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01-1093F _ . ... - . . I RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented Referred To Committee Date t3 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 May 1, 2001 through Apri130, 2004 Maintenance Labor Agreement between the City of Saint Paul and the International Union of Painters and Allied Trades District Counci182. Requested by Department oE Adoption Certified by Council Secretary ,� ._ � � � .. . -. . . .< : ,r i` i� %/ �".. j�// Office f bor Relations By: Form App ved by ' ttorney � By: v/ Approved by Mayor for Submission to Council By: / Council File # 6 ��1 �q3 Green Sheet # 106851 Adopted by Council: Date �pv R � p� \ DEPARTMENT/OFFICE/COUNCII.: DATE INiTTATED GREEN SHEET No.: 106851 0�� I�1' "° Human Resources October 10, 2001 CONTA(.''T PERSON & PHONE: �py� JLTLIE KRAUS (266-6513) ,D�„�,�, D� , �,�,�al,,,,�, A$$I(iNED 2CI7YAITORNEY � CRYCLERK MOST BE ON COUNCII, AGENDA BY (DATE) �� R ROUTING k7HArtpqLSkgVDm t7NANCUCSE2V/nccrG ORDER �/{ /�� 3MAYOR(ORASSI'.) LY TOTAL # OF SIGNA'fURE PAGFS 1 (CLIP ALL LO(:ATTONS FOR SIGNATURE) ACISON REQUESTED: Resolution approving the attached May 1, 2001 thru Apri130, 2004 Maintenance Labor Agreement between the , City of Saint Paul and the International Union of Painters and Allied Trades Dishict Counci182. . RECOMI�NDAITONS: Apprwe (A) w Reject (R) PERSONAL SERV[CE CON'CRACIS MUSf ANSWER 1'IfE FOLLOWING QUESTIONS: ]. Ha5 tlus peaon/5rm cver worked mder a contract for this departmwt'> _PLANNING COMtvIISSION Ya No � _Cffi COMIvIl1TEE 2. Has tWS person/fum ever bem a city employee� E _CIVII,SERVICECOMIvIISSION Yes No {� _ 3 Dces tltis person/fi�m possess a slal! not m�mally possessed by my cu�trnt city employce? a Yes No ', _ 4. Is Nis person/firm a wgered vendo(.� Yu No — Explain all yes aaswers on separate Sheet and attach to gi'een sheet } INII7ATING PROBLEM, ISSUE, OPPORI'l1NITY (Who, Whay Whe�, Where, Why): R � The Maintenance Labor Agreement expired Apri130, 2001. i": n ADVANTAGESIFAPPROVED �-, � There would be a Maintenance Labor Agreement in place through Apri12004. � A DISADVANTAGES IF APPROVED: ? None_ g , �� D[SADVANTqGES IF NOT APPROVED: t�, � No agreement in place - labor unrest. „' TOTAL AMOUNT OF'1'RANSACTION: COST/REVENUE BUDGETED: „ FUNDING SOURCE: ACTNI'I'Y NU�IBER: , FINANCIAL INFORMATION: (EXPLAIN) ot- toT3 ATTACHMENT TO THE GREEN SHEET MAINTENANCE LABOR AGREEMENT WITH THE INTERNATIONAL IJNION OF PAINTERS AND ALLiED TRADES DISTRICT COUNCIL 82 Below is a suminary of the changes in the Maintenance Labor Agreement between the CiTy of Saint Paul and the International Union of Painters & Allied Trades District Counci182. Durafion: May l, 2001 through Apri130, 2004. Wa�es; The City agreed to the prevailing wage rate. New eligibility language was added. Employees who aze dischazged from their employment with the City prior to the signing of the new Agreement aze prohibited from receiving retroactive payments. Effective with the signing of the next collective bargaining agreement, employees who terminate their employment with the City are prohibited from receiving retroactive payments. This language brings the Agreement into line with other Trades Agreements and provides an administrative savings since employees who haue separated employment will not need to be located. Mileage• This unit will no longer use the per diexn/20 cents/mile system and will instead be reimbursed at the current federal IRS mileage reimbursement rate. This change will greatly ease the administration of this program, saving costs and effort by payroll staff. Languaee• Changes to the language were basically of a housekeeping nature for clarification and clean up. G�\Shazed�I,RCOMMON�COIVT'RACTIPAINI'ER�2001\grnshtattachment0l.wpd �� o � _ �0�3 ` 1VIAY 1, 2001 - APRIL 30, 2004 _ MAINTENANCE LABQR AGREEMENT . - between - � . � . , � ��, �_� � � � �_ � � � — � _ � - � , '�'HE=GITY OF SA�TT' FAU�, � _� � � � , �. � - -..and - INTERl�AT�ONAL UNION O"F:FAIN�'ERS . - � � ; � � , r�ND ALI:IED �TR�DES � � �}ISTItICT C4UNCIL 82 - �. _ � `�� _- - � � �, - - � - � II ►117� ARTICLE TITLE PAGE Preamble ................................................. ii 1 Purpose ....................................................1 2 Recognition ................................................1 3 Employer Rights ............................................1 4 Union Rights ...............................................2 5 Scope ofthe Agreement .......................................2 6 Probationary Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 Hoursof Work ..............................................3 8 Overtime ..................................................4 9 CallBack/CallIn ............................................4 10 Work Location ..............................................4 11 Wages .....................................................5 12 Fringe Benefits ..............................................5 13 Selection of Lead Painter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 • 14 Holidays ...................................................6 15 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 16 AbsencesFrom Work ........................................7 17 Seniority ...................................................8 18 Jurisdiction .................................................8 19 Separation .................................................9 20 Tools ....................................................10 21 Grievance Pzocedure ........................................10 22 Rightof Subcontract ........................................12 23 Nondiscrimination ..........................................13 24 Severahility ...............................................13 25 Waiver ...................................................13 26 City Mileage Plan ..........................................14 27 Duration and Pledge .........................................14 AppendixA .............................................. A1 AppendixB .............................................. B1 Appendix .............................................. C1 Appendix D .............................................. D1 • Appendix E (Apprentice Rates) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E1 �� PREAMBLE This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the International Union of Painters and Allied Trades, 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 througJ� effective labor-management cooperation. � The Employer 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 Employer, the Union, and the individual employees will best serve the needs of the general public. � � ARTICLE 1 - PL?RPOSE 1. ] The Emplo� er and the Lnion asree that the purpose for enterina into this Agreement is to: V I.1(1) Achieve orderly and peaceful relations, therebc establishing a system of uninterrupted operations and the highest level of employee performance that is consistent �� ith the safety and well-being of all concemed; 1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been aoreed upon by the Employer and the Union; ].](3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation ofthis Agreement without loss ofproductivity. I.2 The Emplo} er and the Union agree that this Agreement serves as a supplement to ]eaislation that creates and directs the Employer. If any part of this Agreement is in conflict �a�itl� such legislation, the ]atter 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 24 (Se��erabilin'). � ARTICLE 2 - RECOG�'ITION 21 The Employer reco2nizes the Union as the exclusive representative for collective baraainine purposes for al] personnel ha��ine an employment status of regular, probationan . pro� isionai. and temporary employed in the classes defined in Appendia A as certified b� the Bureau of Mediation Services in accordance with Case No. 73-PR-479-.A dated April 17, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, 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 Am� °term or condition of employment" not established by this Agreement sha11 remain ��ith the Employer to eliminate, modify, or estabiish following written notification to the linion. . -I- ARTICLE 4 - UNION RIGHTS 4.1 The Employer shall deduct from the wa�es of employees who authorize such a deduction in �aTitine an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1( i) The Employer shall not deduct dues from the wages of employees covered by this Aereement for any other labor organization. 4.1(2) The linion shall indemnify and save hannless the Employer from an�� and all claims or char�es made against the Employer as a result of the implementation of this Article. 4.2 The Union ma} designate one (I ) employee from the bargaining unit to act as a Steward and shall inform the Employer in w�riting of such desi�nation. Such emplo} ee shall have tl�e rights and responsibilities as designated in Article 21 (Grievance Procedure). 4.3 L'pon notification to a desienated Employer supervisor, the Business Manager of the Union, or his designated representative shall be permitted to enter the facilities of the Emplot er «�here emplo} ees co��ered b,r this Agreement are working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This A�reement establishes the "terms and conditions of employment" defined by� M.S. 179.63, Subd. 18 for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Cicil Sen°ice Rule, Council Ordinance, and Council Resolution. � � ��/1�`1�r :. .. 6. I All personnel. originally hired or rehired following sepazation, in a regulaz employment status shall ser��e a one (1) yeaz probationary period during which time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6. l(I) At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 21 (Grie��ance Procedwe). . -2- � ARTICLE 6 - PROBATIONARY PERIODS (Continued) 6.1(Z j.An emplo� ee terminated during the probationan� period shal] recei� e a�ritten notice of the reason(s) for such ternunation, a cop} of ��hich shall be sent to the L'nion. ARTICLE 7- HOL'RS O�' WORK 7.1 The norma] work da} shall be eight (8) consecutive hours per da}, excluding a thirty (30) minute lunch period bet�een the hours of 6:00 a.m. and 6:00 p.m. 7? Tlie norma] w�ork week shall be five (5) consecutive normal work da}•s Monday throuQh Frida�. � 7.3 If. during the tern� of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monda}� throuQh Frida} . tl�e L'nion agrees to enter into negotiations immediately to establish the conditions of such shifts and%or w'ork weeks. 7.4 This section shall not be construed as. and is not a guazantee of. any hours of work per • normai "ork da} or per normal work week. 7.5 .Ali emplo} ees shall be at the location designated b}° their supervisor, read} 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. 7.6 .All emplo} ees are subject to call-back by the Employer as provided b} Article 9(Call Back%Call In). 7.7 Empio} ees reportin� for «-ork at the established starting time and for whom no work is a. ailable shall receive pay for two (2) hours, at the basic hourl} rate, unless notification has been eiven not to report for work prior to leaving home, or during the previous work da�. . -;- ARTICLE 8 - OVERTIME 8.1 Time on the pa} roll in excess of the normal hours set forth above shall be "overtime «ork" and shall be done onl}' by order of the head of the department. An employee shall be recompensed for ��ork done in excess of the normal hours by being granted compensator}� 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 w-hich such overtime shall be paid shall be determined solel} b}� the Emplo}�er. 8.2 The rate of one and one-half (1.5) the hourly rate shall be the overtime rate for work performed under the followin� circumstances: 8?(1) Time worked in excess of eight (8) hours in any one normal w=ork dati� and; 8.2(2) Time ��orked in excess of forty (40) hours in any work week. The time and one-half overtime rate shall be based on the total rate, including an} premium pay, beins earned durine the overtime hours worked. 83 Forthe purpose of calculating o�ertime compensation overtime hours worked shall not be "p}'ramided". compounded, or paid twice for the same hours worked. ARTICLE 9- CALL BACK/CALL IN 9.1 The Emplo}�er retains the right to call in or call back employees before an employee has started a normal w�ork day or normal ��ork week and after an employee has completed a nonnal ��ork da} or nomial work �ieek. � . 9? Emplo} ees called in or called back shall receive a minimum of four (4) hours straight time pa� at the basic hourl}' rate, or shall be compensated in accorc3ance ��ith Article 8 � ertime w en app ic � . - 9.2(1) I`TOtwithstanding Article 9.1, employees cal]ed in four (4) hours or less prior to their normai cvork day shall complete the normal work day and be compensated only� for the overtime hours worked in accordance with Article 8(Overtime). ARTICLE 10 - WORK LOCATION 10.1 Emplo� ees shall report to work location as assigned by a designated Employer supervisor. Durins the normal work day employees may be assigned to other work locations at the discretion of the Employer. n LJ -4- � ARTICLE ll - VVAGES 1 l.1 The basic hourh �aQe rates as established by Appendix C shall be paid for all hours ��orked b� an emplo}'ee. I�TO retroacti��e payment shall be made to an} emplo} ee ��,ho has been dischareed prior to signing of the new Agreement. Effecti��e April 30, 2004, no retroacti��e pa} shall be made to any employee ��ho has terminated his,�her emplo��ment prior to the signing of the ne� Agreement. This Article 111 shall not apply to temporary employees who are laid offprior to the signing of a ne� Agreement. 11? Regular. provisional and temporary employees shall be compensated in accordance with Artide l l.l (WaQes) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 12 (Fzinge Benefits). 113 Emplo} ees co�'ered b} this agreement are not eligib]e to participate in the Public E��plo} ee Retirement Association (PERA) plan except for those emplo}�ees hired prior to '�Sa� 1. 200] �n�ho elected to remain under the PERA plan pursuant to Section 3�3.01 subd. 2b(19) ofthe Minnesota Statutes. � ARTICLE 12 - FRINGE BENEFITS I?.I The Emplo}'er shall make contributions on behalf of and/or make deductions from the �� a�es of emplo} ees covered b} this A�reement in accordance with Appendix D for all hours ��orked. ARTICLE 13 - SELECTION OF LEAD PAINTER 13.1 The selection of personnel for the class of Lead Painter shall remain solely with the Emplo} er. ] 3? Tl�e class of Lead Painter shall be filled by emplo�ees of the bargaining unit on a °temporar}• assienment". 13.3 All "temparary� assignments" shall be made only at the direction of a designated Employer supervisor. � -�- ARTICLE 14 - HOLIDAYS 14.1 The followine ten (10) days shall be designated as holida}�s: Ne�n Year's Day, January 1 AQartin Luther King Da}', Third Monday in January Presidents' Day, Third Monda}' in February n4emorial Day-. last Monda}' in May Independence Day,July 4 Labor Day, &rst Monday in September Da� after Thanksgiving. fourth Friday in November Veterans' Day, November T 1 Thanksgivina Da}. fourth Thursday in I�TOVember Christmas Da�•. December 25 14? �� hen Ne�� Year's Da} . Independence Day or Christmas Da}� falls on a Sunday. the follo��ine :��londa} shall be considerzd the desi�nated holida}�. When an� of these three (� ) holida} s falls on a Saturda}�. the preceding Friday shall be considered the designated holida� . 14.: 7he ten (10) holida� s shall be considered non-work days. 14.4 If in d1e judgment of the Employer personnel are necessary for operatin� or emergency reasons_ emplo}'ees may be scheduled or "called in or called back" in accordance with Article 9 (Call Back%Call In). 14.� Emplo}�ees assi�ned to work on Martin Luther Kin� Da}, Presidents' Day, Day after Thanl�sgi�ing or Veterans' Da; shall be compensated on a suaight time basis for such hours w�orked. 14.6 Emplo} ees assigned to work on 1�'ew Year s Day, Memorial Day, Independence Day. Labor Da} . Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2 ) times the basic hourl}� rate for such hours worked. � �� ARTTCLE 15 - DISCIPLI'�ARY PROCEDURES i�.1 The Emplo� er shall ha� e the riaht to impose disciplinarc actions on emplo}�ees for just cause. 1�? Disciplinar} actions by the Employer shall include only the following actions: 1�?(1)Oral reprimand. 15.2(2) V�'ritten reprimand. 1�.2(3)Suspznsion. I �.?(-�)Demotion. 15 2(5) Dischar�e. 1�.3 Emplo} ees �ho are suspended, demoted, or discharged shall have the right to request that such actions be reeiewed by the Civil Service Commission or a designated Board of Re� ie��,. The Civil Service Commission, or a designated Board of Review, shall be the sole and exc]usive 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 pirocessing throuah the provisions of Article 21 (Grievance Procedure). � ARTICLE 16 - ABSENCES FROM WORK 16.1 Emplo} ees ��ho are unable to report for their normal work day have the responsibilit}� to notif� their super��isor of such absence as soon as possible, but in no event later than the be�innin� of such work dav. 16? Fai]ure to make such notificarion may be grounds for discipline as provided in Article 15 (Disciplinar} Procedures). 163 Failure to report for work ��ithout notification for three (3) consecutive normal work days ma} be considered by the Employer to be a"quit" on the part of the employee. � i� ARTICLE 17 - SENIORITY 17.1 Seniorit� . for the purposes of this Agreement, shall be defined as follo�� s: 17.1(1) "Master Seniority" - The len�th of continuous regulaz and probationar}� service wifli the Employer from the last date of emplo}ment in any and all class titles covered hy this Agreement. 17.1(2) "Class Seniority" - The length of continuous regular and probationazy service w�th the Employer from the date an employee was first appointed to a class tide covered by this Agreemeni. l7? Seniorit� shall not accumulate during an unpaid leave of absence, except when such a lea� e is granted for a period of less than thir[y (30) calendar davs; is granted because of iliness or injur} : is granted to allow an employee to accept an appointment to the unclassified sen ice of the Emplo}�er or to an elected or appoirned full-time position w�ith the Cnion. 173 Seniorit� shall terniinate when an emplo}°ee retires, resigns, or is dischareed. � 17.-� In the e� ent it is determined by the Employer that it is necessary to reduce the work force, emplo� ees «'ill be laid off by class title ��-ithin each Department based on im�erse len�th . of "Class Seniorit}". Employees laid off shall have the right to reinstatement in their Department to an}� pre� iousl�� held lo�m�er paid class title in this bazgaining unit, procided such en�plo� ee has greater "Class Seniority" Yhan the employee beine replaced. 17S The seleccion of � acation periods shall be made by ctass titie based on ten=th of "Class Seniorit} ". subject to the appro� al of the Emplo}'er. ��s.:• r..,....�.:,..� 3-_�:..�:!---- - ,. 18.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject to determination b}� the various unions representing emptoyees ofthe Emplo}•er. l 8? The Employer agrees to be guided in the assignment of work jurisdiction by any mutual a�reements bet�reen the unions involced. � � � ARTICLE 18 - JIiRISDICTION (Continued) 18.= In the e� ent of a dispute concernine the performance or assi�nment of v.ork, the unions in� ol� zd and the Employer shall meet as soon as mutuall} possible to resoloe the dispute. tiothins in the foregoinQ shall restrict the right of the Emplo�er to accomplish the work as originall�' assiened pendin� resolution of the dispute or to restrict the Employer's basic ri�ht to assiQn work. 18.4 An} emplo} ee refusina to perform work assi�ned by the Emplo}'er and as clarified b}� Sections 182 and 18.3 above shall be subject to disciplinar;' action as pro��ided in Article ] � (Disciplinar} Procedures). ] 8.� There shai] be no ��ork stoppa�e. slo�� do��n. or an} disruption of «�ork resulting from a ��ork assi�nment. ARTICLE 19 - SEPARATION 19.1 Emplo}'ees 11a�°ins a probationar}� or regular employment status shall be considered separated from emplo} ment based on the follo��ing actions: � 19.1(1)Resignation. Employees resigning from employment shall give ��ritten notice fourteen (14) calendar days prior to the effective date ofthe resienation. 19.1(2)Discharge. As provided in Article 1�. 14.1(_ )Failure to Report for Dutt . As provided in Article 16. 19? Emplo}'ees having temporary or provisional emplovment status ma}� be ternzinated at the discretion of the Employer before the completion of a normal work day. � -9- ARTICLE 20 - TOOLS 20. ] All emplo�-ees shall personail}� pro��ide themselves «rith the tools of the trade as listed in Appendix B. ARTICLE 21 - GWEVANCE PROCEDURE 22.1 The Emplo}er shat] recognize the Steward selected in accordance with Union rules and re�ulations as the arie��ance representative of the bargaining unit. Tl�e Union shall notify the Emplo} er in «Titins ofthe name of the Steward and of his/her successor when so named. y � 21.2 It is reco�nized and accepted by the Employer and the Union that the processing of erie� ances as hereinafter provided is limited by� the job duties and responsibilities of the emplo� ees and shaIl Therefore be accomplished during working hours only when consistent �;ith such employee duties and responsibilities. The Stew'ard involved and a Urie� ing employee shall suffer no loss in pay when a grievance is processed during «orkins hours. pro<<ided the Stewazd and the employee have notified and received the appro� al of their supervisor to be absent to process a�rievance and that such absence �i ould not be detrimental to the work programs of the Employer. 21.3 The procedure established by this Article shall be the sole and exclusive procedure, � except for the appeal of disciplinary action as provided by Article ] 53, for the processing of grie� ances. r�hich are defined as an alleged violation of the terms and condiYions of this 9ereeinent. 21.� Grie� ances shall be resoh�ed in conformance w�ith the followino procedure: Step I. Cpon the occunence of an alleged eiolation of this Agreement, the employee a'i:c+�fa3F-f'3�'i@'sFi-?di.}3�9R� �2Sic � -iih j.hs emplo}�ee's supervisor. If the matter is not resolved to the employee's satisfacUon b} the informal discussion it may be reduced to writing and referred to Step Z by the Union. The written grievance shall set forth the natvre of ihe grie��ance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alteged violation of the Agreement not reduced to writing b}° the Union within seven (7) calendar days of the first occurrence of the event gi��ing rise to the grievance or within the use of reasonable diligence should ha� e had knowledge of the first occurrence of the event giving rise to the grie� ance. shall be considered waived. � -]0- � ARTICLE 21 - GRIE�'ANCE PROCEDURE (Continued) Step ?. �'�'ithin se� en (7) calendar days after recei�'ing the ��7itten arie��ance a desianated Emplo}er supervisor shall meet v,ith the Union Steward and attempt to resolve the sriecance. If, as a result of this meetin2, the griecance remains unresolved, the Emplover shall reply in writing to the Union within three (3) calendar days follo�•in� this meeting. The Union ma}' refer the grievance in ��-riting to Step 3 �i ithin se�-en (7) calendar da��s folloc�-ing receipt of the Employer's written ans«�er. An}' erie�°ance not refened in writing by the Union within se�'en (7) calendaz days follo�a ing receipt of the Employer's answer shall be considered waived. Step 3. � ithin seven (7) calendar day�s following receipt of a grievance referred from 5tep 2 a designated Emplo}�er supervisor shall meet wath the Union Business Manaa_er or his designated representati��e and attempt to resolce the grievance. Within seven (7) calendar days followin= this meeting the Employer shall reply in «�riting to the Union statin= tbe Emplo;�er's answer concerning the grievance. If as a result of the «�ritten response the grievance remains unresolved. the Union ma}' refer tl�e grievance to Step 4. Any grievance not referred to in �r�riting b; the L nion to Step 4��ithin seven (7) calendar da}°s followin� receipt of the Empioyer's ans��er sha]] be considered waived. • Step 4. If the grie� remains unresolved, the Union may within seven (7) calendar da} s after the response of the Employer in Step 3, by written notice to the Emplo} er, request arbitration of the griecance. 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 gi��en. If the panies fail to mutually agree upon an azbitrator within the said seven (7) day period, either part} ma} request the Bureau of Mediation Ser��ices to submit a panel of five (�) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the paneL The linion shall strike the first (Ist) name; the Employer shall then strike one (I) name. The process will be repeated and the remaining person shall be the azbitrator. � -I1- ARTICLE 21 - GI2IEVAI��CE PROCEDURE (Continued) � 21.� The arbitrator shall have no right to amend, modif}°, nullify, ignore, add to, or subtract from the pro��isions of this Agreement. The azbitrator shalI consider and decide onl}� the specific issue submitted in wrifing by the Employer and the Union and shall have no authorit� to make a decision on an�• other issue not so submitted. The arbitrator shalI be ��thout po� er to make decisions contrary to or inconsistent with or modifying or varyin� in an� way tbe appIication of la� s, rules or regulations having the force and effec2 of law. The arbitrator's decision shalI be submitted in writing within thiriy (30) da}�s follo��ing close of the hearing or the submission of briefs by the parties, w�hichever be later, unless the parties a2ree to an extension. The decision shall be based solely on the azbitrator's interpretation or application of the express terms of this Agreement and to the facts of the erie� ance presented. The decision of the azbitrator shall be final and bindine on the Emplo} er. the Union and the employees. 21.6 The fees and expenses for the arbitrator s services and proceedings shall be bome equall}' b} the Emplo}�er and the L'nion, provided that each party shall be responsible for compensating its o��n representati��e and �•itnesses. If either party cancels an azbitration heazin� or asks for a last minute postponement that leads to the arbitrators makin� a charse. the canceling party or the party asking for the postponement shall pa}• this charae. If either part�� desires a verbatim record of the proceedin�s. it ma} cause such a record to � be made providin� it pays for the record. 21.7 The time limits in each step of this procedure ma}� be extended b}� mutual aereement of the Emplo} er and the Union. ARTICLE 22 - WGHT OF SUBCONTRACT * tract out work done b} the emplovees 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 shalt =i� e the Union a ninety (90) calendar day notice of the intention to sub-contract. 22? The sub-contractine of work done by the emplayees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. -12- � � ARTICLE 23 - NONDISCRIMINATION 23.1 The temis and conditions of this Agreement �ill be applied to emplo} ees equall} � ithout reRard to_ or discrimination for or against, an} indi� idual because of race. color creed. sex. aee. disabilit} or because of inembership or nonmembership in the linion. 23? Emplo} ees �� ill perform their duties and responsibilities in a non-discriminaton' manner as such duties and responsibilities in��olve other emplo} ees and the eeneral public. ARTICLE 24 - SEVERABILITY 24.1 In the e�ent that an}� provision(s) ofthis Agreement is declared to be contrar} to la�n� b}• proper le�islati�•e. administrati��e. or judicial authority from ��hose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other pro� isions shal] continue in full force and effect. 24? The parties aeree to, upon ��ritten notice, enter into negotiations to place tl�e voided pro� isions of the A�reement in compliance with the legislative, administrative, or judicial determination. � ARTICLE 25 - WAIVER 25.1 The Emplo}�er and the Union ackno«'ledge that during the meeting and negotiating «hich resulted in this Agreement, each had the right and opportunity to make proposals with respect to an} subject concerning the terms and conditions of employment. The a�reements and understandines reached by the parties after the exercise of this right are fulh and completel} set forth in this Aereemeni. 2�.2 Therefore. the Employer and the Union far the duration of this Aereement a�ree that the other partti' 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 Employ'er may, however, mutually agree to modify any provision of this Agreement. 253 An} and all prior ordinances, agreements, resolutions, practices, policies, and nzles or regulations re�arding the terms and conditions of employment, to the extent they aze inconsistent with this Agreement, aze hereb}� superseded. • -13- ARTICLE 26 - CITY MILEAGE 26.1 Automobile Reimbursement Authorized: Chapter 33 of the 5aint Paul Administrati� e code s1�a12 be superceded for members of this bargaining unit b}� this article. 26.2 Method of Computation: To be eligible for such reimbursement, ati officers and employ ees must receive written authorization from the Department Head. �'hen an employee is required to use his/her personal automobile to conduct authorized Cit� business, the City shall reimburse the empioyee at the then current Federal I.R.S. mileage reimbursement rate on the most direct route. 263 'Fhe Cit} will provide parkin� at the Civic Center Parking Ramp for City empioyees on the abo� e mentioned reimbursement plan who aze required to haee their personal car a� ailable for Cit} business. Such pazkine wzll be provided only for the days the emplo� ee is required to have his or her own personal car a��ailable. ARTICLE 27 - DURATION AND PLEDGE � 27.1 Eacept as herein pro� ided, this Agreement shall be effective as of the date it is executed � b} the parcies and shall continue in full force and effect through Apri130, 2004 and . thereafter until modified or amended by mutual agreement of the parties. If either part}- desires to terminate or modify this Aereement, effective as of the date of expiration, the part} uishin� to modify or terminate the Agreement shal] give written notice to the other pam. not more than ninety (90) or less than sixty (60) calendaz da}�s prior to the expiration date. provided, that the Agreement may- onl} be so terminated or modified effecti� e as of the expiration date. n e terms and condiuons of e loyment established by this Agreement and the recognition that the Grievance Procedure herein estab is e is e means b}' w'hich grievances conceming its application or interpretation map be peacefully resolced, the parcies hereby ptedge that during the term of the Agreement: C , J -14- � ARTICLE 27 - DURATION AND PLEDGE (Continued) 272(1)The Union and the employees will not engage in, instigate, or condone any concerted action in which empioyees fail to report for duty, willfully absent themselves from work, stop work, slow down their wark, or absent themselves in wbole or part from the full, faithfixl performance of their duties of employment. 27.2(2) The Employer will not engage in, instigate, or condone any lock-out of employees. 27.2(3) Tlus constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City, the City Council and is also subject to ratification by the Union. AGREED to this � day of �Ci 2001 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 Employer and the Umon: * WITNESS S: ason Sc dt Labor Relarions Specialist Je e Bu i s Representative a erine Megany Labor Relations Director � -15- � APPENDIX A The classes of positions recognized by the Employer as being exclusive]y represented by the linion aze as follows: Lead Painter Painter Apprentice and other classes of positions that may be established by the Employer where the duties and responsibilities assigned aze determined by the Bureau of Mediation Services to be appropriately represented by this bazgaining unit. � i -Al- � APPENDIX B � Duster Wall Scrapers Puttv Knife Broad Knife Hauimer Screw Drivers i -8�- APPENDIX C � e basic hourly �'a�e rate for regulaz employees appointed to the following classes who participate in PERA il be: Painter Lead Painter Effective Effective 5/5/O1 1/1/02 (Orclosestpayperiod) $23.77 $23.69 $24.72 $24.64 Effective 5/1/02 (Or closest payperiod) Effective 5/1/03 (Or clo5est payperiod) *� * �: The basic hourly wage rate for temporary, regular and probationary employees appointed to the following classes who are not participating in PERA shall be: Painter n U Lead Painter Effective Effective 5/5/O1 5/1/02 (Or c]osestpayperiod) $25.�� * $26.00 * Effective �/1/03 (Or closest payperiod) ** *=x * Effective 5/1/02 (ar closest payperiod) an additional $1.85 per hour increase will be added to the total package. The parties will agree prior to that date as to the distribution of the increase between wages and fringes. This amount will be decreased by any increase in the Industry Promotion Fund. **Effective 5/1/0� (or closest payperiod) an additional $1.80 per hour increase will be added to the total package. The parties will agree prior to that date as to the distribution of the increase between wages and fringes. This amount will be decreased by any increase in the Industry Promotion Fund. In the event that the Union elects to have the fringe benefit contributions made by the Employer increased during the contract period, the basic hourly wage rates shall be reduced by the amount of such increase. When performing the following types of work, the rate of pay shall be seventy-five cents ($.75) per hour over the basic hourly wage rate for any class covered by this Agreement: Sandblasting, swing-stage work, erected structural steel skeleton work, all bridge wark, all exterior work where safety belt or window jacks aze used, spray painting, for application of materials over 50% creosote, and for application of all tv✓o component epoxy materials. r1 U -C1 - APPENDIX C (Continued) � Employer a�rees to pay $30.00 toward the cost of a pair of safet;% shoes purchased by an employee who is a ber of this unit. The Employer shall contrabute towazd the cost of one pair of shoes per contract year and shall not be responsible for any additional cost for any additional shoes thereafter. The reimbursement of $30.00 shall be made only after investigation and approcal by the immediate supervisor of that employee. This $30.00 Employer contribution shall apply only to those employees who aze required b}� the Employer to wear protective shoes. C� • -C2- APPENDIX D �ective May 5, 2001 the Employer shall: (1) contribute to a designated Health and Welfare/Dental Fund $3.15 per hour for all hours worked by employees covered by this Aa eement. (2) contribute to a Pension Fu»d $5.35 per hour for all hours worked by employees covered by this Agreement. (3) deduct $1.�0 per hour from which payroll deductions have been made for all hours worked by employees covered by this Agreement, to a Vacation Fund. (4) conh to an Apprenticeship Training Fund $.28 per hour for all hours worked by employees covered by this Agreement. The EMPLOYER shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Employees covered by this Agreement shall not be governed by nor be eligible for, the accumulation of vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or may be established by Civil Service Rules, Council Ordinance or Council Resolution. a e Employer's fringe benefit obligation to employees is limited to the contributions and/or deductions established by this Agreement. 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I RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented Referred To Committee Date t3 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 May 1, 2001 through Apri130, 2004 Maintenance Labor Agreement between the City of Saint Paul and the International Union of Painters and Allied Trades District Counci182. Requested by Department oE Adoption Certified by Council Secretary ,� ._ � � � .. . -. . . .< : ,r i` i� %/ �".. j�// Office f bor Relations By: Form App ved by ' ttorney � By: v/ Approved by Mayor for Submission to Council By: / Council File # 6 ��1 �q3 Green Sheet # 106851 Adopted by Council: Date �pv R � p� \ DEPARTMENT/OFFICE/COUNCII.: DATE INiTTATED GREEN SHEET No.: 106851 0�� I�1' "° Human Resources October 10, 2001 CONTA(.''T PERSON & PHONE: �py� JLTLIE KRAUS (266-6513) ,D�„�,�, D� , �,�,�al,,,,�, A$$I(iNED 2CI7YAITORNEY � CRYCLERK MOST BE ON COUNCII, AGENDA BY (DATE) �� R ROUTING k7HArtpqLSkgVDm t7NANCUCSE2V/nccrG ORDER �/{ /�� 3MAYOR(ORASSI'.) LY TOTAL # OF SIGNA'fURE PAGFS 1 (CLIP ALL LO(:ATTONS FOR SIGNATURE) ACISON REQUESTED: Resolution approving the attached May 1, 2001 thru Apri130, 2004 Maintenance Labor Agreement between the , City of Saint Paul and the International Union of Painters and Allied Trades Dishict Counci182. . RECOMI�NDAITONS: Apprwe (A) w Reject (R) PERSONAL SERV[CE CON'CRACIS MUSf ANSWER 1'IfE FOLLOWING QUESTIONS: ]. Ha5 tlus peaon/5rm cver worked mder a contract for this departmwt'> _PLANNING COMtvIISSION Ya No � _Cffi COMIvIl1TEE 2. Has tWS person/fum ever bem a city employee� E _CIVII,SERVICECOMIvIISSION Yes No {� _ 3 Dces tltis person/fi�m possess a slal! not m�mally possessed by my cu�trnt city employce? a Yes No ', _ 4. Is Nis person/firm a wgered vendo(.� Yu No — Explain all yes aaswers on separate Sheet and attach to gi'een sheet } INII7ATING PROBLEM, ISSUE, OPPORI'l1NITY (Who, Whay Whe�, Where, Why): R � The Maintenance Labor Agreement expired Apri130, 2001. i": n ADVANTAGESIFAPPROVED �-, � There would be a Maintenance Labor Agreement in place through Apri12004. � A DISADVANTAGES IF APPROVED: ? None_ g , �� D[SADVANTqGES IF NOT APPROVED: t�, � No agreement in place - labor unrest. „' TOTAL AMOUNT OF'1'RANSACTION: COST/REVENUE BUDGETED: „ FUNDING SOURCE: ACTNI'I'Y NU�IBER: , FINANCIAL INFORMATION: (EXPLAIN) ot- toT3 ATTACHMENT TO THE GREEN SHEET MAINTENANCE LABOR AGREEMENT WITH THE INTERNATIONAL IJNION OF PAINTERS AND ALLiED TRADES DISTRICT COUNCIL 82 Below is a suminary of the changes in the Maintenance Labor Agreement between the CiTy of Saint Paul and the International Union of Painters & Allied Trades District Counci182. Durafion: May l, 2001 through Apri130, 2004. Wa�es; The City agreed to the prevailing wage rate. New eligibility language was added. Employees who aze dischazged from their employment with the City prior to the signing of the new Agreement aze prohibited from receiving retroactive payments. Effective with the signing of the next collective bargaining agreement, employees who terminate their employment with the City are prohibited from receiving retroactive payments. This language brings the Agreement into line with other Trades Agreements and provides an administrative savings since employees who haue separated employment will not need to be located. Mileage• This unit will no longer use the per diexn/20 cents/mile system and will instead be reimbursed at the current federal IRS mileage reimbursement rate. This change will greatly ease the administration of this program, saving costs and effort by payroll staff. Languaee• Changes to the language were basically of a housekeeping nature for clarification and clean up. G�\Shazed�I,RCOMMON�COIVT'RACTIPAINI'ER�2001\grnshtattachment0l.wpd �� o � _ �0�3 ` 1VIAY 1, 2001 - APRIL 30, 2004 _ MAINTENANCE LABQR AGREEMENT . - between - � . � . , � ��, �_� � � � �_ � � � — � _ � - � , '�'HE=GITY OF SA�TT' FAU�, � _� � � � , �. � - -..and - INTERl�AT�ONAL UNION O"F:FAIN�'ERS . - � � ; � � , r�ND ALI:IED �TR�DES � � �}ISTItICT C4UNCIL 82 - �. _ � `�� _- - � � �, - - � - � II ►117� ARTICLE TITLE PAGE Preamble ................................................. ii 1 Purpose ....................................................1 2 Recognition ................................................1 3 Employer Rights ............................................1 4 Union Rights ...............................................2 5 Scope ofthe Agreement .......................................2 6 Probationary Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 Hoursof Work ..............................................3 8 Overtime ..................................................4 9 CallBack/CallIn ............................................4 10 Work Location ..............................................4 11 Wages .....................................................5 12 Fringe Benefits ..............................................5 13 Selection of Lead Painter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 • 14 Holidays ...................................................6 15 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 16 AbsencesFrom Work ........................................7 17 Seniority ...................................................8 18 Jurisdiction .................................................8 19 Separation .................................................9 20 Tools ....................................................10 21 Grievance Pzocedure ........................................10 22 Rightof Subcontract ........................................12 23 Nondiscrimination ..........................................13 24 Severahility ...............................................13 25 Waiver ...................................................13 26 City Mileage Plan ..........................................14 27 Duration and Pledge .........................................14 AppendixA .............................................. A1 AppendixB .............................................. B1 Appendix .............................................. C1 Appendix D .............................................. D1 • Appendix E (Apprentice Rates) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E1 �� PREAMBLE This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the International Union of Painters and Allied Trades, 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 througJ� effective labor-management cooperation. � The Employer 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 Employer, the Union, and the individual employees will best serve the needs of the general public. � � ARTICLE 1 - PL?RPOSE 1. ] The Emplo� er and the Lnion asree that the purpose for enterina into this Agreement is to: V I.1(1) Achieve orderly and peaceful relations, therebc establishing a system of uninterrupted operations and the highest level of employee performance that is consistent �� ith the safety and well-being of all concemed; 1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been aoreed upon by the Employer and the Union; ].](3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation ofthis Agreement without loss ofproductivity. I.2 The Emplo} er and the Union agree that this Agreement serves as a supplement to ]eaislation that creates and directs the Employer. If any part of this Agreement is in conflict �a�itl� such legislation, the ]atter 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 24 (Se��erabilin'). � ARTICLE 2 - RECOG�'ITION 21 The Employer reco2nizes the Union as the exclusive representative for collective baraainine purposes for al] personnel ha��ine an employment status of regular, probationan . pro� isionai. and temporary employed in the classes defined in Appendia A as certified b� the Bureau of Mediation Services in accordance with Case No. 73-PR-479-.A dated April 17, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, 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 Am� °term or condition of employment" not established by this Agreement sha11 remain ��ith the Employer to eliminate, modify, or estabiish following written notification to the linion. . -I- ARTICLE 4 - UNION RIGHTS 4.1 The Employer shall deduct from the wa�es of employees who authorize such a deduction in �aTitine an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1( i) The Employer shall not deduct dues from the wages of employees covered by this Aereement for any other labor organization. 4.1(2) The linion shall indemnify and save hannless the Employer from an�� and all claims or char�es made against the Employer as a result of the implementation of this Article. 4.2 The Union ma} designate one (I ) employee from the bargaining unit to act as a Steward and shall inform the Employer in w�riting of such desi�nation. Such emplo} ee shall have tl�e rights and responsibilities as designated in Article 21 (Grievance Procedure). 4.3 L'pon notification to a desienated Employer supervisor, the Business Manager of the Union, or his designated representative shall be permitted to enter the facilities of the Emplot er «�here emplo} ees co��ered b,r this Agreement are working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This A�reement establishes the "terms and conditions of employment" defined by� M.S. 179.63, Subd. 18 for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Cicil Sen°ice Rule, Council Ordinance, and Council Resolution. � � ��/1�`1�r :. .. 6. I All personnel. originally hired or rehired following sepazation, in a regulaz employment status shall ser��e a one (1) yeaz probationary period during which time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6. l(I) At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 21 (Grie��ance Procedwe). . -2- � ARTICLE 6 - PROBATIONARY PERIODS (Continued) 6.1(Z j.An emplo� ee terminated during the probationan� period shal] recei� e a�ritten notice of the reason(s) for such ternunation, a cop} of ��hich shall be sent to the L'nion. ARTICLE 7- HOL'RS O�' WORK 7.1 The norma] work da} shall be eight (8) consecutive hours per da}, excluding a thirty (30) minute lunch period bet�een the hours of 6:00 a.m. and 6:00 p.m. 7? Tlie norma] w�ork week shall be five (5) consecutive normal work da}•s Monday throuQh Frida�. � 7.3 If. during the tern� of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monda}� throuQh Frida} . tl�e L'nion agrees to enter into negotiations immediately to establish the conditions of such shifts and%or w'ork weeks. 7.4 This section shall not be construed as. and is not a guazantee of. any hours of work per • normai "ork da} or per normal work week. 7.5 .Ali emplo} ees shall be at the location designated b}° their supervisor, read} 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. 7.6 .All emplo} ees are subject to call-back by the Employer as provided b} Article 9(Call Back%Call In). 7.7 Empio} ees reportin� for «-ork at the established starting time and for whom no work is a. ailable shall receive pay for two (2) hours, at the basic hourl} rate, unless notification has been eiven not to report for work prior to leaving home, or during the previous work da�. . -;- ARTICLE 8 - OVERTIME 8.1 Time on the pa} roll in excess of the normal hours set forth above shall be "overtime «ork" and shall be done onl}' by order of the head of the department. An employee shall be recompensed for ��ork done in excess of the normal hours by being granted compensator}� 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 w-hich such overtime shall be paid shall be determined solel} b}� the Emplo}�er. 8.2 The rate of one and one-half (1.5) the hourly rate shall be the overtime rate for work performed under the followin� circumstances: 8?(1) Time worked in excess of eight (8) hours in any one normal w=ork dati� and; 8.2(2) Time ��orked in excess of forty (40) hours in any work week. The time and one-half overtime rate shall be based on the total rate, including an} premium pay, beins earned durine the overtime hours worked. 83 Forthe purpose of calculating o�ertime compensation overtime hours worked shall not be "p}'ramided". compounded, or paid twice for the same hours worked. ARTICLE 9- CALL BACK/CALL IN 9.1 The Emplo}�er retains the right to call in or call back employees before an employee has started a normal w�ork day or normal ��ork week and after an employee has completed a nonnal ��ork da} or nomial work �ieek. � . 9? Emplo} ees called in or called back shall receive a minimum of four (4) hours straight time pa� at the basic hourl}' rate, or shall be compensated in accorc3ance ��ith Article 8 � ertime w en app ic � . - 9.2(1) I`TOtwithstanding Article 9.1, employees cal]ed in four (4) hours or less prior to their normai cvork day shall complete the normal work day and be compensated only� for the overtime hours worked in accordance with Article 8(Overtime). ARTICLE 10 - WORK LOCATION 10.1 Emplo� ees shall report to work location as assigned by a designated Employer supervisor. Durins the normal work day employees may be assigned to other work locations at the discretion of the Employer. n LJ -4- � ARTICLE ll - VVAGES 1 l.1 The basic hourh �aQe rates as established by Appendix C shall be paid for all hours ��orked b� an emplo}'ee. I�TO retroacti��e payment shall be made to an} emplo} ee ��,ho has been dischareed prior to signing of the new Agreement. Effecti��e April 30, 2004, no retroacti��e pa} shall be made to any employee ��ho has terminated his,�her emplo��ment prior to the signing of the ne� Agreement. This Article 111 shall not apply to temporary employees who are laid offprior to the signing of a ne� Agreement. 11? Regular. provisional and temporary employees shall be compensated in accordance with Artide l l.l (WaQes) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 12 (Fzinge Benefits). 113 Emplo} ees co�'ered b} this agreement are not eligib]e to participate in the Public E��plo} ee Retirement Association (PERA) plan except for those emplo}�ees hired prior to '�Sa� 1. 200] �n�ho elected to remain under the PERA plan pursuant to Section 3�3.01 subd. 2b(19) ofthe Minnesota Statutes. � ARTICLE 12 - FRINGE BENEFITS I?.I The Emplo}'er shall make contributions on behalf of and/or make deductions from the �� a�es of emplo} ees covered b} this A�reement in accordance with Appendix D for all hours ��orked. ARTICLE 13 - SELECTION OF LEAD PAINTER 13.1 The selection of personnel for the class of Lead Painter shall remain solely with the Emplo} er. ] 3? Tl�e class of Lead Painter shall be filled by emplo�ees of the bargaining unit on a °temporar}• assienment". 13.3 All "temparary� assignments" shall be made only at the direction of a designated Employer supervisor. � -�- ARTICLE 14 - HOLIDAYS 14.1 The followine ten (10) days shall be designated as holida}�s: Ne�n Year's Day, January 1 AQartin Luther King Da}', Third Monday in January Presidents' Day, Third Monda}' in February n4emorial Day-. last Monda}' in May Independence Day,July 4 Labor Day, &rst Monday in September Da� after Thanksgiving. fourth Friday in November Veterans' Day, November T 1 Thanksgivina Da}. fourth Thursday in I�TOVember Christmas Da�•. December 25 14? �� hen Ne�� Year's Da} . Independence Day or Christmas Da}� falls on a Sunday. the follo��ine :��londa} shall be considerzd the desi�nated holida}�. When an� of these three (� ) holida} s falls on a Saturda}�. the preceding Friday shall be considered the designated holida� . 14.: 7he ten (10) holida� s shall be considered non-work days. 14.4 If in d1e judgment of the Employer personnel are necessary for operatin� or emergency reasons_ emplo}'ees may be scheduled or "called in or called back" in accordance with Article 9 (Call Back%Call In). 14.� Emplo}�ees assi�ned to work on Martin Luther Kin� Da}, Presidents' Day, Day after Thanl�sgi�ing or Veterans' Da; shall be compensated on a suaight time basis for such hours w�orked. 14.6 Emplo} ees assigned to work on 1�'ew Year s Day, Memorial Day, Independence Day. Labor Da} . Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2 ) times the basic hourl}� rate for such hours worked. � �� ARTTCLE 15 - DISCIPLI'�ARY PROCEDURES i�.1 The Emplo� er shall ha� e the riaht to impose disciplinarc actions on emplo}�ees for just cause. 1�? Disciplinar} actions by the Employer shall include only the following actions: 1�?(1)Oral reprimand. 15.2(2) V�'ritten reprimand. 1�.2(3)Suspznsion. I �.?(-�)Demotion. 15 2(5) Dischar�e. 1�.3 Emplo} ees �ho are suspended, demoted, or discharged shall have the right to request that such actions be reeiewed by the Civil Service Commission or a designated Board of Re� ie��,. The Civil Service Commission, or a designated Board of Review, shall be the sole and exc]usive 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 pirocessing throuah the provisions of Article 21 (Grievance Procedure). � ARTICLE 16 - ABSENCES FROM WORK 16.1 Emplo} ees ��ho are unable to report for their normal work day have the responsibilit}� to notif� their super��isor of such absence as soon as possible, but in no event later than the be�innin� of such work dav. 16? Fai]ure to make such notificarion may be grounds for discipline as provided in Article 15 (Disciplinar} Procedures). 163 Failure to report for work ��ithout notification for three (3) consecutive normal work days ma} be considered by the Employer to be a"quit" on the part of the employee. � i� ARTICLE 17 - SENIORITY 17.1 Seniorit� . for the purposes of this Agreement, shall be defined as follo�� s: 17.1(1) "Master Seniority" - The len�th of continuous regulaz and probationar}� service wifli the Employer from the last date of emplo}ment in any and all class titles covered hy this Agreement. 17.1(2) "Class Seniority" - The length of continuous regular and probationazy service w�th the Employer from the date an employee was first appointed to a class tide covered by this Agreemeni. l7? Seniorit� shall not accumulate during an unpaid leave of absence, except when such a lea� e is granted for a period of less than thir[y (30) calendar davs; is granted because of iliness or injur} : is granted to allow an employee to accept an appointment to the unclassified sen ice of the Emplo}�er or to an elected or appoirned full-time position w�ith the Cnion. 173 Seniorit� shall terniinate when an emplo}°ee retires, resigns, or is dischareed. � 17.-� In the e� ent it is determined by the Employer that it is necessary to reduce the work force, emplo� ees «'ill be laid off by class title ��-ithin each Department based on im�erse len�th . of "Class Seniorit}". Employees laid off shall have the right to reinstatement in their Department to an}� pre� iousl�� held lo�m�er paid class title in this bazgaining unit, procided such en�plo� ee has greater "Class Seniority" Yhan the employee beine replaced. 17S The seleccion of � acation periods shall be made by ctass titie based on ten=th of "Class Seniorit} ". subject to the appro� al of the Emplo}'er. ��s.:• r..,....�.:,..� 3-_�:..�:!---- - ,. 18.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject to determination b}� the various unions representing emptoyees ofthe Emplo}•er. l 8? The Employer agrees to be guided in the assignment of work jurisdiction by any mutual a�reements bet�reen the unions involced. � � � ARTICLE 18 - JIiRISDICTION (Continued) 18.= In the e� ent of a dispute concernine the performance or assi�nment of v.ork, the unions in� ol� zd and the Employer shall meet as soon as mutuall} possible to resoloe the dispute. tiothins in the foregoinQ shall restrict the right of the Emplo�er to accomplish the work as originall�' assiened pendin� resolution of the dispute or to restrict the Employer's basic ri�ht to assiQn work. 18.4 An} emplo} ee refusina to perform work assi�ned by the Emplo}'er and as clarified b}� Sections 182 and 18.3 above shall be subject to disciplinar;' action as pro��ided in Article ] � (Disciplinar} Procedures). ] 8.� There shai] be no ��ork stoppa�e. slo�� do��n. or an} disruption of «�ork resulting from a ��ork assi�nment. ARTICLE 19 - SEPARATION 19.1 Emplo}'ees 11a�°ins a probationar}� or regular employment status shall be considered separated from emplo} ment based on the follo��ing actions: � 19.1(1)Resignation. Employees resigning from employment shall give ��ritten notice fourteen (14) calendar days prior to the effective date ofthe resienation. 19.1(2)Discharge. As provided in Article 1�. 14.1(_ )Failure to Report for Dutt . As provided in Article 16. 19? Emplo}'ees having temporary or provisional emplovment status ma}� be ternzinated at the discretion of the Employer before the completion of a normal work day. � -9- ARTICLE 20 - TOOLS 20. ] All emplo�-ees shall personail}� pro��ide themselves «rith the tools of the trade as listed in Appendix B. ARTICLE 21 - GWEVANCE PROCEDURE 22.1 The Emplo}er shat] recognize the Steward selected in accordance with Union rules and re�ulations as the arie��ance representative of the bargaining unit. Tl�e Union shall notify the Emplo} er in «Titins ofthe name of the Steward and of his/her successor when so named. y � 21.2 It is reco�nized and accepted by the Employer and the Union that the processing of erie� ances as hereinafter provided is limited by� the job duties and responsibilities of the emplo� ees and shaIl Therefore be accomplished during working hours only when consistent �;ith such employee duties and responsibilities. The Stew'ard involved and a Urie� ing employee shall suffer no loss in pay when a grievance is processed during «orkins hours. pro<<ided the Stewazd and the employee have notified and received the appro� al of their supervisor to be absent to process a�rievance and that such absence �i ould not be detrimental to the work programs of the Employer. 21.3 The procedure established by this Article shall be the sole and exclusive procedure, � except for the appeal of disciplinary action as provided by Article ] 53, for the processing of grie� ances. r�hich are defined as an alleged violation of the terms and condiYions of this 9ereeinent. 21.� Grie� ances shall be resoh�ed in conformance w�ith the followino procedure: Step I. Cpon the occunence of an alleged eiolation of this Agreement, the employee a'i:c+�fa3F-f'3�'i@'sFi-?di.}3�9R� �2Sic � -iih j.hs emplo}�ee's supervisor. If the matter is not resolved to the employee's satisfacUon b} the informal discussion it may be reduced to writing and referred to Step Z by the Union. The written grievance shall set forth the natvre of ihe grie��ance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alteged violation of the Agreement not reduced to writing b}° the Union within seven (7) calendar days of the first occurrence of the event gi��ing rise to the grievance or within the use of reasonable diligence should ha� e had knowledge of the first occurrence of the event giving rise to the grie� ance. shall be considered waived. � -]0- � ARTICLE 21 - GRIE�'ANCE PROCEDURE (Continued) Step ?. �'�'ithin se� en (7) calendar days after recei�'ing the ��7itten arie��ance a desianated Emplo}er supervisor shall meet v,ith the Union Steward and attempt to resolve the sriecance. If, as a result of this meetin2, the griecance remains unresolved, the Emplover shall reply in writing to the Union within three (3) calendar days follo�•in� this meeting. The Union ma}' refer the grievance in ��-riting to Step 3 �i ithin se�-en (7) calendar da��s folloc�-ing receipt of the Employer's written ans«�er. An}' erie�°ance not refened in writing by the Union within se�'en (7) calendaz days follo�a ing receipt of the Employer's answer shall be considered waived. Step 3. � ithin seven (7) calendar day�s following receipt of a grievance referred from 5tep 2 a designated Emplo}�er supervisor shall meet wath the Union Business Manaa_er or his designated representati��e and attempt to resolce the grievance. Within seven (7) calendar days followin= this meeting the Employer shall reply in «�riting to the Union statin= tbe Emplo;�er's answer concerning the grievance. If as a result of the «�ritten response the grievance remains unresolved. the Union ma}' refer tl�e grievance to Step 4. Any grievance not referred to in �r�riting b; the L nion to Step 4��ithin seven (7) calendar da}°s followin� receipt of the Empioyer's ans��er sha]] be considered waived. • Step 4. If the grie� remains unresolved, the Union may within seven (7) calendar da} s after the response of the Employer in Step 3, by written notice to the Emplo} er, request arbitration of the griecance. 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 gi��en. If the panies fail to mutually agree upon an azbitrator within the said seven (7) day period, either part} ma} request the Bureau of Mediation Ser��ices to submit a panel of five (�) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the paneL The linion shall strike the first (Ist) name; the Employer shall then strike one (I) name. The process will be repeated and the remaining person shall be the azbitrator. � -I1- ARTICLE 21 - GI2IEVAI��CE PROCEDURE (Continued) � 21.� The arbitrator shall have no right to amend, modif}°, nullify, ignore, add to, or subtract from the pro��isions of this Agreement. The azbitrator shalI consider and decide onl}� the specific issue submitted in wrifing by the Employer and the Union and shall have no authorit� to make a decision on an�• other issue not so submitted. The arbitrator shalI be ��thout po� er to make decisions contrary to or inconsistent with or modifying or varyin� in an� way tbe appIication of la� s, rules or regulations having the force and effec2 of law. The arbitrator's decision shalI be submitted in writing within thiriy (30) da}�s follo��ing close of the hearing or the submission of briefs by the parties, w�hichever be later, unless the parties a2ree to an extension. The decision shall be based solely on the azbitrator's interpretation or application of the express terms of this Agreement and to the facts of the erie� ance presented. The decision of the azbitrator shall be final and bindine on the Emplo} er. the Union and the employees. 21.6 The fees and expenses for the arbitrator s services and proceedings shall be bome equall}' b} the Emplo}�er and the L'nion, provided that each party shall be responsible for compensating its o��n representati��e and �•itnesses. If either party cancels an azbitration heazin� or asks for a last minute postponement that leads to the arbitrators makin� a charse. the canceling party or the party asking for the postponement shall pa}• this charae. If either part�� desires a verbatim record of the proceedin�s. it ma} cause such a record to � be made providin� it pays for the record. 21.7 The time limits in each step of this procedure ma}� be extended b}� mutual aereement of the Emplo} er and the Union. ARTICLE 22 - WGHT OF SUBCONTRACT * tract out work done b} the emplovees 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 shalt =i� e the Union a ninety (90) calendar day notice of the intention to sub-contract. 22? The sub-contractine of work done by the emplayees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. -12- � � ARTICLE 23 - NONDISCRIMINATION 23.1 The temis and conditions of this Agreement �ill be applied to emplo} ees equall} � ithout reRard to_ or discrimination for or against, an} indi� idual because of race. color creed. sex. aee. disabilit} or because of inembership or nonmembership in the linion. 23? Emplo} ees �� ill perform their duties and responsibilities in a non-discriminaton' manner as such duties and responsibilities in��olve other emplo} ees and the eeneral public. ARTICLE 24 - SEVERABILITY 24.1 In the e�ent that an}� provision(s) ofthis Agreement is declared to be contrar} to la�n� b}• proper le�islati�•e. administrati��e. or judicial authority from ��hose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other pro� isions shal] continue in full force and effect. 24? The parties aeree to, upon ��ritten notice, enter into negotiations to place tl�e voided pro� isions of the A�reement in compliance with the legislative, administrative, or judicial determination. � ARTICLE 25 - WAIVER 25.1 The Emplo}�er and the Union ackno«'ledge that during the meeting and negotiating «hich resulted in this Agreement, each had the right and opportunity to make proposals with respect to an} subject concerning the terms and conditions of employment. The a�reements and understandines reached by the parties after the exercise of this right are fulh and completel} set forth in this Aereemeni. 2�.2 Therefore. the Employer and the Union far the duration of this Aereement a�ree that the other partti' 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 Employ'er may, however, mutually agree to modify any provision of this Agreement. 253 An} and all prior ordinances, agreements, resolutions, practices, policies, and nzles or regulations re�arding the terms and conditions of employment, to the extent they aze inconsistent with this Agreement, aze hereb}� superseded. • -13- ARTICLE 26 - CITY MILEAGE 26.1 Automobile Reimbursement Authorized: Chapter 33 of the 5aint Paul Administrati� e code s1�a12 be superceded for members of this bargaining unit b}� this article. 26.2 Method of Computation: To be eligible for such reimbursement, ati officers and employ ees must receive written authorization from the Department Head. �'hen an employee is required to use his/her personal automobile to conduct authorized Cit� business, the City shall reimburse the empioyee at the then current Federal I.R.S. mileage reimbursement rate on the most direct route. 263 'Fhe Cit} will provide parkin� at the Civic Center Parking Ramp for City empioyees on the abo� e mentioned reimbursement plan who aze required to haee their personal car a� ailable for Cit} business. Such pazkine wzll be provided only for the days the emplo� ee is required to have his or her own personal car a��ailable. ARTICLE 27 - DURATION AND PLEDGE � 27.1 Eacept as herein pro� ided, this Agreement shall be effective as of the date it is executed � b} the parcies and shall continue in full force and effect through Apri130, 2004 and . thereafter until modified or amended by mutual agreement of the parties. If either part}- desires to terminate or modify this Aereement, effective as of the date of expiration, the part} uishin� to modify or terminate the Agreement shal] give written notice to the other pam. not more than ninety (90) or less than sixty (60) calendaz da}�s prior to the expiration date. provided, that the Agreement may- onl} be so terminated or modified effecti� e as of the expiration date. n e terms and condiuons of e loyment established by this Agreement and the recognition that the Grievance Procedure herein estab is e is e means b}' w'hich grievances conceming its application or interpretation map be peacefully resolced, the parcies hereby ptedge that during the term of the Agreement: C , J -14- � ARTICLE 27 - DURATION AND PLEDGE (Continued) 272(1)The Union and the employees will not engage in, instigate, or condone any concerted action in which empioyees fail to report for duty, willfully absent themselves from work, stop work, slow down their wark, or absent themselves in wbole or part from the full, faithfixl performance of their duties of employment. 27.2(2) The Employer will not engage in, instigate, or condone any lock-out of employees. 27.2(3) Tlus constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City, the City Council and is also subject to ratification by the Union. AGREED to this � day of �Ci 2001 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 Employer and the Umon: * WITNESS S: ason Sc dt Labor Relarions Specialist Je e Bu i s Representative a erine Megany Labor Relations Director � -15- � APPENDIX A The classes of positions recognized by the Employer as being exclusive]y represented by the linion aze as follows: Lead Painter Painter Apprentice and other classes of positions that may be established by the Employer where the duties and responsibilities assigned aze determined by the Bureau of Mediation Services to be appropriately represented by this bazgaining unit. � i -Al- � APPENDIX B � Duster Wall Scrapers Puttv Knife Broad Knife Hauimer Screw Drivers i -8�- APPENDIX C � e basic hourly �'a�e rate for regulaz employees appointed to the following classes who participate in PERA il be: Painter Lead Painter Effective Effective 5/5/O1 1/1/02 (Orclosestpayperiod) $23.77 $23.69 $24.72 $24.64 Effective 5/1/02 (Or closest payperiod) Effective 5/1/03 (Or clo5est payperiod) *� * �: The basic hourly wage rate for temporary, regular and probationary employees appointed to the following classes who are not participating in PERA shall be: Painter n U Lead Painter Effective Effective 5/5/O1 5/1/02 (Or c]osestpayperiod) $25.�� * $26.00 * Effective �/1/03 (Or closest payperiod) ** *=x * Effective 5/1/02 (ar closest payperiod) an additional $1.85 per hour increase will be added to the total package. The parties will agree prior to that date as to the distribution of the increase between wages and fringes. This amount will be decreased by any increase in the Industry Promotion Fund. **Effective 5/1/0� (or closest payperiod) an additional $1.80 per hour increase will be added to the total package. The parties will agree prior to that date as to the distribution of the increase between wages and fringes. This amount will be decreased by any increase in the Industry Promotion Fund. In the event that the Union elects to have the fringe benefit contributions made by the Employer increased during the contract period, the basic hourly wage rates shall be reduced by the amount of such increase. When performing the following types of work, the rate of pay shall be seventy-five cents ($.75) per hour over the basic hourly wage rate for any class covered by this Agreement: Sandblasting, swing-stage work, erected structural steel skeleton work, all bridge wark, all exterior work where safety belt or window jacks aze used, spray painting, for application of materials over 50% creosote, and for application of all tv✓o component epoxy materials. r1 U -C1 - APPENDIX C (Continued) � Employer a�rees to pay $30.00 toward the cost of a pair of safet;% shoes purchased by an employee who is a ber of this unit. The Employer shall contrabute towazd the cost of one pair of shoes per contract year and shall not be responsible for any additional cost for any additional shoes thereafter. The reimbursement of $30.00 shall be made only after investigation and approcal by the immediate supervisor of that employee. This $30.00 Employer contribution shall apply only to those employees who aze required b}� the Employer to wear protective shoes. C� • -C2- APPENDIX D �ective May 5, 2001 the Employer shall: (1) contribute to a designated Health and Welfare/Dental Fund $3.15 per hour for all hours worked by employees covered by this Aa eement. (2) contribute to a Pension Fu»d $5.35 per hour for all hours worked by employees covered by this Agreement. (3) deduct $1.�0 per hour from which payroll deductions have been made for all hours worked by employees covered by this Agreement, to a Vacation Fund. (4) conh to an Apprenticeship Training Fund $.28 per hour for all hours worked by employees covered by this Agreement. The EMPLOYER shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Employees covered by this Agreement shall not be governed by nor be eligible for, the accumulation of vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or may be established by Civil Service Rules, Council Ordinance or Council Resolution. a e Employer's fringe benefit obligation to employees is limited to the contributions and/or deductions established by this Agreement. 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I RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented Referred To Committee Date t3 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 May 1, 2001 through Apri130, 2004 Maintenance Labor Agreement between the City of Saint Paul and the International Union of Painters and Allied Trades District Counci182. Requested by Department oE Adoption Certified by Council Secretary ,� ._ � � � .. . -. . . .< : ,r i` i� %/ �".. j�// Office f bor Relations By: Form App ved by ' ttorney � By: v/ Approved by Mayor for Submission to Council By: / Council File # 6 ��1 �q3 Green Sheet # 106851 Adopted by Council: Date �pv R � p� \ DEPARTMENT/OFFICE/COUNCII.: DATE INiTTATED GREEN SHEET No.: 106851 0�� I�1' "° Human Resources October 10, 2001 CONTA(.''T PERSON & PHONE: �py� JLTLIE KRAUS (266-6513) ,D�„�,�, D� , �,�,�al,,,,�, A$$I(iNED 2CI7YAITORNEY � CRYCLERK MOST BE ON COUNCII, AGENDA BY (DATE) �� R ROUTING k7HArtpqLSkgVDm t7NANCUCSE2V/nccrG ORDER �/{ /�� 3MAYOR(ORASSI'.) LY TOTAL # OF SIGNA'fURE PAGFS 1 (CLIP ALL LO(:ATTONS FOR SIGNATURE) ACISON REQUESTED: Resolution approving the attached May 1, 2001 thru Apri130, 2004 Maintenance Labor Agreement between the , City of Saint Paul and the International Union of Painters and Allied Trades Dishict Counci182. . RECOMI�NDAITONS: Apprwe (A) w Reject (R) PERSONAL SERV[CE CON'CRACIS MUSf ANSWER 1'IfE FOLLOWING QUESTIONS: ]. Ha5 tlus peaon/5rm cver worked mder a contract for this departmwt'> _PLANNING COMtvIISSION Ya No � _Cffi COMIvIl1TEE 2. Has tWS person/fum ever bem a city employee� E _CIVII,SERVICECOMIvIISSION Yes No {� _ 3 Dces tltis person/fi�m possess a slal! not m�mally possessed by my cu�trnt city employce? a Yes No ', _ 4. Is Nis person/firm a wgered vendo(.� Yu No — Explain all yes aaswers on separate Sheet and attach to gi'een sheet } INII7ATING PROBLEM, ISSUE, OPPORI'l1NITY (Who, Whay Whe�, Where, Why): R � The Maintenance Labor Agreement expired Apri130, 2001. i": n ADVANTAGESIFAPPROVED �-, � There would be a Maintenance Labor Agreement in place through Apri12004. � A DISADVANTAGES IF APPROVED: ? None_ g , �� D[SADVANTqGES IF NOT APPROVED: t�, � No agreement in place - labor unrest. „' TOTAL AMOUNT OF'1'RANSACTION: COST/REVENUE BUDGETED: „ FUNDING SOURCE: ACTNI'I'Y NU�IBER: , FINANCIAL INFORMATION: (EXPLAIN) ot- toT3 ATTACHMENT TO THE GREEN SHEET MAINTENANCE LABOR AGREEMENT WITH THE INTERNATIONAL IJNION OF PAINTERS AND ALLiED TRADES DISTRICT COUNCIL 82 Below is a suminary of the changes in the Maintenance Labor Agreement between the CiTy of Saint Paul and the International Union of Painters & Allied Trades District Counci182. Durafion: May l, 2001 through Apri130, 2004. Wa�es; The City agreed to the prevailing wage rate. New eligibility language was added. Employees who aze dischazged from their employment with the City prior to the signing of the new Agreement aze prohibited from receiving retroactive payments. Effective with the signing of the next collective bargaining agreement, employees who terminate their employment with the City are prohibited from receiving retroactive payments. This language brings the Agreement into line with other Trades Agreements and provides an administrative savings since employees who haue separated employment will not need to be located. Mileage• This unit will no longer use the per diexn/20 cents/mile system and will instead be reimbursed at the current federal IRS mileage reimbursement rate. This change will greatly ease the administration of this program, saving costs and effort by payroll staff. Languaee• Changes to the language were basically of a housekeeping nature for clarification and clean up. G�\Shazed�I,RCOMMON�COIVT'RACTIPAINI'ER�2001\grnshtattachment0l.wpd �� o � _ �0�3 ` 1VIAY 1, 2001 - APRIL 30, 2004 _ MAINTENANCE LABQR AGREEMENT . - between - � . � . , � ��, �_� � � � �_ � � � — � _ � - � , '�'HE=GITY OF SA�TT' FAU�, � _� � � � , �. � - -..and - INTERl�AT�ONAL UNION O"F:FAIN�'ERS . - � � ; � � , r�ND ALI:IED �TR�DES � � �}ISTItICT C4UNCIL 82 - �. _ � `�� _- - � � �, - - � - � II ►117� ARTICLE TITLE PAGE Preamble ................................................. ii 1 Purpose ....................................................1 2 Recognition ................................................1 3 Employer Rights ............................................1 4 Union Rights ...............................................2 5 Scope ofthe Agreement .......................................2 6 Probationary Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 Hoursof Work ..............................................3 8 Overtime ..................................................4 9 CallBack/CallIn ............................................4 10 Work Location ..............................................4 11 Wages .....................................................5 12 Fringe Benefits ..............................................5 13 Selection of Lead Painter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 • 14 Holidays ...................................................6 15 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 16 AbsencesFrom Work ........................................7 17 Seniority ...................................................8 18 Jurisdiction .................................................8 19 Separation .................................................9 20 Tools ....................................................10 21 Grievance Pzocedure ........................................10 22 Rightof Subcontract ........................................12 23 Nondiscrimination ..........................................13 24 Severahility ...............................................13 25 Waiver ...................................................13 26 City Mileage Plan ..........................................14 27 Duration and Pledge .........................................14 AppendixA .............................................. A1 AppendixB .............................................. B1 Appendix .............................................. C1 Appendix D .............................................. D1 • Appendix E (Apprentice Rates) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E1 �� PREAMBLE This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the International Union of Painters and Allied Trades, 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 througJ� effective labor-management cooperation. � The Employer 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 Employer, the Union, and the individual employees will best serve the needs of the general public. � � ARTICLE 1 - PL?RPOSE 1. ] The Emplo� er and the Lnion asree that the purpose for enterina into this Agreement is to: V I.1(1) Achieve orderly and peaceful relations, therebc establishing a system of uninterrupted operations and the highest level of employee performance that is consistent �� ith the safety and well-being of all concemed; 1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been aoreed upon by the Employer and the Union; ].](3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation ofthis Agreement without loss ofproductivity. I.2 The Emplo} er and the Union agree that this Agreement serves as a supplement to ]eaislation that creates and directs the Employer. If any part of this Agreement is in conflict �a�itl� such legislation, the ]atter 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 24 (Se��erabilin'). � ARTICLE 2 - RECOG�'ITION 21 The Employer reco2nizes the Union as the exclusive representative for collective baraainine purposes for al] personnel ha��ine an employment status of regular, probationan . pro� isionai. and temporary employed in the classes defined in Appendia A as certified b� the Bureau of Mediation Services in accordance with Case No. 73-PR-479-.A dated April 17, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, 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 Am� °term or condition of employment" not established by this Agreement sha11 remain ��ith the Employer to eliminate, modify, or estabiish following written notification to the linion. . -I- ARTICLE 4 - UNION RIGHTS 4.1 The Employer shall deduct from the wa�es of employees who authorize such a deduction in �aTitine an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1( i) The Employer shall not deduct dues from the wages of employees covered by this Aereement for any other labor organization. 4.1(2) The linion shall indemnify and save hannless the Employer from an�� and all claims or char�es made against the Employer as a result of the implementation of this Article. 4.2 The Union ma} designate one (I ) employee from the bargaining unit to act as a Steward and shall inform the Employer in w�riting of such desi�nation. Such emplo} ee shall have tl�e rights and responsibilities as designated in Article 21 (Grievance Procedure). 4.3 L'pon notification to a desienated Employer supervisor, the Business Manager of the Union, or his designated representative shall be permitted to enter the facilities of the Emplot er «�here emplo} ees co��ered b,r this Agreement are working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This A�reement establishes the "terms and conditions of employment" defined by� M.S. 179.63, Subd. 18 for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Cicil Sen°ice Rule, Council Ordinance, and Council Resolution. � � ��/1�`1�r :. .. 6. I All personnel. originally hired or rehired following sepazation, in a regulaz employment status shall ser��e a one (1) yeaz probationary period during which time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6. l(I) At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 21 (Grie��ance Procedwe). . -2- � ARTICLE 6 - PROBATIONARY PERIODS (Continued) 6.1(Z j.An emplo� ee terminated during the probationan� period shal] recei� e a�ritten notice of the reason(s) for such ternunation, a cop} of ��hich shall be sent to the L'nion. ARTICLE 7- HOL'RS O�' WORK 7.1 The norma] work da} shall be eight (8) consecutive hours per da}, excluding a thirty (30) minute lunch period bet�een the hours of 6:00 a.m. and 6:00 p.m. 7? Tlie norma] w�ork week shall be five (5) consecutive normal work da}•s Monday throuQh Frida�. � 7.3 If. during the tern� of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monda}� throuQh Frida} . tl�e L'nion agrees to enter into negotiations immediately to establish the conditions of such shifts and%or w'ork weeks. 7.4 This section shall not be construed as. and is not a guazantee of. any hours of work per • normai "ork da} or per normal work week. 7.5 .Ali emplo} ees shall be at the location designated b}° their supervisor, read} 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. 7.6 .All emplo} ees are subject to call-back by the Employer as provided b} Article 9(Call Back%Call In). 7.7 Empio} ees reportin� for «-ork at the established starting time and for whom no work is a. ailable shall receive pay for two (2) hours, at the basic hourl} rate, unless notification has been eiven not to report for work prior to leaving home, or during the previous work da�. . -;- ARTICLE 8 - OVERTIME 8.1 Time on the pa} roll in excess of the normal hours set forth above shall be "overtime «ork" and shall be done onl}' by order of the head of the department. An employee shall be recompensed for ��ork done in excess of the normal hours by being granted compensator}� 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 w-hich such overtime shall be paid shall be determined solel} b}� the Emplo}�er. 8.2 The rate of one and one-half (1.5) the hourly rate shall be the overtime rate for work performed under the followin� circumstances: 8?(1) Time worked in excess of eight (8) hours in any one normal w=ork dati� and; 8.2(2) Time ��orked in excess of forty (40) hours in any work week. The time and one-half overtime rate shall be based on the total rate, including an} premium pay, beins earned durine the overtime hours worked. 83 Forthe purpose of calculating o�ertime compensation overtime hours worked shall not be "p}'ramided". compounded, or paid twice for the same hours worked. ARTICLE 9- CALL BACK/CALL IN 9.1 The Emplo}�er retains the right to call in or call back employees before an employee has started a normal w�ork day or normal ��ork week and after an employee has completed a nonnal ��ork da} or nomial work �ieek. � . 9? Emplo} ees called in or called back shall receive a minimum of four (4) hours straight time pa� at the basic hourl}' rate, or shall be compensated in accorc3ance ��ith Article 8 � ertime w en app ic � . - 9.2(1) I`TOtwithstanding Article 9.1, employees cal]ed in four (4) hours or less prior to their normai cvork day shall complete the normal work day and be compensated only� for the overtime hours worked in accordance with Article 8(Overtime). ARTICLE 10 - WORK LOCATION 10.1 Emplo� ees shall report to work location as assigned by a designated Employer supervisor. Durins the normal work day employees may be assigned to other work locations at the discretion of the Employer. n LJ -4- � ARTICLE ll - VVAGES 1 l.1 The basic hourh �aQe rates as established by Appendix C shall be paid for all hours ��orked b� an emplo}'ee. I�TO retroacti��e payment shall be made to an} emplo} ee ��,ho has been dischareed prior to signing of the new Agreement. Effecti��e April 30, 2004, no retroacti��e pa} shall be made to any employee ��ho has terminated his,�her emplo��ment prior to the signing of the ne� Agreement. This Article 111 shall not apply to temporary employees who are laid offprior to the signing of a ne� Agreement. 11? Regular. provisional and temporary employees shall be compensated in accordance with Artide l l.l (WaQes) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 12 (Fzinge Benefits). 113 Emplo} ees co�'ered b} this agreement are not eligib]e to participate in the Public E��plo} ee Retirement Association (PERA) plan except for those emplo}�ees hired prior to '�Sa� 1. 200] �n�ho elected to remain under the PERA plan pursuant to Section 3�3.01 subd. 2b(19) ofthe Minnesota Statutes. � ARTICLE 12 - FRINGE BENEFITS I?.I The Emplo}'er shall make contributions on behalf of and/or make deductions from the �� a�es of emplo} ees covered b} this A�reement in accordance with Appendix D for all hours ��orked. ARTICLE 13 - SELECTION OF LEAD PAINTER 13.1 The selection of personnel for the class of Lead Painter shall remain solely with the Emplo} er. ] 3? Tl�e class of Lead Painter shall be filled by emplo�ees of the bargaining unit on a °temporar}• assienment". 13.3 All "temparary� assignments" shall be made only at the direction of a designated Employer supervisor. � -�- ARTICLE 14 - HOLIDAYS 14.1 The followine ten (10) days shall be designated as holida}�s: Ne�n Year's Day, January 1 AQartin Luther King Da}', Third Monday in January Presidents' Day, Third Monda}' in February n4emorial Day-. last Monda}' in May Independence Day,July 4 Labor Day, &rst Monday in September Da� after Thanksgiving. fourth Friday in November Veterans' Day, November T 1 Thanksgivina Da}. fourth Thursday in I�TOVember Christmas Da�•. December 25 14? �� hen Ne�� Year's Da} . Independence Day or Christmas Da}� falls on a Sunday. the follo��ine :��londa} shall be considerzd the desi�nated holida}�. When an� of these three (� ) holida} s falls on a Saturda}�. the preceding Friday shall be considered the designated holida� . 14.: 7he ten (10) holida� s shall be considered non-work days. 14.4 If in d1e judgment of the Employer personnel are necessary for operatin� or emergency reasons_ emplo}'ees may be scheduled or "called in or called back" in accordance with Article 9 (Call Back%Call In). 14.� Emplo}�ees assi�ned to work on Martin Luther Kin� Da}, Presidents' Day, Day after Thanl�sgi�ing or Veterans' Da; shall be compensated on a suaight time basis for such hours w�orked. 14.6 Emplo} ees assigned to work on 1�'ew Year s Day, Memorial Day, Independence Day. Labor Da} . Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2 ) times the basic hourl}� rate for such hours worked. � �� ARTTCLE 15 - DISCIPLI'�ARY PROCEDURES i�.1 The Emplo� er shall ha� e the riaht to impose disciplinarc actions on emplo}�ees for just cause. 1�? Disciplinar} actions by the Employer shall include only the following actions: 1�?(1)Oral reprimand. 15.2(2) V�'ritten reprimand. 1�.2(3)Suspznsion. I �.?(-�)Demotion. 15 2(5) Dischar�e. 1�.3 Emplo} ees �ho are suspended, demoted, or discharged shall have the right to request that such actions be reeiewed by the Civil Service Commission or a designated Board of Re� ie��,. The Civil Service Commission, or a designated Board of Review, shall be the sole and exc]usive 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 pirocessing throuah the provisions of Article 21 (Grievance Procedure). � ARTICLE 16 - ABSENCES FROM WORK 16.1 Emplo} ees ��ho are unable to report for their normal work day have the responsibilit}� to notif� their super��isor of such absence as soon as possible, but in no event later than the be�innin� of such work dav. 16? Fai]ure to make such notificarion may be grounds for discipline as provided in Article 15 (Disciplinar} Procedures). 163 Failure to report for work ��ithout notification for three (3) consecutive normal work days ma} be considered by the Employer to be a"quit" on the part of the employee. � i� ARTICLE 17 - SENIORITY 17.1 Seniorit� . for the purposes of this Agreement, shall be defined as follo�� s: 17.1(1) "Master Seniority" - The len�th of continuous regulaz and probationar}� service wifli the Employer from the last date of emplo}ment in any and all class titles covered hy this Agreement. 17.1(2) "Class Seniority" - The length of continuous regular and probationazy service w�th the Employer from the date an employee was first appointed to a class tide covered by this Agreemeni. l7? Seniorit� shall not accumulate during an unpaid leave of absence, except when such a lea� e is granted for a period of less than thir[y (30) calendar davs; is granted because of iliness or injur} : is granted to allow an employee to accept an appointment to the unclassified sen ice of the Emplo}�er or to an elected or appoirned full-time position w�ith the Cnion. 173 Seniorit� shall terniinate when an emplo}°ee retires, resigns, or is dischareed. � 17.-� In the e� ent it is determined by the Employer that it is necessary to reduce the work force, emplo� ees «'ill be laid off by class title ��-ithin each Department based on im�erse len�th . of "Class Seniorit}". Employees laid off shall have the right to reinstatement in their Department to an}� pre� iousl�� held lo�m�er paid class title in this bazgaining unit, procided such en�plo� ee has greater "Class Seniority" Yhan the employee beine replaced. 17S The seleccion of � acation periods shall be made by ctass titie based on ten=th of "Class Seniorit} ". subject to the appro� al of the Emplo}'er. ��s.:• r..,....�.:,..� 3-_�:..�:!---- - ,. 18.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject to determination b}� the various unions representing emptoyees ofthe Emplo}•er. l 8? The Employer agrees to be guided in the assignment of work jurisdiction by any mutual a�reements bet�reen the unions involced. � � � ARTICLE 18 - JIiRISDICTION (Continued) 18.= In the e� ent of a dispute concernine the performance or assi�nment of v.ork, the unions in� ol� zd and the Employer shall meet as soon as mutuall} possible to resoloe the dispute. tiothins in the foregoinQ shall restrict the right of the Emplo�er to accomplish the work as originall�' assiened pendin� resolution of the dispute or to restrict the Employer's basic ri�ht to assiQn work. 18.4 An} emplo} ee refusina to perform work assi�ned by the Emplo}'er and as clarified b}� Sections 182 and 18.3 above shall be subject to disciplinar;' action as pro��ided in Article ] � (Disciplinar} Procedures). ] 8.� There shai] be no ��ork stoppa�e. slo�� do��n. or an} disruption of «�ork resulting from a ��ork assi�nment. ARTICLE 19 - SEPARATION 19.1 Emplo}'ees 11a�°ins a probationar}� or regular employment status shall be considered separated from emplo} ment based on the follo��ing actions: � 19.1(1)Resignation. Employees resigning from employment shall give ��ritten notice fourteen (14) calendar days prior to the effective date ofthe resienation. 19.1(2)Discharge. As provided in Article 1�. 14.1(_ )Failure to Report for Dutt . As provided in Article 16. 19? Emplo}'ees having temporary or provisional emplovment status ma}� be ternzinated at the discretion of the Employer before the completion of a normal work day. � -9- ARTICLE 20 - TOOLS 20. ] All emplo�-ees shall personail}� pro��ide themselves «rith the tools of the trade as listed in Appendix B. ARTICLE 21 - GWEVANCE PROCEDURE 22.1 The Emplo}er shat] recognize the Steward selected in accordance with Union rules and re�ulations as the arie��ance representative of the bargaining unit. Tl�e Union shall notify the Emplo} er in «Titins ofthe name of the Steward and of his/her successor when so named. y � 21.2 It is reco�nized and accepted by the Employer and the Union that the processing of erie� ances as hereinafter provided is limited by� the job duties and responsibilities of the emplo� ees and shaIl Therefore be accomplished during working hours only when consistent �;ith such employee duties and responsibilities. The Stew'ard involved and a Urie� ing employee shall suffer no loss in pay when a grievance is processed during «orkins hours. pro<<ided the Stewazd and the employee have notified and received the appro� al of their supervisor to be absent to process a�rievance and that such absence �i ould not be detrimental to the work programs of the Employer. 21.3 The procedure established by this Article shall be the sole and exclusive procedure, � except for the appeal of disciplinary action as provided by Article ] 53, for the processing of grie� ances. r�hich are defined as an alleged violation of the terms and condiYions of this 9ereeinent. 21.� Grie� ances shall be resoh�ed in conformance w�ith the followino procedure: Step I. Cpon the occunence of an alleged eiolation of this Agreement, the employee a'i:c+�fa3F-f'3�'i@'sFi-?di.}3�9R� �2Sic � -iih j.hs emplo}�ee's supervisor. If the matter is not resolved to the employee's satisfacUon b} the informal discussion it may be reduced to writing and referred to Step Z by the Union. The written grievance shall set forth the natvre of ihe grie��ance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alteged violation of the Agreement not reduced to writing b}° the Union within seven (7) calendar days of the first occurrence of the event gi��ing rise to the grievance or within the use of reasonable diligence should ha� e had knowledge of the first occurrence of the event giving rise to the grie� ance. shall be considered waived. � -]0- � ARTICLE 21 - GRIE�'ANCE PROCEDURE (Continued) Step ?. �'�'ithin se� en (7) calendar days after recei�'ing the ��7itten arie��ance a desianated Emplo}er supervisor shall meet v,ith the Union Steward and attempt to resolve the sriecance. If, as a result of this meetin2, the griecance remains unresolved, the Emplover shall reply in writing to the Union within three (3) calendar days follo�•in� this meeting. The Union ma}' refer the grievance in ��-riting to Step 3 �i ithin se�-en (7) calendar da��s folloc�-ing receipt of the Employer's written ans«�er. An}' erie�°ance not refened in writing by the Union within se�'en (7) calendaz days follo�a ing receipt of the Employer's answer shall be considered waived. Step 3. � ithin seven (7) calendar day�s following receipt of a grievance referred from 5tep 2 a designated Emplo}�er supervisor shall meet wath the Union Business Manaa_er or his designated representati��e and attempt to resolce the grievance. Within seven (7) calendar days followin= this meeting the Employer shall reply in «�riting to the Union statin= tbe Emplo;�er's answer concerning the grievance. If as a result of the «�ritten response the grievance remains unresolved. the Union ma}' refer tl�e grievance to Step 4. Any grievance not referred to in �r�riting b; the L nion to Step 4��ithin seven (7) calendar da}°s followin� receipt of the Empioyer's ans��er sha]] be considered waived. • Step 4. If the grie� remains unresolved, the Union may within seven (7) calendar da} s after the response of the Employer in Step 3, by written notice to the Emplo} er, request arbitration of the griecance. 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 gi��en. If the panies fail to mutually agree upon an azbitrator within the said seven (7) day period, either part} ma} request the Bureau of Mediation Ser��ices to submit a panel of five (�) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the paneL The linion shall strike the first (Ist) name; the Employer shall then strike one (I) name. The process will be repeated and the remaining person shall be the azbitrator. � -I1- ARTICLE 21 - GI2IEVAI��CE PROCEDURE (Continued) � 21.� The arbitrator shall have no right to amend, modif}°, nullify, ignore, add to, or subtract from the pro��isions of this Agreement. The azbitrator shalI consider and decide onl}� the specific issue submitted in wrifing by the Employer and the Union and shall have no authorit� to make a decision on an�• other issue not so submitted. The arbitrator shalI be ��thout po� er to make decisions contrary to or inconsistent with or modifying or varyin� in an� way tbe appIication of la� s, rules or regulations having the force and effec2 of law. The arbitrator's decision shalI be submitted in writing within thiriy (30) da}�s follo��ing close of the hearing or the submission of briefs by the parties, w�hichever be later, unless the parties a2ree to an extension. The decision shall be based solely on the azbitrator's interpretation or application of the express terms of this Agreement and to the facts of the erie� ance presented. The decision of the azbitrator shall be final and bindine on the Emplo} er. the Union and the employees. 21.6 The fees and expenses for the arbitrator s services and proceedings shall be bome equall}' b} the Emplo}�er and the L'nion, provided that each party shall be responsible for compensating its o��n representati��e and �•itnesses. If either party cancels an azbitration heazin� or asks for a last minute postponement that leads to the arbitrators makin� a charse. the canceling party or the party asking for the postponement shall pa}• this charae. If either part�� desires a verbatim record of the proceedin�s. it ma} cause such a record to � be made providin� it pays for the record. 21.7 The time limits in each step of this procedure ma}� be extended b}� mutual aereement of the Emplo} er and the Union. ARTICLE 22 - WGHT OF SUBCONTRACT * tract out work done b} the emplovees 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 shalt =i� e the Union a ninety (90) calendar day notice of the intention to sub-contract. 22? The sub-contractine of work done by the emplayees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. -12- � � ARTICLE 23 - NONDISCRIMINATION 23.1 The temis and conditions of this Agreement �ill be applied to emplo} ees equall} � ithout reRard to_ or discrimination for or against, an} indi� idual because of race. color creed. sex. aee. disabilit} or because of inembership or nonmembership in the linion. 23? Emplo} ees �� ill perform their duties and responsibilities in a non-discriminaton' manner as such duties and responsibilities in��olve other emplo} ees and the eeneral public. ARTICLE 24 - SEVERABILITY 24.1 In the e�ent that an}� provision(s) ofthis Agreement is declared to be contrar} to la�n� b}• proper le�islati�•e. administrati��e. or judicial authority from ��hose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other pro� isions shal] continue in full force and effect. 24? The parties aeree to, upon ��ritten notice, enter into negotiations to place tl�e voided pro� isions of the A�reement in compliance with the legislative, administrative, or judicial determination. � ARTICLE 25 - WAIVER 25.1 The Emplo}�er and the Union ackno«'ledge that during the meeting and negotiating «hich resulted in this Agreement, each had the right and opportunity to make proposals with respect to an} subject concerning the terms and conditions of employment. The a�reements and understandines reached by the parties after the exercise of this right are fulh and completel} set forth in this Aereemeni. 2�.2 Therefore. the Employer and the Union far the duration of this Aereement a�ree that the other partti' 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 Employ'er may, however, mutually agree to modify any provision of this Agreement. 253 An} and all prior ordinances, agreements, resolutions, practices, policies, and nzles or regulations re�arding the terms and conditions of employment, to the extent they aze inconsistent with this Agreement, aze hereb}� superseded. • -13- ARTICLE 26 - CITY MILEAGE 26.1 Automobile Reimbursement Authorized: Chapter 33 of the 5aint Paul Administrati� e code s1�a12 be superceded for members of this bargaining unit b}� this article. 26.2 Method of Computation: To be eligible for such reimbursement, ati officers and employ ees must receive written authorization from the Department Head. �'hen an employee is required to use his/her personal automobile to conduct authorized Cit� business, the City shall reimburse the empioyee at the then current Federal I.R.S. mileage reimbursement rate on the most direct route. 263 'Fhe Cit} will provide parkin� at the Civic Center Parking Ramp for City empioyees on the abo� e mentioned reimbursement plan who aze required to haee their personal car a� ailable for Cit} business. Such pazkine wzll be provided only for the days the emplo� ee is required to have his or her own personal car a��ailable. ARTICLE 27 - DURATION AND PLEDGE � 27.1 Eacept as herein pro� ided, this Agreement shall be effective as of the date it is executed � b} the parcies and shall continue in full force and effect through Apri130, 2004 and . thereafter until modified or amended by mutual agreement of the parties. If either part}- desires to terminate or modify this Aereement, effective as of the date of expiration, the part} uishin� to modify or terminate the Agreement shal] give written notice to the other pam. not more than ninety (90) or less than sixty (60) calendaz da}�s prior to the expiration date. provided, that the Agreement may- onl} be so terminated or modified effecti� e as of the expiration date. n e terms and condiuons of e loyment established by this Agreement and the recognition that the Grievance Procedure herein estab is e is e means b}' w'hich grievances conceming its application or interpretation map be peacefully resolced, the parcies hereby ptedge that during the term of the Agreement: C , J -14- � ARTICLE 27 - DURATION AND PLEDGE (Continued) 272(1)The Union and the employees will not engage in, instigate, or condone any concerted action in which empioyees fail to report for duty, willfully absent themselves from work, stop work, slow down their wark, or absent themselves in wbole or part from the full, faithfixl performance of their duties of employment. 27.2(2) The Employer will not engage in, instigate, or condone any lock-out of employees. 27.2(3) Tlus constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City, the City Council and is also subject to ratification by the Union. AGREED to this � day of �Ci 2001 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 Employer and the Umon: * WITNESS S: ason Sc dt Labor Relarions Specialist Je e Bu i s Representative a erine Megany Labor Relations Director � -15- � APPENDIX A The classes of positions recognized by the Employer as being exclusive]y represented by the linion aze as follows: Lead Painter Painter Apprentice and other classes of positions that may be established by the Employer where the duties and responsibilities assigned aze determined by the Bureau of Mediation Services to be appropriately represented by this bazgaining unit. � i -Al- � APPENDIX B � Duster Wall Scrapers Puttv Knife Broad Knife Hauimer Screw Drivers i -8�- APPENDIX C � e basic hourly �'a�e rate for regulaz employees appointed to the following classes who participate in PERA il be: Painter Lead Painter Effective Effective 5/5/O1 1/1/02 (Orclosestpayperiod) $23.77 $23.69 $24.72 $24.64 Effective 5/1/02 (Or closest payperiod) Effective 5/1/03 (Or clo5est payperiod) *� * �: The basic hourly wage rate for temporary, regular and probationary employees appointed to the following classes who are not participating in PERA shall be: Painter n U Lead Painter Effective Effective 5/5/O1 5/1/02 (Or c]osestpayperiod) $25.�� * $26.00 * Effective �/1/03 (Or closest payperiod) ** *=x * Effective 5/1/02 (ar closest payperiod) an additional $1.85 per hour increase will be added to the total package. The parties will agree prior to that date as to the distribution of the increase between wages and fringes. This amount will be decreased by any increase in the Industry Promotion Fund. **Effective 5/1/0� (or closest payperiod) an additional $1.80 per hour increase will be added to the total package. The parties will agree prior to that date as to the distribution of the increase between wages and fringes. This amount will be decreased by any increase in the Industry Promotion Fund. In the event that the Union elects to have the fringe benefit contributions made by the Employer increased during the contract period, the basic hourly wage rates shall be reduced by the amount of such increase. When performing the following types of work, the rate of pay shall be seventy-five cents ($.75) per hour over the basic hourly wage rate for any class covered by this Agreement: Sandblasting, swing-stage work, erected structural steel skeleton work, all bridge wark, all exterior work where safety belt or window jacks aze used, spray painting, for application of materials over 50% creosote, and for application of all tv✓o component epoxy materials. r1 U -C1 - APPENDIX C (Continued) � Employer a�rees to pay $30.00 toward the cost of a pair of safet;% shoes purchased by an employee who is a ber of this unit. The Employer shall contrabute towazd the cost of one pair of shoes per contract year and shall not be responsible for any additional cost for any additional shoes thereafter. The reimbursement of $30.00 shall be made only after investigation and approcal by the immediate supervisor of that employee. This $30.00 Employer contribution shall apply only to those employees who aze required b}� the Employer to wear protective shoes. C� • -C2- APPENDIX D �ective May 5, 2001 the Employer shall: (1) contribute to a designated Health and Welfare/Dental Fund $3.15 per hour for all hours worked by employees covered by this Aa eement. (2) contribute to a Pension Fu»d $5.35 per hour for all hours worked by employees covered by this Agreement. (3) deduct $1.�0 per hour from which payroll deductions have been made for all hours worked by employees covered by this Agreement, to a Vacation Fund. (4) conh to an Apprenticeship Training Fund $.28 per hour for all hours worked by employees covered by this Agreement. The EMPLOYER shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Employees covered by this Agreement shall not be governed by nor be eligible for, the accumulation of vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or may be established by Civil Service Rules, Council Ordinance or Council Resolution. a e Employer's fringe benefit obligation to employees is limited to the contributions and/or deductions established by this Agreement. 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