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273282 WHITE - CITV CLERK �i- ' ' � ' � , �� B,j� ;.�A„oR E � �� CITY OF SAINT PALTL F iecilNO. j CAfyARV - DEPARTMENT �' �� • � � • �,, Council Resolu�ion r l 1 Presented By ` � Referred To , Committee: Date Out of Committee By Date An administrat;;ve Resolution approving the terms anc�.: conditions of i 979-1980 Maintenance Labor Agreem�'s between the City of St. Paul, Independent School Di'�`ict No. 625, and the Bricklayers Local No. 1. 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 Bricklayers Local No. 1, as exclusive representative for those classes of positions within the City of St. Pau], certified by the Bureau of Mediation Services under Case No, 73-PR-537-A for the purpose of ineeting and negotiating the terms and conditions of employ- ment 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 e�sclusive representatives hereinabove referenced; and WHEREAS, the City, through designated representatiaes, 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, Independent School ,. Distriet l�io .:,(a2-5r and �lie exclusive representatives; and WHEREAS, the 1979-1980 Agreements have been reached which include wage adjustments retroactive to May 1, 1979; now, therefore, be it � � -1 - COUNCILMEN 'Yeas Nays Requested by Department of: Butler In Favor Hozza Hunt Levine _ __ Against BY — Maddox Showalter Tedesco Form Approved by City Attorney Adopted by Council: Date Certified Yassed by Council Secretary BY By t�pproved by 1�lavor: Date _ Approved by Mayor for Submission to Council BY - — — BY WHITE - CITV GLERK �'�� PINK - FINANCE �` BLI.AERV -rv�AVORTMENT GITY OF SAINT PAUL F1eci1,N0. Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Maintenance Labor Agreements, cited above, dated as of the effective date of this Resolution, betwen the City of St. Paul, Independent School District No. 625, and the Bricklayers Local No. 1, on file in the office of the City Clerk, are hereby approved, and the authorized administrative officials of the City are hereby authorized and directed to execute said Agreements on behalf of the City. Approved; Chairman Civil Service Com i sion -2- COUNCILMEN Requested by Department of: Yeas Nays �lcc � PERSONNEL OFFICE Hozza [n Favor Hunt � Levine _ Against BY �4e�ex Showalter �,�g � �U�- 5 For Approved b C' rne Adopted by Council: Date t Certified a�-e by Council ret BY By, - _ . d by Ylavor: at _�UL 6 �9T Approv d by Mayor for Su is ibn t C ncil - y B J �1iy`'-ti'_'�—— By �u�rst�0 J U L l 4 1979 • �_ - : � 1 �J✓ ��r P��-� 1979 - 1980 MA.INTENANCE LABOR AGREEMENT - between - INDEPENDENT SCHOOL DISTRICT N0. 625 - and - BRICKLAYERS, MASONS, MARBLE�IASONS, CEMENT BLOCKLAYERS AND TUCKPOINTERS LOCAL UNION N0. 1 __ _ 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 $ IX Overtime 9 X Call Back 10 XI Work Location 11 XII Wages 12 RIII Fringe Benefits 14 XIV Selection of Foreman and General Foreman 15 XV Retirement 16 XVI Holidays ll XVII Disciplinary Procedures 18 XVIII Absences From Work 19 XI% Seniority 20 XX Jurisdiction 21 XXI Separation 22 �IXII Tools 23 XXIII Grievance Procedure 24 RXIV Right of Subcontract 29 XXV Non-Discrimination 30 XXVI Severability 31 7IXVII 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 AGREEMENT is entered into on this 12th day of June, 1979, between the Independent School District No. 625, hereinafter referred to as the II�LOYER and the Bricklayers and Stone Masons Union No. 1 hereinafter referred to as the UNION. The II�LOYER 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 coogeration. The II�LOYER and the UNION both realize that this goal depends not only on the words in the AGREEMENT but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the II�LOYER, the UNION, and the individual employees will best serve the needs of the general public. �s. : ARTICLE I - PURPOSE 1.1 The FMPLOYER and the UNION agree that the purpose for entering into this AGREEMENT is to: 1.11 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; 1.12 .Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the II�LOYER and the UNION; 1.13 Establi.sh procedures to orderly and peacefully resolve dfsputes 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 AGREIIKENT 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 ta the statute as provided by Article 26 (SEVERABILITY) . - 1 - � �./.A . , - �r��:��' ARTICLE II - RECOGNITION 2.1 The II�LOYER recognizes the UNION as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisional, temporary, and emergency employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-537-A dated June 4, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. - 2 - � ARTICLE III - II�LOYER RIGHTS 3:1 The 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 II�LOYER to eliminate, modify, or establish following wriiten notification to the UNION. - 3 - ARTICLE IV - UNION RIGHTS 4.1 The EMPLOYER sha11 deduct from the wages of employees who authorize such a deduction in writing a� amount necessary to cover monthly UNION dues. Such manies deducted shall be remitted as directed by the UNION. 4.11 The II�LOYER sha1Z 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 II�LOYER from any and all claims or charges made against the F�'LOYER as a result of the implementation of this ARTICLE. 4.2 The UNION ma.y 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 II�LOYER 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 AGREENiENT 5.1 This AGREEMENT established the "terms and conditions of empioyment" defined by M. S. 179.63, Subdivision 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 FERIODS . 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 II�LOYER 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 suc�i termination, a copy of which shall be sent to the UNION. 6.2 All personnel prnmoted 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 EI�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 II�IPLOYMENT AND COMPENSATION 7.1 The IIKPLOYER and the UNION are in full agreement that the philosophy of employment and compensation shall be a "cash" hourly wage and "industry" fringe benefit system. 7.2 The II�LOYER shall compensate employees for all hours worked at the bas3c hourly wage rate and hourly fringe benefit rate as found in Articles 12 (WAGES) and 13 (FRINGE BENEFITS) . 7.3 No other compensation ar fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this AGREEMENT; except those employees who have individually optioned to be "grandfathered" as provided by 12.2. � - 7 - . ARTICLE VIII - HOURS OF WORK 8.1 The normal work day shall be eight (8) consecutive hours per day, � excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 8.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 8.3 If, during the term of this AGREEMINT, it is necessary in the II�LOYER'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 established work day unless � otherwise directed by their supervisor. 8.6 All employees are sub3ect to call-back by the IIKPLOYER as provided by Article 10 (CALL BACK) . 8.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification.has been given not to report for work prior to .leaving home, or durir�g the previous work day. - 8 - . . ARTICLE IX - OVERTIME 9.1 All overtime compensated for by the II�IPLOYER must receive prior authorization from a designated F�LPLOYER sugervisor. 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 hourlq. rate shall be paid for work performed under the following circum5tances: 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 hourly rate shall be paid for work performed under the following circumstances: 9.31 Time worked on a holiday as defined i3n Article 16 (HOI,IDAYS) ; 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 AR.TICLE shall be paid in cash. - 9 - - • ARTICLE X - CALL BACK --- 10.1 The F�4PLOYER retains the right to call back employees before an employee has started a normal work day or normal work week and after azi employee has completed a normal wark day or normal work week. 10.2 Employees called back shall receive a min3.mum 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) . . - 10 - ARTICLE XI - WORK LOCATION 11.1 Employees shall report to work location as assigned by a designated II�LOYER supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the II�PLOYER. 11.2 Employees assigned to work locations during the normal work day, other than their original assignment, and who are required to furnish their own transportation shall be compensated for mileage. - 11 - - ARTICLE XII - WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours warked by an employee. 12.2 Employees who are covered by the fringe benefits listed below shall continue to be covered by such benefits. They sha11 be sub�ect 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, hospital and health insurance for early retirees who have retired since May 8, 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.ZI.2 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 12.21.3 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early retirement date that he or she wishes to be 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 benefits as established by Ordinance No. 11490 with a ma.ximum payment of $4,000. - 12 - • . ' ARTICLE XII - WAGES (continued) 12.3 Regulax employees not covered by the fringe benefits listed in Article 12.2 shall be considered, for the purposes of this AGREII�fENT, 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 13 (FRINGE BENEFITS) . 12.4 Provisional, temporary and emergency emgloyees shall be considered, for the purposes of this AGREEMENT, participating emplQyees 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/ar deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . - 13 - : ARTICLE XIII - FRINGE BENEFITS 13.1 The II�LOYER 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. \ - 14 - . ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN 14.1 The selection of personnel for the class of positions of Foreman shall rema.in solely with the EMPLOYER. 14.2 The class of position of Foreman shall be filled by employees of the bargaining unit on a "temporary assignment". 14.3 All "temporary a.ssignments" shall be made only at the direction of a designated II�LOYER supervisor. 14.4 Such "temporary assignments" sha11 be made only in cases where the class of positions is vacant for more than one (1) normal work day. - 15 - . _ ARTICLE XV - RETIREMENT 15.1 All employees shall retire from employment with the 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 hoTidays: New Year's Day, January 1 President's Day, Third Monday in February Memorial Day, lasfi Monday in May Independence Day, July 4 Labor Day, first Monday in September Columbus Day, second Monday in Octaber Veteran's Day, November 11 Thanksgiving Day, tourth 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 for operating or emergency reasons, employees ;may be scheduled or "called back" ia 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 Veterans' Aay fall on a day when achool is in session, the employees shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be a day on which school is not in session and shall be determined by agreement between the employee and his supervisor. - 17 - . , ARTICLE XVII - DISCIPLINARY PROCEDURES 17.1 The EMPLOYER shall have the right to impose disciplinary actions on employees for just cause. 17.2 Disciplinary actions by the II�9.'LOYER shall include only the following actions: 17.21 Oral reprimand. I7.22 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 Co�ission, or a designated Board or 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 13 (GRIEVANCE PROCEDURE) . - 18 - ' ARTICLE XVIII - ABSENCES FROM WORK- 18.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 18.2 Failure to make such notification may be ground 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. - 19 - I' ' ' � ARTICLE XIX - SENIORITY 19.1 Seniority, for the purpose 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 "C1ass Seaiority" - 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 AGREII�iENT. 19.2 Seniority shall not accumulate during an unpaid leave of absenee, 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 allow an employee to accept an appointment to the unclassified service of the Ei�LOYER or to an elected or appointed � full-time position with the UNION. '� 19.3 Seniority shall terminate when an employee retires, res�.gns, or is discharged. , 19.4 In the event it is determined by the ENIPLOYER that it is necessary to reduce the work force employees will be laid off by class title within � each Department based on inverse length of "Class Seniority". Employees laid off shall have the right to reinstatement in an}� lower-paid class title, provided, employee has greater "Master Seniority" than the employee being replaced. 19.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", subject to the approval of the EMPLOYER. - 20 - . �� ARTICLE XX - JURISDICTION . 20.1 Disputes concerning work 3urisdiction between and among unions is recognized as an appropriate subject to determination by the various unions representing empioyees of the EMPLOYER. 20.2 The ENIPLOYER agrees to be guided in the assignment of work jurisdiction by 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 EMPLOYER shall meet as soon as mutually . possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the F�MPLOYER to accomplish the work as originally assigned pending resolution of the dispute or to .restrict the II�'LOYER'S basic right to assign work. 20.4 Any employee refusing to perform work assigned by the F�hiPLOYER and as clarified by Section 20.2 and 20.3 above s�all 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 - SEPAR.ATION 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. 21.2 Employees having an emergency, temporary, or provisional employment status may be terminated at the discretion of the IIKPLOYER before the completion of a normal work day. - 22 - , : ARTICLE XXII - TOOLS . 22.1 Al1 employees shall personally provide themselves with the tools of the trade as listed in Appendix B. . - 23 - . . ARTICLE XXIII - GRIEVANCE PROCEDURE 23.1 The ErIPLOYER 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�Il'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 processed during working hours, provided, the Steward and the employee have notified and received tr.e approval of their supervisor to be absent to process a grievance and that suah absenca would not be detrimental to the work programs of the II�LOYER. � 23.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 17.3, for the processing 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: Ste� 1. Upon the occurrence of an alleged violation of this AGREF�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 to the employee`s - 24 - , � . ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) 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 AGREII�NT violated, and the relief requested. Any alleged violation of the AGREII�NT not reduced to writing by the UNION within seven (7) calendar days of the first occur- rence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UNION within three (3) calendar days following this .meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the II�ZPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the II�II'LOYER'S answer sha11 be considered waived. - 25 - � ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated EMPLOYER Supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the EMPLOYER shall reply in writing to the UNION stating the EMPLOYER'S answer concerning the grievance. If, as a result of the writtea response the grievance remains unresolved, the LTNION 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 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 II�.'LOYER 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 Employ- ment Relations Board to submit a panel of five (5) arbitrators. Both the II�lPLOY�R and the UNION shall - 26 - ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) have the right to strike two (2) names from the panel. The UNION shall strike the first (lst) name; the IIKPLOYER 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 II�PLOYER and the UNION and shall have no authority to ma.ke 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 i.n 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 II�LOYER, the UNION and the employees. - 27 - ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) 23.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the II�LOYER and the UNION, provided that each part shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 23.7 The time limits in each step of this procedure may be extended by mutual agreement of the II�PLOYER and the UNION. \ - 28 - - ARTICLE XXIV - RIGHT OF SUBCONTRACT 24.1 The F.MPLOYER may, at any time during the duration of this AGREEMENT, contract out work done by the employees covered by this AGREEMENT. In the event that such contracting would result in a reduction of the work force covered by this AGREEMENT, the EMPLOYER shall give the UNION a ninety (9Q) calenday 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 3udicial 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 ErIPLOYER and the UNION acknowledge that during the meeting and negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this AGREEMENT. 27.2 Therefore, the II�IPLOYER 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 UNYON and II�LOYER 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 AGREEMENT, are hereby superseded. - 32 - � ARTICLE XXVIII - MILEAGE INDEPENDENT SCHOOL DISTRICT ��625 � 28.1 Employees of th� 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 suthorization from the District Mileage Committee utilizing one of the following plans: PLAN "A" is reimbursed at the rate of 15G per mile. In addition, a maximum amount which can be paid per month is established by an estimate furnished by the emp].oyee and the employee's supervisor. Another consideration for establish�ng 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 determined by the employee's driving experience under Plan "A" for a period of 3 to 6 months. Those employees receiving an auto allowance under ttlis 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 �or each day the employee is on vacationo A deduction need not be made for an occasional day of illness or for holiday. �. � - 33 - ARTOC:E XXIX - DURATION AND PLEDGE 29.1 This AGREII�NT 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 termina�e is given in the manner provided in 29.2 29.2 If either party desires to terminate or modify this AGREENIENT, 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 AGREEMENT may only be so termina.ted or modified effective as of the expiration date. 29.3 In consideration of the terms and conditions of employment established bp 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 AGREF.MENT: 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, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment. - 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 will be recommended by the School Board Negotiator, but is sub�ect to the approval of the Board of Education, and is also subject ta ratification by the UNION. AGREID to this 12th day of June, 1979, and attested to as the full and complete understaading of the parties for the .period of time herein specified by the signature of the following representative for the II�LOYER and the UNION. WITNESSES: INDEPENDENT SCHOOL DISTRICT N0. 625 BRICKLAYERS, MASONS, MARBLE MASONS, CEMENT BLOCKLAYERS AND T[TCKPOINTERS � LOCAL N0. 1 .�;�� / r-----s-� ` , (�. ��--% �l 1 � �.. c ,G r--P.�..� _ � ;�./� -F.' -�..� School Board Negotiator;� Business Manager � ! � � Superintendent, Independent School District No. 625 - 35 - 0 APPENDIX A The classes of positions recognized by the EMPLOYER as being exclusively represented by the UNION are as follows: Bricklayer Stone Mason Apprentice Masonry Inspector and other classes of pos.itions that may be established by the EMPLOYER where the duties and responsibilities assigned comes within the �urisd3.ction 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 i,^1979 May 1, 1980 Bricklayer . . . . . . . . . . . . $11.40* $11.98** Stone Mason. . . . . . . . . . . . $11.40* $11.98** Masonry Inspector. . . . . . . . . $12.72* The basic hourly wage for temporary and emergency employees appointed to the following class of positions shall be: Effective Effective May 1, 1979 May 1, 1980 Bricklayer . . . . . . . . . . . . $11.86* $12.46** Stone Mason. . . . . . . . . . . . $11.86* $12.46** Masonry Inspector. . . . . . . . . $13.23* 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 Bricklayer . . . . . . . . . . . . $10.30 *** Masonry Inspector. . . . . . . . . $11.49 *** When .performing swing stage work the rate of pay shall be $ .30 per hour over the basic hourly rate of the above.classifications. - C1 - APPENDIX C (continued) . *This rate includes the taxable vacation contribution of $ .70. **This rate includes the taxable vacation contribution of $ .80. � ***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 emgloyees in this bargaining unit. Bricklayer $14.05 Masonry 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. - C2 - " ' � APPEND-IX D . ' ��.�42 : Effective May 1, 1979, the EMPLOYER shall: (1) contribute $ .655 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. (2) contribute $ .73 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 contribution shall become $ .93 per hour. (3) contribute $ .70 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 become $ .80 per hour. All contributions made in accordance with this Appendix shall be forwarded to depositories as directed by the UNION. The EMPLOYER shall establish Worker's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating employees as def ined 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 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 II�LOYER has forwarded contributions and/or deductions. - D1 - r T . . �♦ � y pe� � ��2 1979 - 1980 � MAINTENANCE LABOR AGREEMENT � - between - THE CITY' OF SAINT PAUL - and - BitICKLAYERS, MASONS, MARBLE�'IASONS, CEMENT BLOCKLAYERS AND TUCKPOINTERS LOCAL UNION N0. 1 - 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 � VIII flours of Work 8 IX Overtime 9 X Call Back 10 XI Work Location, Residency 11 XSI Wages 12 XIII Fringe Benefits 14 XIV Selection of Foreman and General Foreman 15 XV Retirement 16 XVI Holidays 17 XVII Discipiinary Procedures 18 XVIII Absences �'rom Work 19 . XIX Seniority 20 lIX Jurisdiction 21 RXI Separation \ 22 � XXII Tools 23 XXIII Grievance Procedure 24 . XXIV Right of Subcontract 29 XXV Non�Discrimination 30 XXVI Severability 31 XXVII Waiver 32 XXVIII City Mileage Plan 33 XXIX Duration and Pledge 34 Appendix A A1 Appendix B B1 Appendix C C1 Appendix D D1 - ii - P R E A M B L E This AGREEMENT is entered into on this 12th day of June, 1979, between the City of Saint Paul, hereinafter referred to as the F.l�LOYER and the Bricklayers axid Stone Masons Union No. 1 hereinafter referred to as the UNION. The Et�LOYER 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 cooperation. The IIKPLOYER and the UNION both realize that this goal depends not only on the words in the AGREEMENT but rather primarily on attitudes between.people at all .levels of responsibility. Constructive attitudes of the EhIPLOYER, the UNION, and the individual employees will best serve the needs of the general public. . ARTICLE I - PURPOSE 1.1 The ENIPLOYER and the UNION agree that the purpose for entering into this AGREEMENT is to: 1.11 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; 1.12 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the E[�ZOYER and the UNION; 1.13 Establish procedures to orderly and peacefully . resolve dtsputes 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 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 Azticle 26 (SEVERABILITY) . � - 1 - - ARTICLE II - RECOGNITION 2.1 The Eh�LOYER recognizes the UNION as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regul�r, probationary, provisional, temporary, and emergency employed in the classes of positions defined in 2.2 as certif ied by the Bureau of Mediation Services in accordance with Case No. 73-PR-537-A dated June 4, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. - 2 - � ARTICLE III - E1�LOYER 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,:�dtrect, and determine the number of personnel; and to perform any i�nherent managerial function not specifically limited : by this AGREEMENT. 3.2 Any "term or condition of employment" not established by this AGREEMENT shall remain with the II�LOYER to eliminate, modify, or establish following written notification to the UNION. \ - 3 - ARTICLE IV - UNION RIGHTS 4.1 The 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 direeted by the UNION. 4.11 The EI�LOYER shall not .deduct dues from the wages of employee� covered by this AGREII�ENT for any other labor organization. 4.12 The UNION shall indemnify and save harmless the EMPLOYER from any and all claims or charges made agains� the FMPLOYER as a result of the implementation pf this ARTICLE. : 4.2 The UNION may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the El�LOYER in writing of such designation. Such emploqee sha11 have the�right and responsibilities as designated in Article 23 (GRIEVANCE PROCEDURE) . , 4.3 Upon aotification to a designated EI�LOYER supervisor, the Business Manager of the UNION, or his designated repreaentative shall be � permitted to enter the facilities of the II�LOYER where employees covered by this AGREEMENT are working. - 4 - : � '4'� ��!�#�� ' ARTICLE V - SCOPE OF THE AGREII�4ENT � 5.1 This AGREEMENT established the "terms and conditions of employment" defined by M. S. 179.63, Subdivision 18 for all employees exclusively represented by the UNION. This AGREEMENT shall supercede such "terms and cond3.tions 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 respansibilities shall be evaluated. 6.11 At any time during the probationary period an employee may be terminated at the discretion of the II�LOYER without appeal to the provi:sions of Article 23 (GRIEVANCE PROCIDURE) . 6.12 An employee terminated during the probationarq period shall receive a written notice of the reason(s) £or 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 perfarm the class of posftions' 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 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 II�IPLOYMENT AND COMPENSATION 7.1 The II�LOYER and the UNION are in full agreement that the philosophy of employment and compensation shall be a "cash" hourly wage and "industry" fringe benefit system. 7.2 The II�LOYER shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe .benefit rate as found in Articles 12 (WAGES) and 13 (FRINGE BENEFITS) . 7.3 No other compensation or fringe benefit shall be accumulated or earned by an empioyee 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 WORIC 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�LQYER'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 locativn 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 II�LOYER as provided by Article 10 (CALL BACK) . 8.7 Employees reporting for work at the established starting time and for whom no work is available shall .receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. - 8 - ARTICLE IX - OVERTIME 9.1 All overtime compensated for by the EMPLOYER must receive prior authorization from a designated EMPLOY�R supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim wiTl not be honored, even though shown on the time card, unless the required advance approval has been obtained. 9.2 The overtime rate of one and one-half (1�) the basic hourly rate shall be paid for work .performed under the following circumstances: 9.21 Time worked in excess of eight (8) hours in any one 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) ti.mes the basic hourly rate shall be paid for work performed under the following circumstances: 9.31 Time worked on a holiday as defined in Article 16 (HOLIDAYS); 9.32 Time worked on a seventh (7th) day following a normal work week; and 9.33 Time worked 3n excess of twelve (12) consecutive hours in a twenty-four (24) hour geriod, 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 Qvertime hours worked as provided by this ARTICLE shall be paid in cash. - 9 - ARTICLE X - CALL BACK 10.1 The II�LOYER retains the right to call back employees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work. week. 10.2 Employees called back shall receive a minimum of four (4) hours pay at the basic hourly rate. 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9 (OVERTIME) , when applicable, and subjecti to the minimwn established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the norma.l work daq and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME) . ,� - IO - � ARTICLE XI - WORK LOCATION, RESIDENCY 11.1 Employees shall report to work location as assigned by a designated IIyIl'LOYER 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 during the normal work day, . other than their original assignment, and who �re required to furnish their own transportation shall .be compeasated for mileage. 11.3 All 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 sub�ect to termination and a hearing process shall be established to determine whether the residency requirement was met. - I1 - . ARTICLE XII - WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Employees who are covered by the fringe benefits listed below shall continue to be covered by such benefits. They shall be subject to all other provisions of the AGREEMENT, but shall not have hourly fringe beaefit 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 Resol.utions including life, hospital and health insurance for early retirees who have retired since May 8, 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 relationst►ip with the City of . Saint Paul under one of the early retiree plans. 12.21.3 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's earlq 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 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 AGREEMENT, 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 13 (FRINGE BENEFITS) . 12.4 Pr�visional, 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 £or �p 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 ENII'LOYER 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. � - 14 - : , ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN 14.1 The selection of personnel for the class of positions of Foreman shall remain solely with the II�LOYER. 14.2 The class o€ position of Foreman shall be filled by employees of the bargaining unit on a "temporary assignment". 14.3 All "temporary a.ssignments" shall be made only at the direction of a designated II�LOYER 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 - RETIREMENT 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 Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Columbus Day, second Monday in October Veteran's Day, November 11 Thanksgiv3.ng 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 for operating or emergency reasons, employees maq 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. - 17 - ARTICLE XVII - DISCIPLINARY PROCEDURES 17.1 The EMPLOYER shall have the right to impose disciplinary actions on employees for just cause. 17.2 Disciplinary actions by the 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 or Review, sha11 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 13 (GRIEVANCE PROCEDURE) . - 18 - . '. ARTICLE XVIII - ABSENCES FROM WORK . 18.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 18.2 Failure to make such notification may be ground for discipline as provided in Article 17 (DISCIPLINARY PROCEDURES) . 18.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a "quit" by the EMPLOYER on the part of the employee. - 19 - , ARTICLE XIX - SENIORITY 19.1 Seniority, for the purpose of this AGREEMENT, shall be defined as follows: 19.11 "Master Seniority" - the length of continuous regular and probationary service with the ENNIPLOYER 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 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 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, res�.gns, 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". Employees laid off shall have the right to reinstatement in any lower-paid class ti�le, provided, employee has greater "Master Seniority" than the employee b�ing repiaced. 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 EMPLOYER. - 20 - . ARTICLE XX - JURISDICTION 20.1 Disputes concerning work 3urisdiction between and among unions is recognized as an appropriate sub�ect to determination by the various unions representing employees of the ENIPLOYER. 20.2 The Eh�LOYER agrees to be guided in the assignment of work �urisdiction by mutual agree�ents between the unions involved. 20.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the EMPLOYER shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the EMPVOYER 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 Anq employee xefusing to perform work assigned by the II�LOYER and as clarified by .Section 20.2 and 20.3 above s�all be sub3ect 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 - SEPAR.ATION 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. 21.2 Employees having an emergency, temporary, or provisional employment status may be terminated at the discretion of the II�LOYER 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 II�LOYER shall recognize Stewards selected in accordance with UNION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the 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 F�IPLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilit3es 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 grievanee and _ that such absence would not be detrimental to the work programs of the II�LOYER. . 23.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 17.3, for the processing 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 l. Upon the occurrence of an alleged violation of this AGREEMENT, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's - 24 - �.�� t��$�`�� ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) 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 AGREII�NT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) calendar days of the first occur- rence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a designated Employer 5upervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievaace remains unresolved, the II�LOYER shall reply in writing to the UNION within three {3) calendar days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the II�IPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the II�LOYER'S answer shall be considered waived. - 25 - ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated ENIPLOYER 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 II�PLOYER shall reply in writing to the UNION stating the F�iE'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 wzi�ing by the UNION to Step 4 within seven (7) calendar days following receipt of the EME'LOYER'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 F�LOYER in Step 3, by written notice to the II�LOYER, xequest 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 within the said seven (7) day period, either party may request the Public Employ- ment Relations Board to submit a panel of five (5) arbitrators. Both the II�LOYER and the UNION shall - 26 - ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) have the right to strike two (2) names from the panel. The UNION shall strike the first (lst) name; the EMPLOYER shall then strike one (1) name. Tne 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 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 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 XXIII - GRIEVANCE PROCEDURE (continued) ' 23.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the II�LOYER and the UNION, provided that each part shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the xecord. 23.7 The time limits in each step of this procedure may be extended by mutual agreement of the F1�IPLOYER and the UNION. \ ' - 28 - ARTICLE XXIV - RIGHT OF SUBCONTRACT 24.1 The II�LOYER may, at any time during the duration of this AGREEMENT, contract out work done by the employees covered by this AGREEMENT. In the event that such contracting would result in a reduction of the work force covered by this AGREEMENT, the EMPLOYER shall give the UNION a ninety (90) calenday 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 - . �..,,. ��r��`;1�. ARTICLE XXV - NON-DISCRIMINATION 25.1 The terms and conditions of this AGREEMEI3T 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 ma.nner 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 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 provisio•ns of the AGREEMENT in compliance with the legislative, administrative, or 3udicial determination. . - 31 - ARTICLE XXVII - WAIVER 27.1 The EI�'LOYER and the UNION acknowledge that during the meeting, and negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any sub3ect concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and comgletely set forth in this AGREII�NT. 27.2 Therefore, the EMPLOYER and the UNION for the duration of this AGREEMENT agree that the other party shall not be obligated to meet and negotiate over any term or conditions of employment whether specifically covered or not specifically covered by this AGREEMENT. The UNION and II�LOYER may, however,. mutually agree to modify any provision of this AGREEMENT. 27.3 Any and all prior ordinances, agreements, resoiutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this AGREEMENT, are hereby superseded. - 32 - ARTICLE XXVIII - CITY MILEAGE PLAN 28.1 Automobile Reimbursement Authorized: Pursuant to Chapter 92A of the Saint Pau1 Legislative Code, as amended, pertaining to reimbursement � of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 28.2 Method of Computation: To be eligible for such reimbursement all officers and employees must receive written authorization from the Mayor. Reimbursement shall be made in accordance with one of the following plans: Type 1. For those officers and employees who are required to use their own automobiles occasionally for official City business, reimbursement at the rate of 14 cents for each mile driven. Type 2. For those officers and employees who are required to use their own automobiles on a regular : basis on City business, reimbursement at the rate of $2.50 for each day of work, and in addition thereto at the rate of 7.5 cents for each mile driven. , 28.3 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for sutomobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating place of origin and destination and applicable mileage ratings thereat and indicating total miles driven, and shall file monthly - affidavits stating the number of days worked and the number of miles driven, and further required that they maintain automobile liability insurance in amounts not less than $100,000/300,000 for personal in�ury, and $25,000 for property damage. These rules and regulations, together with any amendments thereto, shall be maintained on file with the City Clerk. - 33 - ARTOC:E 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 pravided 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 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 established by this AGREEMENT and the recognition that the GRIEVANCE EROCEDURE herein established is the means by which grievances concerning �ts 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, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment. - 34 - ARTICLE XXIX - DURATION AND PLEDGE (continued) 29.32 The II�LOYER 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 sub3ect to the approval of the Administration of the City, and is also � sub�ect to ratification by the UNION. AGREID to this I2th day of June, 1979, and attested to as the full and complete understanding of the parties for the period of time he^rein specified by the signature of the following representative for the EI�LOYER and the UNION. WITNESSES: CITY OF SAINT PAUL BRICKLAYERS, MASONS, MARBLE�IASONS, CEMENT BLOCKLAYERS AND TUCKPOINTERS LOCAL N0. 1 i / ., ^� ? ; i � . ..�- l �� .<: .�% .�_4' �� Labor Relations Dir or Business Manager � Civil Service Commission - 35 - ��j% � • � � �e�� +4 APPENDIX A The classes of positions recognized by the II�LOYER as being exciusively represented by the UNION are as follows: Bricklayer Stone Mason Apprentice Masonry Inspector and other classes of positions that may be established by the II�PLOYER where the duties and responsibilities assigned comes within the jurisdiction of the UNION. - A1 - � APPENDIX B All necessary hand tools. - B1 - 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 Ma.y i, 1979 May 1, 1980 Bricklayer . . . . . . . . . . . . $11.40* $11.98** Stone Mason. . . . . . . . a . . . $11.40* $11.98** Masonry Inspector. . . . . . . . . $12.72* The basic hourly wage for temporary and emergency empZoyees appninted to the following class of positions shall be: Effective Effective Ma.y 1, 1979 May 1, 1980 Bricklaqer . . . . . . . . . . . . $11.86* $12.46** Stone Mason. . . . . . . . . . . . $11.86* $12.46** Masonry Inspector. . . . . . . . . $13.23* 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 Ma.y 1, 1980 Bricklayer . . . . . . . . . . . . $10.30 *** Masonry Inspector. . . . . . . . . $11.49 *** When performing swing stage work the rate of pay shall be $ .30 per hour over the basic hourly rate of the above.classifications. - C1 - ♦ , � APPENDIX C (continued) *This rate includes the taxable vacation contribution of $ .70. **This rate includes the taxable vacation contribution of $ .80. � ***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 i980 incurred by the employer for employees in this bargaining unit. Bricklayer $14.05 Masonry Inspector Average of the total package rates used by the City for Carpenter Foreman, Electrician Foremaa, Sheet Metal Worker Foreman, Plumber Foreman and Plasterer Foreman. - C2 - A � , APPENDIX D J ►�j`/'a � , �w �� Effective May 1, 1979, the II�LOYER shall: . (1) contribute $ .655 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. (2) contribute $ .73 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 contribution shall become $ .93 per hour. (3) contribute $ .70 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 sha11 become $ .80 per hour. All contributions made in accordance with this Appendix shall be forwarded to depositories as directed by the UNION. , The ENIPLOYER shall establish Worker's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating employees as def ined 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 IIKPLOYER'S fringe benefit obligation to participating employees as defined in Articles 12.3, 12.4 and 12.5 is limited to the contributions and/or deductions established by this AGREEMENT. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the II�LOYER has forwarded contributions and/or deductions. - D1 - : - : ematandum lrort� ths- �� - Do �o�t detach thts tr� 1i1� be � �}a i�/I9�5 ��; resotut�► so that this infonmation w - ae�v.: ��it�6 � � ; , availablt to the Gity Council. I�:_4F _ ,:� . � • �1t�ies June�:ll, 1979 � . . :�a �►�� e�� : : � � CEiVED ' . .#�3 _ �erso�r� og.�ic+t JUN 2 �. 497� 1!1!s Rt�avltstton. fcir submiaaio�t t� Citg Coim►eii �AAAYOR'S l�ICE ��.,,.�._..�_ , _ . . _ � , 1[i:x1�t�� 7bnr app=oa,t1 aad� sttbmies#on o£ this Raaa3:u�i�da to �he� Cit� :Covkncil. =--- _ _ ��.�t:�� :��F��bB FE� �I&..ACTIt1A: ; 11 1��11/�I � / r�� i��r� � i w� � � � • . . . . �� This.I�e�olution�approves the 1979-1980 Mainteaaace La.bor Agreemea�s b+�tareea t�e - City, Indepe�deat School Dietrict No. 625'�nd Bricklayers Loca�1 No. 1. `" These Agreem�ats provide�for a May 1, 1979 total pack:age increa�se of $. 74 per hour with �, 17 goiag on w�ges arid $, 57 going into fringe benefits. The May 1, 198a toi�•': . packag� iat�crEase is $. $0 per hour. . 7'he Residency iaaguage haa been deleted from the Agreement vaifh ISD #625. _ : � , - „ ;:; . � . . . . - . �:;ti+ � .. . � . . . . . .. ` �.� . .. .. �� -. '- . _ � � ' .. ... . . . . .. . ,� � F - �+��'.��l� ' • � Resolation, co�y �or City Clerk and tavA Maintenace Labor Agreementa. � ; � , , �; �, :` � �:: �, ,: ,., ,. .. : .. .. : . . . . �� , :: . . . . ,.,: . ..; . ; . _.. ,, . � _ .