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01-1154QR��l��L Presented by Referted To Committee Date RESOLUTION ClTY OF SAINT PAUL, MINNESOTA Council File # � �� l\51.., Green Sheet #_106856_ 13 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 Employment Agreements betcveen the Independent School District No. 625 and the following: Bricklayers and Allied Cra$sworkers Local Union No. 1 of Minnesota; International Union of Painters and Allied Trades District Council 82; Lakes and Plains Regional Council of Carpenters and Joiners; Mlnnesota Cement Masons, Plasterers and Shophands Loca1 633 and Operative Plasterers Local Union No. 265 to Establish Terms and Conditions of Employment for 2001-2004. Yeas Na s Absent Benanav �,/ Blakey ,/ Bostrom � colaman �. Harris � Lanhy � Reiter ,/ O p Adopted by Council: Date ��_l�j �.oa L Adoption Certified by Council Secretary I: , _ � • �. � -. . . � „�+� J� :,- �: � v /y / t�7%i %�� ' "� � � Requested by Depaz oE Office of Labor Relations By: Form Approvs by Ci � ney By: � t`� t� 6l Approved by Mayor for Submission to Council J BY� ��L � DEp��o�c�cot„vcn,: DA� ��p GREEN SHEET No.• 106856 0 � LABOR RELATIONS October 19, 2001 ' CONTACT PERSON & PHONE: p p7E �ry� JULIE KRAUS 266-6513 pS,qIGN I DEPARTMENT DIR. ' 4 CITY COUNCIL NUMBEg 2 CI7Y ATTORNEY CITY CLERK ��1iJST BE ON COUNCII, AGENDA BY (DATE) F�R BUDGET DIR � FIN. & MGT. SERVICE DIR ROUITNG 3 MAYOR (OA ASST.) ORDER TOTAL # OF SIGNATfJRE PAGES I (CLIP ALL LQCATIONS FQR SIGNATURE) ncnox �QUSSren: T1ris resolution approves the attached Employment Agreements between the Independent School District No. 625 and the followiug: Bricklayers and Allied Craftsworkers Local Union No. 1 of Minnesota; International Union of Painters and Allied Trades District Counci182; Lakes and Plains Regional Council of Carpenters and Joiners; Minnesota Cement Masons, Plasterers and Shophands Local 633 and Operative Plasterers Locai Union No. 265 to Establish Terms and Cond'ations of Employment for 2001-2004. RECOMMETJDAI'IONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER TFIE FOLLOWIlVG QUESTIONS: _PLANNING COMMISSION _CIVIL SERVICE COMMISSION l. Has this persoNfitm ever worked under a contract for th�s departrnenC? CIB COMM[TTEE Yes No STAFF 2. Haz this persoNfinn ever been a dty employee� _DIS1R[CT COURT yes No � SUPPORTS WHICH COiJNCIL OBJECTIVE� 3 Does th�s person/firm possus askiil not normally possessed by any current ciry employee? Yes No Explain alI yes answers on sepaYate sheet and attach to green sheet - 1MTIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why)� �"` � J � These aze Independent School District No. 625 contracts. � Pc�a�e��''l i'��&�� d�� z= ADVANTAGESIFAPYROVED' DISADVANTAGESiFAPPROVED: DISADVAN7'AGES IF NOT APPROVED: TOTAL AMO[JNT OF TRANSACTION: COST/REVEVUE BUDGETED: FUNDING SOURCE: ACTNITY NUMBER FINANCIAL INFORNWTION: (EXPLAIN) - ✓ oi��isy �+ ti;:lj if: �Th I 1:.. e� s: i s 1 a i a� t+ r t� Negotiations/Labor Relations Office Phone: 651 767-8228 Pax: 651 665-0269 MEMORANDUM T0: Julie Kraus City - Office of Labor Relations FROM: Wayne Arndt �� Negotiationsllabor Relations Manager DATE: October 12, 2001 SUBJECT: Labor Agreements for Independent School District No. 625 Enciosed are three copies of each of the folfowing labor agreements and a copy of the Board of EduCation approved agenda request for each bargaining unit: Srickiayers and Aliied Csaftworkers Locaf No. 1 of Minnesota international Union of Paintess and Allied Trades District Council 82 lakes and Plains Regional Council of Carpenters and Joiners Minnesota Cement Masons, Plasterers and Shopha�ds, Local 633 Operative Plasterers Loca( No. 265 /po Enclosures INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS ��'��'� DATE: July 24, 2001 TOPIC: Approval of an Employment Agreement with Bricklayers and Allied Craftsworkers Local Union No. 1 of Minnesota, to Establish Terms and Conditions of Employment for 2001-2004 A. PERTINENT FACTS: 1. New Agreement is for the three-year period May 1, 2001 through April 30, 2004. 2. Contract changes are as follows: Waqes: Wage and benefit changes reflect prevailing wage for the industry. The third year will be a reopener for wages oniy. New Title: The title of General Lead Bricklayer is created at $1.00 per hour over the rate of Lead Bricklayer. 3. The remaining language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has one regular F.T.E. in this bargaining unit. 5. The maintenance of buildings promotes a quality learning environment that supports the teaching target of preparing all students for life. 6. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager; Wayne Arndt, Negotiations/Labor Relations Manager; Richard Kreyer, Executive Director of Human Resources and Labor Relations; Patrick Quinn, Executive Director of School Services; and Lois Rockney, Executive Director of Business and Financial Affairs. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom Bricklayers and Allied Craftsworkers Local Union No. 1 of Minnesota is the exclusive representative; duration of said Agreement is for the period of May 1, 2001 through April 30, 2004. INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION p� _ 1t5 y SAINT PAUL PUBLIC SCHOOLS DATE: August 28, 2001 TOPIC: Approval of an Employment Agreement with Internationai Union of Painters and Aflied Trades District Council 82, to Establish Terms and Conditions of Employment for 2d01-2004 A. PERTINENT FACTS: 1. New Agreement is for the three-year period May 1, 2001 through April 30, 2004. 2. Contract changes are as foilows: Waaes: Wage and benefit changes reflect prevaiiing wage for the industry. The third year will be a reopener for wages only. Hofidavs: Changed holiday language to provide uniformity with other district contracts. 3. The remaining language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has nine regular F.T.E. in this bargaining unit. 5. The maintenance of buildings promotes a quality learning environment that supports the teaching target of preparing all students for life. 6. This request is submitted by Sue Gutbrod, NegotiationsJLabor Relations Assistant Manager; Wayne Arndt, NegotiationsJLabor Relations Manager; Richard Kreyer, Executive Director ot Human Resources and Labor Relations; Patrick Quinn, Executive Director of School Services; and Lois Rockney, Executive Director of Business and Financial Affairs. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this schooi district for whom International Union of Painters and Allied Trades District Councif 82 is the exclusive representative; duration ot said Agreement is for the period of May 1, 2001 through April 30, 2004. INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS O►-«Sy DATE: June 26, 2001 TOPIC: Approval of an Employment Agreement With Lakes and Plains Regional Council of Carpenters and Joiners, to Establish Terms and Conditions of Employment for 2001-2004 A. PERTINENT FACTS: 1. P1ew Agreement is for ihe three-year period May 1, 200i through April 30, 2004. 2. Contract changes are as follows: Waaes: Wage and benefit changes reflect prevailing wage for the industry. The third year will be a reopener for wages only Benefits: Regular employees will be provided long-term disability coverage under the districYs group plan. The base hourly rate of pay will be reduced to cover the cost of this benefit. 3. The remaining language provisions of the previous contract remain essentialfy unchanged, except for necessary changes to dates and outdated references. 4. The District has twelve regular F.T.E. in this bargaining unit. 5. The maintenance of buildings promotes a quality learning environment that supports the teaching target oS preparing all students for life. 6. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager; Wayne Amdt, Negotiations{Labor Relations Manager; Richard Kreyer, Executive Director oi Human Resources and Labor Relations; Patrick Quinn, Executive Director of School Services; and Lois Rockney, Executive Director of Business and Financial Affairs. B. RECOMMENDATION: That the Board of Education of Independent Schooi District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom Lakes and Plains Regional Council of Carpenters and Joiners is the exclusive representative; duration of said Agreement is fior the period of May 1, 2001 through Apri1 30, 2004. INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION 0� _t�S�l SAINT PAUL PUBLIC SCHOOLS DATE: July 24, 2001 TOPIC: Approval of an Employment Agreement with Minnesota Cement Masons, Plasterers and Shophands Local 633, to Establish Terms and Conditions of Employment for 2001-2004 A. PERTINENT FACTS: 1. New Agreement is for the three-year period May 1, 2001 through April 30, 2004. 2. Contract changes are as follows: Wa°es: Wage and benefit changes reflect the prevailing wage for the industry. The third year will be a reopener for wages only, 3. The remaining language provision of the previous contract remains essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has one employee in this bargaining unit. 5. The maintenance ot buildings promotes a quality learning environment that supports the teaching targei of preparing all students for life. 6. This request is submitted by Sue Gutbrod, NegotiationslLabor Relations Assistant Manager; Wayne Arndt, Negotiations/Labor Relations Manager, Richard Kreyer, Executive Director of Human Resources and Labor Reiations; Patrick Quinn, Executive Director of School Services; and Lois Rockney, Executive Director of Business and Financiaf Affairs. B. RECOMMENDATION: That the Board of Education of independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions ot employment of those employees in this schoof district for whom Minnesota Cement Masons, Plasterers and Shophands Local 633 is the exclusive representative; duration of said Agreement is for the period of May 1, 2001 through April 30, 2004. INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION SAINT PAItL PUBLIC SCHOOLS d �-��y DATE: August 28, 2001 TOPIC: Approval of an Employment Agreement With Operative Plasterers Local Union No. 265, to Establish Terms and Conditions of Employment for 2001-2004 A. PERTINENT FACTS: 1. New Agreement is for the three-year period June 1, 2001 through May 31, 2004. 2. Contract changes are as follows: Waaes: Wage and benefit changes reflect prevailing wage for the industry. The third year will be a reopener for wages onfy. F-folidavs: Changed holiday language to provide uniformity with other district contracts. 3. The remaining language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has two regular F.T.E. in this bargaining unit. 5. The maintenance of buildings promotes a quality learning environment that supports the teaching target of preparing all students for life. 6. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager; Wayne Arndt, Negotiations/Labor Relations Manager; Richard Kreyer, Executive Director of Human Resources and Labor Relations; Patrick Quinn, Executive Director of School Services; and Lois Rockney, Executive Director of Business and Financial Affairs. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of empfoyment of those employees in this school district for whom Operative Plasterers Local Union No. 265 is the exclusive representative; duration oi said Agreement is for the period oS June 1, 2001 through May 31, 2004. • � � • ARTICLE Article Article AAicle Article Article Article Article Article Article Article Article Artide Article Article Article Article Article Article Article ArtiCle Article Article Article Article Article Article Article Article Article 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. TABLE OF CONTENTS TiTLE PAGE Preamble................................................................................................................ iv Pu rpos e .................................................................................................................. 1 Recognition............................................................................................................1 EmployerRights .....................................................................................................1 UnionRights ...........................................................................................................2 Scope of the Agreement ...................................................:.................................... 2 ProbationaryPeriods .............................................................................................. 3 Philosophy of Employment And Compensation ..................................................... 3 Hoursof Work ........................................................................................................ 4 Overtime................................................................................................................ 5 CallBack ................................................................................................................ 5 WorkLocation ........................................................................................................ 6 Wages .................................................................................................................... 6 FringeBenefits ....................................................................................................... 6 Selection of Lead Plasterer and General Lead Plasterer ....................................... 7 Holidays................................................................................................................. 7 DisciplinaryProcedures ...._ ............................_........_......._.................................. 8 AbsencesFrom Work ............................................................................................8 Seniority................................................................................................................. 9 Ju risdiction ........................................................................................................... 10 Separatio ............................................................................................................ 10 Tools....................................................................................................................10 Grievance Procedure ........................................................................................... �1 Right Subcontract ............................................................................................ 13 Non-Disc ri m ination ............................................................................................... 13 Severabi ........................................................................................................... 13 Waiver ..................................................................................................................14 M ileage .................................................................................................................14 CourtDuty Leave ................................................................................................. 14 Quration Pledge ............................................................................................ 15 AppendixA ........................................................................................................... 17 AppendixB ...........................................................................................................17 AppendixC ......................................................................................................18-19 AppendixD ...........................................................................................................20 � PREAMBLE This Agreement is entered into beriveen Independent School District No. 625, hereinafter referred to as the Empioyer, and the Operative Plasterers and Cement Masons International Association Local 265, hereinafter referred to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibility of the Independent School District No. 625 for the benefit of the general public through effective labor-management cooperation. The Employer and the Union both reatize that this goal depends not only on the words in the Agreement but rather primarily on attitudes between people at all Ievels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general public. � � �J iv • ARTICLE 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1.'I Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee pertormance that is consistent with the safety and well-being of all concerned; 1.1.2 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; 1.1.3 Establish procedures to orderly a�d peacefiully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to fegislation that creates and directs the Employer. If any part of this Agreement is in conflict with such fegislation, the latter shafl prevail. The parties, on written notice, agree to negotiate that part in conifict so that it conforms to the statute as provided by Artic{e 25 (Severability), ARTIGLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for collective trargaining purposes for all personnel having an employment status of regular, � probationary, and temporary employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 90-PCL-3134 dated January 26, 1990. 2,2 The cfasses of positions recognized as being exclusively represented by the Union are as listed m Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage ali manpower, facilities, and equ�pmern: to establish functions and programs; to set and amend budgets; to determine the utdizat�on of technology; to establish and modify the organizational structure, to select, direct, and determine the number of personnel; and to perform any inherent managerial funct�on �ot specifically limited by this Agreement. 3.2 Any `term or condition of employmenY' not established by this Agreement shall remain with the Emptoyer to efiminate, modify or establish following written notification to the Union. • ARTICLE 4. UNION RlGHTS 4.1 The Employer shall deduct trom ihe wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by Yhe Union. 4.1.1 4.12 The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. The Union shall indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of this ARicle. 4.2 The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shall have the rights and respo�sibilities as designated in Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Employer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the `Yerms and conditions of employmenY' defined by Minnesota Statute § 179A.30, Subdivision 19, for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of empfoyment" established by Civil Service Rule, Council Ordinance, and Council Resolution, i � � 2 � � ARTICLE 6. PROBATIONARY PERIODS 6.i All personnel, originally hired or rehired following separation, in a regular emp{oyment status shall serve a six (6)-month probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.1.1 6.12 At any time d�ring the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions ot Article 22 (Grievance Procedure). An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termi�atio�, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher class of positions shalf serve a six (6) month promotional pro6ationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.2.1 At any time during the promotional probationary period an employee may be demoted to the employee's previously-held class of positions at the discretion of the Empfoyer wiihout appeal to the provisions of Article 22 (Grievance ProcedureJ. 62.2 An employee demoted during the promotional probationary period shall be returned to the employee's previously-held class of positions and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 7.2 7.3 The Employer and the Union are in full agreement that the philosophy of employment and compensation shall be a"cash" hourly wage and °industry' fringe benefit system. The Employer shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Article 12 (Wages) and Article 13 (Fringe Benefits). No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this Agreement. � ARTtCLE 8. HOURS OF WORK � 8.1 The normai workday shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 82 The normal work week shall be five (5) consecutive normal workdays Monday through Friday. 8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees fo enter into negotiations immediately to establish ihe conditions of such shifts and/or work weeks. 8.4 This Section shall not be construed as, and is not a guaranfee of, any hours of work per normal workday or per normal work week. 8.5 AI( employees shall be at the location designated by their supervisor, ready for work, at the established starti�g time and shall remain at an assigned work (ocation unfil fhe end of the estabiished workday unless otherwise directed by their supervisor. 8.6 All employees are subject to call back by the Employer as provided hy Article 10 (CaII Back). 8.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous workday. � r 4 � ARTICLE 9. OVERTIME 9.1 All overtime compensated for by the Empioyer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime c�aim will not be honored, even though shown on the t+me card, unless the required advance approval has been obtained. 92 The overtime rate of one and one-half (1-1/2) the basic houriy rate shall be paid tor work pertormed under the following circumstances: 9.2.1 Time worked in excess of eight (8) hours in any one normal workday; and 9.2.2 Time worked on a si�cth (6th) day following a normal work week. 9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work pertormed under the foflowing circumstances: 9.3.1 Time worked on a holiday as defined in Article 15 (Holidays); 9.3.2 Time worked on a seventh (7th) day following the normal work week; and 9.3.3 Time worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour period, provided that all "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (1-1/2). 9.4 For the purposes of calculating overtime compensation, overtime hours worked shall not be "pyramided," compounded or paid twice for the same hours worked. � 9.5 Overtime hours worked as provided by this ARicle shall be paid in cash or in compensatory time at the option of the Employer. ARTICLE 10. CALL BACK 10.1 The Employer retains the right to call back empioyees before an empfoyee has started a normai workday or normal work week and after an empioyee has completed a normal workday or normal work week. 102 Employees called back shall receive a minimum of four (4) hours of pay at the basic hourly rate. 10.3 The hours worked based on a call back shall be compensated in accordance with Article 9(Overtime), when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normai workday shall complete the normal workday and be compensated only for the overtime hours worked in accordance with Article 9 (Overtime). • 5 ARTICLE 11. WORK LOCATION 11.1 Employees shall report to work focation as assigned by a designated Employer supervisor. During the normal workday, employees may be assigned to other work locations at the discretion of the Empioyer. 112 Employees assigned to work locations during the normal workday other than their original assignment, and who are required to fumish their own transportation, shall be compensated tor mileage, as set forth in Article 27 (Mileage). ARTICLE 12. WAGES 12.1 The basic hourly wage rates as established by Appendix C shail be paid for all hours worked by an employee. �2.2 Regular employees and temporary employees shall be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (Fringe Benefits). ARTICLE 13. FRINGE BENEFlTS 13.1 The Emp�oyer shall make contributions on behalf of andlor make deductions from the wages of employees covered by this Agreement in accordance with Appendix D for all hours worked. 132 The Employer will for the period of this agreement provide, for those employees hired before February 15, 1974, and who were eligible for the Employer's Heatth and Welfare premium contributions and who have retired since June 1, 1978, such heatth insurance premium contributions up to the same dollar amounts as are provided by the Employer at the date of early retirement and the cost of premium contributions toward $5,000 life insurance coverage until such employees reach sixiy-five (65) years of age. In order to be eligibie for the premium coniributions under the provision 13.2 and 13.3 the employee must: 132.1 132.2 Be receiving benefits from a public employee retiree act at the time of retirement. Have severed the employment relationship with the City of Saint Paul andlor Independent School District No, 625 under one of the early retiree plans. 13.2.3 Inform the Human Resource Department of Independent School District No. 625 and Office of Human Resources, City of Saint Paul in writing within sbcty (60j days of empioyee's eariy retirement date that he or she wishes to be eligible for eariy retiree insurance 6enefits: 13.3 An employee who retired at age sixty-five (65) or later and who met the criteria in '13.2 or for early retirees who qualified under 13.2 and have reached age sixty-five (65) after retirement the Employer will provide payment of premium for a Medicare supplement health coverage policy selected by the Employer. � L � • 0 • � . ARTICLE 14. SELECTION OF LEAD PLASTERER AND GENERAL LEAD PLASTERER 14.1 The selection of personnel for the c{ass of position of Lead Plasterer shal{ remain solely with the Employer. ARTICLE 15. HOLIDAYS 15.1 The foifowing nine (9) days shafl be designated as unpaid holidays: New Year's Day Martin Luther King, Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day The Day Afler Thanksgiving Christmas Day January 1 Third Monday in January Third Monday In February Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25. 15.2 When New Year's Day, lndependence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The nine (9) holidays shall be considered non-workdays. 15.4 if, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 10 (Call Back). 15.5 Employees assigned to work on Martin Luther King, Jr. Day, Presidents' Day or the day atter Thanksgiving shall be compensated on a straight-time basis for such hours worked. 15.6 Employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic houriy rate for such hours worked. 15.7 If Martin Luther King Day, Presidents' Day, or the day after Thanksgiving falls on a day whe� school is in session, the employee shaA work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be determined by agreement between the employee and the supervisor. 7 ARTICLE 16. DISCIPLINARY PROCEDURES 16.1 16.2 The Empioyer shall have the right to impose discipiinary actions on empfoyees for just cause. Disciplinary actions by the Employer shall i�clude only the following actions: 162.1 Oral reprimand; 16.2.2 Written reprimand; 162.3 Suspension; 162.4 Demotion; 16.2.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shall retain all rights under Minnesota Statute § 179A20, Subd. 4, and there6y shall have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions of Article 22 (Grievance Procedure). Once an employee or the Union acting in the employee's behalf initiates review of an action, that matter shall not again be reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal workday have the responsibility to notity their supervisor of s�ch absence as soon as possible, but in no event later than the beginning of such workday. 17.2 17.3 Failure to make such notification may be grounds for discipline as provided in Article 16 (Disciplinary Procedures). Failure to report for work without notification for three (3) consecutive normal workdays may be considered a"quiY' by the Employer on the part of the employee. u � � • ARTICLE 18. SENIORITY 18.� For the purpose of this Article the following terms shall be defined as follows: 18.'1.1 The term, "Employer," shall mean Independent School District No. 625, Saint Paul Public Schools. 18.12 The term, "Master Seniority,° shall mean the length of continuous regular and probationary service with the Employer firom the date an employee was first appointed to any cfass titfe with the Employer covered by this Agreement. '18.1.3 The term, "Class Seniorit�' shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a position with the Employer in a class title covered by this Agreement. This Section 18.1.3 is intended to mean that for any person no matter what the person's prior experience or how hired by the District, the person's class seniority starts at zero the day ot appointment to a School District position in that title and begins to be calculated from that date. An employee's Class Seniority does not revert to zero following recall from an Employer initiated layoff within the twenty-four (24) month recall rights period specified in 18.4. This defiinition of cfass seniority would be used for all layoff decisions. 18.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of � illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Empfoyer or to an elected or appointed full-time position with the Union_ 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer that it is necessary to reduce the worktorce, employees will be laid off by class title within each Department based on inverse length of "Class Seniority." Employees laid off by the Employer shall have the right to reinstatement in any lower-paid class title previousiy hefd which is covered by this Agreement, provided the employee has greater "Class Seniorit�' than the empfoyee being replaced. Recall from layoff shall be in inverse order ot layoff, except that recall rights shall expire after twenty-four (24) months from the last day of work preceding the layotf. No other Civil Service recall rights to this Empfoyer shall apply. This provision does not address any rights the employee may have to be recalled to any other employer. 18.5 The selection of vacation periods shall be made by class title based on fength of "Class Seniority," subject to the approval of the Employer. � �1 ARTICLE 19. JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing emptoyees of the Employer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 19.3 In the event of a dispute concerning the performance or assignment of work, the unions involved arid ihe Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing sha!! restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 19.2 and 19.3 above shall be su6ject to disciplinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20. SEPARATION 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 20.1.1 Resiqnation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignaUon. 20.'12 Discharae. As provided in Article 16. 20.1.3 Failure to Reoort for DuN. As provided in Article 17. 202 Employees having a temporary employment status may be terminated at the discretion of the Employer before the completion of a normal workday. ARTICLE 21. TOOLS 21.1 All employees shall personally provide themselves with the tools of the trade as lisled in Appendix B. • CJ � 10 . ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shafl notify the Employer in writing of the names of the Stewards snd of their successors when so named. 222 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no �oss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs ofi the Employer. 22.3 The procedure established by this Article shall, except as previously noted in Articfe 16 (Disciplinary Procedures), be the sole and exclusive procedure for the processing oS grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 22.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and � refierred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any aNeged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reaso�able diligence should have had knowledge ot the first occurrence of the event giving rise to the grievance, shall be considered waived. Steo 2. With seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union wiihin three (3) calendar days following this meeting. The Union may refier the grievance in writing to Step 3 within seven (7) calendar days foilowing receipt of the Empioyer's written answer. Any grievance not reterred in writing by the Union within seven (7) calendar days following receipt oS the Employer's answer shall be considered waived. � 11 ARTICLE 22. GRIEVANCE PROCEDURE (continued) Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with fhe Union Business Manager or his designated representative and attempt to resoNe the grievance. Within seven (7) calendar days following this meeting, the Employer shall reply in writing to the Union stating the Employe�'s answer concerning the grievance. If, as a resuit oi the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbifrator wifhin the said seven (7)-day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike iwo (2) names from the panel. The Union shall strike the first (ist) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. • 22.5 The azbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be � without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be lafer, unless the parties agree to an e�ension. The decision shail be based soiely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on ihe Empioyer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equaliy by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party cancels an arbitration hearing or asks for a last-minute postponement that leads to the arhitrato�'s making a charge, the canceling party or the party asking for the postponement shall pay this charge. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The time fimits in each step of this procedure may be extended by mutuaf agreement of the Employer and the Union. � 12 � ARTICLE 23. RIGHT OF SUBCONTRACT 23.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting woutd result in a reduction of the workforce covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day notice of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTfCLE 24. NON-DISCRIMINATION 24.1 The terms and conditions of this Agreemerrt wifl be applied to employees equally without regard to or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or no�-membership in the Union. 24.2 Employees wifl perform their duties and responsibilities in a non-discriminatory manner as such duties and respons+bilities involve other employees and the general public. � ARTICLE 25. SEVERABILITY 25.� In the event that any provision(s) of this Agreement is declared to be contrary to Iaw by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue m full force and effect. 25.2 The part�es agree to, upon written notice, enter into negotiations to place the voided provis�ons oi the Agreement in compliance with the legislative, administrative or judicial determmation. � 13 ARTICLE 26. WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to a�y subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. 26.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or condition of employment whether speciiically covered or not specificaily covered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 26.3 Any and ali prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 27. MILEAGE - INDEPENDENT SCHOOL DfSTRICT NO. 625 Employees of fhe Schooi District, under policy adopted by the Board Education, may be reimbursed for the use of their automobiles for school business. The mileage aliowance for eiigible employees shall be 31¢ per mile, or such higher rate as may be established at the discretion of the Board. An employee must keep a record of each trip made. Reimbursement shall be for the actual mileage driven in the performance of assigned duties as verified by the appropriate school district administrator artd in accordance with School District Bus+ness Office policies and procedures. ARTICLE 28. COURT DUTY LEAVE Any employee who is required to appear in court as a juror or as a subpoenaed witness shall be paid his/her regular pay while so engaged, unless the court duty is the result of litigation undertaken by the empioyee or the Union againsY the Employer. Any fees that the employee shall receive from the court for such service shall be paid to the Employer. Any employee who is scheduled to work a shift other than the normal day[ime shift, shall be rescheduled to work the normal daytime shift during such time as he/she is required to appear in court as a juror or wftness. � � � 14 • ARTIC�E 29. DURATION AND PIEDGE 29.1 T!!i� Ag!eement shall become effective as of the date of signing, except as spec'rficaliy provided othenvise in Articies 12 and 13, and shali remain in effect though the 31st day of May 2004 and continue in effect from year to year thereafter uniess no6ce to change or to tertninate is given in the manner provided in 29.2. 292 lf either pariy desires to terminate or modify this Agreement effe�tive as of the date of expiration, the party wishing to mod'ifiy or terminate the Agreemerrt shalf give writien notice to the other party, not more than ninety (90) or fess than sixty {60) calendar days prior to the expiration date, provided that the Agreement may only be so terminated or modified eifective as of the expirafion date. 29.3 In consideration of the terms and conditions of empioyment estabiished by this Agreement and the recognftion that the Grievance Procedure herein estabiished is the means by which grievances concerning its application or interpretation may be peacefuily resolved, the parties hereby pledge that during the term of the Agreement: 29.3.1 The Union and the empioyees wili not engage in, instigate or condone any concerted action in which empioyees faii to report for duty, wiiifully absent themseives from work, stop work, slow down their work or absent themselves in whole or part from the full, faithfui performance of their duties of empioyment. 29.32 The Empioyer wiii not engage in, instigate or condone any lockout of empioyees. 29.3.3 This constitutes a tentative Agreement between parties which wi114e recommended by the schoot board negotiator, but is subject to the approval of the Board of • Education and is also subject to ratification by the Union. The parties agree and attest that this reQresents the fuil and complete understanding of the parties for the period of time herein specified by the signature of the following representatives for the Employer and the Union. W ITNESSES: INDEPENDENT SCHOOL DISTRICT NO. 625 • 15 OPERATIVE PLASTERERS AND CEMENT MASONS INTERNATIONAL Q/�o% i Date � APPENDIX A The classes of positions recognized by the Employer as being exclusively represented by the Union are as follows: Plasterer Lead Plasterer Apprentice - Plasterer and other classes of positions that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. � I_f17�G7ET All necessary hand tools. „ � 17 APPENDIX C C-1 The total hourly cost to the Employer for wages plus any and all contributions or deductions staled in Appendix D ot this Agreemeni shall not exceed the following amounts: Effective Effective Effective 6-2-01 6-7-02 5-31-03 $35.13 $37.03 " C-2 The total ta�cable hourly rate including wages and the vacation contribution in Appendix D and excluding aII other benefit costs and obligations in Appendix D, for regular and probationary employees appointed to the following classes of positions for whom the employer contributes to PERA shall be as follows: Effective 6-2-01 Effective 12-29-01 Effective Effective 6-1-02 5-31-03 Plasterer $25.13 $25.05 ., C-2A The basic hourly wage rates in this Appendix C, Section C-2A are for comaensation analvsis purposes onlv. These figures represent the portion of the Section C-1 rates above specifically allocated to wages. These rates do NOT include taxable contributions and therefore should NOT be used for taxable payroll calculations. See Section C-2 above for toYal taxable payroll information. Effective 6-2-01 Plasterer $20.48 Effective 12-29-01 $20.40 Effective Effective 6-1-02 5-31-03 • r �' u C-3 The total tauable hourly rate including wages and the vacation contribution in Appendix D for regular and probatiortary employees who were hired on or after May 1, 2001, and are exempt from PERA; for employees who opted out of receiving employer contributions to PERA during the period May 1, 2001 and December 30, 2004; and temporary employees appointed to the following classes of positions shal! be: Effective 6-2-01 Plasterer $26.43 Effective Effective 6-1-Q2 5-31-03 .. If a temporary employee working in a title listed in this Section C� becomes subject to the requiremenis of the Public Employees Retirement Act (PERA), which thereby requires the Employer to make contributions Yo PERA, the calculated hourly base rate may change so the Employer's cost does not exceed the amounts listed in C-1 above. NOTES FOR APPENDICES C-2, C-2A AND C-3: " The June 1, 20D2, hourky rates in Appendices G2 shall be determined at a later date based on the allocation agreed Yo be the Employer and the Union of the June 7, 2002, totai hourly cost stated in Appendix C-1. `* The May 3i, 2003, hourly rates in Appendices C1, C2, C2A and C3 shall be determined at a later dafe based on the allocation agreed to be the Employer and the Union of the May 31. 2003, total hourly cost determined for the third year wage re-opener. � 18 • APPENDiX C (continued) C-4 The basic hourly wage rates for the Apprentice cfass of positions: This Section is held open for the addition of appropriate Apprentice rates in the event the Employer initiates the employment of Apprentices. If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a way that the total cost of the package (wage rate plus contributions) remai�s constartt and does �ot exceed the amounts shown in Appendix C, Section C-1. • . 19 APPENDIX D Effective June 1, 2001, the Employer shall forward the amounts designated in this Appendix D for employees covered by this Agreement to depos+tories as directed by the Union and agreed to by the Employer: (1) $4.65 per hour for all hours worked from which all appropriate payroll deductions have been made to a Union-designated Vacation Fund. (2) $2.85 per hour for all hours worked to a Union-designated Health and Welfare Fund. (3) $5.75 per hour for all hours worked to a Union-designated Pension Fund. (4) $.10 per hour for aII hours worked to a Union-designated Aoarenticeship Fund. The Employer shall make legally established non-negotiated pension conYributions to PERA. Cha�ges in the mandated PERA rate may change the caiculated hourly base rate of pay so the Employer's cost does not exceed the amounts stated in C-1 above. All contributions made in accordance with this Appendix D shall be deducted from and are not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shall be forwarded to depositories as directed by the Union and agreed to bythe Employer. • The Employer shall establish Workers' Compensation and Unemployment CompensaYion programs as required by Minnesota Statutes, • Employees covered by this Agreement shall not be eligible for, governed by or accumulate vacation, sick leave, holiday, funeral leave or insurance fringe benefits that are or may be established by Personnel Rules Council Ordinance or Council Resolutions. The Empfoyer's fringe benefit obfigation to emp�oyees is fimited to the contributions and/or deductions esfab(ished by fhis Agreement. The acfual tevel of benefits provided to employees shali be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. • 20 • � r, �J TABLE OF CONTENTS ARTICLE TITLE Preambfe................°--°--°--°-......-°-°•-°-............. Article 1. Purpose ................................................................ ARicle 2. Recognition .......................................................... Article 3. Employer Rights .................................................., Article 4. Union Rights ........................................................ Article 5. Scope of the Agreement ..................................... Article 6. Probationary Periods ........................................... Article 7. Philosophy of Employment And Compensation .. Article 8. HoursoSWork ..................................................... Article 9. Overtime .............................................................. Articfe 10. Call Back ............................................................. Article 11. Work Location ..................................................... Article12. Wages ................................................................. Article 13. FringeBenefits .................................................... Articie 14. Sefection of Lead Cement Finishers ................... Article 15. Holidays ............................................................... Article 16. Discipiinary Procedures ....................................... Article 17. Absences From Work ......................................... Article 18. Seniority ............................................................... Article 19. Jurisdiction .......................................................... Article 20. Separation ........................................................... Article21. Toofs .................................................................... Article 22. GrievanceProcedure .......................................... Article 23. Right of Subcontract ............................................ Article 24. Nondiscrimination ................................................ Article 25. Severabifity .......................................................... Article26. Waiver ................................................................. Article Mileage ................................................................ Article 28. Court Duty Leave ................................................. Article 29. Duration of Pfedge ............................................... Appendix ..................................................... AppendncB ..................................................... AppendixC ..................................................... Appendix ..................................................... tlG PAGE ................................ iv ................................ 1 ................................1 ................................ 1 ................................ 2 ................................ 2 ................................ 3 ................................ 3 ................................ 4 ................................ 5 ................................ 5 ................................ 6 ................................ 6 ................................ 6 ................................ 6 ................................ 7 ................................ 8 ................................ 8 ................................ 9 ..............................10 .............................. 10 ............................... 10 ..........................11-12 ............................... 13 ............................... 13 ...............................13 ............................... 14 ............................... 14 ............................... 14 ...............................15 ............................... 16 ...............................16 ..........................17-18 ............................... 19 PREAMBLE This agreement is entered into between Independent School District No. 625, hereinafter referred to as the Empioyer, and Minnesota Cement Masons, Plasterers and Shophands Local 633, hereinafter referred to as fhe Union. The Employer and the Union concur that this agreement has as its objective the promotion of the responsibilitfes of the Independent School District No. 625 for the benefit of the general public through 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. • � . iv • ARTICLE 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this agreement is to: 1.1.1 Achieve orderly and peaceful relations, thereby establishing a system ofi uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of al1 concerned; 1.1.2 Set forth rates of pay, hours of work, and other conditions of employmeM as have been agreed upon by the Employer and the Union; 1.1.3 Establish procedures to orderly and peacefulfy resolve disputes as to the application or interpretation of this agreement without loss of productivity. 1.2 The Employer and the Union agree that this agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this agreement is to conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (Severability). ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnei having an employment status ot regular, � probationary, and temporary employed in the cfasses of positions detined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 90-PCL-3162 dated February 15, 1990. 22 The classes of positions recognized as being exclusively represented by the Union are as listed in Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perEorm any inherent managerial function not specifical�y limited by this agreeme�t. 3.2 Any "term or condition of employmenY' not established by this agreement shall remain with the Employer to eliminate, modify or establish following written notification to the Union." � ARTICLE 4. UNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union, 4.1.1 4.1 2 The Employer shall not deduct dues from the wages of employees covered by this agreement for any other labor organization. The Union shall indemnify and save harmless the Employer from any and al! claims or charges made against the Employer as a result of the implementation of this article. 4.2 The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Emptoyer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Employer where employees covered by this agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This agreement estabtishes the "terms and conditions ot employmenY' defined by Minnesota Statutes § 179A.03, Subdivision 19, for all employees exclusively represented by the Union. This agreement shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. • � �J 2 • ARTICLE 6. PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6)-month probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.1.1 At any time the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.1.2 An employee terminated during the probationary period shall receive a written notice of the reason(s} for such termination, a copy ot which shall be sent to the Union. 62 All personnel promoted to a higher class of positions shall serve a six (6) month promotional probationary period during which time the employee's fitness and abiliYy to perform the class of positions' duties and responsibilities shall be evaluated. 62.1 At any time during the promotional probationary period an empfoyee may be demoted to the employee's previously-held class of positions at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.2.2 An employee demoted during the promotional probationary period shall be returned to the employee's previously-held class of positions and sha�l receive a written notice of the reasons for demotion, a copy of which shall be sent to the � Union. ARTICLE 7. PNILOSOPNY OF EMPLOYMENT AND COMPENSATION 7.1 The Empfoyer and the Union are in full agreement that the philosophy of empioyment and compensation shafi be a"cash" hourly wage and "industry" fringe beneiit system. 7.2 The Employer shall compensate empioyees for ail hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages) and 13 (Fringe Benefits). 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this agreement. i ARTICLE 8. HOURS OF WORK 8.1 The normal workday shall be eighi (8} consecutive hours per day, excluding a thirty (30j minute unpaid Iunch period, between 7:00 a.m, and 5:30 p.m. 8.2 The normal work week shall be five (5) consecutive normal workdays Monday ihrough Friday. 8.3 If, during the term of this agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal workday or per norma! work week. 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established workday unless otherwise directed by their supervisor. 8.6 Afi empioyees are subject to call-back by the Employer as provided by Article 10 (Cail Back). 8.7 Empioyees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) f�ours, at the basic hourly rate, un(ess notification has been given not to report for work prior to leaving home, or during the previous workday. � � � 4 • ARTICLE 9. OVERTIME 9.'I AII overtime compensated for by the Empfoyer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance approvaf has been obtained. . 9.2 The overtime rate of one and one-half (1-'I{2) the basic hourly rate shalf be paid for work performed under the fiolfowing circumstances: 9.2.1 Tlme worked in excess of eight (8) hours in any one normal workday, and 9.2.2 Time worked on a sixth (6th) day following a normal work week. 9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the fallowing circumstances: 9.3.1 Time worked on a holiday as defined in Article 15.6 {Holidays). 9.32 Time worked on a seventh (7th) day foflowing a normal work week. 9.4 For the purposes ofi calculating overtime compensation, overtime hours worked shall not be "pyramided," compounded or paid twice for the same hours worked. 9.5 Overtime hours worked as provided by this article shall be paid in wages or in compensatory time as determined by the Employer. �.J ARTICLE 10. CALL BACK 10.1 The Employer retains the right to call back employees before an employee has started a normal workday or normal work week and after an employee has completed a normal workday or normal work week. 102 Employees called back shall receive a minimum of four (4) hours of pay at the basic hourly rate. 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9(Overtime), when applicabfe, and subject to the minimum established by 10.2 above. 10.4 Employees called back tour (4) hours or less prior to their normal workday shall complete the normal workday and be compensated only for the overtime hours worked in accordance with Article 9 (Overtime). � !.7 ARTICLE 11. WORK LOCATION 1 t.1 Employees shall repoR to work location as assigned by a designated Employer supervisor. During the normal workday, employees may be assigned to other work locations af the discretion of the Employer. 11.2 Employees assigned to work locations during the normal workday other than their original assignment, and who are required to furnish their own transportation, shall be compensated for mileage as set forth in Article 27 {Mileage). ARTICLE 12. WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. i22 Regular employees and temporary employees shall be compensated in accordance with Article �2.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf in accordance with Article 13.f (Fringe Benefits). ARTICLE 13. FRINGE BENEFITS 13.1 The Employer shall make co�tributions on behalf of and/or make deductions from the wages of employees covered by this agreement in accordance wiYh Appendix D for al! hours worked. Y 3.2 The Empioyer will for the period of this agreement provide, for those empioyees who were hired prior to February 15, 1974, and who were eligible for the Employer's Health and Weifare premium contributions and who have retired since May 8, �978, such health insurance premium contributions up to the same dollar amounts as are provided by the Employer at the date of early retirement and the cost of premium contributions toward $5,000 Iife insurance coverage until such employees reach sixty-five (65) years of age. In order to be eligible for the premium contributions under the provision 132 and 13.3 the employee must: 132.� 132.2 Be receiving benefits from a public employee retiree act at the time of retirement. Have severed the employment relationship with the City of Saint Paul and/or Independent School District No. 625 under one of the early retiree plans. 132.3 Inform the Human Resource Department of Independent School District No. 625 and the Office of Human Resources, City of Saint Paul in writing within siuty (60) days of employee's eady retiremen# dafe that he. or she wishes to be eligible for earl y retiree insurance benefits. '13.3 An empbyee who retired at age siaty-five (65) or later and who met the criteria in 13.2, or for early retirees who qualified under 13.2 and have reached age siuty-five (65) after retirement the Employer will provide payment of premium for a Medicare supplement health coverage policy selected by the Employer. ARTICLE 14. SELECTfON OF LEAD CEMENT FINISHERS • � � 0 • i4.1 142 14.3 14.4 The sefection of personnel for the class of position Lead Cement �i�isher shall remain solely with the Employer. The class of position Lead Cement Finisher shall be filled by empfoyees of the bargaining unit on a `Yemporary assignment." All "temporary assignments" shall be made only at the direction of a designated Employer supervisor. Such "temporary assignments" shall be made only in cases where the class ot positions is vacant for more than one (1) normal workday. ARTICLE 15. HOLIDAYS 15.1 The following nine (9) days shall be designated as unpaid holidays: � New Year's Day Martin Luther King, Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Day January 1 Third Monday in January Third Monday in February Last Monday in May July A First Monday in September Fourth Thursday in November Fourth Friday in November December 25 15.2 When New Year's Day, independence Day or Christmas Day falis on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falis on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The nme (9) holidays shall be considered non-workdays. 15.4 If, in the �udgment oS the Employer, personnel are necessary for operating or emergency reasons. employees may be scheduled or °called back" in accordance with Article � 0(Call Backj. 15.5 Employees assigned to work on Martin Luther King, Jr. Day, Presidents' Day or the day after Thanksgiving shall be compensated on a straight-time basis for such hours worked. 15.6 Empioyees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shal{ be compensated at the rate of two (2) times the basic hourly rate for such hours worked. 15.7 if Martin Luther King, Jr. Day or Presidents' Aay fialls on a day when schooi is in session, the employees entitled to a holiday shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be determined by agreement between the employee and supervisor. a ARTICLE 16. DISCIPLINARY PROCEDURES 16.1 The Employer shall have the right to impose discipiinary actions on employees for just cause. 162 Disciplinary actions by the Employer shall include only the following actions: � 6.2.'I Oral reprimand; 16.2.2 Written reprimand; 162.3 Suspension; 16.2.4 Demotion; 16.2.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shall retain all rights under Minnesota Statutes § 179A.20, Subd. 4, and thereby shall have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions of Article 22 (Grievance Procedure). Once an employee or the Union acting in the employee's behalf initiates review of an action, that matter shall not be reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.1 Empioyees who are unable to report for their normal workday have the responsibility to notify thefr supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 7 7.2 17.3 Failure to make such notification may be grounds for discipline as provided in Article 16 (Disciplinary Procedures), Failure to report for work without notification for three (3) consecutive normal workdays may be considered a"quit° by the Empioyer on the part of the employee. • � u • ARTICLE 18. SENIORITY 18.� For the purpose of this article the fo{lowing terms shalf be defined as follows: 18.1.'I The term, "Employer," shall mean Independent School pistrict No. 625, Saint Paul Public Schools. 18.1.2 The term, "Master Seniority," shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to any class title with the Employer covered by this agreement. 18.1.3 7he term, "Class Seniority' shail mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a position with the Employer in a class title covered by this agreement. This section 18.1.3 is intended to mean that for any person �o matter what the person's prior experience or how hired by the District, the person's class seniority starts at zero the day of appointment to a School District position in that title and begins to be calculated from that date. An employee's Class Seniority does not revert to zero following recall from an Employer initiated layoff within the twenty-four (24) month recall rights period specified in 18.4. This definition of class seniority shall be used for al! layoff decisions. 182 Seniority shafi not accumulate during an unpaid teave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the � unclassified service of the Employer or to an elected or appointed full-time position with the Union. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer that it is necessary to reduce the workforce, employees will be faid off by class title within each Department based on inverse length of "Cfass Seniority." Employees laid off by the Employer shafl have the right to reinstatement in any lower-paid class title previously held which is covered by this agreement, provided the employee has greater "Class Seniorit}1' than the employee being replaced. Recall from layoff shall be in inverse order of Iayoff, except that recall rights shall expire after 24 months from the last day of work preceding the layoff. No other Civil Service recall rights to this Employer shall apply. This provision does not address any rights the employee may have to be recalled to any other employer. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority," subject to the approval ot the Employer. u ARTICLE 19. JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject to determination by the various unions representing employees of the Employer. 192 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. i9.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict ihe right of the Employer to accomplish the work as originally assigned pending resolution of the dispute, or restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 192 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20, SEPARATION 20.1 Employees having a probationary or regular empioyment status shall be considered separated trom employment based on the following actions: 20.1.1 20.12 20.1.3 Resiqnation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resigrtation. Discharqe. As provided in Article 16. Failure to Reoort for Dutv. As provided in Article 17. 202 Employees having a temporary employment status may be terminated at the discretion of the Employer before the compleYion ot a normal workday. ARTICLE 2�. TOOLS 21.1 AII employees shall personally provide themselves with the tools of the trade as listed in Appendix B. r � i yo � ARTICLE 22. GRIEVANCE PROCEDURE 22.'I The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the Stewards and of their successors when so named. 22.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is Iimited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only whe� consistent with such employee duties and responsibilities. The Steward involved and a grieving empfoyee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 22.3 The procedure established by this article shall, except as previously noted in Article 16 (Disciplinary Procedures), be the sole and exclusive procedure fior the processing of grievances, which are defined as an alleged violation of the terms and conditions of this agreement. 22.4 Grievances shall be resolved in conformance with the following procedure: Steo 1. Upon the occurrence of an alleged violation of this agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the emp{oyee's satisfaction by the irrformal discussion, it may be reduced to writing and � referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the agreement violated, and the relief requested. Any alleged violatio� of the agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use ot reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resofve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Empioyer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. � 11 ARTICLE 22. GRIEVANCE PROCEDURE {continued) . Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or the designated representative and attempt to resolve the grievance. Within seven (7) calendar days foilowing fhis meeting, the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Ste� 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Emptoyer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7} calendar days after notice has been given. If the parties fail to mutualiy agree upon an arbitrator within the said seven (7)-day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have rto right to amend, modify, nullify, ignore, add to or subtract from the provisions of this agreement. The arbitrator shall consider and decide only the specific issue submitted in wrifing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shalf be � without power to make decisions contrary to or inconsistent with or modifying or varying in any way the appiication of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirry (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree !o an e�ension. The decision shail be based solely on the arbitrator's interpretation or application of the express terms of this agreement and to the facts of the grievance presented. The decision of the arbitrator shall be finai and binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for fhe arbitrator's services and proceedings shalf be borne equaily by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The Yime limits in each step ot this procedure may be extended by mutual agreement of the Employer and the Union. � 12 • ARTICLE 23. RIGHT OF SUBCONTRACT 23.1 The Employer may, at any time during the duration of this agreement, contract out work done by the employees covered by this agreement. in the everrt that such contracting wouid resuit in a reduction of the workforce covered by this agreement, the Empfoyer shall give the Union a ninety (90) calendar day notice of the intention to subcontract. 232 The subcontracting of work done by the employees covered by this agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NONDISCRIMINATION 24.1 The terms and conditions of this agreement will be applied to employees equally without regard to or discrimination for or against, a�y individual because of race, color, creed, sex, age or because of inembership or nonmembership in the Union. 242 Employees will perform their duties and respo�sibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 25. SEVERABILITY � 25.1 In the event that any provision(s) of this agreement is declared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 252 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the agreement in compliance with the Iegisiative, administrative or judiciaf determination. � 13 ARTICLE 26. WAIVER 26.1 The Employer artd the Union acknowledge that during ihe meeting and negotiating which resuited in this agreement, each had the right and opportunity to make proposals with respect fo any subject concerning the terms and conditions of empioyment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this agreement. 262 Therefore, the Employer and the Union for the duration of this agreement agree that the other party shall not be obligated to meet and negotiate over any term or condition of employment whether specitically covered or not specifically covered by this agreement. The Union and Employer may, however, mutually agree to modify any provision of this agreement. 26.3 Any and alI prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the exient they are inconsistent with this agreement, are hereby superseded. ARTICLE 27. MILEAGE u Employees of the School District, under policy adopted by the Board Education, may be reimbursed for the use of their automobiles for school business. The mifeage aliowance for eiigible employees shali be 31� per mile, or such higher rate as may be establfshed at the discretion of the Board. An employee must keep a record of each trip made. Reimbursement shall be for the actual � mileage driven in the performance of assigned duties as ver'rfied by the appropriate school district administrator antl in accordance with School District Business Office policies and procedures. ARTfCLE 28. COURT DUTY LEAVE Any employee who is required to appear in court as a juror or as a subpoenaed witness shall be paid his/her regular pay while so engaged, unless the court dury is the result of litigation undertaken by the employee or the Union against the Employer. Any fees that the employee shall receive from the court tor such service shall be paid to the Employer. Any employee who is scheduled to work a shift other than the normal day[ime shift, shall be rescheduled to work the normal daytime shift during such time as he/she is required to appear in court as a juror or witness. � 14 � • ARTICLE 29. DURATION OF PLEDGE 29.1 292 This agreement shaii become effective as of the date of signing, except as spec�cally provided in Articles 12 and 13, and shai! remain in effect through the 30th day of April, 2004 and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 292. If either party desires to tertninate or modify this agreement effective as of the date of expiration, the parry wishing to modifiy or terminate the agreement shaii give written notice to the other party, not more than ninety (90) or less than sixry (60) calendar days prior to the expiration date, provided that the agreement may only be so tertninated or mod'rfied effective as of the expiration date. 29.3 in consideration of the terms and cond�tions of empbyment established try this agreement and tfie recognition thaf the Grievance ProCedure herein estabiished is the means by which grievances concesning its appiication or interpretation may be peacefuily resolved, the parties hereby pledge that during the term ot She agreement: 29.3.1 The Union and the employees will not engage in, instigate or condone any concerted action in which employees fail to report for duty, willfuliy absent themseives from work, stop work, slow down their work or absent themselves in whole or part from the fuii, faithfui performance of their duties of empioyment. 29.3.2 The Employer wiil not engage in, instigate or condone any lockout of employees. 29.3.3 This constitutes a tentative Agreement between the parties which will be recommended by the schooi board negotiator, but is subject to the approval of the Board of Education and is also subject to ratification by the tlnion. Agreed to and attested to as the fuli and compiete understanding of the parties for the period of time herein specified by the signature of the fotlowing representatives for the Empioyer and the Union: WlTNESSES: INDEPENDENT SC}i00L DiSTR1CT NO. 625 MINNESOTA CEMEf�T MASOPlS, PIASTERERS A43D SHOPHA(SDS LOCAt NO. 633 � ..�� 'L C�? Busin s Manager 7-t9-�� Date � 15 �Z�- �/ Date APPENDIX A The classes of positions recognized by the Employer as being exclusively represented by the Union are as foffows: Cement Finisher Apprentice-Cement Finisher and other classes of positions that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. APPENDIX B All necessary hand tools. � • ` I � \ I � \J APPENDlX C C-1. The total hourly cost io the Employer for wages pius any and afl contributions or deductions stated in Appendix D of this agreement shall not exceed the following amounts: Cement Finisher Effective Effective Effective ENective 5-5-01 6-2-01 5-4-02 53-03 $34.80 $34.80 $36.65 '* C-2. The total taxable hourfy rate including wages and the vacation contribution in Appendix D and excluding all other benefit costs and obligations in Appendix D, for regular and probationary emp{oyees appointed to the following classes of positions sha11 be as follows: Cement Finisher Effective Effective 5-5-01 6-2-01 $25.52 $24.90 Effiective Effective 5-4-02 5-3-03 G-2A. The basic hourly wage rates in this Appendix (G2A) are for comaensation analvsis purposes onlv. These figures represent the portion of the Appendix C-1 rates above specifically allocated to wages. These rates do NOT include taxable benefits contributions and therefore shoufd NOT be used for taxable payroll calculations. See Appendix C-2 above for total taxable payroll information. Cement Finisher Effective 5-5-01 $21.45 Effective 6-2-0� $22.37 Effective 5-402 Effective 5-3-03 <> 17 APPENDIX C (continued) C-3. The total faxable hourly rafe including wages and the vacation contribufion in Appendix D for temporary employees appointed to the following classes of positions shall be: Effective 5-5-01 Cement Finisher $26.84 Effective 6-2-01 $26.19 If a temporary employee working in a title tisted in this Appendix C-3 becomes subject to the requirements of the Public Employees Retirement Act (PERA), which thereby requires the Employer to make confributions to PERA, the calculated hourly base rate may change so the Employer's cosi does ttot exceed the amounts listed in Ci above. NOTES FOR APPENDICES C-2. C-2A AND C-3: ' The May 4, 2002, hourly rates in Appendices G2, C-2A and C3 shall be determined at a later date based ort the allocation agreed to by the Employer and the Union of the May 4, 2002, total hourly cost stated in Appendix C-1. " The May 3, 2003, hourly rates in Appendices C-2, C-2A and C3 shall be determined at a later date based on the aliocation agreed to by the Employer and the Union of the May 3, 2003, total hourly cost determined for the third year wage reopener. C-4. The basfc hourly wage rates for the Apprentice class of positions: This section is held open for the addition of appropriate Apprentice rates in the event the Empioyer initiates the smployment of Apprentices. If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a way that the total cost of the package (wage rate plus contributions) remains constant and does not exceed the amounts shown in Appendix C, Section C-1. • � r7 L� m Effective Effective 5-4-02 5-3-03 . APPENDIX D Effective May 5, 2001, the Empfoyer shali fornrard the amounts designated in this Appendix D for employees covered by this agreement to depositories as directed 6y the Union and agreed to by the Employer: (1) $3.15 per hour for all hours worked from which all appropriate payrolf deductions have been made to a Union-designated Vacation and Savinas Fund. (2) $2.76 per hour fior all hours worked to a Union-designated Health and W elfare Fund. (3) $4.95 per hour for all hours worked to a Union-designated Pension Fund. (4) $.25 per hour for aI� hours worked to a Union-designated Aoprenticeship Fund. Effective June 2, 2001, the Employer shall forvvard the amounts designated in this Appendix D for employees covered by this agreement to depositories as directed by the Union and agreed to by the Employer: (1) $3.45 per hour for all hours worked from which alf appropriate payrolf deductions have been made to a Union-designated Vacation and Savinps Fund. (2) $2.86 per hour for all hours worked to a Union-designated Health and Welfare Fund. ` (3) $5.45 per hour for all hours worked to a Union-designated Pension Fund. (4) $.30 per hour for all hours worked to a Union-designated Aoprenticeship Fu�d. The Employer sha�l make legally estabfished non-negotiated pension contributions to PERA. Changes in the mandated PERA rate may change the calculated hourly base rate of pay so the Employer's cost does not exceed the amounts fisted in C1 above. All contributions made in accordance with this Appendix D shall be deducted from and are not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shall be forwarded to depositories as directed by the Union and agreed to by the Employer. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Employees covered by this agreement shall not be eligible for, governed by or accumulate vacation, sick leave, holiday, funera{ leave, or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance or Councif Resolutions. The Employer's fringe benefit obligation to empioyees covered by this agreement is fimited to the contributions andior deductions established by this agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has fonvarded contributions and/or deductions. • 19 � � � TABLE OF CONTENTS ARTICLE TITLE Preamble .................................................................. Article1. Purpose .................................................................... Article 2. Recognition .............................................................. Article 3. EmployerRights ....................................................... Article 4. Union Righis ............................................................. Article 5. Scope of the Agreement ......................................... Article 6. Probationary Period .................................................. Article 7. Philosophy o( Employment and Compensation....... Article 8. Hours of Work ......................................................... Article 9. Overtime .................................................................. Article 10. Call Back ................................................................. Article 11. Work �ocation ......................................................... Article�2. Wages ..................................................................... Article �3. FringeBenefits ........................................................ Article 14. Selection of Foreman and General Foreman.......... Article 15. Holidays ................................................................... Article 16. Disciplinary Procedures ........................................... Article �7. Absences From Work ............................................. Article 18. Seniority ................................................................... Article 19. Jurisdiction .............................................................. Article 20. Separation .........................°---......---........................ Article21. Tools ........................................................................ Article 22. GrievanceProcedure .............................................. Article 23. Right of Subcontract ................................................ Article 24. Nondiscrimination .................................................... Article 25. Severability .............._....---._............................._...... Article26. Waiver ..................................................................... Article 27. Mileage - Independent School District No. 625....,.. Article 28. Court Duty Leave ..................................................... Article 29. Duration and Pledge ................................................ AppendixA .............................................................. AppendixB .............................................................. AppendixC .............................................................. AppendixD .............................................................. � PAGE ............................................... iv ............................................... 1 ............................................... 1 ............................................... � ............................................... 2 ............................................... 2 ............................................... 3 ................................................ 3 ................................................ 4 ................................................ 4 ................................................ 5 ................................................ 5 ................................................ 5 ................................................ 6 ................................................ 6 ................................................ 7 ................................................ 8 ................................................ 8 ................................................ 9 .............................................. 10 .............................................. 10 ..............................................10 .........................................11-12 .............................................. 13 .............................................. 13 .................................._........._ 13 ..............................................14 .............................................. 14 .............................................. 14 .............................................. 15 .............................................. 16 .............................................. 17 .........................................18-19 .............................................. 20 • PREAMBLE This Agreement is entered inio between Independent School District No. 625, hereinafter referred to as the Employer, and the Lakes and Plains Regional Council of Carpenters and Joiners of United Brotherhood of Carpenters and Joiners of America, hereinafter referced to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the Independent School Districi No. 625 for the benefit of the general public through effective labor-management cooperation. The Employer and the Union both realize that this goal depends not only on the words in the Agreement, bui 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. � • iv • ARTICLE 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1.1 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of aIl concerned; 1.1.2 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; 1.1.3 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 12 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (Severability). ARTICLE 2. RECOGNITION 2,1 The Empfoyer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, � probationary, and temporary employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 89-PR-2359 dated November 20, 1989. 2.2 The cfasses of positions recognized as being exclusivefy represented by the Union are as listed in Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all employees, 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 specitically limited by this Agreement. 32 Any "term or condition of employmenY' not established by this Agreement shall remain with the Employer to eliminate, modify or establish following written notification to the Union. • ARTICLE 4. UNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authoNze such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1.1 4.1.2 The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. The Union shali indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of tfiis Article. 42 The Union may designate one (t ) employee from the bargaining unit to act as a Steward a�d shall inform the Employer irt writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Employer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employment" detined by Minn. Stat. § 179A.03, Subdivision 19, for all employees exclusively represented by the Union. This Agreement shall supersede such `Yerms and conditions of employmenY' established by Civil Service Rule, Council Ordinance, and Councii Resolution. • � • • ARTICLE 6. PROBATIONARY PERVOD 6.1 All personnel, originaffy hired or rehired foflowing separation, in a regular employment status shall serve a six (6)-month probationary period during which time the empioyee's fitness and ability to pertorm the class of positions' duties and responsibilities shall be evaluated. 6.1.� At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeaf to the provisions of Article 22 (Grievance Procedure). 6.1.2 An employee termi�ated during the probationary period shail receive a written notice of the reason(s) fior such termination, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher class of positions shall serve a six (6)-month promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.2.1 At any time during the promotional probationary period an employee may be demoted to the employee's previously-held class of positions at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.2.2 An employee demoted during the promotional probationary period shall be returned to the employee's previously-held class of positions and shall receive a written notice of the reasons for demotion, a copy ot which shall be sent to the � Union. ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The Employer and the Union are in full agreement that the philosophy of employment and compensation shall be a"cash" hourly wage and "industry' fringe benefit system. 72 The Employer shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages) and 13 (Fringe Benefits). 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this Agreement. u K3 ARTICLE 8. HOURS OF WORK � � The normal workday shall be eight (8) consecutive hours per day, exduding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. The normal work week shall be five (5) consecutive normal workdays Monday through Friday. 8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. � 8.5 � This Section shall not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal work week. AII employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established workday unless otherwise directed by their supervisor. All employees are subject to call back by the Employer as provided by Article 70 (Call Back). 8.7 Employees reporting tor work at ihe established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rafe, unless notification has been given noY to report for work prior to leaving home, or during the previous workday. ARTICLE 9. OVERTIME 9.� All overtime compensated for by ihe Empfoyer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit uniess approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 9.2 9.3 E� The overtime rate of one and one-ha(f (1-1/2) the basic hourly rate shali be paid for work performed under the following circumstances: 9.2.1 Time worked in excess of eight (8) hours in any one normal workday, and 922 Time worked in excess of forty (40) hours in any seven (7)-day period. For the purpose of calculating overtime compensation, overtime hours worked shall not be "pyramided;' compounded or paid twice for the same hours worked. Overtime hours worked as provided by this Article shall be paid in cash or in compensatory time. The method of payment shall be determined solely by the Employer. r� U r� �J . • ARTICLE 10. CALL BACK i0.1 The Employer retains the right to call back empfoyees before an employee has started a t normal workday or normal work week and after an employee has completed a normal workday or normal work week. 10.2 Employees called back shall receive a minimum of four (4) hours of pay at the basic � hourly rate. 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9(Overtime), when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or fess prior to their normal workday shall complete the normal workday and be compensated only for the overtime hours worked in accordance with Article 9 (Overtime). ARTICLE 11. WORK LOCATION 71.1 Employees shall report to the work location as assigned by a designated Employer supervisor. During the normal workday, employees may be assigned to other work locations at the discretion of the Employer. � 112 Employees assigned to work locations during the normal workday, other than their original assignment, and who are required to furnish their ow� transportation, shafl be compensated for mifeage, as set foRh in Article 27 (Mileage). ARTICLE 12. WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Regular employees and temporary employees shall be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13.1 (Fringe Benefits). � !.7 ARTICLE 13. FRINGE BENEFITS t3.1 The Employer shall make contributions on behaif of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix D for all hours worked. 13.2 The Employer will for the period of this Agreement provide, for those employees hired before February 15, 1974, and who were eligibie for the Employer's Health and Welfare premium contributions and who have retired since May 15, 1978 such health insurance premium contributions up to the same dollar amounts as are provided by the Employer at the date of early retirement and the cost of premium contributions toward $5,000 life insurance coverage until such employees reach sixty-five (65) years of age. In order to be eligibte for the premium contributions under the provision 132 and 13.3 the employee must: 132.1 1322 Be receiving benetits from a public employee retiree act at the Yime of retirement. Have severed the employment relationship with the City of Saint Paul and/or Independent School District No. 625 under one of the early retiree plans. 13.2.3 Inform the Human Resource Department of Independent School District No. 625 and Office of Human Resources, City of Saint Paul in wrifing within sixty (60) days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 13.3 An employee who retired at age si�cty-five (65) or later and who met the criteria in 13.2 or for early retirees who qualified under 132 and have reached age sixty-five (65) after retirement the Employer will provide payment of premium for a Medicare supplement health coverage policy selected by the Employer. ARTICLE 14. SELECTION OF FOREMAN AND GENERAL FOREMAN 94.1 14.2 14.3 The selection of personnel for the ciass of position Carpenter Foreman shatl remain solely with the Employer. The class of position Carpenter Foreman shall be filled by employees of the bargaining unit on a `Yemporary assignment" Ail `Yemporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal workday. � � • � u • ARTICLE 15. HOLIDAYS 15.1 The following nine (9) days shall be designated as holidays: New Year's Day Martin Luther King Jr. Day Presidents' Day Memoriai Day Independence Day Labor Day Thanksgiving Day The Day After Thanksgiving Christmas Day January 1 Third Monday in .lanuary Third Monday in February Last Monday in May Juiy 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25 15.2 When New Year's Day, Independence Day or Christmas Day talls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The nine (9) holidays shall be considered non-workdays. 15.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 10 (Call Back). 15.5 Employees assigned to work on Martin Luther King Day, Presidents' Day, or the day after Thanksgiving or sha11 be compensated on a straight-time basis for such hours worked. 15.6 Employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. 15.7 If Martin Luther King Day or Presidents' Day falfs on a day when school is in session, the employees shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be determined by agreement between the employee and his supervisor. ri ARTICLE 16, DISCIPLINARY PROCEDURES 16.1 16.2 The Employer shall have the right to impose disciplinary actions on employees for just cause. Disciplinary actions by the Employer shall include only the following actions: 162.1 Oral reprimand; 16.2.2 Written reprimand; 16.2.3 Suspension; 16.2.4 Demotion; i62.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shall retain all rights under Minn. Stat. §. 179A.20, Subd. 4, and thereby shall have the righf to request thai such actions be considered a"grievance" for the purpose of processing through the provisions of Article 22 (Grievance Procedure). Once an employee or the Union in the employee's behalf initiates review of an action, that matter shall not be again reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal workday have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 17.2 � 7.3 Failure to make such notification may be grounds for discipline as provided in Article 16 (Disciplinary Procedures). Failure to report for work without notification for three (3) consecutive normal workdays may be considered a"quit" by the Employer on the part of the employee. • � • :3 � ARTICLE 18. SENIORITY 1 S.1 For the purpose of this Article the following terms shall be defined as follows: �8.�.1 The term, "Empioyer," shall mean Independent School District No. 625, Saint Paul Pubfic Schools. 18.12 The term, "Master Seniority," shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to any class title with the Employer covered by this Agreement. 181.3 The term, "Class Seniorit�' shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a position with the Employer in a class title covered by this Agreement. This Section 18.1.3 is intended to mean that for any person no matter what the person's prior experience or how hired by the District, the person's class seniority starts at zero the day of appointment to a School District position in that title and begins to be calculated firom that date. An employee's Class Se�iority does not revert to zero fiollowing recail from an Employer initiated layoff within the twenty-four (24) month recall rights period specified in �8.4. This definition of class seniority would be used for all layoff decisions. � 18.2 Seniority sha{{ not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of ilfness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer; or to an elected or appointed full-time position with the Union. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer that it is necessary to reduce the workforce, employees will be laid off by class title within each department based on inverse length of "Class Seniority." Employees laid off by the Employer shall have the right to reinstatement in any lower-paid cfass title previously held which is covered by this Agreement, provided the employee has greater "Class Seniorit�' than the employee being repfaced. Recafl from layoff shail be in inverse order of layoff, except that recall rights shall expire atter twenty-four (24) months from the fast day of work preceding the layoff. No other Civil Service recall rights to this Employer shall apply. This provision does not address any rights the employee may have to be recalled to any other employer. 18.5 The selection of vacation periods shafl be made by dass title based on length of "Class Seniority," subject to the approval of the Employer. � ARTICLE 19. JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of the Empioyer, 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 19.3 In the event of a dispute concerning ihe perforrnance of assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work, 19.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 192 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20. SEPARATlON 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 20.1.1 20.1.2 20.1.3 Resipnation. Emptoyee resigning from employment shal� give written notice fourteen (14) calendar days prior to the effective date of the resignation. Discharqe. As provided in Article 16. Faiiure to Reoort for DuN. As provided in Article 17. 20.2 Emptoyees having a temporary employment status may be terminated at the discretion of the Employer before the completion of a normal workday. ARTICLE 21. TOOLS • � 21.1 AII employees shall personally provide themselves with the tools of the trade as listed in Appendix B. • 10 • ARTICLE 22. GRIEVANCE PROCEA�RE 22.1 The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the Stewards and of their successors when so named. 222 it is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 22.3 The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, except as previously noted in Article 16 (Disciplinary Procedures). Grievance is defined as an alleged violation of the terms and conditions of this Agreement. 22.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and � referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the tacts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shafl be considered waived. Steo2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt ofi the Employer's answer shall be considered waived. Steo 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated employer supervisor shall meet with the union business manager or his designated represeniative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the employer shall reply in writing to the Union stating the employer's answer concerning the grievance. lf, as a result of the written response, the grievance remains unresoived, the Union may refer the grievance to step 4. Any grievance not referred in writing by the Union to step 4 within seven (7) calendar days following receipt of the employer's answer shall be considered waived. • y� ARTICLE 22. GRIEVANCE PROCEDURE (confinued} Stee 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after ihe response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutualfy agree upon an arbitrator within the said seven (7)-day period, either party may request the Bureau of Mediation 3ervices to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1si) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent wifh or modifying or varying in any way the application of laws, rules or regulations having the torce and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, uniess the parties agree to an extension. The decision shall be based solely on the arbitrato�'s interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. � 22.6 The fee and expenses for the arbitrator's services and proceedings shall be borne equally � by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 Tfie fime limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. • 12 • ARTICLE 23. RIGHT OF SUBCONTRACT 23.'I The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction of the workforce covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day notice of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NONDISCRIMINATION 24.1 The terms and conditions of this Agreement will be applied to employees equally without regard to or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or non-membership in the Union. 24.2 Employees will perform their duties and responsibilities i� a non-d'+scriminatory manner as such duties and responsibilities involve other employees and the general public. � ARTICLE 25. SEVERABILITY 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 252 The paRies agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative or judicial determinatfon. � 13 ARTICLE 26. WAIVER . 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resuited in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employmenY. The agreements and understa�dings reached by the parties after the exercise of ihis right are fuily and completely set forth in this Agreement. 26.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shall not be obligated fo meef and negotiate over any term or condition of employment whether specifically covered or not specifically covered by this Agreemenf. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 27. MtLEAGE - INDEPENDENT SCHOOL DISTRICT NO. 625 Employees of the Schoof Disfrict, under policy adopted by the Board Education, may be reimbursed for the use of their automobiles for school business. The mileage allowance for eligible employees shall be 31 ¢ per mile, or such higher rate as may be established at the discretion of the Board. An employee must keep a record of each trip made. Reimbursement shall be for the � actual mileage driven in the performance of assigned duties as verified by the appropriate school district administrator and in accordance with Schoo! District Business Office policies and procedures. ARTICLE 28. COURT DUTY LEAVE Any employee who is required to appear in court as a juror or as a subpoenaed witness shall be paid his/her regular pay while so engaged, unless the court duty is the result of litigation undertaken by the employee or the Union against the Employer. Any fees that the employee shall receive from the court for such service shall be paid to the Employer. Any employee who is scheduled to work a shift other than the normal daytime shift, shall be rescheduled to work the normal day[ime shift during such time as he/she is required to appear in court as a juror or witness. . 14 . ARTiCLE 29. DURATfON AND PLEDGE 29.1 This Agreement shafl become efifiecCrve as of the date ot signing, except as specificaily provided othenvise in Articfes 12 and 13, and shail remain in effect through the 30th day ot April, 2004, and continue in efifect from year to year thereafter unless notice to Change or to terminate is given in the manner provided in Articie 25. 292 If either party desires to terminate or modify this Agreement efifiective as of the date of expiration, the party wishing to modify or terminate the Agreement shaif give written notice to the other party, not more than ninety (90) or less than si�cry (60) calendar days prior to the expiration date, provided that the Agreement may only be so terminated or mod'rfied effective as of the expirafion date. 29.3 In consideration of the terms and conditions of empioyment established by this Agreement and the recognition that ihe Grievance Procedure herein estabiished is the means by which grievances concerning its application or interpretation may be peacefully resolved, ihe parties hereby piedge that during the term of the Agreement: 29.3.1 The Union and the empioyees will not engage in, instigate or condone any concerted action in which employees faii to report for duty, wilifully absent themselves from work, stop work, siow down their work or absent themselves in whole or part from the fuil, faithful performance of their duties of empioyment. 29.3_2 The Employer wiil not engage in, instigate or condone any lockout of employees. � • 29.3.3 This co�stitutes a tentative agreement beriveen the parties which wiil be recomme�ded by the school board negotiator, but is subject to the approvai of the Board of Education and is also subject to ratification by fhe Union. The pasties agree and attest by the signature of the fol(owing representatives for the Employer and the Union that this represents the full and complete understanding of the parties for the period ot time herein specified. W ITNESSES: INDEPENDENT SCHOOL DISTRfCT NO. LAKES AND PLAINS REGIOSJAL COUNCtL 625 OF CARPENTERS AND ,lOINERS �ti� � —�.�_ { Chair, Soar Educ ' Sus+ness Manage ��.�h� �0 Negotiations/Labor Relations Manager Date Negotiations/ or Re ations Assistant Ma ager � Date 15 r��»�du7►7 � The classes of posifions recognized by the Empfoyer as being exclusively represented by the Union are as folfows: Carpenter Carpenter Foreman Apprentice - Carpenter and other classes of positions that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. 16 � � � APPENDIX C C1. The total hourly cost to the Employer for wages plus any and all contributions or deductions stated in Appendix D of this Agreement shall not exceed the following amounts; Carpenter Carpenter Foreman Effective 5-5-01 $34.69 $36.44 Effective Effective 5-4-02 5-3-03 C2. The total taxable hourly rate including wages and the vacation fund and holiday f�nd contributions in Appendix D and excluding all other benefit costs and obligations in Appendix D, for regular employees for whom the employer contributes to PERA and who are appointed to the following classes of positions shall be as follows: Carpenter Carpenter Foreman Effective Effective Effective Effective 5-5-01 9-8-01 5-4-02 5-3-03 $25.74 $25.69 � "' $27.41 $27.36 � "' • • C2A. The basic hourly wage rates in this Appendix (C2A) are for compensation analvsis pumoses o�. These figures represent the portion of the Appendix C1 rates above specifically allocated to wages. These rates do NOT include tarable contributions and therefore should NOT be used tor taxable payroll calculations. See Appendix C2 above for total taxable payroll information. Carpenter Carpenter Foreman Effective Effective Effective Effective 5-5-01 9-8-0'I 5-4-02 5-3-03 $22.67 $22.62 ' " $24.34 $24.29 ' `� � � � • � C3. The total taxabfe hourly rate including wages and tfie vacation corrtribution in Appendix D for regular and probationary employees who were hired on or after May �, 2000, and are exempt from PERA; for employees who opted out of receiving employer contributions to PERA during the period May 1, 2000 and December 30, 2000; and temporary employees appointed to the following classes of positions shall be: Carpenter Carpenter Foreman Effective 5-5-01 $27.06 $28.81 Effective 9-8-01 $27.0� $28.76 Effective Effective 5-4-02 5-3-03 � » .� If a temporary employee working in a title listed in this Appendix C3 becomes subject to the requirements of the Public Employees Retirement Act (PERA), which thereby requires the Employer to make contributions to PERA, the calculated hourly base rate may change so the Employer's cost does not exceed the amounts listed in C1 above. NOTES FOR APPENDICES G2, G2A AND C-3: * The May 4, 2002, hourly rates in Appendices C-2 shall be determined at a later date based on the allocation agreed to by the Employer and the Union of the May 4, 2002, total hourly cost stated in Appendix C-1. '" The May 3, 2003, hourly rates in Appendices C1, C2, C2A and C3 shall be determined at a later date based on the allocation agreed to by the Employer and the Union of the May 3, 2003, total hourly cost determined for the third year wage re-opener. C4. C5. The basic hourly wage rates Sor the Apprentice class of positions: This Sectio� is held open for the addition of appropriate Apprentice rates in the event the Employer initiates the employment of Apprentices. General Items if the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the rates in Appendix C, Sections C2 through C4 in such a way that the total cost of the package (wage rate plus contributions) remains constant and does not exceed the amounts shown in Appendix C, Section Ci. fi�.] APPENDIX D Effective May 5, 2001, the Employer shall forward the amounts designated in this Appendix D for employees covered by this Agreemer�t to depositories as directed by the Union and agreed to by the Employer. (1) $1.82 per hour for all hours worked trom which all appropriate payroA deductions have been made to a Union-designated Vacation/Dues Fund. (2) $125 per hour for all hours worked from which all appropriate payroll deductions have been made to a Union-designated Holidav Fund, for regular employees paid at the Appendix C4 rate. (3) (4) (5) $2.75 per hour for all hours worked to a Union-designated Health and Weffare Fund. $3.70 per hour for all hours worked to a Union-designated Defined Benefit Pension Fund. $1.00 per hour for all hours worked to a Union-designaYed Defined Contribution Pension Fund. (6) $.18 per hour for al! hours worked to a Union-designated Apprenticeship Fund. The Employer shall make legally established non-negotiated pension contributions to PERA. Changes in the mandated PERA rate may change the calculated hourly base rate of pay so the Employer's cost does not exceed the amounts listed in C1 above. Effective September 1, 2001, all full-time regularly employed carpenters will be covered under the school districYs group long-term disability plan. The cost for this plan will be deducted from the C7 total hourly cost. If the premium the district pays for this coverage increases or decreases thereby increasing or decreasing the premium cost for employees, fhe C1 total hourly cast will be adjusfed accordingly. All contributions made in accordance with this Appendix D shall be deducted from and are not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shall be forwarded to depositories as directed by the Union and agreed to by the Employer. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota statutes. Employees covered by this Agreement shall not be eligible for, governed by or accumulate vacation, sick leave, holiday, funeral leave, or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance or Council Resolutions. � � The Employe�'s fringe benefiY obligation to employees covered by this Agreement is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits ----- "�- --- ---providedtaecuplo�tees_shall be the responsibility of the Trastees ot the various funds to which the Employer has forwarded contributions ana7or d�ctiotts -----.-,____ __-_- ,__..__ u 20 � � � • ARTICLE Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Articie Article Article Article Article Article Article Article Article Article Article 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. TABLE OF CONTENTS TiTLE PAGE Preambie............................................................................................................ iv Purpose ..................................................................................................................1 Recognition............................................................................................................ 1 EmployerRights........-°°°° ....................................................................................2 UnionRights ........................................................................................................... 2 Scope The Agreement ...................................................................................... 2 ProbationaryPeriods .............................................................................................. 3 Philosophy of Employment And Compensation ..................................................... 3 Hoursof Work ......................°--°............................................................................4 Overtime................................................................................................................ 4 CallBack ................................................................................................................ 5 WorkLocation ........................................................................................................5 Wages.................................................................................................................... 6 FringeBe�efits ........................................................°.............................................7 Selection of Foreman and General Foreman ........................................................ 7 Holidays ................................................................................................................. 8 Disciplinary Procedures ......................................................................................... 9 Absences From Work ............................................................................................9 Seniority --......--° ................................................................................................... 10 Jurisdiction ........................................................................................................... 1'I Separation ............................................................................................................ 11 Tools....................................................................................................................11 Grievance Procedure ........................................................................................... 12 Rightof Subcontract ............................................................................................ 14 Non-Discrim ination ...............................................................................................14 SeverabiI ity ........................................................................................................... 14 Waiver ..................................................................................................................15 Mileage................................................................................................................. 15 CourtDuty Leave ................................................................................................. 15 Durationand Pledge ............................................................................................16 Appendix ....................................................................................................... 17 Appendix ....................................................................................................... 17 Appendix ................................................................................................ 18-19 Appendix ....................................................................................................... 20 � PREAMBLE This Agreement is entered into between Independent School District No. 625, hereinafter referred to as the Employer and the International Brotherhood of Painters and Allied Trades Local 61. hereinafter referred to as the Union. The Empfoyer and the Union concur that this Agreement has as its objective tfie promotion of the responsibilities of the Independent School District No. 625 for the benefit of the general pubiic through effective labor-management cooperation. The Employer and the Union both realize that this goal depends not only on the words in the Agreement bui rather primarily on attitudes between people at al! levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general public. � r • iv • ARTIG�E 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1.� Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest Ievel of employee performance that is consistent with the safety and well-being of all concerned; 1.1.2 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; �.1.3 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without Ioss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (Severability). ARTICLE 2. RECOGNITION � 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for afl personnel having an empfoyment status of regular, probationary, and temporary employed in the classes of positions defined in 2.2 as certitied by the Sureau of Mediation Services in accordance with Case No. 90-PCL-3108 dated December 29, 1989. 2.2 The classes of positions recognized as being exclusively represented by the Union are as listed in Appendix A. u ARTICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operaie and manage a!I manpower, facilities, and equipment; to establish funcYions and programs; to set and amend budgets; to determine the ufilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent manageria! function not specifically limited by this Agreement. 32 Any `Yerm or condition of employmenY' not established by this Agreement shall remain with the Employer to eliminate, modify or establish following written notification to the Union. ARTiCLE 4. UNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1.1 4.2 4.�.2 The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. The Union shall indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of this Article. The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Empfoyer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the `Yerms and conditions of employmenY' defined by Minnesota Statute §179A.03, Subdivision i9, for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. � s � 2 • ARTICLE 6. PROSATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) month probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.1.1 At any time during the probationary Qeriod an employee may be terminated at the discretion of the Employer without appeal to the provisions ot Article 22 (Grievance Procedure). 6.12 An employee terminated during the probationary period shafl receive a written notice of the reason(s) for such termination, a copy of which shall be seM to the Union. 6.2 All personnel promoted to a higher class of positions shall serve a six (6) month promotional probationary period during which time the employee's fitness and abilily to perform the class of positions' duties and responsibilities shall be evaluated. 6.2.1 At any time during the promotional probationary period an employee may be demoted to the employee's previously-held class of positions at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.2.2 An employee demoted during the promotional probationary period shall be returned to the employee's previously-held class of positions and shail receive a written notice of the reasons for demotion, a copy of which shall be sent to the � Unio�. ARTICLE 7. PHiLOSOPHY OF EMPLOYMENT AND COMPENSATION 7,1 The Employer and the Union are in full agreement that the philosophy of employment and compensation shall be a"cash" hourly wage and "industry' fringe benefit system. 72 The Employer shall compensate employees for afl hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages) and 13 (Fringe Benefits). 7.3 No other compensation or fringe benefits shall be accumulated or earned by an employee except as specifically provided for in this Agreement; except those employees who have individually optioned to be "grandfathered" as provided by Article 122. u ARTtCLE 8. HOURS OF WORK • 8,1 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 82 The normal work week shall be five (5) consecutive normal workdays Monday through Friday. 8.3 If, during the term of this Agreement, it is necessary in the Empioyer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This Section shall not be construed as, and is nof a guarantee of, any hours of work per normal workday or per normal work week. 8.5 AII employees shall be at the location designated by their supervisor, ready for work, at the estabiished starting time and shall remain at an assigned work location until the end of the established workday unless otherwise directed by their supervisor. 8.6 All employees are subject to call back by the Employer as provided by Articie 10 (Cail Back). 8.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notitication has been given not to report for work prior to leaving home, or during the previous workday. ARTICLE 9. OVERTfME 9.1 Time on the payrofl in excess of the normal hours set forth above shall be `overtime work" and shall be done oniy by order of the head of the department. An employee shall be recompensed for work done in excess of the normal hours by being granied compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the Employer. 9,2 The rate of one and one-half (i-1/2) the hourly rate shail be the overtime rate for work performed under the following circumstances: 92.1 Time worked in excess of eight (8) hours in any one normal workday, and 9.2.2 Time worked in excess of forty (40) hours in any work week. 7he time and one-half overtime rate shall be based on the total rate, including any premium pay, being earned during the overtime hours worked. For the purpose of calculating overtime compensation, overtime hours worked shall nof � u 0 • ARTICLE 10. CALL BACK t0.1 The Employer retains the right to call back employees before an employee has started a , normal workday or normal work week and after an employee has completed a normal workday or normal work week. 102 Employees called 6ack shall rece+ve a minimum of four (4) hours of pay at the basic � hourly rate. 10.3 The hours worked based on a call back shall be compensated in accordance with Articie 9(Overtime), when appficable, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal workday shall complete the normal workday and be compensated only for the overtime hours worked in acCOrdance with Article 9 (Overtime). ARTICLE 11. WORKLOCATION 11.1 Employees shall report to work location as assigned by a designated Employer supervisor. During the normal workday, employees may be assigned to other work locatio�s at the d'+scretion of the Employer. 112 Employees assigned to work locations during the normal workday other than their original � assignment, and who are required to furnish iheir own transportation, shalY be compensated Sor mileage, as provided '+n Article 27 (Mileage). • 5 ARTICLE 12. WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 122 Empioyees who were covered by the fringe benefits listed below prior to February i5, 1994, shall be considered for purposes ot Yhis Agreement, non-participaYing employees and shall continue to be covered by such benefits. They shall be subject to aIl other provisions of the Agreement, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (Fringe Benefits}. 122.1 Insurance premium contributions as established by Independent School District No. 625 including life and health insurance premium contributions for early retirees as of the time of the early retirement who have retired since May 23, 1973 in such time as they reach sixty-five (65) years of age. In order to be eligible for the health insurance premium contributions under the early retiree or retiree provision, the employee must: 12.2.1.1 1222 12.2.3 iP��C! 12.2.1.2 Be receiving benefits from a public empfoyee retirement acf at the time of retirement. Have severed the employment relationship with the City of Saint Paul and Independent School District No. 625 under one of the eariy retiree plans. 122.1.3 Inform the Personnel Offices of Independent School Districi No. 625 and the City of Saint Paul in writing within 60 days of employee's early retirement date tfiat he or she wishes to be eligible for early retiree insurance benefits. 12.2.1.4 Retire prior to April 30, 2000. Sick leave as established by the Civil Service Rules, Sectlon 20. Vacation as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. Nine (9) legal holidays as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision 1. 12.3 Regular employees not covered by the fringe benefits listed in Article 122 shall be considered, fior the purposes of this Agreement, participating employees and shall be compensated in accordance with Article 72.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article � 3(Fringe Benefits). 72.4 Temporary emptoyees shal! be considered, (or the purposes of this Agreement, participating employees and shall be compensated in accordance with Article 12.1 (Wages) and have fringe taenefit contributions and/or deductions made in their behalf as __...._---- ------- --, ----_----PFOVided-focby..Acticlel3_(�onge Benefits)_ _ �2.5 All regular employees employed after February 15, 1974, shali be considered, for the purpose of this Agreement, participating employees and shall be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Articfe 13 (Fringe Benefits). L � L� • • ARTICLE '13. FRINGE BENEFITS 13.1 The Employer shall make contributions on behalf of and/or make deductions from the wages of participating employees as defined by Articles 12.3, 12.4, and 12.5 covered by this Agreement in accordance with Appendix D for all hours worked. ARTICLE 14. SELECTION OF FOREMAN AND GENERAL FOREMAN 14.1 The selection of personnel for the class of position Painter Foreman shall remain solely with the Empfoyer. 14.2 The class of position Painter Foreman shall be filled by employees of the bargaining unit on a "temporary assignment " 14.3 All "temporary assignments" shall be made only at the direction of a designated Employer supervisor. 14.4 Such �temporary assignments" shall be made only in cases where the cfass of positions is vacant tor more than one (1) normaf workday. � � ARTICLE 15. HOLIDAYS • 15.1 The following nine (9) days shall be designated as holidays: New Year's Day, Martin Luther King, Jr. Day, Presidenfs' Day, Memorial Day, lndependence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Christmas Day, January � Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25. 152 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The nine (9) holidays shall be considered non-workdays. 15.4 If, in the judgment of ihe Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or "cailed back" in accordance with Articie 10 (Call Back). 15.5 Participating employees as defined in Articles 12.3, 12.4, and 12.5 assigned to work on Martin Luther King, Jr. Day, Presidents' Day or the day after Thanksgiving shall be compensated at the basic hourly rate for such hours worked. 15.6 Such participating employees assigned to work on New Year's Day, Memorial Day, independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated ai the rate of two (2) times the basic hourly rate for such hours worked. 15.7 If an empioyee other than a participating employee entitled to a holiday is required to work on Martm �uther King, Jr. Day, Presidents' Day or the day after Thanksgiving, the employee shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department permits or shall be paid on a straight-time basis for such hours worked in addifion to his regular holiday pay. If an employee other than a participating employee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Chnstmas Day, the employee shall be recompensed for work done on this day by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and- one-haH basfs for such hours worked in addition to his regular holiday pay. Eiigibiiity for holiday pay shall be determined in accordance with Section t, Subsection f of the Saint Paul Salary Ptan and Rates of Compensation. � 15.8 If Martin Luther King, Jr. Day, Presidents' Day or the day after Thanksgiving falls on a day --------------- --_--___._�hen�chool is in session, the employee shall work that day at straight time and another day shail be designated as the� o i ay. is tlesignated .__� agreement between the employee and his supervisor. . • � ARTICLE 16. DISCIPLINARY PROCEDURES 16.1 The Employer shall have the right to impose disciplinary actions on employees ior just cause. 162 Disciplinary actions by the Employer shail include only the following actions: �62.1 Oral reprimand; 16.2.2 Written reprima�d; 16.2.3 Suspension; 16.2.4 Demotion; 162.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shall retain all rights under Minnesota Statute §179A.20, Subd. 4, and thereby shafl have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions of Article 22 (Grievance Procedure). Once an employee or the Union in the employee's behalf initiates review of an action, that matter shall not again be reviewed in another forum. Oraf reprimands shall not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.t Employees who are unable to report for their normal workday have the responsi6ility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 17.2 17.3 Failure to make such notification may be grounds for discipline as provided in Article 16 (Disciplinary Procedures). Failure to report for work without notification for three (3) consecutive normal workdays may be considered a"quit" by the Employer on the part of the employee. �.�J ARTICLE 18. SENIORITY • 18.1 For the purpose of this Article the following terms shall be defined as follows: 18.1.1 The term, °Employer," shall mean Independent School District No. 625, Saint Paul Public Schools. 18.1.2 The term, °Master Seniority,° shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to any class title with the Employer covered by this Agreement. 18.1.3 The term, "Class Seniority' shal! mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a position with the Employer in a class title covered by this Agreement. This Section 18.�.3 is intended to mean that for any person no matter what the person's prior experience or how hired by the District, the person's class seniority starts at zero the day of appointment to a School District position in that title and begins to be calculated from that date. An employee's Class Seniority does not revert to zero following recall from an Employer initiated layoff within the twenty-four (24)-month recall rights period specified in 18.4. This definition of ciass seniorify would be used for all lay-off decisions, 182 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed ful!-time position with � the Union. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer that it is necessary to reduce the workforce, employees will be laid off by class title within each Department based on inverse length of "Class Senioriry." Empioyees laid off by the Employer shall have the right to reinstatement in any lower-paid class title previously held which is covered by this Agreement, provided the employee has greater "Class Seniority" than the employee being replaced. Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after twenty-four (24) months from the Iast day of work preceding the layoff. No other Civil Service recall rights to this Employer shall apply. This provision does not address any rights the employee may have to be recatled to any other employer. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority," subject to the approvai of the Employer. � . 10 • � � ARTICLE 19. JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing empfoyees of the Empfoyer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 19.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Empfoyer and as clarified by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20. SEPARATION 20.1 Empfoyees having a probationary or regufar employment status shalf be considered separated from employment based on the tollowing actions: 20.1.1 20.1.2 20.1.3 Resiqnation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. Discharqe. As provided in Article 16. Failure to Reoort for Dutv. As provided in Article 17. 202 Employees having temporary employment status may be terminated at the discretion of the Employer befiore the completion of a normal workday. ARTICLE 21. TOOLS 21.� AII employees shall personally provide themselves with the tools of the trade as listed in Appendix B. 11 ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shall recognize Stewards selected in accordance witfi Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the Stewards and of their successors when so named. 22.2 It is recognized and accepted by the Employer and the Union Yhat the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 22.3 The procedure established by this Articie sha(I, except as previously noted in Article i6 (Disciplinary Procedures), be the sole and exclusive procedure, for the processing of grievances, which are defined as an alleged violation of the terms and cortditions of this Agreement. 22.4 Grievances shall be resolved in conformance with Yhe following procedure: • Steo 1. Upon the occurrence of an alleged violation of Yhis Agreement, Yhe employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature � of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within seven (7} days of the date when the grievant with the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievartce, shall be considered waived. Step2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days foliowing receipt of the Employe�'s answer shall be considered waived. \ J 12 • ARTICLE 22. GRIEVANCE PROCEDURE (continued) Step 3. Within seven (7) cafendar days following receipt of a grievance referred from Step 2, a designated Employer Supervisor sha!! meet wfth the Union Business Manager or the designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. if, as a resuit of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not reterred in writing by the Union may refer the grievance to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 4. if the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7)-day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no � authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifyi�g or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application ofi the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, a�d the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible fior compensating its own representative and witnesses. If either party cancels an arbitration hearing or asks for a last-minute postponement that leads to the arbitrator's making a charge, the canceling party or the party asking for the postponement shall pay this charge. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays tor the record. 22.7 The time limits in each step of this procedure may be exte�ded by mutual agreement of the Employer and the Union. • 13 ARTICLE 23. RIGHT OF SUBCONTRACT • 23,1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such coniracting would result in a reduction of the workforce covered by this Agreement, the Employer shall give the Union a ninery (90) calendar day notice of the intention to subcontract. 232 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance wifh Ordinance No. 14013. ARTICLE 24. NON-DISCRIMINATION 24.t The terrns and conditions of this Agreement will be applied to employees equally without regard to or discriminaYion for or against, any individual because ot race, color, creed, sex, age or because of inembership or non-membership in the Union. 242 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 25. SEVERABILITY 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legisiative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. Alt other provisions shall continue in full force and effect. 252 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of fhe Agreement in compliance with the legislafive, administrative or judiciai determination. � �� • 14 � ARTtCLE 26. WAIVER 26.1 The Employer and the Union acknowfedge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any sub}ect concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fulfy and completely set forth in this Agreement. 262 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or condition of employment whether specifically covered or not specifically covered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with ihis Agreement, are hereby superseded. ARTICLE 27. MILEAC�E - INDEPENDENT SCHOOL DISTRICT NO. 625 Employees of the School District, under policy adopted by the Board Education, may be reimbursed for the use of their automobiles for school business. The mileage aflowance fior eligible employees shall be 31 rC per mile, or such higher rate as may be established at the � discretion of the Board. An employee must keep a record of each trip made. Reimbursement shall be for the actual mileage driven in the performance of assigned duties as verified by the appropriate school district administrator and in accordance with School District Business Office policies and procedures. ARTICLE 28. COURT DUTY LEAVE Any employee who is required to appear in cour[ as a juror or as a subpoenaed witness shal! be paid hislher regular pay while so engaged, unless the court duty is the result of litigation undertaken by the employee or the Union against the Employer. Any fees that the employee shali receive from the court for such service shall be paid to the Employer. Any employee who is scheduled to work a shift other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as helshe is required to appear i� court as a juror or witness. . 15 ARTICLE 29. DURATION AND PLEDGE 2� 1 This Agreement shall become effective as of the date of signing, except as spec�caily provided otherwise in Articies 12 and 13, and shal► remain in effeci through the 30th day of April, 2004, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 292. 292 tf either party desires to tertninate or mod'rfy this Agreement effective as of the date of expfration, the party wishing to modify or tertninate the Agreement shali give written noGce to the other party, not more than ninety (90) or iess than sixty (60) calendar days prior to the expiration dafe, provided that the Agreement may only be so tertninated or modfied effective as of fhe expiration date. 29.3 In consideration of the terms artd conditions of employment established by this Agreemeni and the recognition that the Grievance Procedure herein established is the means by which grievances conceming its appiication or interpretaYion may be peacefuliy resolved, the parties hereby ptedge that during the term of the Agreement: 29.3.1 The Union and the empioyess will not engage in, instigate or condone any concerted action in which empioyees faii to report for duty, wilHully absent themselves from work, stop work, slow down their work or absent themselves in whole or part from ihe full, fadhful pertormance of their duties of employment. 29.32 The Empfoyer will not engage in, instigate or condone any lockout of employees. 29.3.3 This constitutes a tentaGve Agreement between the parties which will be recommended by the schoot board negotiator, but is subject to the approva( of the Board of Education, and is also subject to rat"rfication by the Union. Agreed fo and attested to as the full and compiete understanding of the parties for the period of time herein specified by the signature of the foilowing representaUves for the Employer and the Union. � � W ITNESSES: INDEPENDENT SCHOOL DISTR(CT NO. 625 tNTERNATIONAL UIV(ON OF PAINTERS AND ALLIED TRADES D(STRICT COUNCIL 82 BusJ,n �'fa g `��/� �/�,� I Date Assistant Manager _ _ �l, o�b � � ----__ __ __ _ Da _._..--- . _.__�____ _,____. _�---,._ __ • 16 • APPENDIX A The classes of positions recognized by the Employer as being exclusively represented by the Union are as follows: Pairrter Painter Foreman Apprentice - Painter and other classes of positions that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. APPENDIX B • Duster Wall Scrapers Putty Knife Broad Knife Hammer Screwdrivers � 17 APPENDIX C C-7. The total hourly cost to the Empioyer for wages plus any and all contributions or deductions stated in Appendix D of this Agreement shall not exceed the following amounts: Painter Painter Foreman Effective 5-5-01 $33.78 $34.78 Effective 5-4-02 $35.63 $36.63 Effective 5-4-03 C-2. The total taxable hourly rate including wages and the vacation and working assessment contributions in Appendix D and excluding all other benefit costs and obligations in Appendix D, for regular and probationary employees for whom the employer contributes to PERA and who are appointed to the following classes of positions shall be as follows: Effective Effective Effective Effective 5-5-07 �2-29-01 5-4-02 5-4-03 Painter $22.20 $22.13 ' "' Painter Foreman $23.15 $23.07 ' " Note: The December 29, 2001, rate change is due to a change in the mandated PERA rate. C-2A. The basic hourly wage rates in this Appendix (C-2A) are for compensation ana sis aurposes onlv. These figures represent the portion of the Appendix C-1 rates above specificalty ailocated to wages. These rates do NOT include ta�cabie benefit contributions and therefore should NOT be used for tanable payroti calculations. See Appendix C-2 above for total taxable payroll information. Effective Effective Effective Effective 5-5-01 12-29-01 5-4-02 5-4-03 Painter $20.70 $20.63 ' " Painter Foreman $21.65 $21.57 ' " Note; The December 29, 2001, rate change is due to a change in the mandated PERA rate. C3. The total taxable hourly rate inciuding wages and the vacation contribution in Appendix D for temporary employees appointed to the foilowing cfasses of positions shall be: Effective Effective Effective 5-5-01 5-4-02 5-4-03 Painter $25.00 * '* . ..._..,- -----__...—__ �._ . - Painter Foreman $26.00 " _ �"—'""'� -- --�-�- �- - If a temporary employee working in a titie listed in this Appendix C-3 becomes subject to the requirements of the Public Emp�oyees Retirement Act (PERA), which thereby requires the Emp�oyer to make contributions to PERA, the calculated hourly rate may change so the Employer's cost does not exceed the amounts listed in C-1 above. � � � m • APPENDIX C (continued) C-4. The total taxable hourly rate including wages and the vacaiion contribution in Appendix D for regular and probationary employees who were hired on or after May 1, 2001, and are exempt from PERA and for employees who opted out of receiving employer contributions to PERA during the period May 1, 2001 and December 30, 200'I, who are appointed to the following classes of positions shall be: Painter Painter Foreman Effective 5-5-01 $23.35 $24.35 NOTES FOR APPENDICES G2. G2A, G3, and G4: .+ ., The May 4, 2002, hourly rates in Appendices C-2, C-2A, C-3, and C-4 shall be determined at a later date based on the allocation agreed to by the Employer and the Union of the May 4, 2002, total hourly cost stated in Appendix G-1. `* The May 3, 2003, hourly rates in Appendices Ca, C2, C2A, C3, and C-4 shall be determined at a later date based on the allocation agreed to by ihe Employer and the Union of the May 3, 2003, total hourly cost determined for the third year re- opener. � C-5. The basic hourly wage rates for the Apprentice class of positions: This Sectfon is held open for the addition of appropriate Apprentice rates in the event the Empfoyer initiates the employment of Apprentices. If the Union elects to have the contributions Iisted in Appendix D increased or decreased, the Employer may ad�ust the rates in Appendix C, Sections C-2 through C-4 in such a way that the total cost of the package (wage rate plus contributions) remains constant and does not exceed the amounts shown �n Appendix C, section C-1. PREMIUM PAY ASSIGNMENTS: W hen performmg the following types of work, the rate of pay shall be seventy-five cents ($.75) per hour over the basic hourly wage rate oE any cfass of positions. Sandbtast�ng, hot water pressure washing, swing stage work, erected structural steel skeleto� work, all bridge work, ail exterior work where safety belt or window }acks are used, spray painting and when applying materials over 50% creosote, for application of aII two-component epoxy materials. • Effective Effective 5-4-02 5-4-03 19 APPENDIX D Effective May 5, 2001, the Employer shatl forward the amounts designated in this Appendix D for participating employees covered by this Agreement and defined in Articles 12.3, 12.4, and 12.5 to depositories as directed by the Union and agreed to by the Employer: (1) $1.50 per hour for aIl hours worked from which all appropriate payroll deductions have been made to a Union-designated Vacation Fund. (2) $3.15 per hour for all hours worked to a Union-designated Health and Welfare Fund. (3) $4.50 per hour for all trours worked to a Urtion-designated Pension Fund (4) $2.50 per hour tor all hours worked to a Union-designated international Pension Fund, for regular employees paid at the Appendix C-2 and C-4 rate; $.85 per hour for all hours worked for temporary employees paid at the Appendix C-3 rate. (5) $28 per hour for alt hours worked to a Union-designated Apprenticeship Fund. The Employer shall make legally estahlished non-negotiated pension contributions to PERA. Changes in the mandated PERA rate may change the calculated hourly base rate of pay so the Employer's cost does not exceed the amounts listed in C-� above. � All contributions made in accordance with this Appendix D shalf be deducted from and are not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shall be forwarded to depositories as directed by the Union and agreed to by the Employer. The Employer shall establish Workers' Compensation and Unempioyment Compensation � programs as required by Minnesota statutes. PaKicipating empbyees as defined in Articles 72.3, 12.4, and 12.5 covered by this Agreement shal! not be eligible for, governed by or accumulaYe vacation, sick leave, holiday, funeral leave, or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance or Council Resolutions. The Employer's fringe benefit obligation to participating employees as defined in Articles 12.3, 12.4, and 12.5 is limited to the contributions andlor deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. • � • . � • ARTICLE Article Article Article Article Article Article Article Article Article Article Article Article Article ArtiCle Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. TABLE OF CONTENTS TITLE PAGE Preamble................................................................................................................ iv Purpose .................................................................................................................. 1 Recognition............................................................................................................ 1 EmployerRights ..................................................................................................... 1 UnionRights ...........................................................................................................2 Scopeof the Agreement ........................................................................................ 2 ProbationaryPeriods .............................................................................................. 3 Philosophy of Employment and Compensation ..................................................... 3 Hoursof Work ........................................................................................................4 Overtime................................................................................................................ 4 CalfBack ................................................................................................................ 5 WorkLocation ........................................................................................................5 Wages .................................................................................................................... 6 FringeBenefits ....................................................................................................... 7 Selection of Lead Bricklayer and General Lead Bricklayer .................................... 7 Holidays................................................................................................................. 8 Disciplinary Procedures ......................................................................................... 9 Absences From Work ............................................................................................9 Seniority............................................................................................................... 10 Jurisdiction........................................................................................................... 11 Separation............................................................................................................ 11 Tools.................................................................................................................... 11 Grievance Procedure ......................................................................................12-13 Rightof Subcontract ............................................................................................14 Non-Discrimination ...............................................................................................14 Severability ...........................................................................................................14 W aiver .......................................°°°-°--°°--......---..................---.._......................... 15 Mileage - Independent School District No. 625 .................................................... 15 CourtDuty Leave ................................................................................................. 15 Durationand Pledge ............................................................................................ 16 AppendixA ..................................................................................................... 17 AppendixB ..................................................................................................... 17 AppendixC ................................................................................................18-19 AppendixD .....................................................................................................20 � • PREAMBLE This Agreement is entered into between Independent School District No. 625, hereinafter referred to as the Employer and the Bricklayers and Allied Craftsworkers Local Union No. 1, 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 Independent School District No. 625 for the benefit of the general public through 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 Yhe needs of the general public. i C� ,� • ARTICLE 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1.1 Achieve order{y and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safiety and well-being of alf concerned; �.12 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; 1.�.3 Estabfish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. It any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (Severability). ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for collective � bargaining purposes for all personnel having an employment status of regular, probationary, and temporary employed in the classes of pos+tions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 90-PCL-3142 dated February 2, 1990. 22 The classes of positions recognized as being exclusively represented by the Union are as listed in Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all manpower, facilities, and equipment; to establish tunctions 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. 32 Any "term or condition of employment" not established by this Agreement shall remain with the Employer to eliminate, modify or establish following written notification to the Union. • ARTICLE 4. UNION RIGHTS _ 4.2 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1.1 4.1.2 The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. The Union shal! indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of tfiis Article. The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the Employer in writing ot such designaYion. Such employee shall have the right and responsibilities as designated in Article 22 (Grievance Procedure). 4,3 Upon notification to a designated Employer supervisor, the President of the Union or the designated representative shall be permitted to enter the facilities of the Employer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the `Yerms and conditions of employment" defined by Minnesota Statute § 179A.03, Subdivision 19, for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. . i • • ARTICLE 6. PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired fiollowing separation, in a regular employment status shall serve a six (6) month probationary period during which time the employee's fdness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.1.1 At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeaf to the provisions of Articfe 22 (Grievance Procedure). 6.1.2 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 62 All personnel promoted to a higher class of positions shall serve a six (6) month promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.2.1 At any time during the promotional probationary period an employee may be demoted to the employee's previously-held class of positions at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.22 An employee demoted during the promotional probationary period shall be returned to the employee's previo�sly-held class of positions and shall receive a written notice of ihe reasons for demotion, a copy of which shall be sent to the � Union. ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The Employer and the Union are in full agreement that the philosophy of employment and compensation sha11 be a"cash" hourry wage and "industr�' fringe benefit system. 7.2 The Employer shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages) and 13 (Fringe Benefits). 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this Agreement; except those employees who have individualfy optioned to be "grandtatfiered" as provided by Article 12.2. • ARTICLE 8. HOURS OF WORK � 8.1 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 82 7he normal work week shall be five (5) consecutive normal workdays Monday through Friday. 8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This Section shall not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal work week. 8.5 AII employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain af an assigned work location unfil the end of the established workday unless otherwise directed by their supervisor. 8.6 All employees are subject to call back by the Employer as provided by Article i0 (Cal! Back). 8.7 Employees reporting for work at the established starting iime and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous workday. ARTICLE 9. OVERTIME � 9.1 All overtime compensated for by the Employer must receive prior authorization from a desfgnated Employer supervisor. No overtime work cfaim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 92 The overtime rate of one and one-half (1-1/2) the basic hourly rate shall be paid for work performed under the following circumstances: 9.2.1 Time worked in excess of eight (8) hours in any one normal workday, and 9.2.2 Time worked in excess of forty (40) hours in a seven (7)-day period. 9.3 For the purposes of calculating overtime compensation, overtime hours worked shall not be "pyramided," compounded or paid twice for the same hours worked. 9.4 Overtime hours worked as provided by this Article shall be paid in cash or in -� __ . ..._._,.,____ �P rY Y F� Y - c ensato time-astJeterfnt -b -the, m a ec_...�-- -.,_. • � • ARTICLE �0. CALLBACK 10.1 The Employer retains the rigM to call back employees before an employee has started a normal workday or normal work week and after an employee has completed a normal workday or normal work week. 102 Employees called back shall receive a minimum of four (4) hours of pay at the basic • hourly rate. 10.3 The hours worked based on a call back shall be compensated in accordance with Article 9(Overtime), when applicable, a�d subject to the minimum established hy 1�.2 above. 10.4 Employees calied back four (4) hours or less prior to their normal workday shaif compfete the normal workday and be compensated only for the overtime hours worked in accordance with Article 9 (Overtime). ARTICLE 11. WORK LOCATION 11.1 Employees shall report to work location as assigned by a designated employer supervisor. During the normal workday, employees may be assigned to other work focations at tfie discretion of the Employer. � 112 Employees assigned to work locations during the normal workday other than their original assignment, and who are required to furnish their own transportation, shall be compensated for mileage as set forth in Article 27 (Mileage). , • 5 ARTICLE 12. WAGES t2.1 The basic hourly wage rate as estab�ished by Appendix C shali be paid for all hours worked by an employee. 12.2 Employees who were covered by the fringe benefits listed below prior to February 4, 1974, shall continue to be covered by such benefits. They shall be subject to all other provisions of the Agreement, but shali not have hourly fringe benefif contributions and/or deductions made on their behalf as provided for by Article 13 (Fringe Benefits). 12.2.1.1 Be receiving benefits from a public employee retirement act at the time of retirement. 122.1.2 Have severed the employment relationship with the City of Saint Paul and Independent School District No. 625 under one of the early retiree plans. 122.1.3 Inform the Human Resource Office of Independent Schooi District No. 625 and the City of Saint Paul in writing within sixty (60) days of the employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits, 122.1.4 Retiree prior to April 30, 2000. 12.2.1 Insurance premium contributions as established by the Employer including life, hospital, and health insurance premium contributions as established as of the date of fhe earfy retirement for earfy retirees who have retired since May 8, 1978 until such time as they reach sixty-five (65) years of age. In order to be eligible for the insurance premium contributions under the early retiree provision, or retiree provision the employee must: � 2.2.2 122.3 12.2.4 Sick leave as established by Civil Service Rules, Section 20. Vacation as established by the Saint Pau! Salary Plan and Rates of Compensation, Section I, Subdivision H. Nine (9) legal holidays as established by Article 15 and the Saint Paul Salary Plan and Rates of Compensation, Section I. Subdivision I. 12.3 Regular employees not covered by the fringe benefits listed in Article 12.2 shall be considered, for the purposes of this Agreement, participating employees and shall be compensated in accordance with Article 12.1 {Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (Fringe Benefits). 12.4 Temporary employees shall be considered, for the purposes of this Agreement, participaYing employees and shall be compensated in accordance with Article 12.1 (Wages) and have fringe benefR contributions and/or deductions made in their behalf as provided for by Article 13 (Fringe Benefits). 12.5 purpase of this Agreement, participating employees and shal! be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made on tfieir beha(f as provided for by Article 13 (Fringe Benefits}. u �� 0 • ARTICLE 13. FRINGE BENEFITS 13.1 The Employer sha1l make contributions on behalf of and/or make deductions from the wages of participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this Agreement in accordance with Appendix D fior all hours worked. ARTICLE 14. SELECTION OF LEAD BRICKLAYER AND GENERAL LEAD BRICKLAYER 14.1 The selection and assignment of personnel for the classes of positions of Lead Bricklayer and Generaf Lead Brlcklayer shall remain solely with the Empfoyer. 14.2 The class of position of Lead Bricklayer shall be filled by employees of the bargaining unit on a "temporary assignment" 14.3 AN "temporary assignments" shall be made o�ly at the direction of a designated Empfoyer supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal workday. � � r� ARTICLE 15. HOLIDAYS • 15.1 The following nine (9) days shall be designated as holidays: New Year's Day Martin Luther King, Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day The Day After Thanksgiving Christmas Day January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September Fourth Thursday in Novem6er Fourth Friday in November December 25 15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The nine (9} hofidays shalf be considered non workdays. 15.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 10 (Call Back). 15.5 Employees assigned to work on Martin Luther King, Jr. Day, Presidents' Day or the day after Thanksgiving shall be compensated on a siraight-time basis for such hours worked. 15.6 Such participating employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Chrisfmas Day shali be compensated ai the rate of two (2) times the basic hourly rate for such hours worked. 15.7 !f an employee is req�ired to work on Martin Luther King, Jr. Day, Presidents' Day or the day after Thanksgiving, the employee shail be granted another day off with pay in lieu thereof as soon thereafter as fhe convenience of the department permits or the employee shall be paid on a straighi-time basis for such hours worked, in addition to the regular holiday pay. If an employee is required to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, the employee shall be compensated for work done on this day by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half basis for such hours worked, in addition to the regular holiday pay. Eligibility for holiday pay shal( be determined in accordance with Section I(onej, Subsection I of the Saini Paul Salary Plan and Rates of Compensation. ` � 15.8 Employees entitled to a holiday if Martin Luther King, Jr. Day, Presidents' Day or Veterans' Day falls on a day when school is in session, the employees shall work that day •------.----.-- -.-... .______. _aLsfr,aight_time_and another day shall 6e designated as the holiday. This designated holiday shall be a�day on whicFi scfioof"is no'f"'in" se'ssion �ttd°shaH• ----- --- - Agreement between the employee and the supervisor. � • ARTICLE 16. DISCIPLINARY PROCEDURES 16.1 The Employer shall have the right to impose disciplinary actions on empioyees for just cause. . 16.2 Disciplinary actions by the Employer shall include only the following actions: 16.2.1 Oral reprimand; 162.2 W ritten reprimand; 162.3 Suspension; 162.4 Demotion; i62.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shall retain all rights under Minnesota Statute § 179a.20, Subd. 4, and thereby shall have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions of Article 22 (Grievance Procedure). Once an employee or the Union acting in the employees behalf initiates review of an action, that matter shall not be reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.� Employees who are unable to report for their normal workday have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (Disciplinary Procedures). 17.3 Failure to report for work without notification for three (3) consecutive normal workdays may be considered a"quiY' by the Employer on the part of the employee. • ARTICLE 18. SENIORITY 18.1 For the purpose of this Article the following terms shall be defined as follows: 18.1.1 The Term, "Employer," Shall Mean Independent School District No. 625, Saint Paul Pubiic Schools, 18.1.2 The term, "Master Seniority," shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to any class title with the Employer covered by this Agreement. 18.1.3 The term, "Class Seniorit�' shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a position with the Employer in a class title covered by this Agreement. This Section 18.1.3 is intended to mean that for any person no matter what the person's prior experience or how hired by the District, the person's class seniority starts at zero the day of appointment to a School District position i� that titie and begins to be calculated from that date. An employee's Ciass Seniority does not revert to zero following recali from an Employer initiated layoff within the twenty-four (24)-month recall rights period specified in 18.4. This definition of class seniority would be used for all tayoff decisions. � 182 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time position with � the Union. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer fhaf it is necessary to reduce the workforce, employees will be laid off by class title within each Department based on inverse length of "Class Seniority." Employees laid off by the Employer shall have the right to reinstatement in any lower-paid class title previously held which is covered by this Agreement, provided the employee has greater "Class Seniority' than the employee being replaced. Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after twenty-four (24) months from the last day of work preceding the layoff. No other Civil Service recall rights to this Employer shall apply. This provisio� does not address any rights the employee may have to be recalled to any other employer. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority," subject to the approval of the Employer. � u 10 � � , • ARTICLE 19. JURISDICTION 19.1 Disputes concerning work jurisdiction beiween and among unions is recognized as an appropriate subject to determination by the various unions representing employees of the Employer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by mutual agreements between the unions involved. 19.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Employer sfia11 meet as soon as mutually possible to resofve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to resirict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20. SEPARATION 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 20.1.1 20.12 20.1.3 Resianation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. Discharpe. As provided in Article 16. Failure to Reqort for Dutv. As provided in Article 17. 20.2 Employees having a temporary employment status may be terminated at the discretion of the Employer before the completion of a normal workday. ARTICLE 21. TOOLS 21.1 AI! employees sha!! personally provide themselves with 4he tools of the trade as listed in Appendix B. 11 ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the Stewards and fheir successors when so named. 222 It is recognized and accepted by the Employer and the Union that the processing of grievances as herei�after provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee sha!! suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to work programs of the Employer. 22.3 The procedure established by this Article shall except as previously noted in Article 16 (Disciplinary Procedures), be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 22.4 Grievances shall be resolved in conformance with the following procedure: � � Step 1. Upon fhe occurrence of an alieged violation of tfiis Agreemenf, the employee involved shall attempt to resoive the maiter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informa( discussion, it may be reduced to writing and referred to Step 2 by the U�ion. The written grievance shall set forth the nature � of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced !o writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence or the event giving rise to the grievance, shall be cortsidered waived. Step2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resofve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days foitowing this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shali be considered waived. � � 12 � ARTICLE 22. GRIEVANCE PROCEDURE (continued) Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer Supervisor shall meet with the Union President or the designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing 6y the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7)-day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union sha�l strike the first (1st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide o�ly the specific issue submitted in writing by the Employer and the Union and shall have no � authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. • 13 ARTICLE 23. RIGHT OF SUBCONTRACT 23.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction of the workforce covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day notice of the intention to subcontract. 232 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NON-DISCRIMINATION 24.1 The terms and conditions of this Agreement will be applied to employees equally without regard to or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or non-membership in the Union. 242 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 25. SEVERABILITY 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 252 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative or judicial determination. � � • 14 • ARTICLE 26. WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resuited in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. 262 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or condition of employment whether specifically covered or not specifically covered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreemenis, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 27. MILEAGE - INDEPENDENT SCHOOL DISTRICT NO. 625 Employees of the School District, under policy adopted by the Board Education, may be reimbursed for the use of their automobiles for school business. The mileage allowance fior eligible employees shall be 31� per mile, or such higher rate as may be established at the discretion of the Board. � An employee must keep a record of each trip made. Reimbursement shall be for the actual mileage driven in the performance of assigned duties as verified by the appropriate school district administrator and in accordance with School District Business Office policies and procedures. ARTICLE 28. COURT DUTY �EAVE Any employee who is required to appear in court as a juror or as a subpoenaed witness shall be paid his/her regular pay while so engaged, unless the court duty is the result of litigation undertaken by the employee or the Union against the Employer. Any fees that the employee shall receive from the court for such service shall be paid to the Employer. Any employee who is scheduled to work a shift other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as he/she is required to appear in court as a juror or witness. � 15 ARTICLE 29. DURATION AND PLEDGE 29.1 292 29.3 This Agreemeni sha11 become effe�f'Ne as of the daie of signing, except as spec'rfically provided othervvise in Articles 12 and 13, and shail remain in effect through the 30th day of April 2004, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 282. If either party desires to terminate or modify this Agreement effective as of the date of expiration, the party wishing to modify or tertninate the Agreement shali give written notice to the other party, not more than ninety (90) or Iess than sixry (60) calendar days prior to the expiration date, provided that the Agreement may oniy be so terminated or modified effective as of the expiration date. In consideration of the terms and conditions of empioyment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances conceming its appiicaGon or interpretation may be peacefully resoived, the parties hereby piedge that during the term of the Agreement 29.3.1 The Union and the empioyees will not engage in, instigate or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work or absent themseNes in wfio(e or part from the ful(, faithful performance of their duties oi employment. 29.3.2 The Employer wiil not engage in, instigate or condone any lockout of employees. 29.3.3 This constitufes a tentative Agreement between the parties which wil! be recommended by the school board negotiator, but is subject to the approval of the Board of Education, and is also subject to ratification by the Union. Agreed to and attested to as the fuil and compiete understanding of the parties for the period of time herein specified by the signature of fhe foilowing representatives for the Employer and the Union. WiTNESSES: INDEPENDENT SCHOOL DISTRICT NO. 625 BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF MINNESOTA 1XCY �_ / �/�-cli.wl � jlltn",v'`^'p�-- Chair, Boa f Edu Bus ness Agent .Y-Z�> -O I Date (�,,� a y a G� r Date . �J • 16 � APPENDIX A . The classes of positions recognized by the Employer as being exclusively represented by the Union are as follows: Bricklayer Lead Bricklayer Generaf Lead Brickfayer Apprentice - Bricklayer and other classes of positions that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. APPENDIX B AII necessary hand tools. • 17 APPENDIX C C-1. The total hourly cost to the Employer for wages plus any and all contributions or deductions stated in Appendix D of this Agreement shall not exceed the following amounts: Bricklayer Lead Bricklayer General Lead Bricklayer Effective 5-5-01 $35.46 $37.96 $38.96 Effective 5-4-02 $37.46 �, �� $4� .46 Effective 5-3-03 C-2. The total taxable hourly rate including wages and the vacation and working assessment contributions in Appendix D and excluding all oYher benefit costs and obligations in Appendix D, for regular and probationary employees for whom the employer contributes to PERA and who are appointed to the following classes of positions shall be as follows: Bricklayer Lead Bricklayer General Lead Bricklayer Effective 5-5-01 $26.02 $28.40 $29.35 Effective 5-4-02 Effective 5-3-03 C-2A. The basic hourly wage rates in this Appendix (C-2A) are for compensation analvsis purposes onlv. These figures represent the portion of the Qppendix C-1 rates above specifically allocated to wages. These rates do NOT include taxable benefit contributions and therefore should NOT be used for taxable payroll calculations. See Appendiu C-2 a6ove for total tauable payroll information. Effective Effective 5-5-02 5-4-02 Bricklayer $23.34 " _._ _. ... _..... ------__,. _.---._. -- Lead Bricklayer $25.72 -- _.._,_. ,_....-_- , ^. General Lead Bricklayer $26.67 * Effective 5-3-03 � C� r 1 U iB3 • APPENDIX C (continued) C-3. The total taxabie hourly rate including wages and the vacation contribution in Appendix D for regular and probationary employees who were hired on or after May 1, 2001, and are exempt from PERA; for employees who opted out of receiving employer contributions to PERA during the period May 1, 2001 and December 30, 2001; and temporary emQloyees appointed to the following classes of positions shall be: Bricklayer Lead Bricklayer General Lead Bricklayer Effective 5-5-01 $27.37 $29.87 $30.87 Effective Effective 5-4-02 5-3-03 If a temporary employee working in a title listed in this Appendix C-3 becomes subject to the requirements of the Public Employees Retirement Act (PERA), which thereby requires the Employer to make contributions to PERA, the calculated hourly base rate may change so the Employer's cost does not exceed the amounts listed in C-1 above. • NOTES FOR APPENDICES C-2. C-2A AND C-3: The May 4, 2002, hourly rates in Appendices C-2, C-2A and C-3 shafl be determined at a later date based on the allocation agreed to by the Employer and the U�ion of the May 4, 2002, total hourly cost stated in Appendix C-1. " The May 3, 2003, hourly rates in Appendices Ca, C2, C2A and C3 shall be determined at a later date based on the allocation agreed to by the Employer and the Union of the May 3, 2003, total hourly cost determined for the third year reopener. C-4. The basic hourly wage rates tor the Apprentice class of posit+ons: This Section is held open for the addition of appropriate Apprentice rates in the event the Employer initiates the employment of Apprentices. � If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a way that the total cost of the package (wage rate plus contributions) remains constant and does not exceed the amounts shown in Appendix C, Section C-i . Effective May 5, 2001, when performing swi�g stage work, the rate of pay shall be fifty-five cents ($.55) per hour over the basic hourfy rate of the above classifications. Effective May 4, 2002, this rate will increase to si�cty cents ($.60); effective May 3, 2003, this rate will increase to sixty-five cents ($.65). fib'] _••.►.... Effective May 5, 2001, the Employer shall forward the amounts designated in this Appendix D for participating employees covered by this Agreement and defined in Articles 12.3, 12.4, and 12.5 to depositories as directed by the Union and agreed to by the Employer. (1) $2.68 per hour for all hours worked from which all appropriate payroll deductions have been made to a Union-designated Vacation Fund. (2) $3.40 per hour for all hours worked to a Union-designated Health and Welfare Fund. (3) $3.59 per hour for all hours worked to a Union-designated Pensio� Fund. (4) $1.00 per hour for all hours worked to a Union-designated International Pension Fund. (5) $.10 per hour for all hours worked to a Union-designated Apprenticeship Fund. The Employer shall make legally established non-negotiated pension contribufions to PERA. Changes in fhe mandated PERA rate may change the calculated hourly base rate of pay so the Employer's cost does not exceed the amounts listed in C1 above. � If the Union adds a Defined Pension Fund plan during the term of this agreement, the Employer shall make the appropriate deduction and forward the amounis designated by the Union to depositories as directed by the Union. Any new benefits fund will require a corresponding decrease in the taxable hourly rate of • pay. All contributions made in accordance with this Appendix D shall be deducted from and are not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shap be forwarded to depositories as directed by the Union and agreed to by the Employer. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. PaKicipating employees as defined in Articles 12.3, �2.4, and �2.5 covered by this Agreement shafl not be eligible for, governed by or accumulate vacafion, sick leave, holiday, funeral leave or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance or Council Resolutions. The Employer's fringe benefit obligation to participating employees as defined in Articles 12.3, 12,4, and 12.5 is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has fonuarded contributions and/or deductions. �� +Zil QR��l��L Presented by Referted To Committee Date RESOLUTION ClTY OF SAINT PAUL, MINNESOTA Council File # � �� l\51.., Green Sheet #_106856_ 13 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 Employment Agreements betcveen the Independent School District No. 625 and the following: Bricklayers and Allied Cra$sworkers Local Union No. 1 of Minnesota; International Union of Painters and Allied Trades District Council 82; Lakes and Plains Regional Council of Carpenters and Joiners; Mlnnesota Cement Masons, Plasterers and Shophands Loca1 633 and Operative Plasterers Local Union No. 265 to Establish Terms and Conditions of Employment for 2001-2004. Yeas Na s Absent Benanav �,/ Blakey ,/ Bostrom � colaman �. Harris � Lanhy � Reiter ,/ O p Adopted by Council: Date ��_l�j �.oa L Adoption Certified by Council Secretary I: , _ � • �. � -. . . � „�+� J� :,- �: � v /y / t�7%i %�� ' "� � � Requested by Depaz oE Office of Labor Relations By: Form Approvs by Ci � ney By: � t`� t� 6l Approved by Mayor for Submission to Council J BY� ��L � DEp��o�c�cot„vcn,: DA� ��p GREEN SHEET No.• 106856 0 � LABOR RELATIONS October 19, 2001 ' CONTACT PERSON & PHONE: p p7E �ry� JULIE KRAUS 266-6513 pS,qIGN I DEPARTMENT DIR. ' 4 CITY COUNCIL NUMBEg 2 CI7Y ATTORNEY CITY CLERK ��1iJST BE ON COUNCII, AGENDA BY (DATE) F�R BUDGET DIR � FIN. & MGT. SERVICE DIR ROUITNG 3 MAYOR (OA ASST.) ORDER TOTAL # OF SIGNATfJRE PAGES I (CLIP ALL LQCATIONS FQR SIGNATURE) ncnox �QUSSren: T1ris resolution approves the attached Employment Agreements between the Independent School District No. 625 and the followiug: Bricklayers and Allied Craftsworkers Local Union No. 1 of Minnesota; International Union of Painters and Allied Trades District Counci182; Lakes and Plains Regional Council of Carpenters and Joiners; Minnesota Cement Masons, Plasterers and Shophands Local 633 and Operative Plasterers Locai Union No. 265 to Establish Terms and Cond'ations of Employment for 2001-2004. RECOMMETJDAI'IONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER TFIE FOLLOWIlVG QUESTIONS: _PLANNING COMMISSION _CIVIL SERVICE COMMISSION l. Has this persoNfitm ever worked under a contract for th�s departrnenC? CIB COMM[TTEE Yes No STAFF 2. Haz this persoNfinn ever been a dty employee� _DIS1R[CT COURT yes No � SUPPORTS WHICH COiJNCIL OBJECTIVE� 3 Does th�s person/firm possus askiil not normally possessed by any current ciry employee? Yes No Explain alI yes answers on sepaYate sheet and attach to green sheet - 1MTIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why)� �"` � J � These aze Independent School District No. 625 contracts. � Pc�a�e��''l i'��&�� d�� z= ADVANTAGESIFAPYROVED' DISADVANTAGESiFAPPROVED: DISADVAN7'AGES IF NOT APPROVED: TOTAL AMO[JNT OF TRANSACTION: COST/REVEVUE BUDGETED: FUNDING SOURCE: ACTNITY NUMBER FINANCIAL INFORNWTION: (EXPLAIN) - ✓ oi��isy �+ ti;:lj if: �Th I 1:.. e� s: i s 1 a i a� t+ r t� Negotiations/Labor Relations Office Phone: 651 767-8228 Pax: 651 665-0269 MEMORANDUM T0: Julie Kraus City - Office of Labor Relations FROM: Wayne Arndt �� Negotiationsllabor Relations Manager DATE: October 12, 2001 SUBJECT: Labor Agreements for Independent School District No. 625 Enciosed are three copies of each of the folfowing labor agreements and a copy of the Board of EduCation approved agenda request for each bargaining unit: Srickiayers and Aliied Csaftworkers Locaf No. 1 of Minnesota international Union of Paintess and Allied Trades District Council 82 lakes and Plains Regional Council of Carpenters and Joiners Minnesota Cement Masons, Plasterers and Shopha�ds, Local 633 Operative Plasterers Loca( No. 265 /po Enclosures INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS ��'��'� DATE: July 24, 2001 TOPIC: Approval of an Employment Agreement with Bricklayers and Allied Craftsworkers Local Union No. 1 of Minnesota, to Establish Terms and Conditions of Employment for 2001-2004 A. PERTINENT FACTS: 1. New Agreement is for the three-year period May 1, 2001 through April 30, 2004. 2. Contract changes are as follows: Waqes: Wage and benefit changes reflect prevailing wage for the industry. The third year will be a reopener for wages oniy. New Title: The title of General Lead Bricklayer is created at $1.00 per hour over the rate of Lead Bricklayer. 3. The remaining language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has one regular F.T.E. in this bargaining unit. 5. The maintenance of buildings promotes a quality learning environment that supports the teaching target of preparing all students for life. 6. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager; Wayne Arndt, Negotiations/Labor Relations Manager; Richard Kreyer, Executive Director of Human Resources and Labor Relations; Patrick Quinn, Executive Director of School Services; and Lois Rockney, Executive Director of Business and Financial Affairs. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom Bricklayers and Allied Craftsworkers Local Union No. 1 of Minnesota is the exclusive representative; duration of said Agreement is for the period of May 1, 2001 through April 30, 2004. INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION p� _ 1t5 y SAINT PAUL PUBLIC SCHOOLS DATE: August 28, 2001 TOPIC: Approval of an Employment Agreement with Internationai Union of Painters and Aflied Trades District Council 82, to Establish Terms and Conditions of Employment for 2d01-2004 A. PERTINENT FACTS: 1. New Agreement is for the three-year period May 1, 2001 through April 30, 2004. 2. Contract changes are as foilows: Waaes: Wage and benefit changes reflect prevaiiing wage for the industry. The third year will be a reopener for wages only. Hofidavs: Changed holiday language to provide uniformity with other district contracts. 3. The remaining language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has nine regular F.T.E. in this bargaining unit. 5. The maintenance of buildings promotes a quality learning environment that supports the teaching target of preparing all students for life. 6. This request is submitted by Sue Gutbrod, NegotiationsJLabor Relations Assistant Manager; Wayne Arndt, NegotiationsJLabor Relations Manager; Richard Kreyer, Executive Director ot Human Resources and Labor Relations; Patrick Quinn, Executive Director of School Services; and Lois Rockney, Executive Director of Business and Financial Affairs. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this schooi district for whom International Union of Painters and Allied Trades District Councif 82 is the exclusive representative; duration ot said Agreement is for the period of May 1, 2001 through April 30, 2004. INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS O►-«Sy DATE: June 26, 2001 TOPIC: Approval of an Employment Agreement With Lakes and Plains Regional Council of Carpenters and Joiners, to Establish Terms and Conditions of Employment for 2001-2004 A. PERTINENT FACTS: 1. P1ew Agreement is for ihe three-year period May 1, 200i through April 30, 2004. 2. Contract changes are as follows: Waaes: Wage and benefit changes reflect prevailing wage for the industry. The third year will be a reopener for wages only Benefits: Regular employees will be provided long-term disability coverage under the districYs group plan. The base hourly rate of pay will be reduced to cover the cost of this benefit. 3. The remaining language provisions of the previous contract remain essentialfy unchanged, except for necessary changes to dates and outdated references. 4. The District has twelve regular F.T.E. in this bargaining unit. 5. The maintenance of buildings promotes a quality learning environment that supports the teaching target oS preparing all students for life. 6. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager; Wayne Amdt, Negotiations{Labor Relations Manager; Richard Kreyer, Executive Director oi Human Resources and Labor Relations; Patrick Quinn, Executive Director of School Services; and Lois Rockney, Executive Director of Business and Financial Affairs. B. RECOMMENDATION: That the Board of Education of Independent Schooi District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom Lakes and Plains Regional Council of Carpenters and Joiners is the exclusive representative; duration of said Agreement is fior the period of May 1, 2001 through Apri1 30, 2004. INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION 0� _t�S�l SAINT PAUL PUBLIC SCHOOLS DATE: July 24, 2001 TOPIC: Approval of an Employment Agreement with Minnesota Cement Masons, Plasterers and Shophands Local 633, to Establish Terms and Conditions of Employment for 2001-2004 A. PERTINENT FACTS: 1. New Agreement is for the three-year period May 1, 2001 through April 30, 2004. 2. Contract changes are as follows: Wa°es: Wage and benefit changes reflect the prevailing wage for the industry. The third year will be a reopener for wages only, 3. The remaining language provision of the previous contract remains essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has one employee in this bargaining unit. 5. The maintenance ot buildings promotes a quality learning environment that supports the teaching targei of preparing all students for life. 6. This request is submitted by Sue Gutbrod, NegotiationslLabor Relations Assistant Manager; Wayne Arndt, Negotiations/Labor Relations Manager, Richard Kreyer, Executive Director of Human Resources and Labor Reiations; Patrick Quinn, Executive Director of School Services; and Lois Rockney, Executive Director of Business and Financiaf Affairs. B. RECOMMENDATION: That the Board of Education of independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions ot employment of those employees in this schoof district for whom Minnesota Cement Masons, Plasterers and Shophands Local 633 is the exclusive representative; duration of said Agreement is for the period of May 1, 2001 through April 30, 2004. INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION SAINT PAItL PUBLIC SCHOOLS d �-��y DATE: August 28, 2001 TOPIC: Approval of an Employment Agreement With Operative Plasterers Local Union No. 265, to Establish Terms and Conditions of Employment for 2001-2004 A. PERTINENT FACTS: 1. New Agreement is for the three-year period June 1, 2001 through May 31, 2004. 2. Contract changes are as follows: Waaes: Wage and benefit changes reflect prevailing wage for the industry. The third year will be a reopener for wages onfy. F-folidavs: Changed holiday language to provide uniformity with other district contracts. 3. The remaining language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has two regular F.T.E. in this bargaining unit. 5. The maintenance of buildings promotes a quality learning environment that supports the teaching target of preparing all students for life. 6. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager; Wayne Arndt, Negotiations/Labor Relations Manager; Richard Kreyer, Executive Director of Human Resources and Labor Relations; Patrick Quinn, Executive Director of School Services; and Lois Rockney, Executive Director of Business and Financial Affairs. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of empfoyment of those employees in this school district for whom Operative Plasterers Local Union No. 265 is the exclusive representative; duration oi said Agreement is for the period oS June 1, 2001 through May 31, 2004. • � � • ARTICLE Article Article AAicle Article Article Article Article Article Article Article Article Artide Article Article Article Article Article Article Article ArtiCle Article Article Article Article Article Article Article Article Article 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. TABLE OF CONTENTS TiTLE PAGE Preamble................................................................................................................ iv Pu rpos e .................................................................................................................. 1 Recognition............................................................................................................1 EmployerRights .....................................................................................................1 UnionRights ...........................................................................................................2 Scope of the Agreement ...................................................:.................................... 2 ProbationaryPeriods .............................................................................................. 3 Philosophy of Employment And Compensation ..................................................... 3 Hoursof Work ........................................................................................................ 4 Overtime................................................................................................................ 5 CallBack ................................................................................................................ 5 WorkLocation ........................................................................................................ 6 Wages .................................................................................................................... 6 FringeBenefits ....................................................................................................... 6 Selection of Lead Plasterer and General Lead Plasterer ....................................... 7 Holidays................................................................................................................. 7 DisciplinaryProcedures ...._ ............................_........_......._.................................. 8 AbsencesFrom Work ............................................................................................8 Seniority................................................................................................................. 9 Ju risdiction ........................................................................................................... 10 Separatio ............................................................................................................ 10 Tools....................................................................................................................10 Grievance Procedure ........................................................................................... �1 Right Subcontract ............................................................................................ 13 Non-Disc ri m ination ............................................................................................... 13 Severabi ........................................................................................................... 13 Waiver ..................................................................................................................14 M ileage .................................................................................................................14 CourtDuty Leave ................................................................................................. 14 Quration Pledge ............................................................................................ 15 AppendixA ........................................................................................................... 17 AppendixB ...........................................................................................................17 AppendixC ......................................................................................................18-19 AppendixD ...........................................................................................................20 � PREAMBLE This Agreement is entered into beriveen Independent School District No. 625, hereinafter referred to as the Empioyer, and the Operative Plasterers and Cement Masons International Association Local 265, hereinafter referred to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibility of the Independent School District No. 625 for the benefit of the general public through effective labor-management cooperation. The Employer and the Union both reatize that this goal depends not only on the words in the Agreement but rather primarily on attitudes between people at all Ievels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general public. � � �J iv • ARTICLE 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1.'I Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee pertormance that is consistent with the safety and well-being of all concerned; 1.1.2 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; 1.1.3 Establish procedures to orderly a�d peacefiully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to fegislation that creates and directs the Employer. If any part of this Agreement is in conflict with such fegislation, the latter shafl prevail. The parties, on written notice, agree to negotiate that part in conifict so that it conforms to the statute as provided by Artic{e 25 (Severability), ARTIGLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for collective trargaining purposes for all personnel having an employment status of regular, � probationary, and temporary employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 90-PCL-3134 dated January 26, 1990. 2,2 The cfasses of positions recognized as being exclusively represented by the Union are as listed m Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage ali manpower, facilities, and equ�pmern: to establish functions and programs; to set and amend budgets; to determine the utdizat�on of technology; to establish and modify the organizational structure, to select, direct, and determine the number of personnel; and to perform any inherent managerial funct�on �ot specifically limited by this Agreement. 3.2 Any `term or condition of employmenY' not established by this Agreement shall remain with the Emptoyer to efiminate, modify or establish following written notification to the Union. • ARTICLE 4. UNION RlGHTS 4.1 The Employer shall deduct trom ihe wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by Yhe Union. 4.1.1 4.12 The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. The Union shall indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of this ARicle. 4.2 The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shall have the rights and respo�sibilities as designated in Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Employer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the `Yerms and conditions of employmenY' defined by Minnesota Statute § 179A.30, Subdivision 19, for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of empfoyment" established by Civil Service Rule, Council Ordinance, and Council Resolution, i � � 2 � � ARTICLE 6. PROBATIONARY PERIODS 6.i All personnel, originally hired or rehired following separation, in a regular emp{oyment status shall serve a six (6)-month probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.1.1 6.12 At any time d�ring the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions ot Article 22 (Grievance Procedure). An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termi�atio�, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher class of positions shalf serve a six (6) month promotional pro6ationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.2.1 At any time during the promotional probationary period an employee may be demoted to the employee's previously-held class of positions at the discretion of the Empfoyer wiihout appeal to the provisions of Article 22 (Grievance ProcedureJ. 62.2 An employee demoted during the promotional probationary period shall be returned to the employee's previously-held class of positions and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 7.2 7.3 The Employer and the Union are in full agreement that the philosophy of employment and compensation shall be a"cash" hourly wage and °industry' fringe benefit system. The Employer shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Article 12 (Wages) and Article 13 (Fringe Benefits). No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this Agreement. � ARTtCLE 8. HOURS OF WORK � 8.1 The normai workday shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 82 The normal work week shall be five (5) consecutive normal workdays Monday through Friday. 8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees fo enter into negotiations immediately to establish ihe conditions of such shifts and/or work weeks. 8.4 This Section shall not be construed as, and is not a guaranfee of, any hours of work per normal workday or per normal work week. 8.5 AI( employees shall be at the location designated by their supervisor, ready for work, at the established starti�g time and shall remain at an assigned work (ocation unfil fhe end of the estabiished workday unless otherwise directed by their supervisor. 8.6 All employees are subject to call back by the Employer as provided hy Article 10 (CaII Back). 8.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous workday. � r 4 � ARTICLE 9. OVERTIME 9.1 All overtime compensated for by the Empioyer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime c�aim will not be honored, even though shown on the t+me card, unless the required advance approval has been obtained. 92 The overtime rate of one and one-half (1-1/2) the basic houriy rate shall be paid tor work pertormed under the following circumstances: 9.2.1 Time worked in excess of eight (8) hours in any one normal workday; and 9.2.2 Time worked on a si�cth (6th) day following a normal work week. 9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work pertormed under the foflowing circumstances: 9.3.1 Time worked on a holiday as defined in Article 15 (Holidays); 9.3.2 Time worked on a seventh (7th) day following the normal work week; and 9.3.3 Time worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour period, provided that all "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (1-1/2). 9.4 For the purposes of calculating overtime compensation, overtime hours worked shall not be "pyramided," compounded or paid twice for the same hours worked. � 9.5 Overtime hours worked as provided by this ARicle shall be paid in cash or in compensatory time at the option of the Employer. ARTICLE 10. CALL BACK 10.1 The Employer retains the right to call back empioyees before an empfoyee has started a normai workday or normal work week and after an empioyee has completed a normal workday or normal work week. 102 Employees called back shall receive a minimum of four (4) hours of pay at the basic hourly rate. 10.3 The hours worked based on a call back shall be compensated in accordance with Article 9(Overtime), when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normai workday shall complete the normal workday and be compensated only for the overtime hours worked in accordance with Article 9 (Overtime). • 5 ARTICLE 11. WORK LOCATION 11.1 Employees shall report to work focation as assigned by a designated Employer supervisor. During the normal workday, employees may be assigned to other work locations at the discretion of the Empioyer. 112 Employees assigned to work locations during the normal workday other than their original assignment, and who are required to fumish their own transportation, shall be compensated tor mileage, as set forth in Article 27 (Mileage). ARTICLE 12. WAGES 12.1 The basic hourly wage rates as established by Appendix C shail be paid for all hours worked by an employee. �2.2 Regular employees and temporary employees shall be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (Fringe Benefits). ARTICLE 13. FRINGE BENEFlTS 13.1 The Emp�oyer shall make contributions on behalf of andlor make deductions from the wages of employees covered by this Agreement in accordance with Appendix D for all hours worked. 132 The Employer will for the period of this agreement provide, for those employees hired before February 15, 1974, and who were eligible for the Employer's Heatth and Welfare premium contributions and who have retired since June 1, 1978, such heatth insurance premium contributions up to the same dollar amounts as are provided by the Employer at the date of early retirement and the cost of premium contributions toward $5,000 life insurance coverage until such employees reach sixiy-five (65) years of age. In order to be eligibie for the premium coniributions under the provision 13.2 and 13.3 the employee must: 132.1 132.2 Be receiving benefits from a public employee retiree act at the time of retirement. Have severed the employment relationship with the City of Saint Paul andlor Independent School District No, 625 under one of the early retiree plans. 13.2.3 Inform the Human Resource Department of Independent School District No. 625 and Office of Human Resources, City of Saint Paul in writing within sbcty (60j days of empioyee's eariy retirement date that he or she wishes to be eligible for eariy retiree insurance 6enefits: 13.3 An employee who retired at age sixty-five (65) or later and who met the criteria in '13.2 or for early retirees who qualified under 13.2 and have reached age sixty-five (65) after retirement the Employer will provide payment of premium for a Medicare supplement health coverage policy selected by the Employer. � L � • 0 • � . ARTICLE 14. SELECTION OF LEAD PLASTERER AND GENERAL LEAD PLASTERER 14.1 The selection of personnel for the c{ass of position of Lead Plasterer shal{ remain solely with the Employer. ARTICLE 15. HOLIDAYS 15.1 The foifowing nine (9) days shafl be designated as unpaid holidays: New Year's Day Martin Luther King, Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day The Day Afler Thanksgiving Christmas Day January 1 Third Monday in January Third Monday In February Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25. 15.2 When New Year's Day, lndependence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The nine (9) holidays shall be considered non-workdays. 15.4 if, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 10 (Call Back). 15.5 Employees assigned to work on Martin Luther King, Jr. Day, Presidents' Day or the day atter Thanksgiving shall be compensated on a straight-time basis for such hours worked. 15.6 Employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic houriy rate for such hours worked. 15.7 If Martin Luther King Day, Presidents' Day, or the day after Thanksgiving falls on a day whe� school is in session, the employee shaA work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be determined by agreement between the employee and the supervisor. 7 ARTICLE 16. DISCIPLINARY PROCEDURES 16.1 16.2 The Empioyer shall have the right to impose discipiinary actions on empfoyees for just cause. Disciplinary actions by the Employer shall i�clude only the following actions: 162.1 Oral reprimand; 16.2.2 Written reprimand; 162.3 Suspension; 162.4 Demotion; 16.2.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shall retain all rights under Minnesota Statute § 179A20, Subd. 4, and there6y shall have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions of Article 22 (Grievance Procedure). Once an employee or the Union acting in the employee's behalf initiates review of an action, that matter shall not again be reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal workday have the responsibility to notity their supervisor of s�ch absence as soon as possible, but in no event later than the beginning of such workday. 17.2 17.3 Failure to make such notification may be grounds for discipline as provided in Article 16 (Disciplinary Procedures). Failure to report for work without notification for three (3) consecutive normal workdays may be considered a"quiY' by the Employer on the part of the employee. u � � • ARTICLE 18. SENIORITY 18.� For the purpose of this Article the following terms shall be defined as follows: 18.'1.1 The term, "Employer," shall mean Independent School District No. 625, Saint Paul Public Schools. 18.12 The term, "Master Seniority,° shall mean the length of continuous regular and probationary service with the Employer firom the date an employee was first appointed to any cfass titfe with the Employer covered by this Agreement. '18.1.3 The term, "Class Seniorit�' shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a position with the Employer in a class title covered by this Agreement. This Section 18.1.3 is intended to mean that for any person no matter what the person's prior experience or how hired by the District, the person's class seniority starts at zero the day ot appointment to a School District position in that title and begins to be calculated from that date. An employee's Class Seniority does not revert to zero following recall from an Employer initiated layoff within the twenty-four (24) month recall rights period specified in 18.4. This defiinition of cfass seniority would be used for all layoff decisions. 18.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of � illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Empfoyer or to an elected or appointed full-time position with the Union_ 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer that it is necessary to reduce the worktorce, employees will be laid off by class title within each Department based on inverse length of "Class Seniority." Employees laid off by the Employer shall have the right to reinstatement in any lower-paid class title previousiy hefd which is covered by this Agreement, provided the employee has greater "Class Seniorit�' than the empfoyee being replaced. Recall from layoff shall be in inverse order ot layoff, except that recall rights shall expire after twenty-four (24) months from the last day of work preceding the layotf. No other Civil Service recall rights to this Empfoyer shall apply. This provision does not address any rights the employee may have to be recalled to any other employer. 18.5 The selection of vacation periods shall be made by class title based on fength of "Class Seniority," subject to the approval of the Employer. � �1 ARTICLE 19. JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing emptoyees of the Employer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 19.3 In the event of a dispute concerning the performance or assignment of work, the unions involved arid ihe Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing sha!! restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 19.2 and 19.3 above shall be su6ject to disciplinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20. SEPARATION 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 20.1.1 Resiqnation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignaUon. 20.'12 Discharae. As provided in Article 16. 20.1.3 Failure to Reoort for DuN. As provided in Article 17. 202 Employees having a temporary employment status may be terminated at the discretion of the Employer before the completion of a normal workday. ARTICLE 21. TOOLS 21.1 All employees shall personally provide themselves with the tools of the trade as lisled in Appendix B. • CJ � 10 . ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shafl notify the Employer in writing of the names of the Stewards snd of their successors when so named. 222 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no �oss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs ofi the Employer. 22.3 The procedure established by this Article shall, except as previously noted in Articfe 16 (Disciplinary Procedures), be the sole and exclusive procedure for the processing oS grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 22.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and � refierred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any aNeged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reaso�able diligence should have had knowledge ot the first occurrence of the event giving rise to the grievance, shall be considered waived. Steo 2. With seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union wiihin three (3) calendar days following this meeting. The Union may refier the grievance in writing to Step 3 within seven (7) calendar days foilowing receipt of the Empioyer's written answer. Any grievance not reterred in writing by the Union within seven (7) calendar days following receipt oS the Employer's answer shall be considered waived. � 11 ARTICLE 22. GRIEVANCE PROCEDURE (continued) Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with fhe Union Business Manager or his designated representative and attempt to resoNe the grievance. Within seven (7) calendar days following this meeting, the Employer shall reply in writing to the Union stating the Employe�'s answer concerning the grievance. If, as a resuit oi the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbifrator wifhin the said seven (7)-day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike iwo (2) names from the panel. The Union shall strike the first (ist) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. • 22.5 The azbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be � without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be lafer, unless the parties agree to an e�ension. The decision shail be based soiely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on ihe Empioyer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equaliy by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party cancels an arbitration hearing or asks for a last-minute postponement that leads to the arhitrato�'s making a charge, the canceling party or the party asking for the postponement shall pay this charge. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The time fimits in each step of this procedure may be extended by mutuaf agreement of the Employer and the Union. � 12 � ARTICLE 23. RIGHT OF SUBCONTRACT 23.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting woutd result in a reduction of the workforce covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day notice of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTfCLE 24. NON-DISCRIMINATION 24.1 The terms and conditions of this Agreemerrt wifl be applied to employees equally without regard to or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or no�-membership in the Union. 24.2 Employees wifl perform their duties and responsibilities in a non-discriminatory manner as such duties and respons+bilities involve other employees and the general public. � ARTICLE 25. SEVERABILITY 25.� In the event that any provision(s) of this Agreement is declared to be contrary to Iaw by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue m full force and effect. 25.2 The part�es agree to, upon written notice, enter into negotiations to place the voided provis�ons oi the Agreement in compliance with the legislative, administrative or judicial determmation. � 13 ARTICLE 26. WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to a�y subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. 26.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or condition of employment whether speciiically covered or not specificaily covered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 26.3 Any and ali prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 27. MILEAGE - INDEPENDENT SCHOOL DfSTRICT NO. 625 Employees of fhe Schooi District, under policy adopted by the Board Education, may be reimbursed for the use of their automobiles for school business. The mileage aliowance for eiigible employees shall be 31¢ per mile, or such higher rate as may be established at the discretion of the Board. An employee must keep a record of each trip made. Reimbursement shall be for the actual mileage driven in the performance of assigned duties as verified by the appropriate school district administrator artd in accordance with School District Bus+ness Office policies and procedures. ARTICLE 28. COURT DUTY LEAVE Any employee who is required to appear in court as a juror or as a subpoenaed witness shall be paid his/her regular pay while so engaged, unless the court duty is the result of litigation undertaken by the empioyee or the Union againsY the Employer. Any fees that the employee shall receive from the court for such service shall be paid to the Employer. Any employee who is scheduled to work a shift other than the normal day[ime shift, shall be rescheduled to work the normal daytime shift during such time as he/she is required to appear in court as a juror or wftness. � � � 14 • ARTIC�E 29. DURATION AND PIEDGE 29.1 T!!i� Ag!eement shall become effective as of the date of signing, except as spec'rficaliy provided othenvise in Articies 12 and 13, and shali remain in effect though the 31st day of May 2004 and continue in effect from year to year thereafter uniess no6ce to change or to tertninate is given in the manner provided in 29.2. 292 lf either pariy desires to terminate or modify this Agreement effe�tive as of the date of expiration, the party wishing to mod'ifiy or terminate the Agreemerrt shalf give writien notice to the other party, not more than ninety (90) or fess than sixty {60) calendar days prior to the expiration date, provided that the Agreement may only be so terminated or modified eifective as of the expirafion date. 29.3 In consideration of the terms and conditions of empioyment estabiished by this Agreement and the recognftion that the Grievance Procedure herein estabiished is the means by which grievances concerning its application or interpretation may be peacefuily resolved, the parties hereby pledge that during the term of the Agreement: 29.3.1 The Union and the empioyees wili not engage in, instigate or condone any concerted action in which empioyees faii to report for duty, wiiifully absent themseives from work, stop work, slow down their work or absent themselves in whole or part from the full, faithfui performance of their duties of empioyment. 29.32 The Empioyer wiii not engage in, instigate or condone any lockout of empioyees. 29.3.3 This constitutes a tentative Agreement between parties which wi114e recommended by the schoot board negotiator, but is subject to the approval of the Board of • Education and is also subject to ratification by the Union. The parties agree and attest that this reQresents the fuil and complete understanding of the parties for the period of time herein specified by the signature of the following representatives for the Employer and the Union. W ITNESSES: INDEPENDENT SCHOOL DISTRICT NO. 625 • 15 OPERATIVE PLASTERERS AND CEMENT MASONS INTERNATIONAL Q/�o% i Date � APPENDIX A The classes of positions recognized by the Employer as being exclusively represented by the Union are as follows: Plasterer Lead Plasterer Apprentice - Plasterer and other classes of positions that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. � I_f17�G7ET All necessary hand tools. „ � 17 APPENDIX C C-1 The total hourly cost to the Employer for wages plus any and all contributions or deductions staled in Appendix D ot this Agreemeni shall not exceed the following amounts: Effective Effective Effective 6-2-01 6-7-02 5-31-03 $35.13 $37.03 " C-2 The total ta�cable hourly rate including wages and the vacation contribution in Appendix D and excluding aII other benefit costs and obligations in Appendix D, for regular and probationary employees appointed to the following classes of positions for whom the employer contributes to PERA shall be as follows: Effective 6-2-01 Effective 12-29-01 Effective Effective 6-1-02 5-31-03 Plasterer $25.13 $25.05 ., C-2A The basic hourly wage rates in this Appendix C, Section C-2A are for comaensation analvsis purposes onlv. These figures represent the portion of the Section C-1 rates above specifically allocated to wages. These rates do NOT include taxable contributions and therefore should NOT be used for taxable payroll calculations. See Section C-2 above for toYal taxable payroll information. Effective 6-2-01 Plasterer $20.48 Effective 12-29-01 $20.40 Effective Effective 6-1-02 5-31-03 • r �' u C-3 The total tauable hourly rate including wages and the vacation contribution in Appendix D for regular and probatiortary employees who were hired on or after May 1, 2001, and are exempt from PERA; for employees who opted out of receiving employer contributions to PERA during the period May 1, 2001 and December 30, 2004; and temporary employees appointed to the following classes of positions shal! be: Effective 6-2-01 Plasterer $26.43 Effective Effective 6-1-Q2 5-31-03 .. If a temporary employee working in a title listed in this Section C� becomes subject to the requiremenis of the Public Employees Retirement Act (PERA), which thereby requires the Employer to make contributions Yo PERA, the calculated hourly base rate may change so the Employer's cost does not exceed the amounts listed in C-1 above. NOTES FOR APPENDICES C-2, C-2A AND C-3: " The June 1, 20D2, hourky rates in Appendices G2 shall be determined at a later date based on the allocation agreed Yo be the Employer and the Union of the June 7, 2002, totai hourly cost stated in Appendix C-1. `* The May 3i, 2003, hourly rates in Appendices C1, C2, C2A and C3 shall be determined at a later dafe based on the allocation agreed to be the Employer and the Union of the May 31. 2003, total hourly cost determined for the third year wage re-opener. � 18 • APPENDiX C (continued) C-4 The basic hourly wage rates for the Apprentice cfass of positions: This Section is held open for the addition of appropriate Apprentice rates in the event the Employer initiates the employment of Apprentices. If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a way that the total cost of the package (wage rate plus contributions) remai�s constartt and does �ot exceed the amounts shown in Appendix C, Section C-1. • . 19 APPENDIX D Effective June 1, 2001, the Employer shall forward the amounts designated in this Appendix D for employees covered by this Agreement to depos+tories as directed by the Union and agreed to by the Employer: (1) $4.65 per hour for all hours worked from which all appropriate payroll deductions have been made to a Union-designated Vacation Fund. (2) $2.85 per hour for all hours worked to a Union-designated Health and Welfare Fund. (3) $5.75 per hour for all hours worked to a Union-designated Pension Fund. (4) $.10 per hour for aII hours worked to a Union-designated Aoarenticeship Fund. The Employer shall make legally established non-negotiated pension conYributions to PERA. Cha�ges in the mandated PERA rate may change the caiculated hourly base rate of pay so the Employer's cost does not exceed the amounts stated in C-1 above. All contributions made in accordance with this Appendix D shall be deducted from and are not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shall be forwarded to depositories as directed by the Union and agreed to bythe Employer. • The Employer shall establish Workers' Compensation and Unemployment CompensaYion programs as required by Minnesota Statutes, • Employees covered by this Agreement shall not be eligible for, governed by or accumulate vacation, sick leave, holiday, funeral leave or insurance fringe benefits that are or may be established by Personnel Rules Council Ordinance or Council Resolutions. The Empfoyer's fringe benefit obfigation to emp�oyees is fimited to the contributions and/or deductions esfab(ished by fhis Agreement. The acfual tevel of benefits provided to employees shali be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. • 20 • � r, �J TABLE OF CONTENTS ARTICLE TITLE Preambfe................°--°--°--°-......-°-°•-°-............. Article 1. Purpose ................................................................ ARicle 2. Recognition .......................................................... Article 3. Employer Rights .................................................., Article 4. Union Rights ........................................................ Article 5. Scope of the Agreement ..................................... Article 6. Probationary Periods ........................................... Article 7. Philosophy of Employment And Compensation .. Article 8. HoursoSWork ..................................................... Article 9. Overtime .............................................................. Articfe 10. Call Back ............................................................. Article 11. Work Location ..................................................... Article12. Wages ................................................................. Article 13. FringeBenefits .................................................... Articie 14. Sefection of Lead Cement Finishers ................... Article 15. Holidays ............................................................... Article 16. Discipiinary Procedures ....................................... Article 17. Absences From Work ......................................... Article 18. Seniority ............................................................... Article 19. Jurisdiction .......................................................... Article 20. Separation ........................................................... Article21. Toofs .................................................................... Article 22. GrievanceProcedure .......................................... Article 23. Right of Subcontract ............................................ Article 24. Nondiscrimination ................................................ Article 25. Severabifity .......................................................... Article26. Waiver ................................................................. Article Mileage ................................................................ Article 28. Court Duty Leave ................................................. Article 29. Duration of Pfedge ............................................... Appendix ..................................................... AppendncB ..................................................... AppendixC ..................................................... Appendix ..................................................... tlG PAGE ................................ iv ................................ 1 ................................1 ................................ 1 ................................ 2 ................................ 2 ................................ 3 ................................ 3 ................................ 4 ................................ 5 ................................ 5 ................................ 6 ................................ 6 ................................ 6 ................................ 6 ................................ 7 ................................ 8 ................................ 8 ................................ 9 ..............................10 .............................. 10 ............................... 10 ..........................11-12 ............................... 13 ............................... 13 ...............................13 ............................... 14 ............................... 14 ............................... 14 ...............................15 ............................... 16 ...............................16 ..........................17-18 ............................... 19 PREAMBLE This agreement is entered into between Independent School District No. 625, hereinafter referred to as the Empioyer, and Minnesota Cement Masons, Plasterers and Shophands Local 633, hereinafter referred to as fhe Union. The Employer and the Union concur that this agreement has as its objective the promotion of the responsibilitfes of the Independent School District No. 625 for the benefit of the general public through 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. • � . iv • ARTICLE 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this agreement is to: 1.1.1 Achieve orderly and peaceful relations, thereby establishing a system ofi uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of al1 concerned; 1.1.2 Set forth rates of pay, hours of work, and other conditions of employmeM as have been agreed upon by the Employer and the Union; 1.1.3 Establish procedures to orderly and peacefulfy resolve disputes as to the application or interpretation of this agreement without loss of productivity. 1.2 The Employer and the Union agree that this agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this agreement is to conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (Severability). ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnei having an employment status ot regular, � probationary, and temporary employed in the cfasses of positions detined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 90-PCL-3162 dated February 15, 1990. 22 The classes of positions recognized as being exclusively represented by the Union are as listed in Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perEorm any inherent managerial function not specifical�y limited by this agreeme�t. 3.2 Any "term or condition of employmenY' not established by this agreement shall remain with the Employer to eliminate, modify or establish following written notification to the Union." � ARTICLE 4. UNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union, 4.1.1 4.1 2 The Employer shall not deduct dues from the wages of employees covered by this agreement for any other labor organization. The Union shall indemnify and save harmless the Employer from any and al! claims or charges made against the Employer as a result of the implementation of this article. 4.2 The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Emptoyer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Employer where employees covered by this agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This agreement estabtishes the "terms and conditions ot employmenY' defined by Minnesota Statutes § 179A.03, Subdivision 19, for all employees exclusively represented by the Union. This agreement shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. • � �J 2 • ARTICLE 6. PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6)-month probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.1.1 At any time the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.1.2 An employee terminated during the probationary period shall receive a written notice of the reason(s} for such termination, a copy ot which shall be sent to the Union. 62 All personnel promoted to a higher class of positions shall serve a six (6) month promotional probationary period during which time the employee's fitness and abiliYy to perform the class of positions' duties and responsibilities shall be evaluated. 62.1 At any time during the promotional probationary period an empfoyee may be demoted to the employee's previously-held class of positions at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.2.2 An employee demoted during the promotional probationary period shall be returned to the employee's previously-held class of positions and sha�l receive a written notice of the reasons for demotion, a copy of which shall be sent to the � Union. ARTICLE 7. PNILOSOPNY OF EMPLOYMENT AND COMPENSATION 7.1 The Empfoyer and the Union are in full agreement that the philosophy of empioyment and compensation shafi be a"cash" hourly wage and "industry" fringe beneiit system. 7.2 The Employer shall compensate empioyees for ail hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages) and 13 (Fringe Benefits). 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this agreement. i ARTICLE 8. HOURS OF WORK 8.1 The normal workday shall be eighi (8} consecutive hours per day, excluding a thirty (30j minute unpaid Iunch period, between 7:00 a.m, and 5:30 p.m. 8.2 The normal work week shall be five (5) consecutive normal workdays Monday ihrough Friday. 8.3 If, during the term of this agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal workday or per norma! work week. 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established workday unless otherwise directed by their supervisor. 8.6 Afi empioyees are subject to call-back by the Employer as provided by Article 10 (Cail Back). 8.7 Empioyees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) f�ours, at the basic hourly rate, un(ess notification has been given not to report for work prior to leaving home, or during the previous workday. � � � 4 • ARTICLE 9. OVERTIME 9.'I AII overtime compensated for by the Empfoyer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance approvaf has been obtained. . 9.2 The overtime rate of one and one-half (1-'I{2) the basic hourly rate shalf be paid for work performed under the fiolfowing circumstances: 9.2.1 Tlme worked in excess of eight (8) hours in any one normal workday, and 9.2.2 Time worked on a sixth (6th) day following a normal work week. 9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the fallowing circumstances: 9.3.1 Time worked on a holiday as defined in Article 15.6 {Holidays). 9.32 Time worked on a seventh (7th) day foflowing a normal work week. 9.4 For the purposes ofi calculating overtime compensation, overtime hours worked shall not be "pyramided," compounded or paid twice for the same hours worked. 9.5 Overtime hours worked as provided by this article shall be paid in wages or in compensatory time as determined by the Employer. �.J ARTICLE 10. CALL BACK 10.1 The Employer retains the right to call back employees before an employee has started a normal workday or normal work week and after an employee has completed a normal workday or normal work week. 102 Employees called back shall receive a minimum of four (4) hours of pay at the basic hourly rate. 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9(Overtime), when applicabfe, and subject to the minimum established by 10.2 above. 10.4 Employees called back tour (4) hours or less prior to their normal workday shall complete the normal workday and be compensated only for the overtime hours worked in accordance with Article 9 (Overtime). � !.7 ARTICLE 11. WORK LOCATION 1 t.1 Employees shall repoR to work location as assigned by a designated Employer supervisor. During the normal workday, employees may be assigned to other work locations af the discretion of the Employer. 11.2 Employees assigned to work locations during the normal workday other than their original assignment, and who are required to furnish their own transportation, shall be compensated for mileage as set forth in Article 27 {Mileage). ARTICLE 12. WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. i22 Regular employees and temporary employees shall be compensated in accordance with Article �2.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf in accordance with Article 13.f (Fringe Benefits). ARTICLE 13. FRINGE BENEFITS 13.1 The Employer shall make co�tributions on behalf of and/or make deductions from the wages of employees covered by this agreement in accordance wiYh Appendix D for al! hours worked. Y 3.2 The Empioyer will for the period of this agreement provide, for those empioyees who were hired prior to February 15, 1974, and who were eligible for the Employer's Health and Weifare premium contributions and who have retired since May 8, �978, such health insurance premium contributions up to the same dollar amounts as are provided by the Employer at the date of early retirement and the cost of premium contributions toward $5,000 Iife insurance coverage until such employees reach sixty-five (65) years of age. In order to be eligible for the premium contributions under the provision 132 and 13.3 the employee must: 132.� 132.2 Be receiving benefits from a public employee retiree act at the time of retirement. Have severed the employment relationship with the City of Saint Paul and/or Independent School District No. 625 under one of the early retiree plans. 132.3 Inform the Human Resource Department of Independent School District No. 625 and the Office of Human Resources, City of Saint Paul in writing within siuty (60) days of employee's eady retiremen# dafe that he. or she wishes to be eligible for earl y retiree insurance benefits. '13.3 An empbyee who retired at age siaty-five (65) or later and who met the criteria in 13.2, or for early retirees who qualified under 13.2 and have reached age siuty-five (65) after retirement the Employer will provide payment of premium for a Medicare supplement health coverage policy selected by the Employer. ARTICLE 14. SELECTfON OF LEAD CEMENT FINISHERS • � � 0 • i4.1 142 14.3 14.4 The sefection of personnel for the class of position Lead Cement �i�isher shall remain solely with the Employer. The class of position Lead Cement Finisher shall be filled by empfoyees of the bargaining unit on a `Yemporary assignment." All "temporary assignments" shall be made only at the direction of a designated Employer supervisor. Such "temporary assignments" shall be made only in cases where the class ot positions is vacant for more than one (1) normal workday. ARTICLE 15. HOLIDAYS 15.1 The following nine (9) days shall be designated as unpaid holidays: � New Year's Day Martin Luther King, Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Day January 1 Third Monday in January Third Monday in February Last Monday in May July A First Monday in September Fourth Thursday in November Fourth Friday in November December 25 15.2 When New Year's Day, independence Day or Christmas Day falis on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falis on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The nme (9) holidays shall be considered non-workdays. 15.4 If, in the �udgment oS the Employer, personnel are necessary for operating or emergency reasons. employees may be scheduled or °called back" in accordance with Article � 0(Call Backj. 15.5 Employees assigned to work on Martin Luther King, Jr. Day, Presidents' Day or the day after Thanksgiving shall be compensated on a straight-time basis for such hours worked. 15.6 Empioyees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shal{ be compensated at the rate of two (2) times the basic hourly rate for such hours worked. 15.7 if Martin Luther King, Jr. Day or Presidents' Aay fialls on a day when schooi is in session, the employees entitled to a holiday shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be determined by agreement between the employee and supervisor. a ARTICLE 16. DISCIPLINARY PROCEDURES 16.1 The Employer shall have the right to impose discipiinary actions on employees for just cause. 162 Disciplinary actions by the Employer shall include only the following actions: � 6.2.'I Oral reprimand; 16.2.2 Written reprimand; 162.3 Suspension; 16.2.4 Demotion; 16.2.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shall retain all rights under Minnesota Statutes § 179A.20, Subd. 4, and thereby shall have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions of Article 22 (Grievance Procedure). Once an employee or the Union acting in the employee's behalf initiates review of an action, that matter shall not be reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.1 Empioyees who are unable to report for their normal workday have the responsibility to notify thefr supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 7 7.2 17.3 Failure to make such notification may be grounds for discipline as provided in Article 16 (Disciplinary Procedures), Failure to report for work without notification for three (3) consecutive normal workdays may be considered a"quit° by the Empioyer on the part of the employee. • � u • ARTICLE 18. SENIORITY 18.� For the purpose of this article the fo{lowing terms shalf be defined as follows: 18.1.'I The term, "Employer," shall mean Independent School pistrict No. 625, Saint Paul Public Schools. 18.1.2 The term, "Master Seniority," shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to any class title with the Employer covered by this agreement. 18.1.3 7he term, "Class Seniority' shail mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a position with the Employer in a class title covered by this agreement. This section 18.1.3 is intended to mean that for any person �o matter what the person's prior experience or how hired by the District, the person's class seniority starts at zero the day of appointment to a School District position in that title and begins to be calculated from that date. An employee's Class Seniority does not revert to zero following recall from an Employer initiated layoff within the twenty-four (24) month recall rights period specified in 18.4. This definition of class seniority shall be used for al! layoff decisions. 182 Seniority shafi not accumulate during an unpaid teave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the � unclassified service of the Employer or to an elected or appointed full-time position with the Union. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer that it is necessary to reduce the workforce, employees will be faid off by class title within each Department based on inverse length of "Cfass Seniority." Employees laid off by the Employer shafl have the right to reinstatement in any lower-paid class title previously held which is covered by this agreement, provided the employee has greater "Class Seniorit}1' than the employee being replaced. Recall from layoff shall be in inverse order of Iayoff, except that recall rights shall expire after 24 months from the last day of work preceding the layoff. No other Civil Service recall rights to this Employer shall apply. This provision does not address any rights the employee may have to be recalled to any other employer. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority," subject to the approval ot the Employer. u ARTICLE 19. JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject to determination by the various unions representing employees of the Employer. 192 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. i9.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict ihe right of the Employer to accomplish the work as originally assigned pending resolution of the dispute, or restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 192 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20, SEPARATION 20.1 Employees having a probationary or regular empioyment status shall be considered separated trom employment based on the following actions: 20.1.1 20.12 20.1.3 Resiqnation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resigrtation. Discharqe. As provided in Article 16. Failure to Reoort for Dutv. As provided in Article 17. 202 Employees having a temporary employment status may be terminated at the discretion of the Employer before the compleYion ot a normal workday. ARTICLE 2�. TOOLS 21.1 AII employees shall personally provide themselves with the tools of the trade as listed in Appendix B. r � i yo � ARTICLE 22. GRIEVANCE PROCEDURE 22.'I The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the Stewards and of their successors when so named. 22.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is Iimited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only whe� consistent with such employee duties and responsibilities. The Steward involved and a grieving empfoyee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 22.3 The procedure established by this article shall, except as previously noted in Article 16 (Disciplinary Procedures), be the sole and exclusive procedure fior the processing of grievances, which are defined as an alleged violation of the terms and conditions of this agreement. 22.4 Grievances shall be resolved in conformance with the following procedure: Steo 1. Upon the occurrence of an alleged violation of this agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the emp{oyee's satisfaction by the irrformal discussion, it may be reduced to writing and � referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the agreement violated, and the relief requested. Any alleged violatio� of the agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use ot reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resofve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Empioyer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. � 11 ARTICLE 22. GRIEVANCE PROCEDURE {continued) . Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or the designated representative and attempt to resolve the grievance. Within seven (7) calendar days foilowing fhis meeting, the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Ste� 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Emptoyer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7} calendar days after notice has been given. If the parties fail to mutualiy agree upon an arbitrator within the said seven (7)-day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have rto right to amend, modify, nullify, ignore, add to or subtract from the provisions of this agreement. The arbitrator shall consider and decide only the specific issue submitted in wrifing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shalf be � without power to make decisions contrary to or inconsistent with or modifying or varying in any way the appiication of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirry (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree !o an e�ension. The decision shail be based solely on the arbitrator's interpretation or application of the express terms of this agreement and to the facts of the grievance presented. The decision of the arbitrator shall be finai and binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for fhe arbitrator's services and proceedings shalf be borne equaily by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The Yime limits in each step ot this procedure may be extended by mutual agreement of the Employer and the Union. � 12 • ARTICLE 23. RIGHT OF SUBCONTRACT 23.1 The Employer may, at any time during the duration of this agreement, contract out work done by the employees covered by this agreement. in the everrt that such contracting wouid resuit in a reduction of the workforce covered by this agreement, the Empfoyer shall give the Union a ninety (90) calendar day notice of the intention to subcontract. 232 The subcontracting of work done by the employees covered by this agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NONDISCRIMINATION 24.1 The terms and conditions of this agreement will be applied to employees equally without regard to or discrimination for or against, a�y individual because of race, color, creed, sex, age or because of inembership or nonmembership in the Union. 242 Employees will perform their duties and respo�sibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 25. SEVERABILITY � 25.1 In the event that any provision(s) of this agreement is declared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 252 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the agreement in compliance with the Iegisiative, administrative or judiciaf determination. � 13 ARTICLE 26. WAIVER 26.1 The Employer artd the Union acknowledge that during ihe meeting and negotiating which resuited in this agreement, each had the right and opportunity to make proposals with respect fo any subject concerning the terms and conditions of empioyment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this agreement. 262 Therefore, the Employer and the Union for the duration of this agreement agree that the other party shall not be obligated to meet and negotiate over any term or condition of employment whether specitically covered or not specifically covered by this agreement. The Union and Employer may, however, mutually agree to modify any provision of this agreement. 26.3 Any and alI prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the exient they are inconsistent with this agreement, are hereby superseded. ARTICLE 27. MILEAGE u Employees of the School District, under policy adopted by the Board Education, may be reimbursed for the use of their automobiles for school business. The mifeage aliowance for eiigible employees shali be 31� per mile, or such higher rate as may be establfshed at the discretion of the Board. An employee must keep a record of each trip made. Reimbursement shall be for the actual � mileage driven in the performance of assigned duties as ver'rfied by the appropriate school district administrator antl in accordance with School District Business Office policies and procedures. ARTfCLE 28. COURT DUTY LEAVE Any employee who is required to appear in court as a juror or as a subpoenaed witness shall be paid his/her regular pay while so engaged, unless the court dury is the result of litigation undertaken by the employee or the Union against the Employer. Any fees that the employee shall receive from the court tor such service shall be paid to the Employer. Any employee who is scheduled to work a shift other than the normal day[ime shift, shall be rescheduled to work the normal daytime shift during such time as he/she is required to appear in court as a juror or witness. � 14 � • ARTICLE 29. DURATION OF PLEDGE 29.1 292 This agreement shaii become effective as of the date of signing, except as spec�cally provided in Articles 12 and 13, and shai! remain in effect through the 30th day of April, 2004 and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 292. If either party desires to tertninate or modify this agreement effective as of the date of expiration, the parry wishing to modifiy or terminate the agreement shaii give written notice to the other party, not more than ninety (90) or less than sixry (60) calendar days prior to the expiration date, provided that the agreement may only be so tertninated or mod'rfied effective as of the expiration date. 29.3 in consideration of the terms and cond�tions of empbyment established try this agreement and tfie recognition thaf the Grievance ProCedure herein estabiished is the means by which grievances concesning its appiication or interpretation may be peacefuily resolved, the parties hereby pledge that during the term ot She agreement: 29.3.1 The Union and the employees will not engage in, instigate or condone any concerted action in which employees fail to report for duty, willfuliy absent themseives from work, stop work, slow down their work or absent themselves in whole or part from the fuii, faithfui performance of their duties of empioyment. 29.3.2 The Employer wiil not engage in, instigate or condone any lockout of employees. 29.3.3 This constitutes a tentative Agreement between the parties which will be recommended by the schooi board negotiator, but is subject to the approval of the Board of Education and is also subject to ratification by the tlnion. Agreed to and attested to as the fuli and compiete understanding of the parties for the period of time herein specified by the signature of the fotlowing representatives for the Empioyer and the Union: WlTNESSES: INDEPENDENT SC}i00L DiSTR1CT NO. 625 MINNESOTA CEMEf�T MASOPlS, PIASTERERS A43D SHOPHA(SDS LOCAt NO. 633 � ..�� 'L C�? Busin s Manager 7-t9-�� Date � 15 �Z�- �/ Date APPENDIX A The classes of positions recognized by the Employer as being exclusively represented by the Union are as foffows: Cement Finisher Apprentice-Cement Finisher and other classes of positions that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. APPENDIX B All necessary hand tools. � • ` I � \ I � \J APPENDlX C C-1. The total hourly cost io the Employer for wages pius any and afl contributions or deductions stated in Appendix D of this agreement shall not exceed the following amounts: Cement Finisher Effective Effective Effective ENective 5-5-01 6-2-01 5-4-02 53-03 $34.80 $34.80 $36.65 '* C-2. The total taxable hourfy rate including wages and the vacation contribution in Appendix D and excluding all other benefit costs and obligations in Appendix D, for regular and probationary emp{oyees appointed to the following classes of positions sha11 be as follows: Cement Finisher Effective Effective 5-5-01 6-2-01 $25.52 $24.90 Effiective Effective 5-4-02 5-3-03 G-2A. The basic hourly wage rates in this Appendix (G2A) are for comaensation analvsis purposes onlv. These figures represent the portion of the Appendix C-1 rates above specifically allocated to wages. These rates do NOT include taxable benefits contributions and therefore shoufd NOT be used for taxable payroll calculations. See Appendix C-2 above for total taxable payroll information. Cement Finisher Effective 5-5-01 $21.45 Effective 6-2-0� $22.37 Effective 5-402 Effective 5-3-03 <> 17 APPENDIX C (continued) C-3. The total faxable hourly rafe including wages and the vacation contribufion in Appendix D for temporary employees appointed to the following classes of positions shall be: Effective 5-5-01 Cement Finisher $26.84 Effective 6-2-01 $26.19 If a temporary employee working in a title tisted in this Appendix C-3 becomes subject to the requirements of the Public Employees Retirement Act (PERA), which thereby requires the Employer to make confributions to PERA, the calculated hourly base rate may change so the Employer's cosi does ttot exceed the amounts listed in Ci above. NOTES FOR APPENDICES C-2. C-2A AND C-3: ' The May 4, 2002, hourly rates in Appendices G2, C-2A and C3 shall be determined at a later date based ort the allocation agreed to by the Employer and the Union of the May 4, 2002, total hourly cost stated in Appendix C-1. " The May 3, 2003, hourly rates in Appendices C-2, C-2A and C3 shall be determined at a later date based on the aliocation agreed to by the Employer and the Union of the May 3, 2003, total hourly cost determined for the third year wage reopener. C-4. The basfc hourly wage rates for the Apprentice class of positions: This section is held open for the addition of appropriate Apprentice rates in the event the Empioyer initiates the smployment of Apprentices. If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a way that the total cost of the package (wage rate plus contributions) remains constant and does not exceed the amounts shown in Appendix C, Section C-1. • � r7 L� m Effective Effective 5-4-02 5-3-03 . APPENDIX D Effective May 5, 2001, the Empfoyer shali fornrard the amounts designated in this Appendix D for employees covered by this agreement to depositories as directed 6y the Union and agreed to by the Employer: (1) $3.15 per hour for all hours worked from which all appropriate payrolf deductions have been made to a Union-designated Vacation and Savinas Fund. (2) $2.76 per hour fior all hours worked to a Union-designated Health and W elfare Fund. (3) $4.95 per hour for all hours worked to a Union-designated Pension Fund. (4) $.25 per hour for aI� hours worked to a Union-designated Aoprenticeship Fund. Effective June 2, 2001, the Employer shall forvvard the amounts designated in this Appendix D for employees covered by this agreement to depositories as directed by the Union and agreed to by the Employer: (1) $3.45 per hour for all hours worked from which alf appropriate payrolf deductions have been made to a Union-designated Vacation and Savinps Fund. (2) $2.86 per hour for all hours worked to a Union-designated Health and Welfare Fund. ` (3) $5.45 per hour for all hours worked to a Union-designated Pension Fund. (4) $.30 per hour for all hours worked to a Union-designated Aoprenticeship Fu�d. The Employer sha�l make legally estabfished non-negotiated pension contributions to PERA. Changes in the mandated PERA rate may change the calculated hourly base rate of pay so the Employer's cost does not exceed the amounts fisted in C1 above. All contributions made in accordance with this Appendix D shall be deducted from and are not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shall be forwarded to depositories as directed by the Union and agreed to by the Employer. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Employees covered by this agreement shall not be eligible for, governed by or accumulate vacation, sick leave, holiday, funera{ leave, or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance or Councif Resolutions. The Employer's fringe benefit obligation to empioyees covered by this agreement is fimited to the contributions andior deductions established by this agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has fonvarded contributions and/or deductions. • 19 � � � TABLE OF CONTENTS ARTICLE TITLE Preamble .................................................................. Article1. Purpose .................................................................... Article 2. Recognition .............................................................. Article 3. EmployerRights ....................................................... Article 4. Union Righis ............................................................. Article 5. Scope of the Agreement ......................................... Article 6. Probationary Period .................................................. Article 7. Philosophy o( Employment and Compensation....... Article 8. Hours of Work ......................................................... Article 9. Overtime .................................................................. Article 10. Call Back ................................................................. Article 11. Work �ocation ......................................................... Article�2. Wages ..................................................................... Article �3. FringeBenefits ........................................................ Article 14. Selection of Foreman and General Foreman.......... Article 15. Holidays ................................................................... Article 16. Disciplinary Procedures ........................................... Article �7. Absences From Work ............................................. Article 18. Seniority ................................................................... Article 19. Jurisdiction .............................................................. Article 20. Separation .........................°---......---........................ Article21. Tools ........................................................................ Article 22. GrievanceProcedure .............................................. Article 23. Right of Subcontract ................................................ Article 24. Nondiscrimination .................................................... Article 25. Severability .............._....---._............................._...... Article26. Waiver ..................................................................... Article 27. Mileage - Independent School District No. 625....,.. Article 28. Court Duty Leave ..................................................... Article 29. Duration and Pledge ................................................ AppendixA .............................................................. AppendixB .............................................................. AppendixC .............................................................. AppendixD .............................................................. � PAGE ............................................... iv ............................................... 1 ............................................... 1 ............................................... � ............................................... 2 ............................................... 2 ............................................... 3 ................................................ 3 ................................................ 4 ................................................ 4 ................................................ 5 ................................................ 5 ................................................ 5 ................................................ 6 ................................................ 6 ................................................ 7 ................................................ 8 ................................................ 8 ................................................ 9 .............................................. 10 .............................................. 10 ..............................................10 .........................................11-12 .............................................. 13 .............................................. 13 .................................._........._ 13 ..............................................14 .............................................. 14 .............................................. 14 .............................................. 15 .............................................. 16 .............................................. 17 .........................................18-19 .............................................. 20 • PREAMBLE This Agreement is entered inio between Independent School District No. 625, hereinafter referred to as the Employer, and the Lakes and Plains Regional Council of Carpenters and Joiners of United Brotherhood of Carpenters and Joiners of America, hereinafter referced to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the Independent School Districi No. 625 for the benefit of the general public through effective labor-management cooperation. The Employer and the Union both realize that this goal depends not only on the words in the Agreement, bui 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. � • iv • ARTICLE 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1.1 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of aIl concerned; 1.1.2 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; 1.1.3 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 12 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (Severability). ARTICLE 2. RECOGNITION 2,1 The Empfoyer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, � probationary, and temporary employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 89-PR-2359 dated November 20, 1989. 2.2 The cfasses of positions recognized as being exclusivefy represented by the Union are as listed in Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all employees, 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 specitically limited by this Agreement. 32 Any "term or condition of employmenY' not established by this Agreement shall remain with the Employer to eliminate, modify or establish following written notification to the Union. • ARTICLE 4. UNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authoNze such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1.1 4.1.2 The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. The Union shali indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of tfiis Article. 42 The Union may designate one (t ) employee from the bargaining unit to act as a Steward a�d shall inform the Employer irt writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Employer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employment" detined by Minn. Stat. § 179A.03, Subdivision 19, for all employees exclusively represented by the Union. This Agreement shall supersede such `Yerms and conditions of employmenY' established by Civil Service Rule, Council Ordinance, and Councii Resolution. • � • • ARTICLE 6. PROBATIONARY PERVOD 6.1 All personnel, originaffy hired or rehired foflowing separation, in a regular employment status shall serve a six (6)-month probationary period during which time the empioyee's fitness and ability to pertorm the class of positions' duties and responsibilities shall be evaluated. 6.1.� At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeaf to the provisions of Article 22 (Grievance Procedure). 6.1.2 An employee termi�ated during the probationary period shail receive a written notice of the reason(s) fior such termination, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher class of positions shall serve a six (6)-month promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.2.1 At any time during the promotional probationary period an employee may be demoted to the employee's previously-held class of positions at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.2.2 An employee demoted during the promotional probationary period shall be returned to the employee's previously-held class of positions and shall receive a written notice of the reasons for demotion, a copy ot which shall be sent to the � Union. ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The Employer and the Union are in full agreement that the philosophy of employment and compensation shall be a"cash" hourly wage and "industry' fringe benefit system. 72 The Employer shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages) and 13 (Fringe Benefits). 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this Agreement. u K3 ARTICLE 8. HOURS OF WORK � � The normal workday shall be eight (8) consecutive hours per day, exduding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. The normal work week shall be five (5) consecutive normal workdays Monday through Friday. 8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. � 8.5 � This Section shall not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal work week. AII employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established workday unless otherwise directed by their supervisor. All employees are subject to call back by the Employer as provided by Article 70 (Call Back). 8.7 Employees reporting tor work at ihe established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rafe, unless notification has been given noY to report for work prior to leaving home, or during the previous workday. ARTICLE 9. OVERTIME 9.� All overtime compensated for by ihe Empfoyer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit uniess approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 9.2 9.3 E� The overtime rate of one and one-ha(f (1-1/2) the basic hourly rate shali be paid for work performed under the following circumstances: 9.2.1 Time worked in excess of eight (8) hours in any one normal workday, and 922 Time worked in excess of forty (40) hours in any seven (7)-day period. For the purpose of calculating overtime compensation, overtime hours worked shall not be "pyramided;' compounded or paid twice for the same hours worked. Overtime hours worked as provided by this Article shall be paid in cash or in compensatory time. The method of payment shall be determined solely by the Employer. r� U r� �J . • ARTICLE 10. CALL BACK i0.1 The Employer retains the right to call back empfoyees before an employee has started a t normal workday or normal work week and after an employee has completed a normal workday or normal work week. 10.2 Employees called back shall receive a minimum of four (4) hours of pay at the basic � hourly rate. 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9(Overtime), when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or fess prior to their normal workday shall complete the normal workday and be compensated only for the overtime hours worked in accordance with Article 9 (Overtime). ARTICLE 11. WORK LOCATION 71.1 Employees shall report to the work location as assigned by a designated Employer supervisor. During the normal workday, employees may be assigned to other work locations at the discretion of the Employer. � 112 Employees assigned to work locations during the normal workday, other than their original assignment, and who are required to furnish their ow� transportation, shafl be compensated for mifeage, as set foRh in Article 27 (Mileage). ARTICLE 12. WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Regular employees and temporary employees shall be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13.1 (Fringe Benefits). � !.7 ARTICLE 13. FRINGE BENEFITS t3.1 The Employer shall make contributions on behaif of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix D for all hours worked. 13.2 The Employer will for the period of this Agreement provide, for those employees hired before February 15, 1974, and who were eligibie for the Employer's Health and Welfare premium contributions and who have retired since May 15, 1978 such health insurance premium contributions up to the same dollar amounts as are provided by the Employer at the date of early retirement and the cost of premium contributions toward $5,000 life insurance coverage until such employees reach sixty-five (65) years of age. In order to be eligibte for the premium contributions under the provision 132 and 13.3 the employee must: 132.1 1322 Be receiving benetits from a public employee retiree act at the Yime of retirement. Have severed the employment relationship with the City of Saint Paul and/or Independent School District No. 625 under one of the early retiree plans. 13.2.3 Inform the Human Resource Department of Independent School District No. 625 and Office of Human Resources, City of Saint Paul in wrifing within sixty (60) days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 13.3 An employee who retired at age si�cty-five (65) or later and who met the criteria in 13.2 or for early retirees who qualified under 132 and have reached age sixty-five (65) after retirement the Employer will provide payment of premium for a Medicare supplement health coverage policy selected by the Employer. ARTICLE 14. SELECTION OF FOREMAN AND GENERAL FOREMAN 94.1 14.2 14.3 The selection of personnel for the ciass of position Carpenter Foreman shatl remain solely with the Employer. The class of position Carpenter Foreman shall be filled by employees of the bargaining unit on a `Yemporary assignment" Ail `Yemporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal workday. � � • � u • ARTICLE 15. HOLIDAYS 15.1 The following nine (9) days shall be designated as holidays: New Year's Day Martin Luther King Jr. Day Presidents' Day Memoriai Day Independence Day Labor Day Thanksgiving Day The Day After Thanksgiving Christmas Day January 1 Third Monday in .lanuary Third Monday in February Last Monday in May Juiy 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25 15.2 When New Year's Day, Independence Day or Christmas Day talls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The nine (9) holidays shall be considered non-workdays. 15.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 10 (Call Back). 15.5 Employees assigned to work on Martin Luther King Day, Presidents' Day, or the day after Thanksgiving or sha11 be compensated on a straight-time basis for such hours worked. 15.6 Employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. 15.7 If Martin Luther King Day or Presidents' Day falfs on a day when school is in session, the employees shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be determined by agreement between the employee and his supervisor. ri ARTICLE 16, DISCIPLINARY PROCEDURES 16.1 16.2 The Employer shall have the right to impose disciplinary actions on employees for just cause. Disciplinary actions by the Employer shall include only the following actions: 162.1 Oral reprimand; 16.2.2 Written reprimand; 16.2.3 Suspension; 16.2.4 Demotion; i62.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shall retain all rights under Minn. Stat. §. 179A.20, Subd. 4, and thereby shall have the righf to request thai such actions be considered a"grievance" for the purpose of processing through the provisions of Article 22 (Grievance Procedure). Once an employee or the Union in the employee's behalf initiates review of an action, that matter shall not be again reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal workday have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 17.2 � 7.3 Failure to make such notification may be grounds for discipline as provided in Article 16 (Disciplinary Procedures). Failure to report for work without notification for three (3) consecutive normal workdays may be considered a"quit" by the Employer on the part of the employee. • � • :3 � ARTICLE 18. SENIORITY 1 S.1 For the purpose of this Article the following terms shall be defined as follows: �8.�.1 The term, "Empioyer," shall mean Independent School District No. 625, Saint Paul Pubfic Schools. 18.12 The term, "Master Seniority," shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to any class title with the Employer covered by this Agreement. 181.3 The term, "Class Seniorit�' shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a position with the Employer in a class title covered by this Agreement. This Section 18.1.3 is intended to mean that for any person no matter what the person's prior experience or how hired by the District, the person's class seniority starts at zero the day of appointment to a School District position in that title and begins to be calculated firom that date. An employee's Class Se�iority does not revert to zero fiollowing recail from an Employer initiated layoff within the twenty-four (24) month recall rights period specified in �8.4. This definition of class seniority would be used for all layoff decisions. � 18.2 Seniority sha{{ not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of ilfness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer; or to an elected or appointed full-time position with the Union. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer that it is necessary to reduce the workforce, employees will be laid off by class title within each department based on inverse length of "Class Seniority." Employees laid off by the Employer shall have the right to reinstatement in any lower-paid cfass title previously held which is covered by this Agreement, provided the employee has greater "Class Seniorit�' than the employee being repfaced. Recafl from layoff shail be in inverse order of layoff, except that recall rights shall expire atter twenty-four (24) months from the fast day of work preceding the layoff. No other Civil Service recall rights to this Employer shall apply. This provision does not address any rights the employee may have to be recalled to any other employer. 18.5 The selection of vacation periods shafl be made by dass title based on length of "Class Seniority," subject to the approval of the Employer. � ARTICLE 19. JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of the Empioyer, 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 19.3 In the event of a dispute concerning ihe perforrnance of assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work, 19.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 192 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20. SEPARATlON 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 20.1.1 20.1.2 20.1.3 Resipnation. Emptoyee resigning from employment shal� give written notice fourteen (14) calendar days prior to the effective date of the resignation. Discharqe. As provided in Article 16. Faiiure to Reoort for DuN. As provided in Article 17. 20.2 Emptoyees having a temporary employment status may be terminated at the discretion of the Employer before the completion of a normal workday. ARTICLE 21. TOOLS • � 21.1 AII employees shall personally provide themselves with the tools of the trade as listed in Appendix B. • 10 • ARTICLE 22. GRIEVANCE PROCEA�RE 22.1 The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the Stewards and of their successors when so named. 222 it is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 22.3 The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, except as previously noted in Article 16 (Disciplinary Procedures). Grievance is defined as an alleged violation of the terms and conditions of this Agreement. 22.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and � referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the tacts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shafl be considered waived. Steo2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt ofi the Employer's answer shall be considered waived. Steo 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated employer supervisor shall meet with the union business manager or his designated represeniative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the employer shall reply in writing to the Union stating the employer's answer concerning the grievance. lf, as a result of the written response, the grievance remains unresoived, the Union may refer the grievance to step 4. Any grievance not referred in writing by the Union to step 4 within seven (7) calendar days following receipt of the employer's answer shall be considered waived. • y� ARTICLE 22. GRIEVANCE PROCEDURE (confinued} Stee 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after ihe response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutualfy agree upon an arbitrator within the said seven (7)-day period, either party may request the Bureau of Mediation 3ervices to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1si) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent wifh or modifying or varying in any way the application of laws, rules or regulations having the torce and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, uniess the parties agree to an extension. The decision shall be based solely on the arbitrato�'s interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. � 22.6 The fee and expenses for the arbitrator's services and proceedings shall be borne equally � by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 Tfie fime limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. • 12 • ARTICLE 23. RIGHT OF SUBCONTRACT 23.'I The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction of the workforce covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day notice of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NONDISCRIMINATION 24.1 The terms and conditions of this Agreement will be applied to employees equally without regard to or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or non-membership in the Union. 24.2 Employees will perform their duties and responsibilities i� a non-d'+scriminatory manner as such duties and responsibilities involve other employees and the general public. � ARTICLE 25. SEVERABILITY 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 252 The paRies agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative or judicial determinatfon. � 13 ARTICLE 26. WAIVER . 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resuited in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employmenY. The agreements and understa�dings reached by the parties after the exercise of ihis right are fuily and completely set forth in this Agreement. 26.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shall not be obligated fo meef and negotiate over any term or condition of employment whether specifically covered or not specifically covered by this Agreemenf. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 27. MtLEAGE - INDEPENDENT SCHOOL DISTRICT NO. 625 Employees of the Schoof Disfrict, under policy adopted by the Board Education, may be reimbursed for the use of their automobiles for school business. The mileage allowance for eligible employees shall be 31 ¢ per mile, or such higher rate as may be established at the discretion of the Board. An employee must keep a record of each trip made. Reimbursement shall be for the � actual mileage driven in the performance of assigned duties as verified by the appropriate school district administrator and in accordance with Schoo! District Business Office policies and procedures. ARTICLE 28. COURT DUTY LEAVE Any employee who is required to appear in court as a juror or as a subpoenaed witness shall be paid his/her regular pay while so engaged, unless the court duty is the result of litigation undertaken by the employee or the Union against the Employer. Any fees that the employee shall receive from the court for such service shall be paid to the Employer. Any employee who is scheduled to work a shift other than the normal daytime shift, shall be rescheduled to work the normal day[ime shift during such time as he/she is required to appear in court as a juror or witness. . 14 . ARTiCLE 29. DURATfON AND PLEDGE 29.1 This Agreement shafl become efifiecCrve as of the date ot signing, except as specificaily provided othenvise in Articfes 12 and 13, and shail remain in effect through the 30th day ot April, 2004, and continue in efifect from year to year thereafter unless notice to Change or to terminate is given in the manner provided in Articie 25. 292 If either party desires to terminate or modify this Agreement efifiective as of the date of expiration, the party wishing to modify or terminate the Agreement shaif give written notice to the other party, not more than ninety (90) or less than si�cry (60) calendar days prior to the expiration date, provided that the Agreement may only be so terminated or mod'rfied effective as of the expirafion date. 29.3 In consideration of the terms and conditions of empioyment established by this Agreement and the recognition that ihe Grievance Procedure herein estabiished is the means by which grievances concerning its application or interpretation may be peacefully resolved, ihe parties hereby piedge that during the term of the Agreement: 29.3.1 The Union and the empioyees will not engage in, instigate or condone any concerted action in which employees faii to report for duty, wilifully absent themselves from work, stop work, siow down their work or absent themselves in whole or part from the fuil, faithful performance of their duties of empioyment. 29.3_2 The Employer wiil not engage in, instigate or condone any lockout of employees. � • 29.3.3 This co�stitutes a tentative agreement beriveen the parties which wiil be recomme�ded by the school board negotiator, but is subject to the approvai of the Board of Education and is also subject to ratification by fhe Union. The pasties agree and attest by the signature of the fol(owing representatives for the Employer and the Union that this represents the full and complete understanding of the parties for the period ot time herein specified. W ITNESSES: INDEPENDENT SCHOOL DISTRfCT NO. LAKES AND PLAINS REGIOSJAL COUNCtL 625 OF CARPENTERS AND ,lOINERS �ti� � —�.�_ { Chair, Soar Educ ' Sus+ness Manage ��.�h� �0 Negotiations/Labor Relations Manager Date Negotiations/ or Re ations Assistant Ma ager � Date 15 r��»�du7►7 � The classes of posifions recognized by the Empfoyer as being exclusively represented by the Union are as folfows: Carpenter Carpenter Foreman Apprentice - Carpenter and other classes of positions that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. 16 � � � APPENDIX C C1. The total hourly cost to the Employer for wages plus any and all contributions or deductions stated in Appendix D of this Agreement shall not exceed the following amounts; Carpenter Carpenter Foreman Effective 5-5-01 $34.69 $36.44 Effective Effective 5-4-02 5-3-03 C2. The total taxable hourly rate including wages and the vacation fund and holiday f�nd contributions in Appendix D and excluding all other benefit costs and obligations in Appendix D, for regular employees for whom the employer contributes to PERA and who are appointed to the following classes of positions shall be as follows: Carpenter Carpenter Foreman Effective Effective Effective Effective 5-5-01 9-8-01 5-4-02 5-3-03 $25.74 $25.69 � "' $27.41 $27.36 � "' • • C2A. The basic hourly wage rates in this Appendix (C2A) are for compensation analvsis pumoses o�. These figures represent the portion of the Appendix C1 rates above specifically allocated to wages. These rates do NOT include tarable contributions and therefore should NOT be used tor taxable payroll calculations. See Appendix C2 above for total taxable payroll information. Carpenter Carpenter Foreman Effective Effective Effective Effective 5-5-01 9-8-0'I 5-4-02 5-3-03 $22.67 $22.62 ' " $24.34 $24.29 ' `� � � � • � C3. The total taxabfe hourly rate including wages and tfie vacation corrtribution in Appendix D for regular and probationary employees who were hired on or after May �, 2000, and are exempt from PERA; for employees who opted out of receiving employer contributions to PERA during the period May 1, 2000 and December 30, 2000; and temporary employees appointed to the following classes of positions shall be: Carpenter Carpenter Foreman Effective 5-5-01 $27.06 $28.81 Effective 9-8-01 $27.0� $28.76 Effective Effective 5-4-02 5-3-03 � » .� If a temporary employee working in a title listed in this Appendix C3 becomes subject to the requirements of the Public Employees Retirement Act (PERA), which thereby requires the Employer to make contributions to PERA, the calculated hourly base rate may change so the Employer's cost does not exceed the amounts listed in C1 above. NOTES FOR APPENDICES G2, G2A AND C-3: * The May 4, 2002, hourly rates in Appendices C-2 shall be determined at a later date based on the allocation agreed to by the Employer and the Union of the May 4, 2002, total hourly cost stated in Appendix C-1. '" The May 3, 2003, hourly rates in Appendices C1, C2, C2A and C3 shall be determined at a later date based on the allocation agreed to by the Employer and the Union of the May 3, 2003, total hourly cost determined for the third year wage re-opener. C4. C5. The basic hourly wage rates Sor the Apprentice class of positions: This Sectio� is held open for the addition of appropriate Apprentice rates in the event the Employer initiates the employment of Apprentices. General Items if the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the rates in Appendix C, Sections C2 through C4 in such a way that the total cost of the package (wage rate plus contributions) remains constant and does not exceed the amounts shown in Appendix C, Section Ci. fi�.] APPENDIX D Effective May 5, 2001, the Employer shall forward the amounts designated in this Appendix D for employees covered by this Agreemer�t to depositories as directed by the Union and agreed to by the Employer. (1) $1.82 per hour for all hours worked trom which all appropriate payroA deductions have been made to a Union-designated Vacation/Dues Fund. (2) $125 per hour for all hours worked from which all appropriate payroll deductions have been made to a Union-designated Holidav Fund, for regular employees paid at the Appendix C4 rate. (3) (4) (5) $2.75 per hour for all hours worked to a Union-designated Health and Weffare Fund. $3.70 per hour for all hours worked to a Union-designated Defined Benefit Pension Fund. $1.00 per hour for all hours worked to a Union-designaYed Defined Contribution Pension Fund. (6) $.18 per hour for al! hours worked to a Union-designated Apprenticeship Fund. The Employer shall make legally established non-negotiated pension contributions to PERA. Changes in the mandated PERA rate may change the calculated hourly base rate of pay so the Employer's cost does not exceed the amounts listed in C1 above. Effective September 1, 2001, all full-time regularly employed carpenters will be covered under the school districYs group long-term disability plan. The cost for this plan will be deducted from the C7 total hourly cost. If the premium the district pays for this coverage increases or decreases thereby increasing or decreasing the premium cost for employees, fhe C1 total hourly cast will be adjusfed accordingly. All contributions made in accordance with this Appendix D shall be deducted from and are not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shall be forwarded to depositories as directed by the Union and agreed to by the Employer. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota statutes. Employees covered by this Agreement shall not be eligible for, governed by or accumulate vacation, sick leave, holiday, funeral leave, or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance or Council Resolutions. � � The Employe�'s fringe benefiY obligation to employees covered by this Agreement is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits ----- "�- --- ---providedtaecuplo�tees_shall be the responsibility of the Trastees ot the various funds to which the Employer has forwarded contributions ana7or d�ctiotts -----.-,____ __-_- ,__..__ u 20 � � � • ARTICLE Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Articie Article Article Article Article Article Article Article Article Article Article 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. TABLE OF CONTENTS TiTLE PAGE Preambie............................................................................................................ iv Purpose ..................................................................................................................1 Recognition............................................................................................................ 1 EmployerRights........-°°°° ....................................................................................2 UnionRights ........................................................................................................... 2 Scope The Agreement ...................................................................................... 2 ProbationaryPeriods .............................................................................................. 3 Philosophy of Employment And Compensation ..................................................... 3 Hoursof Work ......................°--°............................................................................4 Overtime................................................................................................................ 4 CallBack ................................................................................................................ 5 WorkLocation ........................................................................................................5 Wages.................................................................................................................... 6 FringeBe�efits ........................................................°.............................................7 Selection of Foreman and General Foreman ........................................................ 7 Holidays ................................................................................................................. 8 Disciplinary Procedures ......................................................................................... 9 Absences From Work ............................................................................................9 Seniority --......--° ................................................................................................... 10 Jurisdiction ........................................................................................................... 1'I Separation ............................................................................................................ 11 Tools....................................................................................................................11 Grievance Procedure ........................................................................................... 12 Rightof Subcontract ............................................................................................ 14 Non-Discrim ination ...............................................................................................14 SeverabiI ity ........................................................................................................... 14 Waiver ..................................................................................................................15 Mileage................................................................................................................. 15 CourtDuty Leave ................................................................................................. 15 Durationand Pledge ............................................................................................16 Appendix ....................................................................................................... 17 Appendix ....................................................................................................... 17 Appendix ................................................................................................ 18-19 Appendix ....................................................................................................... 20 � PREAMBLE This Agreement is entered into between Independent School District No. 625, hereinafter referred to as the Employer and the International Brotherhood of Painters and Allied Trades Local 61. hereinafter referred to as the Union. The Empfoyer and the Union concur that this Agreement has as its objective tfie promotion of the responsibilities of the Independent School District No. 625 for the benefit of the general pubiic through effective labor-management cooperation. The Employer and the Union both realize that this goal depends not only on the words in the Agreement bui rather primarily on attitudes between people at al! levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general public. � r • iv • ARTIG�E 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1.� Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest Ievel of employee performance that is consistent with the safety and well-being of all concerned; 1.1.2 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; �.1.3 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without Ioss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (Severability). ARTICLE 2. RECOGNITION � 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for afl personnel having an empfoyment status of regular, probationary, and temporary employed in the classes of positions defined in 2.2 as certitied by the Sureau of Mediation Services in accordance with Case No. 90-PCL-3108 dated December 29, 1989. 2.2 The classes of positions recognized as being exclusively represented by the Union are as listed in Appendix A. u ARTICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operaie and manage a!I manpower, facilities, and equipment; to establish funcYions and programs; to set and amend budgets; to determine the ufilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent manageria! function not specifically limited by this Agreement. 32 Any `Yerm or condition of employmenY' not established by this Agreement shall remain with the Employer to eliminate, modify or establish following written notification to the Union. ARTiCLE 4. UNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1.1 4.2 4.�.2 The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. The Union shall indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of this Article. The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Empfoyer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the `Yerms and conditions of employmenY' defined by Minnesota Statute §179A.03, Subdivision i9, for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. � s � 2 • ARTICLE 6. PROSATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) month probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.1.1 At any time during the probationary Qeriod an employee may be terminated at the discretion of the Employer without appeal to the provisions ot Article 22 (Grievance Procedure). 6.12 An employee terminated during the probationary period shafl receive a written notice of the reason(s) for such termination, a copy of which shall be seM to the Union. 6.2 All personnel promoted to a higher class of positions shall serve a six (6) month promotional probationary period during which time the employee's fitness and abilily to perform the class of positions' duties and responsibilities shall be evaluated. 6.2.1 At any time during the promotional probationary period an employee may be demoted to the employee's previously-held class of positions at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.2.2 An employee demoted during the promotional probationary period shall be returned to the employee's previously-held class of positions and shail receive a written notice of the reasons for demotion, a copy of which shall be sent to the � Unio�. ARTICLE 7. PHiLOSOPHY OF EMPLOYMENT AND COMPENSATION 7,1 The Employer and the Union are in full agreement that the philosophy of employment and compensation shall be a"cash" hourly wage and "industry' fringe benefit system. 72 The Employer shall compensate employees for afl hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages) and 13 (Fringe Benefits). 7.3 No other compensation or fringe benefits shall be accumulated or earned by an employee except as specifically provided for in this Agreement; except those employees who have individually optioned to be "grandfathered" as provided by Article 122. u ARTtCLE 8. HOURS OF WORK • 8,1 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 82 The normal work week shall be five (5) consecutive normal workdays Monday through Friday. 8.3 If, during the term of this Agreement, it is necessary in the Empioyer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This Section shall not be construed as, and is nof a guarantee of, any hours of work per normal workday or per normal work week. 8.5 AII employees shall be at the location designated by their supervisor, ready for work, at the estabiished starting time and shall remain at an assigned work location until the end of the established workday unless otherwise directed by their supervisor. 8.6 All employees are subject to call back by the Employer as provided by Articie 10 (Cail Back). 8.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notitication has been given not to report for work prior to leaving home, or during the previous workday. ARTICLE 9. OVERTfME 9.1 Time on the payrofl in excess of the normal hours set forth above shall be `overtime work" and shall be done oniy by order of the head of the department. An employee shall be recompensed for work done in excess of the normal hours by being granied compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the Employer. 9,2 The rate of one and one-half (i-1/2) the hourly rate shail be the overtime rate for work performed under the following circumstances: 92.1 Time worked in excess of eight (8) hours in any one normal workday, and 9.2.2 Time worked in excess of forty (40) hours in any work week. 7he time and one-half overtime rate shall be based on the total rate, including any premium pay, being earned during the overtime hours worked. For the purpose of calculating overtime compensation, overtime hours worked shall nof � u 0 • ARTICLE 10. CALL BACK t0.1 The Employer retains the right to call back employees before an employee has started a , normal workday or normal work week and after an employee has completed a normal workday or normal work week. 102 Employees called 6ack shall rece+ve a minimum of four (4) hours of pay at the basic � hourly rate. 10.3 The hours worked based on a call back shall be compensated in accordance with Articie 9(Overtime), when appficable, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal workday shall complete the normal workday and be compensated only for the overtime hours worked in acCOrdance with Article 9 (Overtime). ARTICLE 11. WORKLOCATION 11.1 Employees shall report to work location as assigned by a designated Employer supervisor. During the normal workday, employees may be assigned to other work locatio�s at the d'+scretion of the Employer. 112 Employees assigned to work locations during the normal workday other than their original � assignment, and who are required to furnish iheir own transportation, shalY be compensated Sor mileage, as provided '+n Article 27 (Mileage). • 5 ARTICLE 12. WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 122 Empioyees who were covered by the fringe benefits listed below prior to February i5, 1994, shall be considered for purposes ot Yhis Agreement, non-participaYing employees and shall continue to be covered by such benefits. They shall be subject to aIl other provisions of the Agreement, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (Fringe Benefits}. 122.1 Insurance premium contributions as established by Independent School District No. 625 including life and health insurance premium contributions for early retirees as of the time of the early retirement who have retired since May 23, 1973 in such time as they reach sixty-five (65) years of age. In order to be eligible for the health insurance premium contributions under the early retiree or retiree provision, the employee must: 12.2.1.1 1222 12.2.3 iP��C! 12.2.1.2 Be receiving benefits from a public empfoyee retirement acf at the time of retirement. Have severed the employment relationship with the City of Saint Paul and Independent School District No. 625 under one of the eariy retiree plans. 122.1.3 Inform the Personnel Offices of Independent School Districi No. 625 and the City of Saint Paul in writing within 60 days of employee's early retirement date tfiat he or she wishes to be eligible for early retiree insurance benefits. 12.2.1.4 Retire prior to April 30, 2000. Sick leave as established by the Civil Service Rules, Sectlon 20. Vacation as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. Nine (9) legal holidays as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision 1. 12.3 Regular employees not covered by the fringe benefits listed in Article 122 shall be considered, fior the purposes of this Agreement, participating employees and shall be compensated in accordance with Article 72.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article � 3(Fringe Benefits). 72.4 Temporary emptoyees shal! be considered, (or the purposes of this Agreement, participating employees and shall be compensated in accordance with Article 12.1 (Wages) and have fringe taenefit contributions and/or deductions made in their behalf as __...._---- ------- --, ----_----PFOVided-focby..Acticlel3_(�onge Benefits)_ _ �2.5 All regular employees employed after February 15, 1974, shali be considered, for the purpose of this Agreement, participating employees and shall be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Articfe 13 (Fringe Benefits). L � L� • • ARTICLE '13. FRINGE BENEFITS 13.1 The Employer shall make contributions on behalf of and/or make deductions from the wages of participating employees as defined by Articles 12.3, 12.4, and 12.5 covered by this Agreement in accordance with Appendix D for all hours worked. ARTICLE 14. SELECTION OF FOREMAN AND GENERAL FOREMAN 14.1 The selection of personnel for the class of position Painter Foreman shall remain solely with the Empfoyer. 14.2 The class of position Painter Foreman shall be filled by employees of the bargaining unit on a "temporary assignment " 14.3 All "temporary assignments" shall be made only at the direction of a designated Employer supervisor. 14.4 Such �temporary assignments" shall be made only in cases where the cfass of positions is vacant tor more than one (1) normaf workday. � � ARTICLE 15. HOLIDAYS • 15.1 The following nine (9) days shall be designated as holidays: New Year's Day, Martin Luther King, Jr. Day, Presidenfs' Day, Memorial Day, lndependence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Christmas Day, January � Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25. 152 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The nine (9) holidays shall be considered non-workdays. 15.4 If, in the judgment of ihe Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or "cailed back" in accordance with Articie 10 (Call Back). 15.5 Participating employees as defined in Articles 12.3, 12.4, and 12.5 assigned to work on Martin Luther King, Jr. Day, Presidents' Day or the day after Thanksgiving shall be compensated at the basic hourly rate for such hours worked. 15.6 Such participating employees assigned to work on New Year's Day, Memorial Day, independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated ai the rate of two (2) times the basic hourly rate for such hours worked. 15.7 If an empioyee other than a participating employee entitled to a holiday is required to work on Martm �uther King, Jr. Day, Presidents' Day or the day after Thanksgiving, the employee shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department permits or shall be paid on a straight-time basis for such hours worked in addifion to his regular holiday pay. If an employee other than a participating employee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Chnstmas Day, the employee shall be recompensed for work done on this day by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and- one-haH basfs for such hours worked in addition to his regular holiday pay. Eiigibiiity for holiday pay shall be determined in accordance with Section t, Subsection f of the Saint Paul Salary Ptan and Rates of Compensation. � 15.8 If Martin Luther King, Jr. Day, Presidents' Day or the day after Thanksgiving falls on a day --------------- --_--___._�hen�chool is in session, the employee shall work that day at straight time and another day shail be designated as the� o i ay. is tlesignated .__� agreement between the employee and his supervisor. . • � ARTICLE 16. DISCIPLINARY PROCEDURES 16.1 The Employer shall have the right to impose disciplinary actions on employees ior just cause. 162 Disciplinary actions by the Employer shail include only the following actions: �62.1 Oral reprimand; 16.2.2 Written reprima�d; 16.2.3 Suspension; 16.2.4 Demotion; 162.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shall retain all rights under Minnesota Statute §179A.20, Subd. 4, and thereby shafl have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions of Article 22 (Grievance Procedure). Once an employee or the Union in the employee's behalf initiates review of an action, that matter shall not again be reviewed in another forum. Oraf reprimands shall not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.t Employees who are unable to report for their normal workday have the responsi6ility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 17.2 17.3 Failure to make such notification may be grounds for discipline as provided in Article 16 (Disciplinary Procedures). Failure to report for work without notification for three (3) consecutive normal workdays may be considered a"quit" by the Employer on the part of the employee. �.�J ARTICLE 18. SENIORITY • 18.1 For the purpose of this Article the following terms shall be defined as follows: 18.1.1 The term, °Employer," shall mean Independent School District No. 625, Saint Paul Public Schools. 18.1.2 The term, °Master Seniority,° shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to any class title with the Employer covered by this Agreement. 18.1.3 The term, "Class Seniority' shal! mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a position with the Employer in a class title covered by this Agreement. This Section 18.�.3 is intended to mean that for any person no matter what the person's prior experience or how hired by the District, the person's class seniority starts at zero the day of appointment to a School District position in that title and begins to be calculated from that date. An employee's Class Seniority does not revert to zero following recall from an Employer initiated layoff within the twenty-four (24)-month recall rights period specified in 18.4. This definition of ciass seniorify would be used for all lay-off decisions, 182 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed ful!-time position with � the Union. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer that it is necessary to reduce the workforce, employees will be laid off by class title within each Department based on inverse length of "Class Senioriry." Empioyees laid off by the Employer shall have the right to reinstatement in any lower-paid class title previously held which is covered by this Agreement, provided the employee has greater "Class Seniority" than the employee being replaced. Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after twenty-four (24) months from the Iast day of work preceding the layoff. No other Civil Service recall rights to this Employer shall apply. This provision does not address any rights the employee may have to be recatled to any other employer. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority," subject to the approvai of the Employer. � . 10 • � � ARTICLE 19. JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing empfoyees of the Empfoyer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 19.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Empfoyer and as clarified by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20. SEPARATION 20.1 Empfoyees having a probationary or regufar employment status shalf be considered separated from employment based on the tollowing actions: 20.1.1 20.1.2 20.1.3 Resiqnation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. Discharqe. As provided in Article 16. Failure to Reoort for Dutv. As provided in Article 17. 202 Employees having temporary employment status may be terminated at the discretion of the Employer befiore the completion of a normal workday. ARTICLE 21. TOOLS 21.� AII employees shall personally provide themselves with the tools of the trade as listed in Appendix B. 11 ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shall recognize Stewards selected in accordance witfi Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the Stewards and of their successors when so named. 22.2 It is recognized and accepted by the Employer and the Union Yhat the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 22.3 The procedure established by this Articie sha(I, except as previously noted in Article i6 (Disciplinary Procedures), be the sole and exclusive procedure, for the processing of grievances, which are defined as an alleged violation of the terms and cortditions of this Agreement. 22.4 Grievances shall be resolved in conformance with Yhe following procedure: • Steo 1. Upon the occurrence of an alleged violation of Yhis Agreement, Yhe employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature � of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within seven (7} days of the date when the grievant with the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievartce, shall be considered waived. Step2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days foliowing receipt of the Employe�'s answer shall be considered waived. \ J 12 • ARTICLE 22. GRIEVANCE PROCEDURE (continued) Step 3. Within seven (7) cafendar days following receipt of a grievance referred from Step 2, a designated Employer Supervisor sha!! meet wfth the Union Business Manager or the designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. if, as a resuit of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not reterred in writing by the Union may refer the grievance to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 4. if the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7)-day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no � authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifyi�g or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application ofi the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, a�d the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible fior compensating its own representative and witnesses. If either party cancels an arbitration hearing or asks for a last-minute postponement that leads to the arbitrator's making a charge, the canceling party or the party asking for the postponement shall pay this charge. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays tor the record. 22.7 The time limits in each step of this procedure may be exte�ded by mutual agreement of the Employer and the Union. • 13 ARTICLE 23. RIGHT OF SUBCONTRACT • 23,1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such coniracting would result in a reduction of the workforce covered by this Agreement, the Employer shall give the Union a ninery (90) calendar day notice of the intention to subcontract. 232 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance wifh Ordinance No. 14013. ARTICLE 24. NON-DISCRIMINATION 24.t The terrns and conditions of this Agreement will be applied to employees equally without regard to or discriminaYion for or against, any individual because ot race, color, creed, sex, age or because of inembership or non-membership in the Union. 242 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 25. SEVERABILITY 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legisiative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. Alt other provisions shall continue in full force and effect. 252 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of fhe Agreement in compliance with the legislafive, administrative or judiciai determination. � �� • 14 � ARTtCLE 26. WAIVER 26.1 The Employer and the Union acknowfedge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any sub}ect concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fulfy and completely set forth in this Agreement. 262 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or condition of employment whether specifically covered or not specifically covered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with ihis Agreement, are hereby superseded. ARTICLE 27. MILEAC�E - INDEPENDENT SCHOOL DISTRICT NO. 625 Employees of the School District, under policy adopted by the Board Education, may be reimbursed for the use of their automobiles for school business. The mileage aflowance fior eligible employees shall be 31 rC per mile, or such higher rate as may be established at the � discretion of the Board. An employee must keep a record of each trip made. Reimbursement shall be for the actual mileage driven in the performance of assigned duties as verified by the appropriate school district administrator and in accordance with School District Business Office policies and procedures. ARTICLE 28. COURT DUTY LEAVE Any employee who is required to appear in cour[ as a juror or as a subpoenaed witness shal! be paid hislher regular pay while so engaged, unless the court duty is the result of litigation undertaken by the employee or the Union against the Employer. Any fees that the employee shali receive from the court for such service shall be paid to the Employer. Any employee who is scheduled to work a shift other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as helshe is required to appear i� court as a juror or witness. . 15 ARTICLE 29. DURATION AND PLEDGE 2� 1 This Agreement shall become effective as of the date of signing, except as spec�caily provided otherwise in Articies 12 and 13, and shal► remain in effeci through the 30th day of April, 2004, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 292. 292 tf either party desires to tertninate or mod'rfy this Agreement effective as of the date of expfration, the party wishing to modify or tertninate the Agreement shali give written noGce to the other party, not more than ninety (90) or iess than sixty (60) calendar days prior to the expiration dafe, provided that the Agreement may only be so tertninated or modfied effective as of fhe expiration date. 29.3 In consideration of the terms artd conditions of employment established by this Agreemeni and the recognition that the Grievance Procedure herein established is the means by which grievances conceming its appiication or interpretaYion may be peacefuliy resolved, the parties hereby ptedge that during the term of the Agreement: 29.3.1 The Union and the empioyess will not engage in, instigate or condone any concerted action in which empioyees faii to report for duty, wilHully absent themselves from work, stop work, slow down their work or absent themselves in whole or part from ihe full, fadhful pertormance of their duties of employment. 29.32 The Empfoyer will not engage in, instigate or condone any lockout of employees. 29.3.3 This constitutes a tentaGve Agreement between the parties which will be recommended by the schoot board negotiator, but is subject to the approva( of the Board of Education, and is also subject to rat"rfication by the Union. Agreed fo and attested to as the full and compiete understanding of the parties for the period of time herein specified by the signature of the foilowing representaUves for the Employer and the Union. � � W ITNESSES: INDEPENDENT SCHOOL DISTR(CT NO. 625 tNTERNATIONAL UIV(ON OF PAINTERS AND ALLIED TRADES D(STRICT COUNCIL 82 BusJ,n �'fa g `��/� �/�,� I Date Assistant Manager _ _ �l, o�b � � ----__ __ __ _ Da _._..--- . _.__�____ _,____. _�---,._ __ • 16 • APPENDIX A The classes of positions recognized by the Employer as being exclusively represented by the Union are as follows: Pairrter Painter Foreman Apprentice - Painter and other classes of positions that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. APPENDIX B • Duster Wall Scrapers Putty Knife Broad Knife Hammer Screwdrivers � 17 APPENDIX C C-7. The total hourly cost to the Empioyer for wages plus any and all contributions or deductions stated in Appendix D of this Agreement shall not exceed the following amounts: Painter Painter Foreman Effective 5-5-01 $33.78 $34.78 Effective 5-4-02 $35.63 $36.63 Effective 5-4-03 C-2. The total taxable hourly rate including wages and the vacation and working assessment contributions in Appendix D and excluding all other benefit costs and obligations in Appendix D, for regular and probationary employees for whom the employer contributes to PERA and who are appointed to the following classes of positions shall be as follows: Effective Effective Effective Effective 5-5-07 �2-29-01 5-4-02 5-4-03 Painter $22.20 $22.13 ' "' Painter Foreman $23.15 $23.07 ' " Note: The December 29, 2001, rate change is due to a change in the mandated PERA rate. C-2A. The basic hourly wage rates in this Appendix (C-2A) are for compensation ana sis aurposes onlv. These figures represent the portion of the Appendix C-1 rates above specificalty ailocated to wages. These rates do NOT include ta�cabie benefit contributions and therefore should NOT be used for tanable payroti calculations. See Appendix C-2 above for total taxable payroll information. Effective Effective Effective Effective 5-5-01 12-29-01 5-4-02 5-4-03 Painter $20.70 $20.63 ' " Painter Foreman $21.65 $21.57 ' " Note; The December 29, 2001, rate change is due to a change in the mandated PERA rate. C3. The total taxable hourly rate inciuding wages and the vacation contribution in Appendix D for temporary employees appointed to the foilowing cfasses of positions shall be: Effective Effective Effective 5-5-01 5-4-02 5-4-03 Painter $25.00 * '* . ..._..,- -----__...—__ �._ . - Painter Foreman $26.00 " _ �"—'""'� -- --�-�- �- - If a temporary employee working in a titie listed in this Appendix C-3 becomes subject to the requirements of the Public Emp�oyees Retirement Act (PERA), which thereby requires the Emp�oyer to make contributions to PERA, the calculated hourly rate may change so the Employer's cost does not exceed the amounts listed in C-1 above. � � � m • APPENDIX C (continued) C-4. The total taxable hourly rate including wages and the vacaiion contribution in Appendix D for regular and probationary employees who were hired on or after May 1, 2001, and are exempt from PERA and for employees who opted out of receiving employer contributions to PERA during the period May 1, 2001 and December 30, 200'I, who are appointed to the following classes of positions shall be: Painter Painter Foreman Effective 5-5-01 $23.35 $24.35 NOTES FOR APPENDICES G2. G2A, G3, and G4: .+ ., The May 4, 2002, hourly rates in Appendices C-2, C-2A, C-3, and C-4 shall be determined at a later date based on the allocation agreed to by the Employer and the Union of the May 4, 2002, total hourly cost stated in Appendix G-1. `* The May 3, 2003, hourly rates in Appendices Ca, C2, C2A, C3, and C-4 shall be determined at a later date based on the allocation agreed to by ihe Employer and the Union of the May 3, 2003, total hourly cost determined for the third year re- opener. � C-5. The basic hourly wage rates for the Apprentice class of positions: This Sectfon is held open for the addition of appropriate Apprentice rates in the event the Empfoyer initiates the employment of Apprentices. If the Union elects to have the contributions Iisted in Appendix D increased or decreased, the Employer may ad�ust the rates in Appendix C, Sections C-2 through C-4 in such a way that the total cost of the package (wage rate plus contributions) remains constant and does not exceed the amounts shown �n Appendix C, section C-1. PREMIUM PAY ASSIGNMENTS: W hen performmg the following types of work, the rate of pay shall be seventy-five cents ($.75) per hour over the basic hourly wage rate oE any cfass of positions. Sandbtast�ng, hot water pressure washing, swing stage work, erected structural steel skeleto� work, all bridge work, ail exterior work where safety belt or window }acks are used, spray painting and when applying materials over 50% creosote, for application of aII two-component epoxy materials. • Effective Effective 5-4-02 5-4-03 19 APPENDIX D Effective May 5, 2001, the Employer shatl forward the amounts designated in this Appendix D for participating employees covered by this Agreement and defined in Articles 12.3, 12.4, and 12.5 to depositories as directed by the Union and agreed to by the Employer: (1) $1.50 per hour for aIl hours worked from which all appropriate payroll deductions have been made to a Union-designated Vacation Fund. (2) $3.15 per hour for all hours worked to a Union-designated Health and Welfare Fund. (3) $4.50 per hour for all trours worked to a Urtion-designated Pension Fund (4) $2.50 per hour tor all hours worked to a Union-designated international Pension Fund, for regular employees paid at the Appendix C-2 and C-4 rate; $.85 per hour for all hours worked for temporary employees paid at the Appendix C-3 rate. (5) $28 per hour for alt hours worked to a Union-designated Apprenticeship Fund. The Employer shall make legally estahlished non-negotiated pension contributions to PERA. Changes in the mandated PERA rate may change the calculated hourly base rate of pay so the Employer's cost does not exceed the amounts listed in C-� above. � All contributions made in accordance with this Appendix D shalf be deducted from and are not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shall be forwarded to depositories as directed by the Union and agreed to by the Employer. The Employer shall establish Workers' Compensation and Unempioyment Compensation � programs as required by Minnesota statutes. PaKicipating empbyees as defined in Articles 72.3, 12.4, and 12.5 covered by this Agreement shal! not be eligible for, governed by or accumulaYe vacation, sick leave, holiday, funeral leave, or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance or Council Resolutions. The Employer's fringe benefit obligation to participating employees as defined in Articles 12.3, 12.4, and 12.5 is limited to the contributions andlor deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. • � • . � • ARTICLE Article Article Article Article Article Article Article Article Article Article Article Article Article ArtiCle Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. TABLE OF CONTENTS TITLE PAGE Preamble................................................................................................................ iv Purpose .................................................................................................................. 1 Recognition............................................................................................................ 1 EmployerRights ..................................................................................................... 1 UnionRights ...........................................................................................................2 Scopeof the Agreement ........................................................................................ 2 ProbationaryPeriods .............................................................................................. 3 Philosophy of Employment and Compensation ..................................................... 3 Hoursof Work ........................................................................................................4 Overtime................................................................................................................ 4 CalfBack ................................................................................................................ 5 WorkLocation ........................................................................................................5 Wages .................................................................................................................... 6 FringeBenefits ....................................................................................................... 7 Selection of Lead Bricklayer and General Lead Bricklayer .................................... 7 Holidays................................................................................................................. 8 Disciplinary Procedures ......................................................................................... 9 Absences From Work ............................................................................................9 Seniority............................................................................................................... 10 Jurisdiction........................................................................................................... 11 Separation............................................................................................................ 11 Tools.................................................................................................................... 11 Grievance Procedure ......................................................................................12-13 Rightof Subcontract ............................................................................................14 Non-Discrimination ...............................................................................................14 Severability ...........................................................................................................14 W aiver .......................................°°°-°--°°--......---..................---.._......................... 15 Mileage - Independent School District No. 625 .................................................... 15 CourtDuty Leave ................................................................................................. 15 Durationand Pledge ............................................................................................ 16 AppendixA ..................................................................................................... 17 AppendixB ..................................................................................................... 17 AppendixC ................................................................................................18-19 AppendixD .....................................................................................................20 � • PREAMBLE This Agreement is entered into between Independent School District No. 625, hereinafter referred to as the Employer and the Bricklayers and Allied Craftsworkers Local Union No. 1, 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 Independent School District No. 625 for the benefit of the general public through 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 Yhe needs of the general public. i C� ,� • ARTICLE 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1.1 Achieve order{y and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safiety and well-being of alf concerned; �.12 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; 1.�.3 Estabfish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. It any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (Severability). ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for collective � bargaining purposes for all personnel having an employment status of regular, probationary, and temporary employed in the classes of pos+tions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 90-PCL-3142 dated February 2, 1990. 22 The classes of positions recognized as being exclusively represented by the Union are as listed in Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all manpower, facilities, and equipment; to establish tunctions 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. 32 Any "term or condition of employment" not established by this Agreement shall remain with the Employer to eliminate, modify or establish following written notification to the Union. • ARTICLE 4. UNION RIGHTS _ 4.2 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1.1 4.1.2 The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. The Union shal! indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of tfiis Article. The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the Employer in writing ot such designaYion. Such employee shall have the right and responsibilities as designated in Article 22 (Grievance Procedure). 4,3 Upon notification to a designated Employer supervisor, the President of the Union or the designated representative shall be permitted to enter the facilities of the Employer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the `Yerms and conditions of employment" defined by Minnesota Statute § 179A.03, Subdivision 19, for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. . i • • ARTICLE 6. PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired fiollowing separation, in a regular employment status shall serve a six (6) month probationary period during which time the employee's fdness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.1.1 At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeaf to the provisions of Articfe 22 (Grievance Procedure). 6.1.2 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 62 All personnel promoted to a higher class of positions shall serve a six (6) month promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.2.1 At any time during the promotional probationary period an employee may be demoted to the employee's previously-held class of positions at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.22 An employee demoted during the promotional probationary period shall be returned to the employee's previo�sly-held class of positions and shall receive a written notice of ihe reasons for demotion, a copy of which shall be sent to the � Union. ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The Employer and the Union are in full agreement that the philosophy of employment and compensation sha11 be a"cash" hourry wage and "industr�' fringe benefit system. 7.2 The Employer shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages) and 13 (Fringe Benefits). 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this Agreement; except those employees who have individualfy optioned to be "grandtatfiered" as provided by Article 12.2. • ARTICLE 8. HOURS OF WORK � 8.1 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 82 7he normal work week shall be five (5) consecutive normal workdays Monday through Friday. 8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This Section shall not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal work week. 8.5 AII employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain af an assigned work location unfil the end of the established workday unless otherwise directed by their supervisor. 8.6 All employees are subject to call back by the Employer as provided by Article i0 (Cal! Back). 8.7 Employees reporting for work at the established starting iime and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous workday. ARTICLE 9. OVERTIME � 9.1 All overtime compensated for by the Employer must receive prior authorization from a desfgnated Employer supervisor. No overtime work cfaim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 92 The overtime rate of one and one-half (1-1/2) the basic hourly rate shall be paid for work performed under the following circumstances: 9.2.1 Time worked in excess of eight (8) hours in any one normal workday, and 9.2.2 Time worked in excess of forty (40) hours in a seven (7)-day period. 9.3 For the purposes of calculating overtime compensation, overtime hours worked shall not be "pyramided," compounded or paid twice for the same hours worked. 9.4 Overtime hours worked as provided by this Article shall be paid in cash or in -� __ . ..._._,.,____ �P rY Y F� Y - c ensato time-astJeterfnt -b -the, m a ec_...�-- -.,_. • � • ARTICLE �0. CALLBACK 10.1 The Employer retains the rigM to call back employees before an employee has started a normal workday or normal work week and after an employee has completed a normal workday or normal work week. 102 Employees called back shall receive a minimum of four (4) hours of pay at the basic • hourly rate. 10.3 The hours worked based on a call back shall be compensated in accordance with Article 9(Overtime), when applicable, a�d subject to the minimum established hy 1�.2 above. 10.4 Employees calied back four (4) hours or less prior to their normal workday shaif compfete the normal workday and be compensated only for the overtime hours worked in accordance with Article 9 (Overtime). ARTICLE 11. WORK LOCATION 11.1 Employees shall report to work location as assigned by a designated employer supervisor. During the normal workday, employees may be assigned to other work focations at tfie discretion of the Employer. � 112 Employees assigned to work locations during the normal workday other than their original assignment, and who are required to furnish their own transportation, shall be compensated for mileage as set forth in Article 27 (Mileage). , • 5 ARTICLE 12. WAGES t2.1 The basic hourly wage rate as estab�ished by Appendix C shali be paid for all hours worked by an employee. 12.2 Employees who were covered by the fringe benefits listed below prior to February 4, 1974, shall continue to be covered by such benefits. They shall be subject to all other provisions of the Agreement, but shali not have hourly fringe benefif contributions and/or deductions made on their behalf as provided for by Article 13 (Fringe Benefits). 12.2.1.1 Be receiving benefits from a public employee retirement act at the time of retirement. 122.1.2 Have severed the employment relationship with the City of Saint Paul and Independent School District No. 625 under one of the early retiree plans. 122.1.3 Inform the Human Resource Office of Independent Schooi District No. 625 and the City of Saint Paul in writing within sixty (60) days of the employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits, 122.1.4 Retiree prior to April 30, 2000. 12.2.1 Insurance premium contributions as established by the Employer including life, hospital, and health insurance premium contributions as established as of the date of fhe earfy retirement for earfy retirees who have retired since May 8, 1978 until such time as they reach sixty-five (65) years of age. In order to be eligible for the insurance premium contributions under the early retiree provision, or retiree provision the employee must: � 2.2.2 122.3 12.2.4 Sick leave as established by Civil Service Rules, Section 20. Vacation as established by the Saint Pau! Salary Plan and Rates of Compensation, Section I, Subdivision H. Nine (9) legal holidays as established by Article 15 and the Saint Paul Salary Plan and Rates of Compensation, Section I. Subdivision I. 12.3 Regular employees not covered by the fringe benefits listed in Article 12.2 shall be considered, for the purposes of this Agreement, participating employees and shall be compensated in accordance with Article 12.1 {Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (Fringe Benefits). 12.4 Temporary employees shall be considered, for the purposes of this Agreement, participaYing employees and shall be compensated in accordance with Article 12.1 (Wages) and have fringe benefR contributions and/or deductions made in their behalf as provided for by Article 13 (Fringe Benefits). 12.5 purpase of this Agreement, participating employees and shal! be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made on tfieir beha(f as provided for by Article 13 (Fringe Benefits}. u �� 0 • ARTICLE 13. FRINGE BENEFITS 13.1 The Employer sha1l make contributions on behalf of and/or make deductions from the wages of participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this Agreement in accordance with Appendix D fior all hours worked. ARTICLE 14. SELECTION OF LEAD BRICKLAYER AND GENERAL LEAD BRICKLAYER 14.1 The selection and assignment of personnel for the classes of positions of Lead Bricklayer and Generaf Lead Brlcklayer shall remain solely with the Empfoyer. 14.2 The class of position of Lead Bricklayer shall be filled by employees of the bargaining unit on a "temporary assignment" 14.3 AN "temporary assignments" shall be made o�ly at the direction of a designated Empfoyer supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal workday. � � r� ARTICLE 15. HOLIDAYS • 15.1 The following nine (9) days shall be designated as holidays: New Year's Day Martin Luther King, Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day The Day After Thanksgiving Christmas Day January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September Fourth Thursday in Novem6er Fourth Friday in November December 25 15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The nine (9} hofidays shalf be considered non workdays. 15.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 10 (Call Back). 15.5 Employees assigned to work on Martin Luther King, Jr. Day, Presidents' Day or the day after Thanksgiving shall be compensated on a siraight-time basis for such hours worked. 15.6 Such participating employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Chrisfmas Day shali be compensated ai the rate of two (2) times the basic hourly rate for such hours worked. 15.7 !f an employee is req�ired to work on Martin Luther King, Jr. Day, Presidents' Day or the day after Thanksgiving, the employee shail be granted another day off with pay in lieu thereof as soon thereafter as fhe convenience of the department permits or the employee shall be paid on a straighi-time basis for such hours worked, in addition to the regular holiday pay. If an employee is required to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, the employee shall be compensated for work done on this day by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half basis for such hours worked, in addition to the regular holiday pay. Eligibility for holiday pay shal( be determined in accordance with Section I(onej, Subsection I of the Saini Paul Salary Plan and Rates of Compensation. ` � 15.8 Employees entitled to a holiday if Martin Luther King, Jr. Day, Presidents' Day or Veterans' Day falls on a day when school is in session, the employees shall work that day •------.----.-- -.-... .______. _aLsfr,aight_time_and another day shall 6e designated as the holiday. This designated holiday shall be a�day on whicFi scfioof"is no'f"'in" se'ssion �ttd°shaH• ----- --- - Agreement between the employee and the supervisor. � • ARTICLE 16. DISCIPLINARY PROCEDURES 16.1 The Employer shall have the right to impose disciplinary actions on empioyees for just cause. . 16.2 Disciplinary actions by the Employer shall include only the following actions: 16.2.1 Oral reprimand; 162.2 W ritten reprimand; 162.3 Suspension; 162.4 Demotion; i62.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shall retain all rights under Minnesota Statute § 179a.20, Subd. 4, and thereby shall have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions of Article 22 (Grievance Procedure). Once an employee or the Union acting in the employees behalf initiates review of an action, that matter shall not be reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.� Employees who are unable to report for their normal workday have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (Disciplinary Procedures). 17.3 Failure to report for work without notification for three (3) consecutive normal workdays may be considered a"quiY' by the Employer on the part of the employee. • ARTICLE 18. SENIORITY 18.1 For the purpose of this Article the following terms shall be defined as follows: 18.1.1 The Term, "Employer," Shall Mean Independent School District No. 625, Saint Paul Pubiic Schools, 18.1.2 The term, "Master Seniority," shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to any class title with the Employer covered by this Agreement. 18.1.3 The term, "Class Seniorit�' shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a position with the Employer in a class title covered by this Agreement. This Section 18.1.3 is intended to mean that for any person no matter what the person's prior experience or how hired by the District, the person's class seniority starts at zero the day of appointment to a School District position i� that titie and begins to be calculated from that date. An employee's Ciass Seniority does not revert to zero following recali from an Employer initiated layoff within the twenty-four (24)-month recall rights period specified in 18.4. This definition of class seniority would be used for all tayoff decisions. � 182 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time position with � the Union. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer fhaf it is necessary to reduce the workforce, employees will be laid off by class title within each Department based on inverse length of "Class Seniority." Employees laid off by the Employer shall have the right to reinstatement in any lower-paid class title previously held which is covered by this Agreement, provided the employee has greater "Class Seniority' than the employee being replaced. Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after twenty-four (24) months from the last day of work preceding the layoff. No other Civil Service recall rights to this Employer shall apply. This provisio� does not address any rights the employee may have to be recalled to any other employer. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority," subject to the approval of the Employer. � u 10 � � , • ARTICLE 19. JURISDICTION 19.1 Disputes concerning work jurisdiction beiween and among unions is recognized as an appropriate subject to determination by the various unions representing employees of the Employer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by mutual agreements between the unions involved. 19.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Employer sfia11 meet as soon as mutually possible to resofve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to resirict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20. SEPARATION 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 20.1.1 20.12 20.1.3 Resianation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. Discharpe. As provided in Article 16. Failure to Reqort for Dutv. As provided in Article 17. 20.2 Employees having a temporary employment status may be terminated at the discretion of the Employer before the completion of a normal workday. ARTICLE 21. TOOLS 21.1 AI! employees sha!! personally provide themselves with 4he tools of the trade as listed in Appendix B. 11 ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the Stewards and fheir successors when so named. 222 It is recognized and accepted by the Employer and the Union that the processing of grievances as herei�after provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee sha!! suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to work programs of the Employer. 22.3 The procedure established by this Article shall except as previously noted in Article 16 (Disciplinary Procedures), be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 22.4 Grievances shall be resolved in conformance with the following procedure: � � Step 1. Upon fhe occurrence of an alieged violation of tfiis Agreemenf, the employee involved shall attempt to resoive the maiter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informa( discussion, it may be reduced to writing and referred to Step 2 by the U�ion. The written grievance shall set forth the nature � of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced !o writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence or the event giving rise to the grievance, shall be cortsidered waived. Step2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resofve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days foitowing this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shali be considered waived. � � 12 � ARTICLE 22. GRIEVANCE PROCEDURE (continued) Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer Supervisor shall meet with the Union President or the designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing 6y the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7)-day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union sha�l strike the first (1st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide o�ly the specific issue submitted in writing by the Employer and the Union and shall have no � authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. • 13 ARTICLE 23. RIGHT OF SUBCONTRACT 23.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction of the workforce covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day notice of the intention to subcontract. 232 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NON-DISCRIMINATION 24.1 The terms and conditions of this Agreement will be applied to employees equally without regard to or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or non-membership in the Union. 242 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 25. SEVERABILITY 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 252 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative or judicial determination. � � • 14 • ARTICLE 26. WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resuited in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. 262 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or condition of employment whether specifically covered or not specifically covered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreemenis, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 27. MILEAGE - INDEPENDENT SCHOOL DISTRICT NO. 625 Employees of the School District, under policy adopted by the Board Education, may be reimbursed for the use of their automobiles for school business. The mileage allowance fior eligible employees shall be 31� per mile, or such higher rate as may be established at the discretion of the Board. � An employee must keep a record of each trip made. Reimbursement shall be for the actual mileage driven in the performance of assigned duties as verified by the appropriate school district administrator and in accordance with School District Business Office policies and procedures. ARTICLE 28. COURT DUTY �EAVE Any employee who is required to appear in court as a juror or as a subpoenaed witness shall be paid his/her regular pay while so engaged, unless the court duty is the result of litigation undertaken by the employee or the Union against the Employer. Any fees that the employee shall receive from the court for such service shall be paid to the Employer. Any employee who is scheduled to work a shift other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as he/she is required to appear in court as a juror or witness. � 15 ARTICLE 29. DURATION AND PLEDGE 29.1 292 29.3 This Agreemeni sha11 become effe�f'Ne as of the daie of signing, except as spec'rfically provided othervvise in Articles 12 and 13, and shail remain in effect through the 30th day of April 2004, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 282. If either party desires to terminate or modify this Agreement effective as of the date of expiration, the party wishing to modify or tertninate the Agreement shali give written notice to the other party, not more than ninety (90) or Iess than sixry (60) calendar days prior to the expiration date, provided that the Agreement may oniy be so terminated or modified effective as of the expiration date. In consideration of the terms and conditions of empioyment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances conceming its appiicaGon or interpretation may be peacefully resoived, the parties hereby piedge that during the term of the Agreement 29.3.1 The Union and the empioyees will not engage in, instigate or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work or absent themseNes in wfio(e or part from the ful(, faithful performance of their duties oi employment. 29.3.2 The Employer wiil not engage in, instigate or condone any lockout of employees. 29.3.3 This constitufes a tentative Agreement between the parties which wil! be recommended by the school board negotiator, but is subject to the approval of the Board of Education, and is also subject to ratification by the Union. Agreed to and attested to as the fuil and compiete understanding of the parties for the period of time herein specified by the signature of fhe foilowing representatives for the Employer and the Union. WiTNESSES: INDEPENDENT SCHOOL DISTRICT NO. 625 BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF MINNESOTA 1XCY �_ / �/�-cli.wl � jlltn",v'`^'p�-- Chair, Boa f Edu Bus ness Agent .Y-Z�> -O I Date (�,,� a y a G� r Date . �J • 16 � APPENDIX A . The classes of positions recognized by the Employer as being exclusively represented by the Union are as follows: Bricklayer Lead Bricklayer Generaf Lead Brickfayer Apprentice - Bricklayer and other classes of positions that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. APPENDIX B AII necessary hand tools. • 17 APPENDIX C C-1. The total hourly cost to the Employer for wages plus any and all contributions or deductions stated in Appendix D of this Agreement shall not exceed the following amounts: Bricklayer Lead Bricklayer General Lead Bricklayer Effective 5-5-01 $35.46 $37.96 $38.96 Effective 5-4-02 $37.46 �, �� $4� .46 Effective 5-3-03 C-2. The total taxable hourly rate including wages and the vacation and working assessment contributions in Appendix D and excluding all oYher benefit costs and obligations in Appendix D, for regular and probationary employees for whom the employer contributes to PERA and who are appointed to the following classes of positions shall be as follows: Bricklayer Lead Bricklayer General Lead Bricklayer Effective 5-5-01 $26.02 $28.40 $29.35 Effective 5-4-02 Effective 5-3-03 C-2A. The basic hourly wage rates in this Appendix (C-2A) are for compensation analvsis purposes onlv. These figures represent the portion of the Qppendix C-1 rates above specifically allocated to wages. These rates do NOT include taxable benefit contributions and therefore should NOT be used for taxable payroll calculations. See Appendiu C-2 a6ove for total tauable payroll information. Effective Effective 5-5-02 5-4-02 Bricklayer $23.34 " _._ _. ... _..... ------__,. _.---._. -- Lead Bricklayer $25.72 -- _.._,_. ,_....-_- , ^. General Lead Bricklayer $26.67 * Effective 5-3-03 � C� r 1 U iB3 • APPENDIX C (continued) C-3. The total taxabie hourly rate including wages and the vacation contribution in Appendix D for regular and probationary employees who were hired on or after May 1, 2001, and are exempt from PERA; for employees who opted out of receiving employer contributions to PERA during the period May 1, 2001 and December 30, 2001; and temporary emQloyees appointed to the following classes of positions shall be: Bricklayer Lead Bricklayer General Lead Bricklayer Effective 5-5-01 $27.37 $29.87 $30.87 Effective Effective 5-4-02 5-3-03 If a temporary employee working in a title listed in this Appendix C-3 becomes subject to the requirements of the Public Employees Retirement Act (PERA), which thereby requires the Employer to make contributions to PERA, the calculated hourly base rate may change so the Employer's cost does not exceed the amounts listed in C-1 above. • NOTES FOR APPENDICES C-2. C-2A AND C-3: The May 4, 2002, hourly rates in Appendices C-2, C-2A and C-3 shafl be determined at a later date based on the allocation agreed to by the Employer and the U�ion of the May 4, 2002, total hourly cost stated in Appendix C-1. " The May 3, 2003, hourly rates in Appendices Ca, C2, C2A and C3 shall be determined at a later date based on the allocation agreed to by the Employer and the Union of the May 3, 2003, total hourly cost determined for the third year reopener. C-4. The basic hourly wage rates tor the Apprentice class of posit+ons: This Section is held open for the addition of appropriate Apprentice rates in the event the Employer initiates the employment of Apprentices. � If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a way that the total cost of the package (wage rate plus contributions) remains constant and does not exceed the amounts shown in Appendix C, Section C-i . Effective May 5, 2001, when performing swi�g stage work, the rate of pay shall be fifty-five cents ($.55) per hour over the basic hourfy rate of the above classifications. Effective May 4, 2002, this rate will increase to si�cty cents ($.60); effective May 3, 2003, this rate will increase to sixty-five cents ($.65). fib'] _••.►.... Effective May 5, 2001, the Employer shall forward the amounts designated in this Appendix D for participating employees covered by this Agreement and defined in Articles 12.3, 12.4, and 12.5 to depositories as directed by the Union and agreed to by the Employer. (1) $2.68 per hour for all hours worked from which all appropriate payroll deductions have been made to a Union-designated Vacation Fund. (2) $3.40 per hour for all hours worked to a Union-designated Health and Welfare Fund. (3) $3.59 per hour for all hours worked to a Union-designated Pensio� Fund. (4) $1.00 per hour for all hours worked to a Union-designated International Pension Fund. (5) $.10 per hour for all hours worked to a Union-designated Apprenticeship Fund. The Employer shall make legally established non-negotiated pension contribufions to PERA. Changes in fhe mandated PERA rate may change the calculated hourly base rate of pay so the Employer's cost does not exceed the amounts listed in C1 above. � If the Union adds a Defined Pension Fund plan during the term of this agreement, the Employer shall make the appropriate deduction and forward the amounis designated by the Union to depositories as directed by the Union. Any new benefits fund will require a corresponding decrease in the taxable hourly rate of • pay. All contributions made in accordance with this Appendix D shall be deducted from and are not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shap be forwarded to depositories as directed by the Union and agreed to by the Employer. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. PaKicipating employees as defined in Articles 12.3, �2.4, and �2.5 covered by this Agreement shafl not be eligible for, governed by or accumulate vacafion, sick leave, holiday, funeral leave or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance or Council Resolutions. The Employer's fringe benefit obligation to participating employees as defined in Articles 12.3, 12,4, and 12.5 is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has fonuarded contributions and/or deductions. �� +Zil QR��l��L Presented by Referted To Committee Date RESOLUTION ClTY OF SAINT PAUL, MINNESOTA Council File # � �� l\51.., Green Sheet #_106856_ 13 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 Employment Agreements betcveen the Independent School District No. 625 and the following: Bricklayers and Allied Cra$sworkers Local Union No. 1 of Minnesota; International Union of Painters and Allied Trades District Council 82; Lakes and Plains Regional Council of Carpenters and Joiners; Mlnnesota Cement Masons, Plasterers and Shophands Loca1 633 and Operative Plasterers Local Union No. 265 to Establish Terms and Conditions of Employment for 2001-2004. Yeas Na s Absent Benanav �,/ Blakey ,/ Bostrom � colaman �. Harris � Lanhy � Reiter ,/ O p Adopted by Council: Date ��_l�j �.oa L Adoption Certified by Council Secretary I: , _ � • �. � -. . . � „�+� J� :,- �: � v /y / t�7%i %�� ' "� � � Requested by Depaz oE Office of Labor Relations By: Form Approvs by Ci � ney By: � t`� t� 6l Approved by Mayor for Submission to Council J BY� ��L � DEp��o�c�cot„vcn,: DA� ��p GREEN SHEET No.• 106856 0 � LABOR RELATIONS October 19, 2001 ' CONTACT PERSON & PHONE: p p7E �ry� JULIE KRAUS 266-6513 pS,qIGN I DEPARTMENT DIR. ' 4 CITY COUNCIL NUMBEg 2 CI7Y ATTORNEY CITY CLERK ��1iJST BE ON COUNCII, AGENDA BY (DATE) F�R BUDGET DIR � FIN. & MGT. SERVICE DIR ROUITNG 3 MAYOR (OA ASST.) ORDER TOTAL # OF SIGNATfJRE PAGES I (CLIP ALL LQCATIONS FQR SIGNATURE) ncnox �QUSSren: T1ris resolution approves the attached Employment Agreements between the Independent School District No. 625 and the followiug: Bricklayers and Allied Craftsworkers Local Union No. 1 of Minnesota; International Union of Painters and Allied Trades District Counci182; Lakes and Plains Regional Council of Carpenters and Joiners; Minnesota Cement Masons, Plasterers and Shophands Local 633 and Operative Plasterers Locai Union No. 265 to Establish Terms and Cond'ations of Employment for 2001-2004. RECOMMETJDAI'IONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER TFIE FOLLOWIlVG QUESTIONS: _PLANNING COMMISSION _CIVIL SERVICE COMMISSION l. Has this persoNfitm ever worked under a contract for th�s departrnenC? CIB COMM[TTEE Yes No STAFF 2. Haz this persoNfinn ever been a dty employee� _DIS1R[CT COURT yes No � SUPPORTS WHICH COiJNCIL OBJECTIVE� 3 Does th�s person/firm possus askiil not normally possessed by any current ciry employee? Yes No Explain alI yes answers on sepaYate sheet and attach to green sheet - 1MTIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why)� �"` � J � These aze Independent School District No. 625 contracts. � Pc�a�e��''l i'��&�� d�� z= ADVANTAGESIFAPYROVED' DISADVANTAGESiFAPPROVED: DISADVAN7'AGES IF NOT APPROVED: TOTAL AMO[JNT OF TRANSACTION: COST/REVEVUE BUDGETED: FUNDING SOURCE: ACTNITY NUMBER FINANCIAL INFORNWTION: (EXPLAIN) - ✓ oi��isy �+ ti;:lj if: �Th I 1:.. e� s: i s 1 a i a� t+ r t� Negotiations/Labor Relations Office Phone: 651 767-8228 Pax: 651 665-0269 MEMORANDUM T0: Julie Kraus City - Office of Labor Relations FROM: Wayne Arndt �� Negotiationsllabor Relations Manager DATE: October 12, 2001 SUBJECT: Labor Agreements for Independent School District No. 625 Enciosed are three copies of each of the folfowing labor agreements and a copy of the Board of EduCation approved agenda request for each bargaining unit: Srickiayers and Aliied Csaftworkers Locaf No. 1 of Minnesota international Union of Paintess and Allied Trades District Council 82 lakes and Plains Regional Council of Carpenters and Joiners Minnesota Cement Masons, Plasterers and Shopha�ds, Local 633 Operative Plasterers Loca( No. 265 /po Enclosures INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS ��'��'� DATE: July 24, 2001 TOPIC: Approval of an Employment Agreement with Bricklayers and Allied Craftsworkers Local Union No. 1 of Minnesota, to Establish Terms and Conditions of Employment for 2001-2004 A. PERTINENT FACTS: 1. New Agreement is for the three-year period May 1, 2001 through April 30, 2004. 2. Contract changes are as follows: Waqes: Wage and benefit changes reflect prevailing wage for the industry. The third year will be a reopener for wages oniy. New Title: The title of General Lead Bricklayer is created at $1.00 per hour over the rate of Lead Bricklayer. 3. The remaining language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has one regular F.T.E. in this bargaining unit. 5. The maintenance of buildings promotes a quality learning environment that supports the teaching target of preparing all students for life. 6. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager; Wayne Arndt, Negotiations/Labor Relations Manager; Richard Kreyer, Executive Director of Human Resources and Labor Relations; Patrick Quinn, Executive Director of School Services; and Lois Rockney, Executive Director of Business and Financial Affairs. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom Bricklayers and Allied Craftsworkers Local Union No. 1 of Minnesota is the exclusive representative; duration of said Agreement is for the period of May 1, 2001 through April 30, 2004. INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION p� _ 1t5 y SAINT PAUL PUBLIC SCHOOLS DATE: August 28, 2001 TOPIC: Approval of an Employment Agreement with Internationai Union of Painters and Aflied Trades District Council 82, to Establish Terms and Conditions of Employment for 2d01-2004 A. PERTINENT FACTS: 1. New Agreement is for the three-year period May 1, 2001 through April 30, 2004. 2. Contract changes are as foilows: Waaes: Wage and benefit changes reflect prevaiiing wage for the industry. The third year will be a reopener for wages only. Hofidavs: Changed holiday language to provide uniformity with other district contracts. 3. The remaining language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has nine regular F.T.E. in this bargaining unit. 5. The maintenance of buildings promotes a quality learning environment that supports the teaching target of preparing all students for life. 6. This request is submitted by Sue Gutbrod, NegotiationsJLabor Relations Assistant Manager; Wayne Arndt, NegotiationsJLabor Relations Manager; Richard Kreyer, Executive Director ot Human Resources and Labor Relations; Patrick Quinn, Executive Director of School Services; and Lois Rockney, Executive Director of Business and Financial Affairs. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this schooi district for whom International Union of Painters and Allied Trades District Councif 82 is the exclusive representative; duration ot said Agreement is for the period of May 1, 2001 through April 30, 2004. INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS O►-«Sy DATE: June 26, 2001 TOPIC: Approval of an Employment Agreement With Lakes and Plains Regional Council of Carpenters and Joiners, to Establish Terms and Conditions of Employment for 2001-2004 A. PERTINENT FACTS: 1. P1ew Agreement is for ihe three-year period May 1, 200i through April 30, 2004. 2. Contract changes are as follows: Waaes: Wage and benefit changes reflect prevailing wage for the industry. The third year will be a reopener for wages only Benefits: Regular employees will be provided long-term disability coverage under the districYs group plan. The base hourly rate of pay will be reduced to cover the cost of this benefit. 3. The remaining language provisions of the previous contract remain essentialfy unchanged, except for necessary changes to dates and outdated references. 4. The District has twelve regular F.T.E. in this bargaining unit. 5. The maintenance of buildings promotes a quality learning environment that supports the teaching target oS preparing all students for life. 6. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager; Wayne Amdt, Negotiations{Labor Relations Manager; Richard Kreyer, Executive Director oi Human Resources and Labor Relations; Patrick Quinn, Executive Director of School Services; and Lois Rockney, Executive Director of Business and Financial Affairs. B. RECOMMENDATION: That the Board of Education of Independent Schooi District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom Lakes and Plains Regional Council of Carpenters and Joiners is the exclusive representative; duration of said Agreement is fior the period of May 1, 2001 through Apri1 30, 2004. INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION 0� _t�S�l SAINT PAUL PUBLIC SCHOOLS DATE: July 24, 2001 TOPIC: Approval of an Employment Agreement with Minnesota Cement Masons, Plasterers and Shophands Local 633, to Establish Terms and Conditions of Employment for 2001-2004 A. PERTINENT FACTS: 1. New Agreement is for the three-year period May 1, 2001 through April 30, 2004. 2. Contract changes are as follows: Wa°es: Wage and benefit changes reflect the prevailing wage for the industry. The third year will be a reopener for wages only, 3. The remaining language provision of the previous contract remains essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has one employee in this bargaining unit. 5. The maintenance ot buildings promotes a quality learning environment that supports the teaching targei of preparing all students for life. 6. This request is submitted by Sue Gutbrod, NegotiationslLabor Relations Assistant Manager; Wayne Arndt, Negotiations/Labor Relations Manager, Richard Kreyer, Executive Director of Human Resources and Labor Reiations; Patrick Quinn, Executive Director of School Services; and Lois Rockney, Executive Director of Business and Financiaf Affairs. B. RECOMMENDATION: That the Board of Education of independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions ot employment of those employees in this schoof district for whom Minnesota Cement Masons, Plasterers and Shophands Local 633 is the exclusive representative; duration of said Agreement is for the period of May 1, 2001 through April 30, 2004. INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION SAINT PAItL PUBLIC SCHOOLS d �-��y DATE: August 28, 2001 TOPIC: Approval of an Employment Agreement With Operative Plasterers Local Union No. 265, to Establish Terms and Conditions of Employment for 2001-2004 A. PERTINENT FACTS: 1. New Agreement is for the three-year period June 1, 2001 through May 31, 2004. 2. Contract changes are as follows: Waaes: Wage and benefit changes reflect prevailing wage for the industry. The third year will be a reopener for wages onfy. F-folidavs: Changed holiday language to provide uniformity with other district contracts. 3. The remaining language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has two regular F.T.E. in this bargaining unit. 5. The maintenance of buildings promotes a quality learning environment that supports the teaching target of preparing all students for life. 6. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager; Wayne Arndt, Negotiations/Labor Relations Manager; Richard Kreyer, Executive Director of Human Resources and Labor Relations; Patrick Quinn, Executive Director of School Services; and Lois Rockney, Executive Director of Business and Financial Affairs. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of empfoyment of those employees in this school district for whom Operative Plasterers Local Union No. 265 is the exclusive representative; duration oi said Agreement is for the period oS June 1, 2001 through May 31, 2004. • � � • ARTICLE Article Article AAicle Article Article Article Article Article Article Article Article Artide Article Article Article Article Article Article Article ArtiCle Article Article Article Article Article Article Article Article Article 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. TABLE OF CONTENTS TiTLE PAGE Preamble................................................................................................................ iv Pu rpos e .................................................................................................................. 1 Recognition............................................................................................................1 EmployerRights .....................................................................................................1 UnionRights ...........................................................................................................2 Scope of the Agreement ...................................................:.................................... 2 ProbationaryPeriods .............................................................................................. 3 Philosophy of Employment And Compensation ..................................................... 3 Hoursof Work ........................................................................................................ 4 Overtime................................................................................................................ 5 CallBack ................................................................................................................ 5 WorkLocation ........................................................................................................ 6 Wages .................................................................................................................... 6 FringeBenefits ....................................................................................................... 6 Selection of Lead Plasterer and General Lead Plasterer ....................................... 7 Holidays................................................................................................................. 7 DisciplinaryProcedures ...._ ............................_........_......._.................................. 8 AbsencesFrom Work ............................................................................................8 Seniority................................................................................................................. 9 Ju risdiction ........................................................................................................... 10 Separatio ............................................................................................................ 10 Tools....................................................................................................................10 Grievance Procedure ........................................................................................... �1 Right Subcontract ............................................................................................ 13 Non-Disc ri m ination ............................................................................................... 13 Severabi ........................................................................................................... 13 Waiver ..................................................................................................................14 M ileage .................................................................................................................14 CourtDuty Leave ................................................................................................. 14 Quration Pledge ............................................................................................ 15 AppendixA ........................................................................................................... 17 AppendixB ...........................................................................................................17 AppendixC ......................................................................................................18-19 AppendixD ...........................................................................................................20 � PREAMBLE This Agreement is entered into beriveen Independent School District No. 625, hereinafter referred to as the Empioyer, and the Operative Plasterers and Cement Masons International Association Local 265, hereinafter referred to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibility of the Independent School District No. 625 for the benefit of the general public through effective labor-management cooperation. The Employer and the Union both reatize that this goal depends not only on the words in the Agreement but rather primarily on attitudes between people at all Ievels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general public. � � �J iv • ARTICLE 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1.'I Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee pertormance that is consistent with the safety and well-being of all concerned; 1.1.2 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; 1.1.3 Establish procedures to orderly a�d peacefiully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to fegislation that creates and directs the Employer. If any part of this Agreement is in conflict with such fegislation, the latter shafl prevail. The parties, on written notice, agree to negotiate that part in conifict so that it conforms to the statute as provided by Artic{e 25 (Severability), ARTIGLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for collective trargaining purposes for all personnel having an employment status of regular, � probationary, and temporary employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 90-PCL-3134 dated January 26, 1990. 2,2 The cfasses of positions recognized as being exclusively represented by the Union are as listed m Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage ali manpower, facilities, and equ�pmern: to establish functions and programs; to set and amend budgets; to determine the utdizat�on of technology; to establish and modify the organizational structure, to select, direct, and determine the number of personnel; and to perform any inherent managerial funct�on �ot specifically limited by this Agreement. 3.2 Any `term or condition of employmenY' not established by this Agreement shall remain with the Emptoyer to efiminate, modify or establish following written notification to the Union. • ARTICLE 4. UNION RlGHTS 4.1 The Employer shall deduct trom ihe wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by Yhe Union. 4.1.1 4.12 The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. The Union shall indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of this ARicle. 4.2 The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shall have the rights and respo�sibilities as designated in Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Employer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the `Yerms and conditions of employmenY' defined by Minnesota Statute § 179A.30, Subdivision 19, for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of empfoyment" established by Civil Service Rule, Council Ordinance, and Council Resolution, i � � 2 � � ARTICLE 6. PROBATIONARY PERIODS 6.i All personnel, originally hired or rehired following separation, in a regular emp{oyment status shall serve a six (6)-month probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.1.1 6.12 At any time d�ring the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions ot Article 22 (Grievance Procedure). An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termi�atio�, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher class of positions shalf serve a six (6) month promotional pro6ationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.2.1 At any time during the promotional probationary period an employee may be demoted to the employee's previously-held class of positions at the discretion of the Empfoyer wiihout appeal to the provisions of Article 22 (Grievance ProcedureJ. 62.2 An employee demoted during the promotional probationary period shall be returned to the employee's previously-held class of positions and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 7.2 7.3 The Employer and the Union are in full agreement that the philosophy of employment and compensation shall be a"cash" hourly wage and °industry' fringe benefit system. The Employer shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Article 12 (Wages) and Article 13 (Fringe Benefits). No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this Agreement. � ARTtCLE 8. HOURS OF WORK � 8.1 The normai workday shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 82 The normal work week shall be five (5) consecutive normal workdays Monday through Friday. 8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees fo enter into negotiations immediately to establish ihe conditions of such shifts and/or work weeks. 8.4 This Section shall not be construed as, and is not a guaranfee of, any hours of work per normal workday or per normal work week. 8.5 AI( employees shall be at the location designated by their supervisor, ready for work, at the established starti�g time and shall remain at an assigned work (ocation unfil fhe end of the estabiished workday unless otherwise directed by their supervisor. 8.6 All employees are subject to call back by the Employer as provided hy Article 10 (CaII Back). 8.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous workday. � r 4 � ARTICLE 9. OVERTIME 9.1 All overtime compensated for by the Empioyer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime c�aim will not be honored, even though shown on the t+me card, unless the required advance approval has been obtained. 92 The overtime rate of one and one-half (1-1/2) the basic houriy rate shall be paid tor work pertormed under the following circumstances: 9.2.1 Time worked in excess of eight (8) hours in any one normal workday; and 9.2.2 Time worked on a si�cth (6th) day following a normal work week. 9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work pertormed under the foflowing circumstances: 9.3.1 Time worked on a holiday as defined in Article 15 (Holidays); 9.3.2 Time worked on a seventh (7th) day following the normal work week; and 9.3.3 Time worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour period, provided that all "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (1-1/2). 9.4 For the purposes of calculating overtime compensation, overtime hours worked shall not be "pyramided," compounded or paid twice for the same hours worked. � 9.5 Overtime hours worked as provided by this ARicle shall be paid in cash or in compensatory time at the option of the Employer. ARTICLE 10. CALL BACK 10.1 The Employer retains the right to call back empioyees before an empfoyee has started a normai workday or normal work week and after an empioyee has completed a normal workday or normal work week. 102 Employees called back shall receive a minimum of four (4) hours of pay at the basic hourly rate. 10.3 The hours worked based on a call back shall be compensated in accordance with Article 9(Overtime), when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normai workday shall complete the normal workday and be compensated only for the overtime hours worked in accordance with Article 9 (Overtime). • 5 ARTICLE 11. WORK LOCATION 11.1 Employees shall report to work focation as assigned by a designated Employer supervisor. During the normal workday, employees may be assigned to other work locations at the discretion of the Empioyer. 112 Employees assigned to work locations during the normal workday other than their original assignment, and who are required to fumish their own transportation, shall be compensated tor mileage, as set forth in Article 27 (Mileage). ARTICLE 12. WAGES 12.1 The basic hourly wage rates as established by Appendix C shail be paid for all hours worked by an employee. �2.2 Regular employees and temporary employees shall be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (Fringe Benefits). ARTICLE 13. FRINGE BENEFlTS 13.1 The Emp�oyer shall make contributions on behalf of andlor make deductions from the wages of employees covered by this Agreement in accordance with Appendix D for all hours worked. 132 The Employer will for the period of this agreement provide, for those employees hired before February 15, 1974, and who were eligible for the Employer's Heatth and Welfare premium contributions and who have retired since June 1, 1978, such heatth insurance premium contributions up to the same dollar amounts as are provided by the Employer at the date of early retirement and the cost of premium contributions toward $5,000 life insurance coverage until such employees reach sixiy-five (65) years of age. In order to be eligibie for the premium coniributions under the provision 13.2 and 13.3 the employee must: 132.1 132.2 Be receiving benefits from a public employee retiree act at the time of retirement. Have severed the employment relationship with the City of Saint Paul andlor Independent School District No, 625 under one of the early retiree plans. 13.2.3 Inform the Human Resource Department of Independent School District No. 625 and Office of Human Resources, City of Saint Paul in writing within sbcty (60j days of empioyee's eariy retirement date that he or she wishes to be eligible for eariy retiree insurance 6enefits: 13.3 An employee who retired at age sixty-five (65) or later and who met the criteria in '13.2 or for early retirees who qualified under 13.2 and have reached age sixty-five (65) after retirement the Employer will provide payment of premium for a Medicare supplement health coverage policy selected by the Employer. � L � • 0 • � . ARTICLE 14. SELECTION OF LEAD PLASTERER AND GENERAL LEAD PLASTERER 14.1 The selection of personnel for the c{ass of position of Lead Plasterer shal{ remain solely with the Employer. ARTICLE 15. HOLIDAYS 15.1 The foifowing nine (9) days shafl be designated as unpaid holidays: New Year's Day Martin Luther King, Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day The Day Afler Thanksgiving Christmas Day January 1 Third Monday in January Third Monday In February Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25. 15.2 When New Year's Day, lndependence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The nine (9) holidays shall be considered non-workdays. 15.4 if, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 10 (Call Back). 15.5 Employees assigned to work on Martin Luther King, Jr. Day, Presidents' Day or the day atter Thanksgiving shall be compensated on a straight-time basis for such hours worked. 15.6 Employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic houriy rate for such hours worked. 15.7 If Martin Luther King Day, Presidents' Day, or the day after Thanksgiving falls on a day whe� school is in session, the employee shaA work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be determined by agreement between the employee and the supervisor. 7 ARTICLE 16. DISCIPLINARY PROCEDURES 16.1 16.2 The Empioyer shall have the right to impose discipiinary actions on empfoyees for just cause. Disciplinary actions by the Employer shall i�clude only the following actions: 162.1 Oral reprimand; 16.2.2 Written reprimand; 162.3 Suspension; 162.4 Demotion; 16.2.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shall retain all rights under Minnesota Statute § 179A20, Subd. 4, and there6y shall have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions of Article 22 (Grievance Procedure). Once an employee or the Union acting in the employee's behalf initiates review of an action, that matter shall not again be reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal workday have the responsibility to notity their supervisor of s�ch absence as soon as possible, but in no event later than the beginning of such workday. 17.2 17.3 Failure to make such notification may be grounds for discipline as provided in Article 16 (Disciplinary Procedures). Failure to report for work without notification for three (3) consecutive normal workdays may be considered a"quiY' by the Employer on the part of the employee. u � � • ARTICLE 18. SENIORITY 18.� For the purpose of this Article the following terms shall be defined as follows: 18.'1.1 The term, "Employer," shall mean Independent School District No. 625, Saint Paul Public Schools. 18.12 The term, "Master Seniority,° shall mean the length of continuous regular and probationary service with the Employer firom the date an employee was first appointed to any cfass titfe with the Employer covered by this Agreement. '18.1.3 The term, "Class Seniorit�' shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a position with the Employer in a class title covered by this Agreement. This Section 18.1.3 is intended to mean that for any person no matter what the person's prior experience or how hired by the District, the person's class seniority starts at zero the day ot appointment to a School District position in that title and begins to be calculated from that date. An employee's Class Seniority does not revert to zero following recall from an Employer initiated layoff within the twenty-four (24) month recall rights period specified in 18.4. This defiinition of cfass seniority would be used for all layoff decisions. 18.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of � illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Empfoyer or to an elected or appointed full-time position with the Union_ 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer that it is necessary to reduce the worktorce, employees will be laid off by class title within each Department based on inverse length of "Class Seniority." Employees laid off by the Employer shall have the right to reinstatement in any lower-paid class title previousiy hefd which is covered by this Agreement, provided the employee has greater "Class Seniorit�' than the empfoyee being replaced. Recall from layoff shall be in inverse order ot layoff, except that recall rights shall expire after twenty-four (24) months from the last day of work preceding the layotf. No other Civil Service recall rights to this Empfoyer shall apply. This provision does not address any rights the employee may have to be recalled to any other employer. 18.5 The selection of vacation periods shall be made by class title based on fength of "Class Seniority," subject to the approval of the Employer. � �1 ARTICLE 19. JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing emptoyees of the Employer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 19.3 In the event of a dispute concerning the performance or assignment of work, the unions involved arid ihe Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing sha!! restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 19.2 and 19.3 above shall be su6ject to disciplinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20. SEPARATION 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 20.1.1 Resiqnation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignaUon. 20.'12 Discharae. As provided in Article 16. 20.1.3 Failure to Reoort for DuN. As provided in Article 17. 202 Employees having a temporary employment status may be terminated at the discretion of the Employer before the completion of a normal workday. ARTICLE 21. TOOLS 21.1 All employees shall personally provide themselves with the tools of the trade as lisled in Appendix B. • CJ � 10 . ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shafl notify the Employer in writing of the names of the Stewards snd of their successors when so named. 222 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no �oss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs ofi the Employer. 22.3 The procedure established by this Article shall, except as previously noted in Articfe 16 (Disciplinary Procedures), be the sole and exclusive procedure for the processing oS grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 22.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and � refierred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any aNeged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reaso�able diligence should have had knowledge ot the first occurrence of the event giving rise to the grievance, shall be considered waived. Steo 2. With seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union wiihin three (3) calendar days following this meeting. The Union may refier the grievance in writing to Step 3 within seven (7) calendar days foilowing receipt of the Empioyer's written answer. Any grievance not reterred in writing by the Union within seven (7) calendar days following receipt oS the Employer's answer shall be considered waived. � 11 ARTICLE 22. GRIEVANCE PROCEDURE (continued) Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with fhe Union Business Manager or his designated representative and attempt to resoNe the grievance. Within seven (7) calendar days following this meeting, the Employer shall reply in writing to the Union stating the Employe�'s answer concerning the grievance. If, as a resuit oi the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbifrator wifhin the said seven (7)-day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike iwo (2) names from the panel. The Union shall strike the first (ist) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. • 22.5 The azbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be � without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be lafer, unless the parties agree to an e�ension. The decision shail be based soiely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on ihe Empioyer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equaliy by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party cancels an arbitration hearing or asks for a last-minute postponement that leads to the arhitrato�'s making a charge, the canceling party or the party asking for the postponement shall pay this charge. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The time fimits in each step of this procedure may be extended by mutuaf agreement of the Employer and the Union. � 12 � ARTICLE 23. RIGHT OF SUBCONTRACT 23.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting woutd result in a reduction of the workforce covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day notice of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTfCLE 24. NON-DISCRIMINATION 24.1 The terms and conditions of this Agreemerrt wifl be applied to employees equally without regard to or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or no�-membership in the Union. 24.2 Employees wifl perform their duties and responsibilities in a non-discriminatory manner as such duties and respons+bilities involve other employees and the general public. � ARTICLE 25. SEVERABILITY 25.� In the event that any provision(s) of this Agreement is declared to be contrary to Iaw by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue m full force and effect. 25.2 The part�es agree to, upon written notice, enter into negotiations to place the voided provis�ons oi the Agreement in compliance with the legislative, administrative or judicial determmation. � 13 ARTICLE 26. WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to a�y subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. 26.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or condition of employment whether speciiically covered or not specificaily covered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 26.3 Any and ali prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 27. MILEAGE - INDEPENDENT SCHOOL DfSTRICT NO. 625 Employees of fhe Schooi District, under policy adopted by the Board Education, may be reimbursed for the use of their automobiles for school business. The mileage aliowance for eiigible employees shall be 31¢ per mile, or such higher rate as may be established at the discretion of the Board. An employee must keep a record of each trip made. Reimbursement shall be for the actual mileage driven in the performance of assigned duties as verified by the appropriate school district administrator artd in accordance with School District Bus+ness Office policies and procedures. ARTICLE 28. COURT DUTY LEAVE Any employee who is required to appear in court as a juror or as a subpoenaed witness shall be paid his/her regular pay while so engaged, unless the court duty is the result of litigation undertaken by the empioyee or the Union againsY the Employer. Any fees that the employee shall receive from the court for such service shall be paid to the Employer. Any employee who is scheduled to work a shift other than the normal day[ime shift, shall be rescheduled to work the normal daytime shift during such time as he/she is required to appear in court as a juror or wftness. � � � 14 • ARTIC�E 29. DURATION AND PIEDGE 29.1 T!!i� Ag!eement shall become effective as of the date of signing, except as spec'rficaliy provided othenvise in Articies 12 and 13, and shali remain in effect though the 31st day of May 2004 and continue in effect from year to year thereafter uniess no6ce to change or to tertninate is given in the manner provided in 29.2. 292 lf either pariy desires to terminate or modify this Agreement effe�tive as of the date of expiration, the party wishing to mod'ifiy or terminate the Agreemerrt shalf give writien notice to the other party, not more than ninety (90) or fess than sixty {60) calendar days prior to the expiration date, provided that the Agreement may only be so terminated or modified eifective as of the expirafion date. 29.3 In consideration of the terms and conditions of empioyment estabiished by this Agreement and the recognftion that the Grievance Procedure herein estabiished is the means by which grievances concerning its application or interpretation may be peacefuily resolved, the parties hereby pledge that during the term of the Agreement: 29.3.1 The Union and the empioyees wili not engage in, instigate or condone any concerted action in which empioyees faii to report for duty, wiiifully absent themseives from work, stop work, slow down their work or absent themselves in whole or part from the full, faithfui performance of their duties of empioyment. 29.32 The Empioyer wiii not engage in, instigate or condone any lockout of empioyees. 29.3.3 This constitutes a tentative Agreement between parties which wi114e recommended by the schoot board negotiator, but is subject to the approval of the Board of • Education and is also subject to ratification by the Union. The parties agree and attest that this reQresents the fuil and complete understanding of the parties for the period of time herein specified by the signature of the following representatives for the Employer and the Union. W ITNESSES: INDEPENDENT SCHOOL DISTRICT NO. 625 • 15 OPERATIVE PLASTERERS AND CEMENT MASONS INTERNATIONAL Q/�o% i Date � APPENDIX A The classes of positions recognized by the Employer as being exclusively represented by the Union are as follows: Plasterer Lead Plasterer Apprentice - Plasterer and other classes of positions that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. � I_f17�G7ET All necessary hand tools. „ � 17 APPENDIX C C-1 The total hourly cost to the Employer for wages plus any and all contributions or deductions staled in Appendix D ot this Agreemeni shall not exceed the following amounts: Effective Effective Effective 6-2-01 6-7-02 5-31-03 $35.13 $37.03 " C-2 The total ta�cable hourly rate including wages and the vacation contribution in Appendix D and excluding aII other benefit costs and obligations in Appendix D, for regular and probationary employees appointed to the following classes of positions for whom the employer contributes to PERA shall be as follows: Effective 6-2-01 Effective 12-29-01 Effective Effective 6-1-02 5-31-03 Plasterer $25.13 $25.05 ., C-2A The basic hourly wage rates in this Appendix C, Section C-2A are for comaensation analvsis purposes onlv. These figures represent the portion of the Section C-1 rates above specifically allocated to wages. These rates do NOT include taxable contributions and therefore should NOT be used for taxable payroll calculations. See Section C-2 above for toYal taxable payroll information. Effective 6-2-01 Plasterer $20.48 Effective 12-29-01 $20.40 Effective Effective 6-1-02 5-31-03 • r �' u C-3 The total tauable hourly rate including wages and the vacation contribution in Appendix D for regular and probatiortary employees who were hired on or after May 1, 2001, and are exempt from PERA; for employees who opted out of receiving employer contributions to PERA during the period May 1, 2001 and December 30, 2004; and temporary employees appointed to the following classes of positions shal! be: Effective 6-2-01 Plasterer $26.43 Effective Effective 6-1-Q2 5-31-03 .. If a temporary employee working in a title listed in this Section C� becomes subject to the requiremenis of the Public Employees Retirement Act (PERA), which thereby requires the Employer to make contributions Yo PERA, the calculated hourly base rate may change so the Employer's cost does not exceed the amounts listed in C-1 above. NOTES FOR APPENDICES C-2, C-2A AND C-3: " The June 1, 20D2, hourky rates in Appendices G2 shall be determined at a later date based on the allocation agreed Yo be the Employer and the Union of the June 7, 2002, totai hourly cost stated in Appendix C-1. `* The May 3i, 2003, hourly rates in Appendices C1, C2, C2A and C3 shall be determined at a later dafe based on the allocation agreed to be the Employer and the Union of the May 31. 2003, total hourly cost determined for the third year wage re-opener. � 18 • APPENDiX C (continued) C-4 The basic hourly wage rates for the Apprentice cfass of positions: This Section is held open for the addition of appropriate Apprentice rates in the event the Employer initiates the employment of Apprentices. If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a way that the total cost of the package (wage rate plus contributions) remai�s constartt and does �ot exceed the amounts shown in Appendix C, Section C-1. • . 19 APPENDIX D Effective June 1, 2001, the Employer shall forward the amounts designated in this Appendix D for employees covered by this Agreement to depos+tories as directed by the Union and agreed to by the Employer: (1) $4.65 per hour for all hours worked from which all appropriate payroll deductions have been made to a Union-designated Vacation Fund. (2) $2.85 per hour for all hours worked to a Union-designated Health and Welfare Fund. (3) $5.75 per hour for all hours worked to a Union-designated Pension Fund. (4) $.10 per hour for aII hours worked to a Union-designated Aoarenticeship Fund. The Employer shall make legally established non-negotiated pension conYributions to PERA. Cha�ges in the mandated PERA rate may change the caiculated hourly base rate of pay so the Employer's cost does not exceed the amounts stated in C-1 above. All contributions made in accordance with this Appendix D shall be deducted from and are not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shall be forwarded to depositories as directed by the Union and agreed to bythe Employer. • The Employer shall establish Workers' Compensation and Unemployment CompensaYion programs as required by Minnesota Statutes, • Employees covered by this Agreement shall not be eligible for, governed by or accumulate vacation, sick leave, holiday, funeral leave or insurance fringe benefits that are or may be established by Personnel Rules Council Ordinance or Council Resolutions. The Empfoyer's fringe benefit obfigation to emp�oyees is fimited to the contributions and/or deductions esfab(ished by fhis Agreement. The acfual tevel of benefits provided to employees shali be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. • 20 • � r, �J TABLE OF CONTENTS ARTICLE TITLE Preambfe................°--°--°--°-......-°-°•-°-............. Article 1. Purpose ................................................................ ARicle 2. Recognition .......................................................... Article 3. Employer Rights .................................................., Article 4. Union Rights ........................................................ Article 5. Scope of the Agreement ..................................... Article 6. Probationary Periods ........................................... Article 7. Philosophy of Employment And Compensation .. Article 8. HoursoSWork ..................................................... Article 9. Overtime .............................................................. Articfe 10. Call Back ............................................................. Article 11. Work Location ..................................................... Article12. Wages ................................................................. Article 13. FringeBenefits .................................................... Articie 14. Sefection of Lead Cement Finishers ................... Article 15. Holidays ............................................................... Article 16. Discipiinary Procedures ....................................... Article 17. Absences From Work ......................................... Article 18. Seniority ............................................................... Article 19. Jurisdiction .......................................................... Article 20. Separation ........................................................... Article21. Toofs .................................................................... Article 22. GrievanceProcedure .......................................... Article 23. Right of Subcontract ............................................ Article 24. Nondiscrimination ................................................ Article 25. Severabifity .......................................................... Article26. Waiver ................................................................. Article Mileage ................................................................ Article 28. Court Duty Leave ................................................. Article 29. Duration of Pfedge ............................................... Appendix ..................................................... AppendncB ..................................................... AppendixC ..................................................... Appendix ..................................................... tlG PAGE ................................ iv ................................ 1 ................................1 ................................ 1 ................................ 2 ................................ 2 ................................ 3 ................................ 3 ................................ 4 ................................ 5 ................................ 5 ................................ 6 ................................ 6 ................................ 6 ................................ 6 ................................ 7 ................................ 8 ................................ 8 ................................ 9 ..............................10 .............................. 10 ............................... 10 ..........................11-12 ............................... 13 ............................... 13 ...............................13 ............................... 14 ............................... 14 ............................... 14 ...............................15 ............................... 16 ...............................16 ..........................17-18 ............................... 19 PREAMBLE This agreement is entered into between Independent School District No. 625, hereinafter referred to as the Empioyer, and Minnesota Cement Masons, Plasterers and Shophands Local 633, hereinafter referred to as fhe Union. The Employer and the Union concur that this agreement has as its objective the promotion of the responsibilitfes of the Independent School District No. 625 for the benefit of the general public through 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. • � . iv • ARTICLE 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this agreement is to: 1.1.1 Achieve orderly and peaceful relations, thereby establishing a system ofi uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of al1 concerned; 1.1.2 Set forth rates of pay, hours of work, and other conditions of employmeM as have been agreed upon by the Employer and the Union; 1.1.3 Establish procedures to orderly and peacefulfy resolve disputes as to the application or interpretation of this agreement without loss of productivity. 1.2 The Employer and the Union agree that this agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this agreement is to conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (Severability). ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnei having an employment status ot regular, � probationary, and temporary employed in the cfasses of positions detined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 90-PCL-3162 dated February 15, 1990. 22 The classes of positions recognized as being exclusively represented by the Union are as listed in Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perEorm any inherent managerial function not specifical�y limited by this agreeme�t. 3.2 Any "term or condition of employmenY' not established by this agreement shall remain with the Employer to eliminate, modify or establish following written notification to the Union." � ARTICLE 4. UNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union, 4.1.1 4.1 2 The Employer shall not deduct dues from the wages of employees covered by this agreement for any other labor organization. The Union shall indemnify and save harmless the Employer from any and al! claims or charges made against the Employer as a result of the implementation of this article. 4.2 The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Emptoyer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Employer where employees covered by this agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This agreement estabtishes the "terms and conditions ot employmenY' defined by Minnesota Statutes § 179A.03, Subdivision 19, for all employees exclusively represented by the Union. This agreement shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. • � �J 2 • ARTICLE 6. PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6)-month probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.1.1 At any time the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.1.2 An employee terminated during the probationary period shall receive a written notice of the reason(s} for such termination, a copy ot which shall be sent to the Union. 62 All personnel promoted to a higher class of positions shall serve a six (6) month promotional probationary period during which time the employee's fitness and abiliYy to perform the class of positions' duties and responsibilities shall be evaluated. 62.1 At any time during the promotional probationary period an empfoyee may be demoted to the employee's previously-held class of positions at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.2.2 An employee demoted during the promotional probationary period shall be returned to the employee's previously-held class of positions and sha�l receive a written notice of the reasons for demotion, a copy of which shall be sent to the � Union. ARTICLE 7. PNILOSOPNY OF EMPLOYMENT AND COMPENSATION 7.1 The Empfoyer and the Union are in full agreement that the philosophy of empioyment and compensation shafi be a"cash" hourly wage and "industry" fringe beneiit system. 7.2 The Employer shall compensate empioyees for ail hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages) and 13 (Fringe Benefits). 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this agreement. i ARTICLE 8. HOURS OF WORK 8.1 The normal workday shall be eighi (8} consecutive hours per day, excluding a thirty (30j minute unpaid Iunch period, between 7:00 a.m, and 5:30 p.m. 8.2 The normal work week shall be five (5) consecutive normal workdays Monday ihrough Friday. 8.3 If, during the term of this agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal workday or per norma! work week. 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established workday unless otherwise directed by their supervisor. 8.6 Afi empioyees are subject to call-back by the Employer as provided by Article 10 (Cail Back). 8.7 Empioyees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) f�ours, at the basic hourly rate, un(ess notification has been given not to report for work prior to leaving home, or during the previous workday. � � � 4 • ARTICLE 9. OVERTIME 9.'I AII overtime compensated for by the Empfoyer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance approvaf has been obtained. . 9.2 The overtime rate of one and one-half (1-'I{2) the basic hourly rate shalf be paid for work performed under the fiolfowing circumstances: 9.2.1 Tlme worked in excess of eight (8) hours in any one normal workday, and 9.2.2 Time worked on a sixth (6th) day following a normal work week. 9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the fallowing circumstances: 9.3.1 Time worked on a holiday as defined in Article 15.6 {Holidays). 9.32 Time worked on a seventh (7th) day foflowing a normal work week. 9.4 For the purposes ofi calculating overtime compensation, overtime hours worked shall not be "pyramided," compounded or paid twice for the same hours worked. 9.5 Overtime hours worked as provided by this article shall be paid in wages or in compensatory time as determined by the Employer. �.J ARTICLE 10. CALL BACK 10.1 The Employer retains the right to call back employees before an employee has started a normal workday or normal work week and after an employee has completed a normal workday or normal work week. 102 Employees called back shall receive a minimum of four (4) hours of pay at the basic hourly rate. 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9(Overtime), when applicabfe, and subject to the minimum established by 10.2 above. 10.4 Employees called back tour (4) hours or less prior to their normal workday shall complete the normal workday and be compensated only for the overtime hours worked in accordance with Article 9 (Overtime). � !.7 ARTICLE 11. WORK LOCATION 1 t.1 Employees shall repoR to work location as assigned by a designated Employer supervisor. During the normal workday, employees may be assigned to other work locations af the discretion of the Employer. 11.2 Employees assigned to work locations during the normal workday other than their original assignment, and who are required to furnish their own transportation, shall be compensated for mileage as set forth in Article 27 {Mileage). ARTICLE 12. WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. i22 Regular employees and temporary employees shall be compensated in accordance with Article �2.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf in accordance with Article 13.f (Fringe Benefits). ARTICLE 13. FRINGE BENEFITS 13.1 The Employer shall make co�tributions on behalf of and/or make deductions from the wages of employees covered by this agreement in accordance wiYh Appendix D for al! hours worked. Y 3.2 The Empioyer will for the period of this agreement provide, for those empioyees who were hired prior to February 15, 1974, and who were eligible for the Employer's Health and Weifare premium contributions and who have retired since May 8, �978, such health insurance premium contributions up to the same dollar amounts as are provided by the Employer at the date of early retirement and the cost of premium contributions toward $5,000 Iife insurance coverage until such employees reach sixty-five (65) years of age. In order to be eligible for the premium contributions under the provision 132 and 13.3 the employee must: 132.� 132.2 Be receiving benefits from a public employee retiree act at the time of retirement. Have severed the employment relationship with the City of Saint Paul and/or Independent School District No. 625 under one of the early retiree plans. 132.3 Inform the Human Resource Department of Independent School District No. 625 and the Office of Human Resources, City of Saint Paul in writing within siuty (60) days of employee's eady retiremen# dafe that he. or she wishes to be eligible for earl y retiree insurance benefits. '13.3 An empbyee who retired at age siaty-five (65) or later and who met the criteria in 13.2, or for early retirees who qualified under 13.2 and have reached age siuty-five (65) after retirement the Employer will provide payment of premium for a Medicare supplement health coverage policy selected by the Employer. ARTICLE 14. SELECTfON OF LEAD CEMENT FINISHERS • � � 0 • i4.1 142 14.3 14.4 The sefection of personnel for the class of position Lead Cement �i�isher shall remain solely with the Employer. The class of position Lead Cement Finisher shall be filled by empfoyees of the bargaining unit on a `Yemporary assignment." All "temporary assignments" shall be made only at the direction of a designated Employer supervisor. Such "temporary assignments" shall be made only in cases where the class ot positions is vacant for more than one (1) normal workday. ARTICLE 15. HOLIDAYS 15.1 The following nine (9) days shall be designated as unpaid holidays: � New Year's Day Martin Luther King, Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Day January 1 Third Monday in January Third Monday in February Last Monday in May July A First Monday in September Fourth Thursday in November Fourth Friday in November December 25 15.2 When New Year's Day, independence Day or Christmas Day falis on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falis on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The nme (9) holidays shall be considered non-workdays. 15.4 If, in the �udgment oS the Employer, personnel are necessary for operating or emergency reasons. employees may be scheduled or °called back" in accordance with Article � 0(Call Backj. 15.5 Employees assigned to work on Martin Luther King, Jr. Day, Presidents' Day or the day after Thanksgiving shall be compensated on a straight-time basis for such hours worked. 15.6 Empioyees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shal{ be compensated at the rate of two (2) times the basic hourly rate for such hours worked. 15.7 if Martin Luther King, Jr. Day or Presidents' Aay fialls on a day when schooi is in session, the employees entitled to a holiday shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be determined by agreement between the employee and supervisor. a ARTICLE 16. DISCIPLINARY PROCEDURES 16.1 The Employer shall have the right to impose discipiinary actions on employees for just cause. 162 Disciplinary actions by the Employer shall include only the following actions: � 6.2.'I Oral reprimand; 16.2.2 Written reprimand; 162.3 Suspension; 16.2.4 Demotion; 16.2.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shall retain all rights under Minnesota Statutes § 179A.20, Subd. 4, and thereby shall have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions of Article 22 (Grievance Procedure). Once an employee or the Union acting in the employee's behalf initiates review of an action, that matter shall not be reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.1 Empioyees who are unable to report for their normal workday have the responsibility to notify thefr supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 7 7.2 17.3 Failure to make such notification may be grounds for discipline as provided in Article 16 (Disciplinary Procedures), Failure to report for work without notification for three (3) consecutive normal workdays may be considered a"quit° by the Empioyer on the part of the employee. • � u • ARTICLE 18. SENIORITY 18.� For the purpose of this article the fo{lowing terms shalf be defined as follows: 18.1.'I The term, "Employer," shall mean Independent School pistrict No. 625, Saint Paul Public Schools. 18.1.2 The term, "Master Seniority," shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to any class title with the Employer covered by this agreement. 18.1.3 7he term, "Class Seniority' shail mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a position with the Employer in a class title covered by this agreement. This section 18.1.3 is intended to mean that for any person �o matter what the person's prior experience or how hired by the District, the person's class seniority starts at zero the day of appointment to a School District position in that title and begins to be calculated from that date. An employee's Class Seniority does not revert to zero following recall from an Employer initiated layoff within the twenty-four (24) month recall rights period specified in 18.4. This definition of class seniority shall be used for al! layoff decisions. 182 Seniority shafi not accumulate during an unpaid teave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the � unclassified service of the Employer or to an elected or appointed full-time position with the Union. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer that it is necessary to reduce the workforce, employees will be faid off by class title within each Department based on inverse length of "Cfass Seniority." Employees laid off by the Employer shafl have the right to reinstatement in any lower-paid class title previously held which is covered by this agreement, provided the employee has greater "Class Seniorit}1' than the employee being replaced. Recall from layoff shall be in inverse order of Iayoff, except that recall rights shall expire after 24 months from the last day of work preceding the layoff. No other Civil Service recall rights to this Employer shall apply. This provision does not address any rights the employee may have to be recalled to any other employer. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority," subject to the approval ot the Employer. u ARTICLE 19. JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject to determination by the various unions representing employees of the Employer. 192 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. i9.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict ihe right of the Employer to accomplish the work as originally assigned pending resolution of the dispute, or restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 192 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20, SEPARATION 20.1 Employees having a probationary or regular empioyment status shall be considered separated trom employment based on the following actions: 20.1.1 20.12 20.1.3 Resiqnation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resigrtation. Discharqe. As provided in Article 16. Failure to Reoort for Dutv. As provided in Article 17. 202 Employees having a temporary employment status may be terminated at the discretion of the Employer before the compleYion ot a normal workday. ARTICLE 2�. TOOLS 21.1 AII employees shall personally provide themselves with the tools of the trade as listed in Appendix B. r � i yo � ARTICLE 22. GRIEVANCE PROCEDURE 22.'I The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the Stewards and of their successors when so named. 22.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is Iimited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only whe� consistent with such employee duties and responsibilities. The Steward involved and a grieving empfoyee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 22.3 The procedure established by this article shall, except as previously noted in Article 16 (Disciplinary Procedures), be the sole and exclusive procedure fior the processing of grievances, which are defined as an alleged violation of the terms and conditions of this agreement. 22.4 Grievances shall be resolved in conformance with the following procedure: Steo 1. Upon the occurrence of an alleged violation of this agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the emp{oyee's satisfaction by the irrformal discussion, it may be reduced to writing and � referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the agreement violated, and the relief requested. Any alleged violatio� of the agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use ot reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resofve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Empioyer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. � 11 ARTICLE 22. GRIEVANCE PROCEDURE {continued) . Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or the designated representative and attempt to resolve the grievance. Within seven (7) calendar days foilowing fhis meeting, the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Ste� 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Emptoyer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7} calendar days after notice has been given. If the parties fail to mutualiy agree upon an arbitrator within the said seven (7)-day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have rto right to amend, modify, nullify, ignore, add to or subtract from the provisions of this agreement. The arbitrator shall consider and decide only the specific issue submitted in wrifing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shalf be � without power to make decisions contrary to or inconsistent with or modifying or varying in any way the appiication of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirry (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree !o an e�ension. The decision shail be based solely on the arbitrator's interpretation or application of the express terms of this agreement and to the facts of the grievance presented. The decision of the arbitrator shall be finai and binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for fhe arbitrator's services and proceedings shalf be borne equaily by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The Yime limits in each step ot this procedure may be extended by mutual agreement of the Employer and the Union. � 12 • ARTICLE 23. RIGHT OF SUBCONTRACT 23.1 The Employer may, at any time during the duration of this agreement, contract out work done by the employees covered by this agreement. in the everrt that such contracting wouid resuit in a reduction of the workforce covered by this agreement, the Empfoyer shall give the Union a ninety (90) calendar day notice of the intention to subcontract. 232 The subcontracting of work done by the employees covered by this agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NONDISCRIMINATION 24.1 The terms and conditions of this agreement will be applied to employees equally without regard to or discrimination for or against, a�y individual because of race, color, creed, sex, age or because of inembership or nonmembership in the Union. 242 Employees will perform their duties and respo�sibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 25. SEVERABILITY � 25.1 In the event that any provision(s) of this agreement is declared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 252 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the agreement in compliance with the Iegisiative, administrative or judiciaf determination. � 13 ARTICLE 26. WAIVER 26.1 The Employer artd the Union acknowledge that during ihe meeting and negotiating which resuited in this agreement, each had the right and opportunity to make proposals with respect fo any subject concerning the terms and conditions of empioyment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this agreement. 262 Therefore, the Employer and the Union for the duration of this agreement agree that the other party shall not be obligated to meet and negotiate over any term or condition of employment whether specitically covered or not specifically covered by this agreement. The Union and Employer may, however, mutually agree to modify any provision of this agreement. 26.3 Any and alI prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the exient they are inconsistent with this agreement, are hereby superseded. ARTICLE 27. MILEAGE u Employees of the School District, under policy adopted by the Board Education, may be reimbursed for the use of their automobiles for school business. The mifeage aliowance for eiigible employees shali be 31� per mile, or such higher rate as may be establfshed at the discretion of the Board. An employee must keep a record of each trip made. Reimbursement shall be for the actual � mileage driven in the performance of assigned duties as ver'rfied by the appropriate school district administrator antl in accordance with School District Business Office policies and procedures. ARTfCLE 28. COURT DUTY LEAVE Any employee who is required to appear in court as a juror or as a subpoenaed witness shall be paid his/her regular pay while so engaged, unless the court dury is the result of litigation undertaken by the employee or the Union against the Employer. Any fees that the employee shall receive from the court tor such service shall be paid to the Employer. Any employee who is scheduled to work a shift other than the normal day[ime shift, shall be rescheduled to work the normal daytime shift during such time as he/she is required to appear in court as a juror or witness. � 14 � • ARTICLE 29. DURATION OF PLEDGE 29.1 292 This agreement shaii become effective as of the date of signing, except as spec�cally provided in Articles 12 and 13, and shai! remain in effect through the 30th day of April, 2004 and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 292. If either party desires to tertninate or modify this agreement effective as of the date of expiration, the parry wishing to modifiy or terminate the agreement shaii give written notice to the other party, not more than ninety (90) or less than sixry (60) calendar days prior to the expiration date, provided that the agreement may only be so tertninated or mod'rfied effective as of the expiration date. 29.3 in consideration of the terms and cond�tions of empbyment established try this agreement and tfie recognition thaf the Grievance ProCedure herein estabiished is the means by which grievances concesning its appiication or interpretation may be peacefuily resolved, the parties hereby pledge that during the term ot She agreement: 29.3.1 The Union and the employees will not engage in, instigate or condone any concerted action in which employees fail to report for duty, willfuliy absent themseives from work, stop work, slow down their work or absent themselves in whole or part from the fuii, faithfui performance of their duties of empioyment. 29.3.2 The Employer wiil not engage in, instigate or condone any lockout of employees. 29.3.3 This constitutes a tentative Agreement between the parties which will be recommended by the schooi board negotiator, but is subject to the approval of the Board of Education and is also subject to ratification by the tlnion. Agreed to and attested to as the fuli and compiete understanding of the parties for the period of time herein specified by the signature of the fotlowing representatives for the Empioyer and the Union: WlTNESSES: INDEPENDENT SC}i00L DiSTR1CT NO. 625 MINNESOTA CEMEf�T MASOPlS, PIASTERERS A43D SHOPHA(SDS LOCAt NO. 633 � ..�� 'L C�? Busin s Manager 7-t9-�� Date � 15 �Z�- �/ Date APPENDIX A The classes of positions recognized by the Employer as being exclusively represented by the Union are as foffows: Cement Finisher Apprentice-Cement Finisher and other classes of positions that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. APPENDIX B All necessary hand tools. � • ` I � \ I � \J APPENDlX C C-1. The total hourly cost io the Employer for wages pius any and afl contributions or deductions stated in Appendix D of this agreement shall not exceed the following amounts: Cement Finisher Effective Effective Effective ENective 5-5-01 6-2-01 5-4-02 53-03 $34.80 $34.80 $36.65 '* C-2. The total taxable hourfy rate including wages and the vacation contribution in Appendix D and excluding all other benefit costs and obligations in Appendix D, for regular and probationary emp{oyees appointed to the following classes of positions sha11 be as follows: Cement Finisher Effective Effective 5-5-01 6-2-01 $25.52 $24.90 Effiective Effective 5-4-02 5-3-03 G-2A. The basic hourly wage rates in this Appendix (G2A) are for comaensation analvsis purposes onlv. These figures represent the portion of the Appendix C-1 rates above specifically allocated to wages. These rates do NOT include taxable benefits contributions and therefore shoufd NOT be used for taxable payroll calculations. See Appendix C-2 above for total taxable payroll information. Cement Finisher Effective 5-5-01 $21.45 Effective 6-2-0� $22.37 Effective 5-402 Effective 5-3-03 <> 17 APPENDIX C (continued) C-3. The total faxable hourly rafe including wages and the vacation contribufion in Appendix D for temporary employees appointed to the following classes of positions shall be: Effective 5-5-01 Cement Finisher $26.84 Effective 6-2-01 $26.19 If a temporary employee working in a title tisted in this Appendix C-3 becomes subject to the requirements of the Public Employees Retirement Act (PERA), which thereby requires the Employer to make confributions to PERA, the calculated hourly base rate may change so the Employer's cosi does ttot exceed the amounts listed in Ci above. NOTES FOR APPENDICES C-2. C-2A AND C-3: ' The May 4, 2002, hourly rates in Appendices G2, C-2A and C3 shall be determined at a later date based ort the allocation agreed to by the Employer and the Union of the May 4, 2002, total hourly cost stated in Appendix C-1. " The May 3, 2003, hourly rates in Appendices C-2, C-2A and C3 shall be determined at a later date based on the aliocation agreed to by the Employer and the Union of the May 3, 2003, total hourly cost determined for the third year wage reopener. C-4. The basfc hourly wage rates for the Apprentice class of positions: This section is held open for the addition of appropriate Apprentice rates in the event the Empioyer initiates the smployment of Apprentices. If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a way that the total cost of the package (wage rate plus contributions) remains constant and does not exceed the amounts shown in Appendix C, Section C-1. • � r7 L� m Effective Effective 5-4-02 5-3-03 . APPENDIX D Effective May 5, 2001, the Empfoyer shali fornrard the amounts designated in this Appendix D for employees covered by this agreement to depositories as directed 6y the Union and agreed to by the Employer: (1) $3.15 per hour for all hours worked from which all appropriate payrolf deductions have been made to a Union-designated Vacation and Savinas Fund. (2) $2.76 per hour fior all hours worked to a Union-designated Health and W elfare Fund. (3) $4.95 per hour for all hours worked to a Union-designated Pension Fund. (4) $.25 per hour for aI� hours worked to a Union-designated Aoprenticeship Fund. Effective June 2, 2001, the Employer shall forvvard the amounts designated in this Appendix D for employees covered by this agreement to depositories as directed by the Union and agreed to by the Employer: (1) $3.45 per hour for all hours worked from which alf appropriate payrolf deductions have been made to a Union-designated Vacation and Savinps Fund. (2) $2.86 per hour for all hours worked to a Union-designated Health and Welfare Fund. ` (3) $5.45 per hour for all hours worked to a Union-designated Pension Fund. (4) $.30 per hour for all hours worked to a Union-designated Aoprenticeship Fu�d. The Employer sha�l make legally estabfished non-negotiated pension contributions to PERA. Changes in the mandated PERA rate may change the calculated hourly base rate of pay so the Employer's cost does not exceed the amounts fisted in C1 above. All contributions made in accordance with this Appendix D shall be deducted from and are not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shall be forwarded to depositories as directed by the Union and agreed to by the Employer. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Employees covered by this agreement shall not be eligible for, governed by or accumulate vacation, sick leave, holiday, funera{ leave, or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance or Councif Resolutions. The Employer's fringe benefit obligation to empioyees covered by this agreement is fimited to the contributions andior deductions established by this agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has fonvarded contributions and/or deductions. • 19 � � � TABLE OF CONTENTS ARTICLE TITLE Preamble .................................................................. Article1. Purpose .................................................................... Article 2. Recognition .............................................................. Article 3. EmployerRights ....................................................... Article 4. Union Righis ............................................................. Article 5. Scope of the Agreement ......................................... Article 6. Probationary Period .................................................. Article 7. Philosophy o( Employment and Compensation....... Article 8. Hours of Work ......................................................... Article 9. Overtime .................................................................. Article 10. Call Back ................................................................. Article 11. Work �ocation ......................................................... Article�2. Wages ..................................................................... Article �3. FringeBenefits ........................................................ Article 14. Selection of Foreman and General Foreman.......... Article 15. Holidays ................................................................... Article 16. Disciplinary Procedures ........................................... Article �7. Absences From Work ............................................. Article 18. Seniority ................................................................... Article 19. Jurisdiction .............................................................. Article 20. Separation .........................°---......---........................ Article21. Tools ........................................................................ Article 22. GrievanceProcedure .............................................. Article 23. Right of Subcontract ................................................ Article 24. Nondiscrimination .................................................... Article 25. Severability .............._....---._............................._...... Article26. Waiver ..................................................................... Article 27. Mileage - Independent School District No. 625....,.. Article 28. Court Duty Leave ..................................................... Article 29. Duration and Pledge ................................................ AppendixA .............................................................. AppendixB .............................................................. AppendixC .............................................................. AppendixD .............................................................. � PAGE ............................................... iv ............................................... 1 ............................................... 1 ............................................... � ............................................... 2 ............................................... 2 ............................................... 3 ................................................ 3 ................................................ 4 ................................................ 4 ................................................ 5 ................................................ 5 ................................................ 5 ................................................ 6 ................................................ 6 ................................................ 7 ................................................ 8 ................................................ 8 ................................................ 9 .............................................. 10 .............................................. 10 ..............................................10 .........................................11-12 .............................................. 13 .............................................. 13 .................................._........._ 13 ..............................................14 .............................................. 14 .............................................. 14 .............................................. 15 .............................................. 16 .............................................. 17 .........................................18-19 .............................................. 20 • PREAMBLE This Agreement is entered inio between Independent School District No. 625, hereinafter referred to as the Employer, and the Lakes and Plains Regional Council of Carpenters and Joiners of United Brotherhood of Carpenters and Joiners of America, hereinafter referced to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the Independent School Districi No. 625 for the benefit of the general public through effective labor-management cooperation. The Employer and the Union both realize that this goal depends not only on the words in the Agreement, bui 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. � • iv • ARTICLE 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1.1 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of aIl concerned; 1.1.2 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; 1.1.3 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 12 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (Severability). ARTICLE 2. RECOGNITION 2,1 The Empfoyer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, � probationary, and temporary employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 89-PR-2359 dated November 20, 1989. 2.2 The cfasses of positions recognized as being exclusivefy represented by the Union are as listed in Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all employees, 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 specitically limited by this Agreement. 32 Any "term or condition of employmenY' not established by this Agreement shall remain with the Employer to eliminate, modify or establish following written notification to the Union. • ARTICLE 4. UNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authoNze such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1.1 4.1.2 The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. The Union shali indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of tfiis Article. 42 The Union may designate one (t ) employee from the bargaining unit to act as a Steward a�d shall inform the Employer irt writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Employer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employment" detined by Minn. Stat. § 179A.03, Subdivision 19, for all employees exclusively represented by the Union. This Agreement shall supersede such `Yerms and conditions of employmenY' established by Civil Service Rule, Council Ordinance, and Councii Resolution. • � • • ARTICLE 6. PROBATIONARY PERVOD 6.1 All personnel, originaffy hired or rehired foflowing separation, in a regular employment status shall serve a six (6)-month probationary period during which time the empioyee's fitness and ability to pertorm the class of positions' duties and responsibilities shall be evaluated. 6.1.� At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeaf to the provisions of Article 22 (Grievance Procedure). 6.1.2 An employee termi�ated during the probationary period shail receive a written notice of the reason(s) fior such termination, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher class of positions shall serve a six (6)-month promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.2.1 At any time during the promotional probationary period an employee may be demoted to the employee's previously-held class of positions at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.2.2 An employee demoted during the promotional probationary period shall be returned to the employee's previously-held class of positions and shall receive a written notice of the reasons for demotion, a copy ot which shall be sent to the � Union. ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The Employer and the Union are in full agreement that the philosophy of employment and compensation shall be a"cash" hourly wage and "industry' fringe benefit system. 72 The Employer shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages) and 13 (Fringe Benefits). 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this Agreement. u K3 ARTICLE 8. HOURS OF WORK � � The normal workday shall be eight (8) consecutive hours per day, exduding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. The normal work week shall be five (5) consecutive normal workdays Monday through Friday. 8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. � 8.5 � This Section shall not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal work week. AII employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established workday unless otherwise directed by their supervisor. All employees are subject to call back by the Employer as provided by Article 70 (Call Back). 8.7 Employees reporting tor work at ihe established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rafe, unless notification has been given noY to report for work prior to leaving home, or during the previous workday. ARTICLE 9. OVERTIME 9.� All overtime compensated for by ihe Empfoyer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit uniess approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 9.2 9.3 E� The overtime rate of one and one-ha(f (1-1/2) the basic hourly rate shali be paid for work performed under the following circumstances: 9.2.1 Time worked in excess of eight (8) hours in any one normal workday, and 922 Time worked in excess of forty (40) hours in any seven (7)-day period. For the purpose of calculating overtime compensation, overtime hours worked shall not be "pyramided;' compounded or paid twice for the same hours worked. Overtime hours worked as provided by this Article shall be paid in cash or in compensatory time. The method of payment shall be determined solely by the Employer. r� U r� �J . • ARTICLE 10. CALL BACK i0.1 The Employer retains the right to call back empfoyees before an employee has started a t normal workday or normal work week and after an employee has completed a normal workday or normal work week. 10.2 Employees called back shall receive a minimum of four (4) hours of pay at the basic � hourly rate. 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9(Overtime), when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or fess prior to their normal workday shall complete the normal workday and be compensated only for the overtime hours worked in accordance with Article 9 (Overtime). ARTICLE 11. WORK LOCATION 71.1 Employees shall report to the work location as assigned by a designated Employer supervisor. During the normal workday, employees may be assigned to other work locations at the discretion of the Employer. � 112 Employees assigned to work locations during the normal workday, other than their original assignment, and who are required to furnish their ow� transportation, shafl be compensated for mifeage, as set foRh in Article 27 (Mileage). ARTICLE 12. WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Regular employees and temporary employees shall be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13.1 (Fringe Benefits). � !.7 ARTICLE 13. FRINGE BENEFITS t3.1 The Employer shall make contributions on behaif of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix D for all hours worked. 13.2 The Employer will for the period of this Agreement provide, for those employees hired before February 15, 1974, and who were eligibie for the Employer's Health and Welfare premium contributions and who have retired since May 15, 1978 such health insurance premium contributions up to the same dollar amounts as are provided by the Employer at the date of early retirement and the cost of premium contributions toward $5,000 life insurance coverage until such employees reach sixty-five (65) years of age. In order to be eligibte for the premium contributions under the provision 132 and 13.3 the employee must: 132.1 1322 Be receiving benetits from a public employee retiree act at the Yime of retirement. Have severed the employment relationship with the City of Saint Paul and/or Independent School District No. 625 under one of the early retiree plans. 13.2.3 Inform the Human Resource Department of Independent School District No. 625 and Office of Human Resources, City of Saint Paul in wrifing within sixty (60) days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 13.3 An employee who retired at age si�cty-five (65) or later and who met the criteria in 13.2 or for early retirees who qualified under 132 and have reached age sixty-five (65) after retirement the Employer will provide payment of premium for a Medicare supplement health coverage policy selected by the Employer. ARTICLE 14. SELECTION OF FOREMAN AND GENERAL FOREMAN 94.1 14.2 14.3 The selection of personnel for the ciass of position Carpenter Foreman shatl remain solely with the Employer. The class of position Carpenter Foreman shall be filled by employees of the bargaining unit on a `Yemporary assignment" Ail `Yemporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal workday. � � • � u • ARTICLE 15. HOLIDAYS 15.1 The following nine (9) days shall be designated as holidays: New Year's Day Martin Luther King Jr. Day Presidents' Day Memoriai Day Independence Day Labor Day Thanksgiving Day The Day After Thanksgiving Christmas Day January 1 Third Monday in .lanuary Third Monday in February Last Monday in May Juiy 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25 15.2 When New Year's Day, Independence Day or Christmas Day talls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The nine (9) holidays shall be considered non-workdays. 15.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 10 (Call Back). 15.5 Employees assigned to work on Martin Luther King Day, Presidents' Day, or the day after Thanksgiving or sha11 be compensated on a straight-time basis for such hours worked. 15.6 Employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. 15.7 If Martin Luther King Day or Presidents' Day falfs on a day when school is in session, the employees shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be determined by agreement between the employee and his supervisor. ri ARTICLE 16, DISCIPLINARY PROCEDURES 16.1 16.2 The Employer shall have the right to impose disciplinary actions on employees for just cause. Disciplinary actions by the Employer shall include only the following actions: 162.1 Oral reprimand; 16.2.2 Written reprimand; 16.2.3 Suspension; 16.2.4 Demotion; i62.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shall retain all rights under Minn. Stat. §. 179A.20, Subd. 4, and thereby shall have the righf to request thai such actions be considered a"grievance" for the purpose of processing through the provisions of Article 22 (Grievance Procedure). Once an employee or the Union in the employee's behalf initiates review of an action, that matter shall not be again reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal workday have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 17.2 � 7.3 Failure to make such notification may be grounds for discipline as provided in Article 16 (Disciplinary Procedures). Failure to report for work without notification for three (3) consecutive normal workdays may be considered a"quit" by the Employer on the part of the employee. • � • :3 � ARTICLE 18. SENIORITY 1 S.1 For the purpose of this Article the following terms shall be defined as follows: �8.�.1 The term, "Empioyer," shall mean Independent School District No. 625, Saint Paul Pubfic Schools. 18.12 The term, "Master Seniority," shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to any class title with the Employer covered by this Agreement. 181.3 The term, "Class Seniorit�' shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a position with the Employer in a class title covered by this Agreement. This Section 18.1.3 is intended to mean that for any person no matter what the person's prior experience or how hired by the District, the person's class seniority starts at zero the day of appointment to a School District position in that title and begins to be calculated firom that date. An employee's Class Se�iority does not revert to zero fiollowing recail from an Employer initiated layoff within the twenty-four (24) month recall rights period specified in �8.4. This definition of class seniority would be used for all layoff decisions. � 18.2 Seniority sha{{ not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of ilfness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer; or to an elected or appointed full-time position with the Union. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer that it is necessary to reduce the workforce, employees will be laid off by class title within each department based on inverse length of "Class Seniority." Employees laid off by the Employer shall have the right to reinstatement in any lower-paid cfass title previously held which is covered by this Agreement, provided the employee has greater "Class Seniorit�' than the employee being repfaced. Recafl from layoff shail be in inverse order of layoff, except that recall rights shall expire atter twenty-four (24) months from the fast day of work preceding the layoff. No other Civil Service recall rights to this Employer shall apply. This provision does not address any rights the employee may have to be recalled to any other employer. 18.5 The selection of vacation periods shafl be made by dass title based on length of "Class Seniority," subject to the approval of the Employer. � ARTICLE 19. JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of the Empioyer, 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 19.3 In the event of a dispute concerning ihe perforrnance of assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work, 19.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 192 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20. SEPARATlON 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 20.1.1 20.1.2 20.1.3 Resipnation. Emptoyee resigning from employment shal� give written notice fourteen (14) calendar days prior to the effective date of the resignation. Discharqe. As provided in Article 16. Faiiure to Reoort for DuN. As provided in Article 17. 20.2 Emptoyees having a temporary employment status may be terminated at the discretion of the Employer before the completion of a normal workday. ARTICLE 21. TOOLS • � 21.1 AII employees shall personally provide themselves with the tools of the trade as listed in Appendix B. • 10 • ARTICLE 22. GRIEVANCE PROCEA�RE 22.1 The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the Stewards and of their successors when so named. 222 it is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 22.3 The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, except as previously noted in Article 16 (Disciplinary Procedures). Grievance is defined as an alleged violation of the terms and conditions of this Agreement. 22.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and � referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the tacts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shafl be considered waived. Steo2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt ofi the Employer's answer shall be considered waived. Steo 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated employer supervisor shall meet with the union business manager or his designated represeniative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the employer shall reply in writing to the Union stating the employer's answer concerning the grievance. lf, as a result of the written response, the grievance remains unresoived, the Union may refer the grievance to step 4. Any grievance not referred in writing by the Union to step 4 within seven (7) calendar days following receipt of the employer's answer shall be considered waived. • y� ARTICLE 22. GRIEVANCE PROCEDURE (confinued} Stee 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after ihe response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutualfy agree upon an arbitrator within the said seven (7)-day period, either party may request the Bureau of Mediation 3ervices to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1si) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent wifh or modifying or varying in any way the application of laws, rules or regulations having the torce and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, uniess the parties agree to an extension. The decision shall be based solely on the arbitrato�'s interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. � 22.6 The fee and expenses for the arbitrator's services and proceedings shall be borne equally � by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 Tfie fime limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. • 12 • ARTICLE 23. RIGHT OF SUBCONTRACT 23.'I The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction of the workforce covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day notice of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NONDISCRIMINATION 24.1 The terms and conditions of this Agreement will be applied to employees equally without regard to or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or non-membership in the Union. 24.2 Employees will perform their duties and responsibilities i� a non-d'+scriminatory manner as such duties and responsibilities involve other employees and the general public. � ARTICLE 25. SEVERABILITY 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 252 The paRies agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative or judicial determinatfon. � 13 ARTICLE 26. WAIVER . 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resuited in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employmenY. The agreements and understa�dings reached by the parties after the exercise of ihis right are fuily and completely set forth in this Agreement. 26.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shall not be obligated fo meef and negotiate over any term or condition of employment whether specifically covered or not specifically covered by this Agreemenf. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 27. MtLEAGE - INDEPENDENT SCHOOL DISTRICT NO. 625 Employees of the Schoof Disfrict, under policy adopted by the Board Education, may be reimbursed for the use of their automobiles for school business. The mileage allowance for eligible employees shall be 31 ¢ per mile, or such higher rate as may be established at the discretion of the Board. An employee must keep a record of each trip made. Reimbursement shall be for the � actual mileage driven in the performance of assigned duties as verified by the appropriate school district administrator and in accordance with Schoo! District Business Office policies and procedures. ARTICLE 28. COURT DUTY LEAVE Any employee who is required to appear in court as a juror or as a subpoenaed witness shall be paid his/her regular pay while so engaged, unless the court duty is the result of litigation undertaken by the employee or the Union against the Employer. Any fees that the employee shall receive from the court for such service shall be paid to the Employer. Any employee who is scheduled to work a shift other than the normal daytime shift, shall be rescheduled to work the normal day[ime shift during such time as he/she is required to appear in court as a juror or witness. . 14 . ARTiCLE 29. DURATfON AND PLEDGE 29.1 This Agreement shafl become efifiecCrve as of the date ot signing, except as specificaily provided othenvise in Articfes 12 and 13, and shail remain in effect through the 30th day ot April, 2004, and continue in efifect from year to year thereafter unless notice to Change or to terminate is given in the manner provided in Articie 25. 292 If either party desires to terminate or modify this Agreement efifiective as of the date of expiration, the party wishing to modify or terminate the Agreement shaif give written notice to the other party, not more than ninety (90) or less than si�cry (60) calendar days prior to the expiration date, provided that the Agreement may only be so terminated or mod'rfied effective as of the expirafion date. 29.3 In consideration of the terms and conditions of empioyment established by this Agreement and the recognition that ihe Grievance Procedure herein estabiished is the means by which grievances concerning its application or interpretation may be peacefully resolved, ihe parties hereby piedge that during the term of the Agreement: 29.3.1 The Union and the empioyees will not engage in, instigate or condone any concerted action in which employees faii to report for duty, wilifully absent themselves from work, stop work, siow down their work or absent themselves in whole or part from the fuil, faithful performance of their duties of empioyment. 29.3_2 The Employer wiil not engage in, instigate or condone any lockout of employees. � • 29.3.3 This co�stitutes a tentative agreement beriveen the parties which wiil be recomme�ded by the school board negotiator, but is subject to the approvai of the Board of Education and is also subject to ratification by fhe Union. The pasties agree and attest by the signature of the fol(owing representatives for the Employer and the Union that this represents the full and complete understanding of the parties for the period ot time herein specified. W ITNESSES: INDEPENDENT SCHOOL DISTRfCT NO. LAKES AND PLAINS REGIOSJAL COUNCtL 625 OF CARPENTERS AND ,lOINERS �ti� � —�.�_ { Chair, Soar Educ ' Sus+ness Manage ��.�h� �0 Negotiations/Labor Relations Manager Date Negotiations/ or Re ations Assistant Ma ager � Date 15 r��»�du7►7 � The classes of posifions recognized by the Empfoyer as being exclusively represented by the Union are as folfows: Carpenter Carpenter Foreman Apprentice - Carpenter and other classes of positions that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. 16 � � � APPENDIX C C1. The total hourly cost to the Employer for wages plus any and all contributions or deductions stated in Appendix D of this Agreement shall not exceed the following amounts; Carpenter Carpenter Foreman Effective 5-5-01 $34.69 $36.44 Effective Effective 5-4-02 5-3-03 C2. The total taxable hourly rate including wages and the vacation fund and holiday f�nd contributions in Appendix D and excluding all other benefit costs and obligations in Appendix D, for regular employees for whom the employer contributes to PERA and who are appointed to the following classes of positions shall be as follows: Carpenter Carpenter Foreman Effective Effective Effective Effective 5-5-01 9-8-01 5-4-02 5-3-03 $25.74 $25.69 � "' $27.41 $27.36 � "' • • C2A. The basic hourly wage rates in this Appendix (C2A) are for compensation analvsis pumoses o�. These figures represent the portion of the Appendix C1 rates above specifically allocated to wages. These rates do NOT include tarable contributions and therefore should NOT be used tor taxable payroll calculations. See Appendix C2 above for total taxable payroll information. Carpenter Carpenter Foreman Effective Effective Effective Effective 5-5-01 9-8-0'I 5-4-02 5-3-03 $22.67 $22.62 ' " $24.34 $24.29 ' `� � � � • � C3. The total taxabfe hourly rate including wages and tfie vacation corrtribution in Appendix D for regular and probationary employees who were hired on or after May �, 2000, and are exempt from PERA; for employees who opted out of receiving employer contributions to PERA during the period May 1, 2000 and December 30, 2000; and temporary employees appointed to the following classes of positions shall be: Carpenter Carpenter Foreman Effective 5-5-01 $27.06 $28.81 Effective 9-8-01 $27.0� $28.76 Effective Effective 5-4-02 5-3-03 � » .� If a temporary employee working in a title listed in this Appendix C3 becomes subject to the requirements of the Public Employees Retirement Act (PERA), which thereby requires the Employer to make contributions to PERA, the calculated hourly base rate may change so the Employer's cost does not exceed the amounts listed in C1 above. NOTES FOR APPENDICES G2, G2A AND C-3: * The May 4, 2002, hourly rates in Appendices C-2 shall be determined at a later date based on the allocation agreed to by the Employer and the Union of the May 4, 2002, total hourly cost stated in Appendix C-1. '" The May 3, 2003, hourly rates in Appendices C1, C2, C2A and C3 shall be determined at a later date based on the allocation agreed to by the Employer and the Union of the May 3, 2003, total hourly cost determined for the third year wage re-opener. C4. C5. The basic hourly wage rates Sor the Apprentice class of positions: This Sectio� is held open for the addition of appropriate Apprentice rates in the event the Employer initiates the employment of Apprentices. General Items if the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the rates in Appendix C, Sections C2 through C4 in such a way that the total cost of the package (wage rate plus contributions) remains constant and does not exceed the amounts shown in Appendix C, Section Ci. fi�.] APPENDIX D Effective May 5, 2001, the Employer shall forward the amounts designated in this Appendix D for employees covered by this Agreemer�t to depositories as directed by the Union and agreed to by the Employer. (1) $1.82 per hour for all hours worked trom which all appropriate payroA deductions have been made to a Union-designated Vacation/Dues Fund. (2) $125 per hour for all hours worked from which all appropriate payroll deductions have been made to a Union-designated Holidav Fund, for regular employees paid at the Appendix C4 rate. (3) (4) (5) $2.75 per hour for all hours worked to a Union-designated Health and Weffare Fund. $3.70 per hour for all hours worked to a Union-designated Defined Benefit Pension Fund. $1.00 per hour for all hours worked to a Union-designaYed Defined Contribution Pension Fund. (6) $.18 per hour for al! hours worked to a Union-designated Apprenticeship Fund. The Employer shall make legally established non-negotiated pension contributions to PERA. Changes in the mandated PERA rate may change the calculated hourly base rate of pay so the Employer's cost does not exceed the amounts listed in C1 above. Effective September 1, 2001, all full-time regularly employed carpenters will be covered under the school districYs group long-term disability plan. The cost for this plan will be deducted from the C7 total hourly cost. If the premium the district pays for this coverage increases or decreases thereby increasing or decreasing the premium cost for employees, fhe C1 total hourly cast will be adjusfed accordingly. All contributions made in accordance with this Appendix D shall be deducted from and are not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shall be forwarded to depositories as directed by the Union and agreed to by the Employer. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota statutes. Employees covered by this Agreement shall not be eligible for, governed by or accumulate vacation, sick leave, holiday, funeral leave, or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance or Council Resolutions. � � The Employe�'s fringe benefiY obligation to employees covered by this Agreement is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits ----- "�- --- ---providedtaecuplo�tees_shall be the responsibility of the Trastees ot the various funds to which the Employer has forwarded contributions ana7or d�ctiotts -----.-,____ __-_- ,__..__ u 20 � � � • ARTICLE Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Articie Article Article Article Article Article Article Article Article Article Article 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. TABLE OF CONTENTS TiTLE PAGE Preambie............................................................................................................ iv Purpose ..................................................................................................................1 Recognition............................................................................................................ 1 EmployerRights........-°°°° ....................................................................................2 UnionRights ........................................................................................................... 2 Scope The Agreement ...................................................................................... 2 ProbationaryPeriods .............................................................................................. 3 Philosophy of Employment And Compensation ..................................................... 3 Hoursof Work ......................°--°............................................................................4 Overtime................................................................................................................ 4 CallBack ................................................................................................................ 5 WorkLocation ........................................................................................................5 Wages.................................................................................................................... 6 FringeBe�efits ........................................................°.............................................7 Selection of Foreman and General Foreman ........................................................ 7 Holidays ................................................................................................................. 8 Disciplinary Procedures ......................................................................................... 9 Absences From Work ............................................................................................9 Seniority --......--° ................................................................................................... 10 Jurisdiction ........................................................................................................... 1'I Separation ............................................................................................................ 11 Tools....................................................................................................................11 Grievance Procedure ........................................................................................... 12 Rightof Subcontract ............................................................................................ 14 Non-Discrim ination ...............................................................................................14 SeverabiI ity ........................................................................................................... 14 Waiver ..................................................................................................................15 Mileage................................................................................................................. 15 CourtDuty Leave ................................................................................................. 15 Durationand Pledge ............................................................................................16 Appendix ....................................................................................................... 17 Appendix ....................................................................................................... 17 Appendix ................................................................................................ 18-19 Appendix ....................................................................................................... 20 � PREAMBLE This Agreement is entered into between Independent School District No. 625, hereinafter referred to as the Employer and the International Brotherhood of Painters and Allied Trades Local 61. hereinafter referred to as the Union. The Empfoyer and the Union concur that this Agreement has as its objective tfie promotion of the responsibilities of the Independent School District No. 625 for the benefit of the general pubiic through effective labor-management cooperation. The Employer and the Union both realize that this goal depends not only on the words in the Agreement bui rather primarily on attitudes between people at al! levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general public. � r • iv • ARTIG�E 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1.� Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest Ievel of employee performance that is consistent with the safety and well-being of all concerned; 1.1.2 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; �.1.3 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without Ioss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (Severability). ARTICLE 2. RECOGNITION � 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for afl personnel having an empfoyment status of regular, probationary, and temporary employed in the classes of positions defined in 2.2 as certitied by the Sureau of Mediation Services in accordance with Case No. 90-PCL-3108 dated December 29, 1989. 2.2 The classes of positions recognized as being exclusively represented by the Union are as listed in Appendix A. u ARTICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operaie and manage a!I manpower, facilities, and equipment; to establish funcYions and programs; to set and amend budgets; to determine the ufilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent manageria! function not specifically limited by this Agreement. 32 Any `Yerm or condition of employmenY' not established by this Agreement shall remain with the Employer to eliminate, modify or establish following written notification to the Union. ARTiCLE 4. UNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1.1 4.2 4.�.2 The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. The Union shall indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of this Article. The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Empfoyer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the `Yerms and conditions of employmenY' defined by Minnesota Statute §179A.03, Subdivision i9, for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. � s � 2 • ARTICLE 6. PROSATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) month probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.1.1 At any time during the probationary Qeriod an employee may be terminated at the discretion of the Employer without appeal to the provisions ot Article 22 (Grievance Procedure). 6.12 An employee terminated during the probationary period shafl receive a written notice of the reason(s) for such termination, a copy of which shall be seM to the Union. 6.2 All personnel promoted to a higher class of positions shall serve a six (6) month promotional probationary period during which time the employee's fitness and abilily to perform the class of positions' duties and responsibilities shall be evaluated. 6.2.1 At any time during the promotional probationary period an employee may be demoted to the employee's previously-held class of positions at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.2.2 An employee demoted during the promotional probationary period shall be returned to the employee's previously-held class of positions and shail receive a written notice of the reasons for demotion, a copy of which shall be sent to the � Unio�. ARTICLE 7. PHiLOSOPHY OF EMPLOYMENT AND COMPENSATION 7,1 The Employer and the Union are in full agreement that the philosophy of employment and compensation shall be a"cash" hourly wage and "industry' fringe benefit system. 72 The Employer shall compensate employees for afl hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages) and 13 (Fringe Benefits). 7.3 No other compensation or fringe benefits shall be accumulated or earned by an employee except as specifically provided for in this Agreement; except those employees who have individually optioned to be "grandfathered" as provided by Article 122. u ARTtCLE 8. HOURS OF WORK • 8,1 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 82 The normal work week shall be five (5) consecutive normal workdays Monday through Friday. 8.3 If, during the term of this Agreement, it is necessary in the Empioyer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This Section shall not be construed as, and is nof a guarantee of, any hours of work per normal workday or per normal work week. 8.5 AII employees shall be at the location designated by their supervisor, ready for work, at the estabiished starting time and shall remain at an assigned work location until the end of the established workday unless otherwise directed by their supervisor. 8.6 All employees are subject to call back by the Employer as provided by Articie 10 (Cail Back). 8.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notitication has been given not to report for work prior to leaving home, or during the previous workday. ARTICLE 9. OVERTfME 9.1 Time on the payrofl in excess of the normal hours set forth above shall be `overtime work" and shall be done oniy by order of the head of the department. An employee shall be recompensed for work done in excess of the normal hours by being granied compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the Employer. 9,2 The rate of one and one-half (i-1/2) the hourly rate shail be the overtime rate for work performed under the following circumstances: 92.1 Time worked in excess of eight (8) hours in any one normal workday, and 9.2.2 Time worked in excess of forty (40) hours in any work week. 7he time and one-half overtime rate shall be based on the total rate, including any premium pay, being earned during the overtime hours worked. For the purpose of calculating overtime compensation, overtime hours worked shall nof � u 0 • ARTICLE 10. CALL BACK t0.1 The Employer retains the right to call back employees before an employee has started a , normal workday or normal work week and after an employee has completed a normal workday or normal work week. 102 Employees called 6ack shall rece+ve a minimum of four (4) hours of pay at the basic � hourly rate. 10.3 The hours worked based on a call back shall be compensated in accordance with Articie 9(Overtime), when appficable, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal workday shall complete the normal workday and be compensated only for the overtime hours worked in acCOrdance with Article 9 (Overtime). ARTICLE 11. WORKLOCATION 11.1 Employees shall report to work location as assigned by a designated Employer supervisor. During the normal workday, employees may be assigned to other work locatio�s at the d'+scretion of the Employer. 112 Employees assigned to work locations during the normal workday other than their original � assignment, and who are required to furnish iheir own transportation, shalY be compensated Sor mileage, as provided '+n Article 27 (Mileage). • 5 ARTICLE 12. WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 122 Empioyees who were covered by the fringe benefits listed below prior to February i5, 1994, shall be considered for purposes ot Yhis Agreement, non-participaYing employees and shall continue to be covered by such benefits. They shall be subject to aIl other provisions of the Agreement, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (Fringe Benefits}. 122.1 Insurance premium contributions as established by Independent School District No. 625 including life and health insurance premium contributions for early retirees as of the time of the early retirement who have retired since May 23, 1973 in such time as they reach sixty-five (65) years of age. In order to be eligible for the health insurance premium contributions under the early retiree or retiree provision, the employee must: 12.2.1.1 1222 12.2.3 iP��C! 12.2.1.2 Be receiving benefits from a public empfoyee retirement acf at the time of retirement. Have severed the employment relationship with the City of Saint Paul and Independent School District No. 625 under one of the eariy retiree plans. 122.1.3 Inform the Personnel Offices of Independent School Districi No. 625 and the City of Saint Paul in writing within 60 days of employee's early retirement date tfiat he or she wishes to be eligible for early retiree insurance benefits. 12.2.1.4 Retire prior to April 30, 2000. Sick leave as established by the Civil Service Rules, Sectlon 20. Vacation as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. Nine (9) legal holidays as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision 1. 12.3 Regular employees not covered by the fringe benefits listed in Article 122 shall be considered, fior the purposes of this Agreement, participating employees and shall be compensated in accordance with Article 72.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article � 3(Fringe Benefits). 72.4 Temporary emptoyees shal! be considered, (or the purposes of this Agreement, participating employees and shall be compensated in accordance with Article 12.1 (Wages) and have fringe taenefit contributions and/or deductions made in their behalf as __...._---- ------- --, ----_----PFOVided-focby..Acticlel3_(�onge Benefits)_ _ �2.5 All regular employees employed after February 15, 1974, shali be considered, for the purpose of this Agreement, participating employees and shall be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Articfe 13 (Fringe Benefits). L � L� • • ARTICLE '13. FRINGE BENEFITS 13.1 The Employer shall make contributions on behalf of and/or make deductions from the wages of participating employees as defined by Articles 12.3, 12.4, and 12.5 covered by this Agreement in accordance with Appendix D for all hours worked. ARTICLE 14. SELECTION OF FOREMAN AND GENERAL FOREMAN 14.1 The selection of personnel for the class of position Painter Foreman shall remain solely with the Empfoyer. 14.2 The class of position Painter Foreman shall be filled by employees of the bargaining unit on a "temporary assignment " 14.3 All "temporary assignments" shall be made only at the direction of a designated Employer supervisor. 14.4 Such �temporary assignments" shall be made only in cases where the cfass of positions is vacant tor more than one (1) normaf workday. � � ARTICLE 15. HOLIDAYS • 15.1 The following nine (9) days shall be designated as holidays: New Year's Day, Martin Luther King, Jr. Day, Presidenfs' Day, Memorial Day, lndependence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Christmas Day, January � Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25. 152 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The nine (9) holidays shall be considered non-workdays. 15.4 If, in the judgment of ihe Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or "cailed back" in accordance with Articie 10 (Call Back). 15.5 Participating employees as defined in Articles 12.3, 12.4, and 12.5 assigned to work on Martin Luther King, Jr. Day, Presidents' Day or the day after Thanksgiving shall be compensated at the basic hourly rate for such hours worked. 15.6 Such participating employees assigned to work on New Year's Day, Memorial Day, independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated ai the rate of two (2) times the basic hourly rate for such hours worked. 15.7 If an empioyee other than a participating employee entitled to a holiday is required to work on Martm �uther King, Jr. Day, Presidents' Day or the day after Thanksgiving, the employee shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department permits or shall be paid on a straight-time basis for such hours worked in addifion to his regular holiday pay. If an employee other than a participating employee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Chnstmas Day, the employee shall be recompensed for work done on this day by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and- one-haH basfs for such hours worked in addition to his regular holiday pay. Eiigibiiity for holiday pay shall be determined in accordance with Section t, Subsection f of the Saint Paul Salary Ptan and Rates of Compensation. � 15.8 If Martin Luther King, Jr. Day, Presidents' Day or the day after Thanksgiving falls on a day --------------- --_--___._�hen�chool is in session, the employee shall work that day at straight time and another day shail be designated as the� o i ay. is tlesignated .__� agreement between the employee and his supervisor. . • � ARTICLE 16. DISCIPLINARY PROCEDURES 16.1 The Employer shall have the right to impose disciplinary actions on employees ior just cause. 162 Disciplinary actions by the Employer shail include only the following actions: �62.1 Oral reprimand; 16.2.2 Written reprima�d; 16.2.3 Suspension; 16.2.4 Demotion; 162.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shall retain all rights under Minnesota Statute §179A.20, Subd. 4, and thereby shafl have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions of Article 22 (Grievance Procedure). Once an employee or the Union in the employee's behalf initiates review of an action, that matter shall not again be reviewed in another forum. Oraf reprimands shall not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.t Employees who are unable to report for their normal workday have the responsi6ility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 17.2 17.3 Failure to make such notification may be grounds for discipline as provided in Article 16 (Disciplinary Procedures). Failure to report for work without notification for three (3) consecutive normal workdays may be considered a"quit" by the Employer on the part of the employee. �.�J ARTICLE 18. SENIORITY • 18.1 For the purpose of this Article the following terms shall be defined as follows: 18.1.1 The term, °Employer," shall mean Independent School District No. 625, Saint Paul Public Schools. 18.1.2 The term, °Master Seniority,° shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to any class title with the Employer covered by this Agreement. 18.1.3 The term, "Class Seniority' shal! mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a position with the Employer in a class title covered by this Agreement. This Section 18.�.3 is intended to mean that for any person no matter what the person's prior experience or how hired by the District, the person's class seniority starts at zero the day of appointment to a School District position in that title and begins to be calculated from that date. An employee's Class Seniority does not revert to zero following recall from an Employer initiated layoff within the twenty-four (24)-month recall rights period specified in 18.4. This definition of ciass seniorify would be used for all lay-off decisions, 182 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed ful!-time position with � the Union. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer that it is necessary to reduce the workforce, employees will be laid off by class title within each Department based on inverse length of "Class Senioriry." Empioyees laid off by the Employer shall have the right to reinstatement in any lower-paid class title previously held which is covered by this Agreement, provided the employee has greater "Class Seniority" than the employee being replaced. Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after twenty-four (24) months from the Iast day of work preceding the layoff. No other Civil Service recall rights to this Employer shall apply. This provision does not address any rights the employee may have to be recatled to any other employer. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority," subject to the approvai of the Employer. � . 10 • � � ARTICLE 19. JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing empfoyees of the Empfoyer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 19.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Empfoyer and as clarified by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20. SEPARATION 20.1 Empfoyees having a probationary or regufar employment status shalf be considered separated from employment based on the tollowing actions: 20.1.1 20.1.2 20.1.3 Resiqnation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. Discharqe. As provided in Article 16. Failure to Reoort for Dutv. As provided in Article 17. 202 Employees having temporary employment status may be terminated at the discretion of the Employer befiore the completion of a normal workday. ARTICLE 21. TOOLS 21.� AII employees shall personally provide themselves with the tools of the trade as listed in Appendix B. 11 ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shall recognize Stewards selected in accordance witfi Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the Stewards and of their successors when so named. 22.2 It is recognized and accepted by the Employer and the Union Yhat the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 22.3 The procedure established by this Articie sha(I, except as previously noted in Article i6 (Disciplinary Procedures), be the sole and exclusive procedure, for the processing of grievances, which are defined as an alleged violation of the terms and cortditions of this Agreement. 22.4 Grievances shall be resolved in conformance with Yhe following procedure: • Steo 1. Upon the occurrence of an alleged violation of Yhis Agreement, Yhe employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature � of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within seven (7} days of the date when the grievant with the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievartce, shall be considered waived. Step2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days foliowing receipt of the Employe�'s answer shall be considered waived. \ J 12 • ARTICLE 22. GRIEVANCE PROCEDURE (continued) Step 3. Within seven (7) cafendar days following receipt of a grievance referred from Step 2, a designated Employer Supervisor sha!! meet wfth the Union Business Manager or the designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. if, as a resuit of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not reterred in writing by the Union may refer the grievance to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 4. if the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7)-day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no � authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifyi�g or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application ofi the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, a�d the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible fior compensating its own representative and witnesses. If either party cancels an arbitration hearing or asks for a last-minute postponement that leads to the arbitrator's making a charge, the canceling party or the party asking for the postponement shall pay this charge. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays tor the record. 22.7 The time limits in each step of this procedure may be exte�ded by mutual agreement of the Employer and the Union. • 13 ARTICLE 23. RIGHT OF SUBCONTRACT • 23,1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such coniracting would result in a reduction of the workforce covered by this Agreement, the Employer shall give the Union a ninery (90) calendar day notice of the intention to subcontract. 232 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance wifh Ordinance No. 14013. ARTICLE 24. NON-DISCRIMINATION 24.t The terrns and conditions of this Agreement will be applied to employees equally without regard to or discriminaYion for or against, any individual because ot race, color, creed, sex, age or because of inembership or non-membership in the Union. 242 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 25. SEVERABILITY 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legisiative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. Alt other provisions shall continue in full force and effect. 252 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of fhe Agreement in compliance with the legislafive, administrative or judiciai determination. � �� • 14 � ARTtCLE 26. WAIVER 26.1 The Employer and the Union acknowfedge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any sub}ect concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fulfy and completely set forth in this Agreement. 262 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or condition of employment whether specifically covered or not specifically covered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with ihis Agreement, are hereby superseded. ARTICLE 27. MILEAC�E - INDEPENDENT SCHOOL DISTRICT NO. 625 Employees of the School District, under policy adopted by the Board Education, may be reimbursed for the use of their automobiles for school business. The mileage aflowance fior eligible employees shall be 31 rC per mile, or such higher rate as may be established at the � discretion of the Board. An employee must keep a record of each trip made. Reimbursement shall be for the actual mileage driven in the performance of assigned duties as verified by the appropriate school district administrator and in accordance with School District Business Office policies and procedures. ARTICLE 28. COURT DUTY LEAVE Any employee who is required to appear in cour[ as a juror or as a subpoenaed witness shal! be paid hislher regular pay while so engaged, unless the court duty is the result of litigation undertaken by the employee or the Union against the Employer. Any fees that the employee shali receive from the court for such service shall be paid to the Employer. Any employee who is scheduled to work a shift other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as helshe is required to appear i� court as a juror or witness. . 15 ARTICLE 29. DURATION AND PLEDGE 2� 1 This Agreement shall become effective as of the date of signing, except as spec�caily provided otherwise in Articies 12 and 13, and shal► remain in effeci through the 30th day of April, 2004, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 292. 292 tf either party desires to tertninate or mod'rfy this Agreement effective as of the date of expfration, the party wishing to modify or tertninate the Agreement shali give written noGce to the other party, not more than ninety (90) or iess than sixty (60) calendar days prior to the expiration dafe, provided that the Agreement may only be so tertninated or modfied effective as of fhe expiration date. 29.3 In consideration of the terms artd conditions of employment established by this Agreemeni and the recognition that the Grievance Procedure herein established is the means by which grievances conceming its appiication or interpretaYion may be peacefuliy resolved, the parties hereby ptedge that during the term of the Agreement: 29.3.1 The Union and the empioyess will not engage in, instigate or condone any concerted action in which empioyees faii to report for duty, wilHully absent themselves from work, stop work, slow down their work or absent themselves in whole or part from ihe full, fadhful pertormance of their duties of employment. 29.32 The Empfoyer will not engage in, instigate or condone any lockout of employees. 29.3.3 This constitutes a tentaGve Agreement between the parties which will be recommended by the schoot board negotiator, but is subject to the approva( of the Board of Education, and is also subject to rat"rfication by the Union. Agreed fo and attested to as the full and compiete understanding of the parties for the period of time herein specified by the signature of the foilowing representaUves for the Employer and the Union. � � W ITNESSES: INDEPENDENT SCHOOL DISTR(CT NO. 625 tNTERNATIONAL UIV(ON OF PAINTERS AND ALLIED TRADES D(STRICT COUNCIL 82 BusJ,n �'fa g `��/� �/�,� I Date Assistant Manager _ _ �l, o�b � � ----__ __ __ _ Da _._..--- . _.__�____ _,____. _�---,._ __ • 16 • APPENDIX A The classes of positions recognized by the Employer as being exclusively represented by the Union are as follows: Pairrter Painter Foreman Apprentice - Painter and other classes of positions that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. APPENDIX B • Duster Wall Scrapers Putty Knife Broad Knife Hammer Screwdrivers � 17 APPENDIX C C-7. The total hourly cost to the Empioyer for wages plus any and all contributions or deductions stated in Appendix D of this Agreement shall not exceed the following amounts: Painter Painter Foreman Effective 5-5-01 $33.78 $34.78 Effective 5-4-02 $35.63 $36.63 Effective 5-4-03 C-2. The total taxable hourly rate including wages and the vacation and working assessment contributions in Appendix D and excluding all other benefit costs and obligations in Appendix D, for regular and probationary employees for whom the employer contributes to PERA and who are appointed to the following classes of positions shall be as follows: Effective Effective Effective Effective 5-5-07 �2-29-01 5-4-02 5-4-03 Painter $22.20 $22.13 ' "' Painter Foreman $23.15 $23.07 ' " Note: The December 29, 2001, rate change is due to a change in the mandated PERA rate. C-2A. The basic hourly wage rates in this Appendix (C-2A) are for compensation ana sis aurposes onlv. These figures represent the portion of the Appendix C-1 rates above specificalty ailocated to wages. These rates do NOT include ta�cabie benefit contributions and therefore should NOT be used for tanable payroti calculations. See Appendix C-2 above for total taxable payroll information. Effective Effective Effective Effective 5-5-01 12-29-01 5-4-02 5-4-03 Painter $20.70 $20.63 ' " Painter Foreman $21.65 $21.57 ' " Note; The December 29, 2001, rate change is due to a change in the mandated PERA rate. C3. The total taxable hourly rate inciuding wages and the vacation contribution in Appendix D for temporary employees appointed to the foilowing cfasses of positions shall be: Effective Effective Effective 5-5-01 5-4-02 5-4-03 Painter $25.00 * '* . ..._..,- -----__...—__ �._ . - Painter Foreman $26.00 " _ �"—'""'� -- --�-�- �- - If a temporary employee working in a titie listed in this Appendix C-3 becomes subject to the requirements of the Public Emp�oyees Retirement Act (PERA), which thereby requires the Emp�oyer to make contributions to PERA, the calculated hourly rate may change so the Employer's cost does not exceed the amounts listed in C-1 above. � � � m • APPENDIX C (continued) C-4. The total taxable hourly rate including wages and the vacaiion contribution in Appendix D for regular and probationary employees who were hired on or after May 1, 2001, and are exempt from PERA and for employees who opted out of receiving employer contributions to PERA during the period May 1, 2001 and December 30, 200'I, who are appointed to the following classes of positions shall be: Painter Painter Foreman Effective 5-5-01 $23.35 $24.35 NOTES FOR APPENDICES G2. G2A, G3, and G4: .+ ., The May 4, 2002, hourly rates in Appendices C-2, C-2A, C-3, and C-4 shall be determined at a later date based on the allocation agreed to by the Employer and the Union of the May 4, 2002, total hourly cost stated in Appendix G-1. `* The May 3, 2003, hourly rates in Appendices Ca, C2, C2A, C3, and C-4 shall be determined at a later date based on the allocation agreed to by ihe Employer and the Union of the May 3, 2003, total hourly cost determined for the third year re- opener. � C-5. The basic hourly wage rates for the Apprentice class of positions: This Sectfon is held open for the addition of appropriate Apprentice rates in the event the Empfoyer initiates the employment of Apprentices. If the Union elects to have the contributions Iisted in Appendix D increased or decreased, the Employer may ad�ust the rates in Appendix C, Sections C-2 through C-4 in such a way that the total cost of the package (wage rate plus contributions) remains constant and does not exceed the amounts shown �n Appendix C, section C-1. PREMIUM PAY ASSIGNMENTS: W hen performmg the following types of work, the rate of pay shall be seventy-five cents ($.75) per hour over the basic hourly wage rate oE any cfass of positions. Sandbtast�ng, hot water pressure washing, swing stage work, erected structural steel skeleto� work, all bridge work, ail exterior work where safety belt or window }acks are used, spray painting and when applying materials over 50% creosote, for application of aII two-component epoxy materials. • Effective Effective 5-4-02 5-4-03 19 APPENDIX D Effective May 5, 2001, the Employer shatl forward the amounts designated in this Appendix D for participating employees covered by this Agreement and defined in Articles 12.3, 12.4, and 12.5 to depositories as directed by the Union and agreed to by the Employer: (1) $1.50 per hour for aIl hours worked from which all appropriate payroll deductions have been made to a Union-designated Vacation Fund. (2) $3.15 per hour for all hours worked to a Union-designated Health and Welfare Fund. (3) $4.50 per hour for all trours worked to a Urtion-designated Pension Fund (4) $2.50 per hour tor all hours worked to a Union-designated international Pension Fund, for regular employees paid at the Appendix C-2 and C-4 rate; $.85 per hour for all hours worked for temporary employees paid at the Appendix C-3 rate. (5) $28 per hour for alt hours worked to a Union-designated Apprenticeship Fund. The Employer shall make legally estahlished non-negotiated pension contributions to PERA. Changes in the mandated PERA rate may change the calculated hourly base rate of pay so the Employer's cost does not exceed the amounts listed in C-� above. � All contributions made in accordance with this Appendix D shalf be deducted from and are not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shall be forwarded to depositories as directed by the Union and agreed to by the Employer. The Employer shall establish Workers' Compensation and Unempioyment Compensation � programs as required by Minnesota statutes. PaKicipating empbyees as defined in Articles 72.3, 12.4, and 12.5 covered by this Agreement shal! not be eligible for, governed by or accumulaYe vacation, sick leave, holiday, funeral leave, or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance or Council Resolutions. The Employer's fringe benefit obligation to participating employees as defined in Articles 12.3, 12.4, and 12.5 is limited to the contributions andlor deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. • � • . � • ARTICLE Article Article Article Article Article Article Article Article Article Article Article Article Article ArtiCle Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. TABLE OF CONTENTS TITLE PAGE Preamble................................................................................................................ iv Purpose .................................................................................................................. 1 Recognition............................................................................................................ 1 EmployerRights ..................................................................................................... 1 UnionRights ...........................................................................................................2 Scopeof the Agreement ........................................................................................ 2 ProbationaryPeriods .............................................................................................. 3 Philosophy of Employment and Compensation ..................................................... 3 Hoursof Work ........................................................................................................4 Overtime................................................................................................................ 4 CalfBack ................................................................................................................ 5 WorkLocation ........................................................................................................5 Wages .................................................................................................................... 6 FringeBenefits ....................................................................................................... 7 Selection of Lead Bricklayer and General Lead Bricklayer .................................... 7 Holidays................................................................................................................. 8 Disciplinary Procedures ......................................................................................... 9 Absences From Work ............................................................................................9 Seniority............................................................................................................... 10 Jurisdiction........................................................................................................... 11 Separation............................................................................................................ 11 Tools.................................................................................................................... 11 Grievance Procedure ......................................................................................12-13 Rightof Subcontract ............................................................................................14 Non-Discrimination ...............................................................................................14 Severability ...........................................................................................................14 W aiver .......................................°°°-°--°°--......---..................---.._......................... 15 Mileage - Independent School District No. 625 .................................................... 15 CourtDuty Leave ................................................................................................. 15 Durationand Pledge ............................................................................................ 16 AppendixA ..................................................................................................... 17 AppendixB ..................................................................................................... 17 AppendixC ................................................................................................18-19 AppendixD .....................................................................................................20 � • PREAMBLE This Agreement is entered into between Independent School District No. 625, hereinafter referred to as the Employer and the Bricklayers and Allied Craftsworkers Local Union No. 1, 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 Independent School District No. 625 for the benefit of the general public through 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 Yhe needs of the general public. i C� ,� • ARTICLE 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1.1 Achieve order{y and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safiety and well-being of alf concerned; �.12 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; 1.�.3 Estabfish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. It any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (Severability). ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for collective � bargaining purposes for all personnel having an employment status of regular, probationary, and temporary employed in the classes of pos+tions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 90-PCL-3142 dated February 2, 1990. 22 The classes of positions recognized as being exclusively represented by the Union are as listed in Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all manpower, facilities, and equipment; to establish tunctions 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. 32 Any "term or condition of employment" not established by this Agreement shall remain with the Employer to eliminate, modify or establish following written notification to the Union. • ARTICLE 4. UNION RIGHTS _ 4.2 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1.1 4.1.2 The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. The Union shal! indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of tfiis Article. The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the Employer in writing ot such designaYion. Such employee shall have the right and responsibilities as designated in Article 22 (Grievance Procedure). 4,3 Upon notification to a designated Employer supervisor, the President of the Union or the designated representative shall be permitted to enter the facilities of the Employer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the `Yerms and conditions of employment" defined by Minnesota Statute § 179A.03, Subdivision 19, for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. . i • • ARTICLE 6. PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired fiollowing separation, in a regular employment status shall serve a six (6) month probationary period during which time the employee's fdness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.1.1 At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeaf to the provisions of Articfe 22 (Grievance Procedure). 6.1.2 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 62 All personnel promoted to a higher class of positions shall serve a six (6) month promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.2.1 At any time during the promotional probationary period an employee may be demoted to the employee's previously-held class of positions at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.22 An employee demoted during the promotional probationary period shall be returned to the employee's previo�sly-held class of positions and shall receive a written notice of ihe reasons for demotion, a copy of which shall be sent to the � Union. ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The Employer and the Union are in full agreement that the philosophy of employment and compensation sha11 be a"cash" hourry wage and "industr�' fringe benefit system. 7.2 The Employer shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages) and 13 (Fringe Benefits). 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this Agreement; except those employees who have individualfy optioned to be "grandtatfiered" as provided by Article 12.2. • ARTICLE 8. HOURS OF WORK � 8.1 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 82 7he normal work week shall be five (5) consecutive normal workdays Monday through Friday. 8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This Section shall not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal work week. 8.5 AII employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain af an assigned work location unfil the end of the established workday unless otherwise directed by their supervisor. 8.6 All employees are subject to call back by the Employer as provided by Article i0 (Cal! Back). 8.7 Employees reporting for work at the established starting iime and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous workday. ARTICLE 9. OVERTIME � 9.1 All overtime compensated for by the Employer must receive prior authorization from a desfgnated Employer supervisor. No overtime work cfaim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 92 The overtime rate of one and one-half (1-1/2) the basic hourly rate shall be paid for work performed under the following circumstances: 9.2.1 Time worked in excess of eight (8) hours in any one normal workday, and 9.2.2 Time worked in excess of forty (40) hours in a seven (7)-day period. 9.3 For the purposes of calculating overtime compensation, overtime hours worked shall not be "pyramided," compounded or paid twice for the same hours worked. 9.4 Overtime hours worked as provided by this Article shall be paid in cash or in -� __ . ..._._,.,____ �P rY Y F� Y - c ensato time-astJeterfnt -b -the, m a ec_...�-- -.,_. • � • ARTICLE �0. CALLBACK 10.1 The Employer retains the rigM to call back employees before an employee has started a normal workday or normal work week and after an employee has completed a normal workday or normal work week. 102 Employees called back shall receive a minimum of four (4) hours of pay at the basic • hourly rate. 10.3 The hours worked based on a call back shall be compensated in accordance with Article 9(Overtime), when applicable, a�d subject to the minimum established hy 1�.2 above. 10.4 Employees calied back four (4) hours or less prior to their normal workday shaif compfete the normal workday and be compensated only for the overtime hours worked in accordance with Article 9 (Overtime). ARTICLE 11. WORK LOCATION 11.1 Employees shall report to work location as assigned by a designated employer supervisor. During the normal workday, employees may be assigned to other work focations at tfie discretion of the Employer. � 112 Employees assigned to work locations during the normal workday other than their original assignment, and who are required to furnish their own transportation, shall be compensated for mileage as set forth in Article 27 (Mileage). , • 5 ARTICLE 12. WAGES t2.1 The basic hourly wage rate as estab�ished by Appendix C shali be paid for all hours worked by an employee. 12.2 Employees who were covered by the fringe benefits listed below prior to February 4, 1974, shall continue to be covered by such benefits. They shall be subject to all other provisions of the Agreement, but shali not have hourly fringe benefif contributions and/or deductions made on their behalf as provided for by Article 13 (Fringe Benefits). 12.2.1.1 Be receiving benefits from a public employee retirement act at the time of retirement. 122.1.2 Have severed the employment relationship with the City of Saint Paul and Independent School District No. 625 under one of the early retiree plans. 122.1.3 Inform the Human Resource Office of Independent Schooi District No. 625 and the City of Saint Paul in writing within sixty (60) days of the employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits, 122.1.4 Retiree prior to April 30, 2000. 12.2.1 Insurance premium contributions as established by the Employer including life, hospital, and health insurance premium contributions as established as of the date of fhe earfy retirement for earfy retirees who have retired since May 8, 1978 until such time as they reach sixty-five (65) years of age. In order to be eligible for the insurance premium contributions under the early retiree provision, or retiree provision the employee must: � 2.2.2 122.3 12.2.4 Sick leave as established by Civil Service Rules, Section 20. Vacation as established by the Saint Pau! Salary Plan and Rates of Compensation, Section I, Subdivision H. Nine (9) legal holidays as established by Article 15 and the Saint Paul Salary Plan and Rates of Compensation, Section I. Subdivision I. 12.3 Regular employees not covered by the fringe benefits listed in Article 12.2 shall be considered, for the purposes of this Agreement, participating employees and shall be compensated in accordance with Article 12.1 {Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (Fringe Benefits). 12.4 Temporary employees shall be considered, for the purposes of this Agreement, participaYing employees and shall be compensated in accordance with Article 12.1 (Wages) and have fringe benefR contributions and/or deductions made in their behalf as provided for by Article 13 (Fringe Benefits). 12.5 purpase of this Agreement, participating employees and shal! be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made on tfieir beha(f as provided for by Article 13 (Fringe Benefits}. u �� 0 • ARTICLE 13. FRINGE BENEFITS 13.1 The Employer sha1l make contributions on behalf of and/or make deductions from the wages of participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this Agreement in accordance with Appendix D fior all hours worked. ARTICLE 14. SELECTION OF LEAD BRICKLAYER AND GENERAL LEAD BRICKLAYER 14.1 The selection and assignment of personnel for the classes of positions of Lead Bricklayer and Generaf Lead Brlcklayer shall remain solely with the Empfoyer. 14.2 The class of position of Lead Bricklayer shall be filled by employees of the bargaining unit on a "temporary assignment" 14.3 AN "temporary assignments" shall be made o�ly at the direction of a designated Empfoyer supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal workday. � � r� ARTICLE 15. HOLIDAYS • 15.1 The following nine (9) days shall be designated as holidays: New Year's Day Martin Luther King, Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day The Day After Thanksgiving Christmas Day January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September Fourth Thursday in Novem6er Fourth Friday in November December 25 15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The nine (9} hofidays shalf be considered non workdays. 15.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 10 (Call Back). 15.5 Employees assigned to work on Martin Luther King, Jr. Day, Presidents' Day or the day after Thanksgiving shall be compensated on a siraight-time basis for such hours worked. 15.6 Such participating employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Chrisfmas Day shali be compensated ai the rate of two (2) times the basic hourly rate for such hours worked. 15.7 !f an employee is req�ired to work on Martin Luther King, Jr. Day, Presidents' Day or the day after Thanksgiving, the employee shail be granted another day off with pay in lieu thereof as soon thereafter as fhe convenience of the department permits or the employee shall be paid on a straighi-time basis for such hours worked, in addition to the regular holiday pay. If an employee is required to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, the employee shall be compensated for work done on this day by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half basis for such hours worked, in addition to the regular holiday pay. Eligibility for holiday pay shal( be determined in accordance with Section I(onej, Subsection I of the Saini Paul Salary Plan and Rates of Compensation. ` � 15.8 Employees entitled to a holiday if Martin Luther King, Jr. Day, Presidents' Day or Veterans' Day falls on a day when school is in session, the employees shall work that day •------.----.-- -.-... .______. _aLsfr,aight_time_and another day shall 6e designated as the holiday. This designated holiday shall be a�day on whicFi scfioof"is no'f"'in" se'ssion �ttd°shaH• ----- --- - Agreement between the employee and the supervisor. � • ARTICLE 16. DISCIPLINARY PROCEDURES 16.1 The Employer shall have the right to impose disciplinary actions on empioyees for just cause. . 16.2 Disciplinary actions by the Employer shall include only the following actions: 16.2.1 Oral reprimand; 162.2 W ritten reprimand; 162.3 Suspension; 162.4 Demotion; i62.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shall retain all rights under Minnesota Statute § 179a.20, Subd. 4, and thereby shall have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions of Article 22 (Grievance Procedure). Once an employee or the Union acting in the employees behalf initiates review of an action, that matter shall not be reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.� Employees who are unable to report for their normal workday have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (Disciplinary Procedures). 17.3 Failure to report for work without notification for three (3) consecutive normal workdays may be considered a"quiY' by the Employer on the part of the employee. • ARTICLE 18. SENIORITY 18.1 For the purpose of this Article the following terms shall be defined as follows: 18.1.1 The Term, "Employer," Shall Mean Independent School District No. 625, Saint Paul Pubiic Schools, 18.1.2 The term, "Master Seniority," shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to any class title with the Employer covered by this Agreement. 18.1.3 The term, "Class Seniorit�' shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a position with the Employer in a class title covered by this Agreement. This Section 18.1.3 is intended to mean that for any person no matter what the person's prior experience or how hired by the District, the person's class seniority starts at zero the day of appointment to a School District position i� that titie and begins to be calculated from that date. An employee's Ciass Seniority does not revert to zero following recali from an Employer initiated layoff within the twenty-four (24)-month recall rights period specified in 18.4. This definition of class seniority would be used for all tayoff decisions. � 182 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time position with � the Union. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer fhaf it is necessary to reduce the workforce, employees will be laid off by class title within each Department based on inverse length of "Class Seniority." Employees laid off by the Employer shall have the right to reinstatement in any lower-paid class title previously held which is covered by this Agreement, provided the employee has greater "Class Seniority' than the employee being replaced. Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after twenty-four (24) months from the last day of work preceding the layoff. No other Civil Service recall rights to this Employer shall apply. This provisio� does not address any rights the employee may have to be recalled to any other employer. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority," subject to the approval of the Employer. � u 10 � � , • ARTICLE 19. JURISDICTION 19.1 Disputes concerning work jurisdiction beiween and among unions is recognized as an appropriate subject to determination by the various unions representing employees of the Employer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by mutual agreements between the unions involved. 19.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Employer sfia11 meet as soon as mutually possible to resofve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to resirict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20. SEPARATION 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 20.1.1 20.12 20.1.3 Resianation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. Discharpe. As provided in Article 16. Failure to Reqort for Dutv. As provided in Article 17. 20.2 Employees having a temporary employment status may be terminated at the discretion of the Employer before the completion of a normal workday. ARTICLE 21. TOOLS 21.1 AI! employees sha!! personally provide themselves with 4he tools of the trade as listed in Appendix B. 11 ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the Stewards and fheir successors when so named. 222 It is recognized and accepted by the Employer and the Union that the processing of grievances as herei�after provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee sha!! suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to work programs of the Employer. 22.3 The procedure established by this Article shall except as previously noted in Article 16 (Disciplinary Procedures), be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 22.4 Grievances shall be resolved in conformance with the following procedure: � � Step 1. Upon fhe occurrence of an alieged violation of tfiis Agreemenf, the employee involved shall attempt to resoive the maiter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informa( discussion, it may be reduced to writing and referred to Step 2 by the U�ion. The written grievance shall set forth the nature � of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced !o writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence or the event giving rise to the grievance, shall be cortsidered waived. Step2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resofve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days foitowing this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shali be considered waived. � � 12 � ARTICLE 22. GRIEVANCE PROCEDURE (continued) Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer Supervisor shall meet with the Union President or the designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing 6y the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7)-day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union sha�l strike the first (1st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide o�ly the specific issue submitted in writing by the Employer and the Union and shall have no � authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. • 13 ARTICLE 23. RIGHT OF SUBCONTRACT 23.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction of the workforce covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day notice of the intention to subcontract. 232 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NON-DISCRIMINATION 24.1 The terms and conditions of this Agreement will be applied to employees equally without regard to or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or non-membership in the Union. 242 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 25. SEVERABILITY 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 252 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative or judicial determination. � � • 14 • ARTICLE 26. WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resuited in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. 262 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or condition of employment whether specifically covered or not specifically covered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreemenis, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 27. MILEAGE - INDEPENDENT SCHOOL DISTRICT NO. 625 Employees of the School District, under policy adopted by the Board Education, may be reimbursed for the use of their automobiles for school business. The mileage allowance fior eligible employees shall be 31� per mile, or such higher rate as may be established at the discretion of the Board. � An employee must keep a record of each trip made. Reimbursement shall be for the actual mileage driven in the performance of assigned duties as verified by the appropriate school district administrator and in accordance with School District Business Office policies and procedures. ARTICLE 28. COURT DUTY �EAVE Any employee who is required to appear in court as a juror or as a subpoenaed witness shall be paid his/her regular pay while so engaged, unless the court duty is the result of litigation undertaken by the employee or the Union against the Employer. Any fees that the employee shall receive from the court for such service shall be paid to the Employer. Any employee who is scheduled to work a shift other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as he/she is required to appear in court as a juror or witness. � 15 ARTICLE 29. DURATION AND PLEDGE 29.1 292 29.3 This Agreemeni sha11 become effe�f'Ne as of the daie of signing, except as spec'rfically provided othervvise in Articles 12 and 13, and shail remain in effect through the 30th day of April 2004, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 282. If either party desires to terminate or modify this Agreement effective as of the date of expiration, the party wishing to modify or tertninate the Agreement shali give written notice to the other party, not more than ninety (90) or Iess than sixry (60) calendar days prior to the expiration date, provided that the Agreement may oniy be so terminated or modified effective as of the expiration date. In consideration of the terms and conditions of empioyment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances conceming its appiicaGon or interpretation may be peacefully resoived, the parties hereby piedge that during the term of the Agreement 29.3.1 The Union and the empioyees will not engage in, instigate or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work or absent themseNes in wfio(e or part from the ful(, faithful performance of their duties oi employment. 29.3.2 The Employer wiil not engage in, instigate or condone any lockout of employees. 29.3.3 This constitufes a tentative Agreement between the parties which wil! be recommended by the school board negotiator, but is subject to the approval of the Board of Education, and is also subject to ratification by the Union. Agreed to and attested to as the fuil and compiete understanding of the parties for the period of time herein specified by the signature of fhe foilowing representatives for the Employer and the Union. WiTNESSES: INDEPENDENT SCHOOL DISTRICT NO. 625 BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL 1 OF MINNESOTA 1XCY �_ / �/�-cli.wl � jlltn",v'`^'p�-- Chair, Boa f Edu Bus ness Agent .Y-Z�> -O I Date (�,,� a y a G� r Date . �J • 16 � APPENDIX A . The classes of positions recognized by the Employer as being exclusively represented by the Union are as follows: Bricklayer Lead Bricklayer Generaf Lead Brickfayer Apprentice - Bricklayer and other classes of positions that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. APPENDIX B AII necessary hand tools. • 17 APPENDIX C C-1. The total hourly cost to the Employer for wages plus any and all contributions or deductions stated in Appendix D of this Agreement shall not exceed the following amounts: Bricklayer Lead Bricklayer General Lead Bricklayer Effective 5-5-01 $35.46 $37.96 $38.96 Effective 5-4-02 $37.46 �, �� $4� .46 Effective 5-3-03 C-2. The total taxable hourly rate including wages and the vacation and working assessment contributions in Appendix D and excluding all oYher benefit costs and obligations in Appendix D, for regular and probationary employees for whom the employer contributes to PERA and who are appointed to the following classes of positions shall be as follows: Bricklayer Lead Bricklayer General Lead Bricklayer Effective 5-5-01 $26.02 $28.40 $29.35 Effective 5-4-02 Effective 5-3-03 C-2A. The basic hourly wage rates in this Appendix (C-2A) are for compensation analvsis purposes onlv. These figures represent the portion of the Qppendix C-1 rates above specifically allocated to wages. These rates do NOT include taxable benefit contributions and therefore should NOT be used for taxable payroll calculations. See Appendiu C-2 a6ove for total tauable payroll information. Effective Effective 5-5-02 5-4-02 Bricklayer $23.34 " _._ _. ... _..... ------__,. _.---._. -- Lead Bricklayer $25.72 -- _.._,_. ,_....-_- , ^. General Lead Bricklayer $26.67 * Effective 5-3-03 � C� r 1 U iB3 • APPENDIX C (continued) C-3. The total taxabie hourly rate including wages and the vacation contribution in Appendix D for regular and probationary employees who were hired on or after May 1, 2001, and are exempt from PERA; for employees who opted out of receiving employer contributions to PERA during the period May 1, 2001 and December 30, 2001; and temporary emQloyees appointed to the following classes of positions shall be: Bricklayer Lead Bricklayer General Lead Bricklayer Effective 5-5-01 $27.37 $29.87 $30.87 Effective Effective 5-4-02 5-3-03 If a temporary employee working in a title listed in this Appendix C-3 becomes subject to the requirements of the Public Employees Retirement Act (PERA), which thereby requires the Employer to make contributions to PERA, the calculated hourly base rate may change so the Employer's cost does not exceed the amounts listed in C-1 above. • NOTES FOR APPENDICES C-2. C-2A AND C-3: The May 4, 2002, hourly rates in Appendices C-2, C-2A and C-3 shafl be determined at a later date based on the allocation agreed to by the Employer and the U�ion of the May 4, 2002, total hourly cost stated in Appendix C-1. " The May 3, 2003, hourly rates in Appendices Ca, C2, C2A and C3 shall be determined at a later date based on the allocation agreed to by the Employer and the Union of the May 3, 2003, total hourly cost determined for the third year reopener. C-4. The basic hourly wage rates tor the Apprentice class of posit+ons: This Section is held open for the addition of appropriate Apprentice rates in the event the Employer initiates the employment of Apprentices. � If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a way that the total cost of the package (wage rate plus contributions) remains constant and does not exceed the amounts shown in Appendix C, Section C-i . Effective May 5, 2001, when performing swi�g stage work, the rate of pay shall be fifty-five cents ($.55) per hour over the basic hourfy rate of the above classifications. Effective May 4, 2002, this rate will increase to si�cty cents ($.60); effective May 3, 2003, this rate will increase to sixty-five cents ($.65). fib'] _••.►.... Effective May 5, 2001, the Employer shall forward the amounts designated in this Appendix D for participating employees covered by this Agreement and defined in Articles 12.3, 12.4, and 12.5 to depositories as directed by the Union and agreed to by the Employer. (1) $2.68 per hour for all hours worked from which all appropriate payroll deductions have been made to a Union-designated Vacation Fund. (2) $3.40 per hour for all hours worked to a Union-designated Health and Welfare Fund. (3) $3.59 per hour for all hours worked to a Union-designated Pensio� Fund. (4) $1.00 per hour for all hours worked to a Union-designated International Pension Fund. (5) $.10 per hour for all hours worked to a Union-designated Apprenticeship Fund. The Employer shall make legally established non-negotiated pension contribufions to PERA. Changes in fhe mandated PERA rate may change the calculated hourly base rate of pay so the Employer's cost does not exceed the amounts listed in C1 above. � If the Union adds a Defined Pension Fund plan during the term of this agreement, the Employer shall make the appropriate deduction and forward the amounis designated by the Union to depositories as directed by the Union. Any new benefits fund will require a corresponding decrease in the taxable hourly rate of • pay. All contributions made in accordance with this Appendix D shall be deducted from and are not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shap be forwarded to depositories as directed by the Union and agreed to by the Employer. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. PaKicipating employees as defined in Articles 12.3, �2.4, and �2.5 covered by this Agreement shafl not be eligible for, governed by or accumulate vacafion, sick leave, holiday, funeral leave or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance or Council Resolutions. The Employer's fringe benefit obligation to participating employees as defined in Articles 12.3, 12,4, and 12.5 is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has fonuarded contributions and/or deductions. �� +Zil