calendar days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any grievance not ref.erred in �oriting by the UNION within seven (7) calendar days following receipt of the EMPLOYER'S ans��er shall be considered waived. - 25 - ARTICLE XXIII - GRIEVANCE PROCEDURL (continued) Step 3. Within seven (7) calendar days follocaing receipt of a grievance referred from Step 2 a designated II�IPLOY�R supervisor shall meet with the UNION fiusiness Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeti.ng the EI�IPLOXER shall reply in writing to the UNION stating the F1�iPL0YER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the ITNION 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 receipC of the ENIPLOYER'S answer sha11 be considered waived. Step 4. If the grievance remains unresolved, the UNION may within seven (7) calendar daqs after the response of the EMPLOYER 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 EMPLOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutuall.y agr.ee upon an arbitrator �oi_thin the said seven (7) day period, either party may request the Public Employment Relation Iioard to submit a panel of five (5) arbitrators. Both the II�iPLOYER and the - 26 - ARTICLE X�III - GRIEVANCE YROCEDURE (continued) UNION stiall have the right to strike two (2) names from the panel. The UNION sh�.11 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 sliall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNIOiJ and shall have no authority to make a decision c,n any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or u�odifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30} days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UNION and the employees. - 27 - ARTICLE h'XIII - GRIEVANCE PROCFDUR� (conti.nued) 23.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Eh1PL0YER and the UNION, provided that each party shall be responsible for compensating its own representative and witnesses. If either party cancels an arbitration hearing or asks for a last minute postponement that leads to the arbitrators making a charge, the canceling party or the party askin� for the postponement shall pay this charge. 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. - 28 - ARTICLF XXIV - RIGHT OF SUBCONTRACT 24.1 The EMPLO�ER may, at any time during the duration of this AGKEEMENT, contract out work done by t�ie employees covered by this AGREE�'�1FNT, In the event that such contracting would result in a reduction of the work force covered by this AGR�EMENT, the �'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 �vith Ordinance No. 14013. - 29 - ARTICLE XXV - NON-DISCRITiINATION 25.1 The terms and conditions of this AGREEr1ENT will be zpplied to employees equally without regard to, or discrimination for or agai.nst, any individual because of race, color, creed, sex, age, or because of inembership or non-membership in the UNION. 25.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. - 30 - ARTICLE X��iVI - SF.VEF.ABILITY 26.1 In the event that any provision(s) of this AGREE2fET1T is declared to be contrary to la�a 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 AGREErIENT in compliance with the legislative, administrative, or judicial determination. - 31 - ARTICLE XXVII - WAIVER 27.1 The II�IPLOYER and the UNION acknotaledge that during the meefiing and negotiating which resulted in this AGREENIENT, each had ttie right a.nd opportunity to make proposals �aith respect to any subject concerning the terms and conditions of employment. The agreements and understatidings reached by the parties after the exercise of this right are fully and completely set forth in this AGRET�IENT. 27.2 Therefore, the EMPLOYER and the UNION for the duration of this AGREEMENT agree that the other party shall not be obla.gated to meet and negotiate over any term or conditions of employment whether specifically covered or not specifically covered by this AGREEI�SENT. The UNION and EMPLOYFR may, however, mutually agree to modify an.y provision of this AGREEr1ENT. 27.3 Any and all prior ordinances, agreen�ents, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this AGREEM�NT, are hereby superseded. - 32 - ARTICL� �:XIX - MZLEAGE - INDEPENDE�T SCHOOL DISTRICT ��625 29. 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 'rA" is reimbursed at the rate of 15� 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 consideration for establishing the maximum amount can be the eYperience of another working in the same or sir.iilar 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 determined by the employee�s driving experience under P1an "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 er.!ployee is on vacation. A deduction need not be made for an occasional day of illness or for holiday. - 33 - ARTICLE XXIX - DURATION AND PLEDGE 29. 1 This AGREEi�IENT shall become effective as of the date of signing, except as specifically provided otherwise in Artic]_es 12 and 13, and shall remain in effect through the 31st day of May, 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 modi_fy this AGREEriENT, effective as of the date of expiration, th.e party wishing to modify or terminate the AGR�II�IENT 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 AGREEr1ENT 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 applicatian 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, wiZfully absent themselves from work, stop work, slow down their worlc, or absent themselves in whole or part from the full, faithful performance of their duties of employment. - 34 - �`�`�� ARTICLE XXIX - DURATION AND PLEDGE , 29.32 The E1�SPLOYER will not engage in, instigate, or condone any lock-out of employees. 29.33 This constitutes a tentative agreement between the parties which will be recommended by the School Board Negotiator, but is sub�ect to the approval of the School Board, the Administration of the City and is also subject to ratification by the UNION. AGREED to this o�5'day of May, 1979, and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representative for the II�LOYER and the iTNION. WITNESSES: INDEPENDENT SCHOOL DISTRICT N0. 625 TWIN CITY GLAZIERS AND GLASS ,,----, WORKERS LOCAL 1324 1^ _? /�•�� / 4:_.� � � ^ � �� . / � � / � �� / r / �-' ` ./.'Z,-(/7 � ;'�'�:>". �f/'�� 'C� ��, t •: .-/9.A.'�.� School' Board Negotiato S/a y'/7 y' usiness Manager ./ �� . �/�� Superintendent, Independent School District No. 625 - 35 - APPENDIX A The classes of positions recognized by the EriPLOYER as being exclus�vely represented by the UNION are as follows: Glazier Apprenti.ce and other classes of positions �hat may be established by the F�NIPLOYER where the duties and responsibilities assigned comes within the jurisdiction of the UNIQN. I I - Al - 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 June 1, 1979 June 1, 1980 Glazier. . . . . . . . . . . . . . . . . $11.68 $I2.45 The basic hourly wage rate for temporary and emergency employees appointed to the following classes of positions shall be: Effective Effective June 1, 1979 June 1, I980 Glazier. . . . . . . . . e . . . . . . . $11.65 $12.45 Apprentice 0 - 6 months . . . . . . . . . . . . 60% of Glazier rate 7 - 12 months. . . . . . . . . . . . 65X of Glazier rate 13 - 18 months. . . . . . . . . . . . 70% of Glazier rate 19 - 24 months. . . . < . . o . . . . 75� of Glazier rate 25 - 30 months. . . . . . . . . . . . 80% of Glazier rate 31 - 36 months. . . . . . . . . . . . 90% of Glazier rate The basic hourly wage rate for regular employees appointed to the following classes of positions, who are receiving the Fringe Benefits listed in Article 12.2 shall be: Effective Effective June 1, 1979 June 1, 1980 Glazier. . . . . . . . . < . . . . . . . $10.26 * A premium pay of sixty cents (60�) per hour shall be paid for all swing stage work, such as any work performed from a boatswain's chair or a swing scaffold, twenty (20) feet or more above the ground. All standard safety laws shall be complied with. *The June 1, 1980, hourly wage rate in this contract will be the rate as shown below less the cost of sick leave usage for 1979 and less the cost of health and life insurance, vacation, holidays and pensions for 1980 incurred by the employer for employees in this bargaining unit. Glazier $13.41 - CI - APPBNDIX D ��' '��• �' Effective June l, 1979, the F�iPLdYF.R shall: (1) contribute $ .45 per hour for all hours worked by participating employees as def ined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a UNION designated Health and Welfare Fund. (2) . deduct $ .35 per hour for a11 hours worked from the earnings of participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT, and for�oard to a Vacation Fund. (3) contribute $ .Ol per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12 S covered by this AGREEriENT, to a Journeyman and A�pprenticeship Trainin�Fund. (4) In addition to the above, in the case of Temporary and Emergency employees, the II�ZPLOYER shall contribute $ .50 per hour for all hours worked to a Pension Fund. Al1 contributions made in accordance with this Appendix shall be forwarded to depositories as directed by the UNION. The EMPLOY�:R shall establish Workman's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating employees as .defined in Articles 12.3, 12.4 and 12.5 covered 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 EMPLOYER'S fringe benefit obligation to participating employees as defined in Articles 12.3, 12.4 ancl 12.5 is limited to the contributions and/or deductions established by this AGREETiENT. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which ttie EMPLOYER has for�aarded contributions and/or deductions. - D1-