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272017 WHITE - CITV CLERK ` � F . B�E , t:�A,,oRE GITY OF SAINT �AUL F1eci1N0. �� y � CANqRV - EPARTMENT _ Co cil Resolution Presented By Referred To Committee: Date Out of Committee By Date An administrative Resolution approving the terms and conditions of the 1978-79-80 Maintenance Labor Agreements between the City of St. Paul, Independent School District No. 625, and the International Brotherhood of Painters and Allied Trades, Local 61. WHEREAS, the Council pursuant to the provisions of Section 12. 09 of the St. Paul City Charter and tlze Public Employees Labor Relations Act of 1971, as amended, recognizes the International Brotherhood of Painters and Allied Trades, Local 61, as exclusive representative for those classes of positions within the City of St. Paul certified by the Bureau of Mediation Services under Case No. 73-PR-479-A for the purpose of ineeting and negotiating the terms and conditions of employment for all full-time per- sonnel in the classes of positions as set forth in the Agreements between the City of St. Pau1, Independent School District No. 625, and th.e exclusive representatives hereinabove referenced; and WHEREAS, the City and Independent School District No. 625, through designated representatives, and the exclusive representatives have met in good faith and negotiated the terms and conditions of employment for the period May 15,, 1978, through April 30, 1981, for such personnel as are set forth in tlze Agreements between the City of St. Paul, Independent School District No. 625, and the exclusive representatives; and WHEREAS, a ].978 Agreement has been reached which includes a wage adjustment retroactive to May 15, 1978; now, tlierefore, be it _ 1 .. COU[VCILIbIEN Requested by Department of: Yeas Nays Butler In Favor Hozza Hunt L.evine __ Against BY � Maddox Showalter Tedesco Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mavor: Date Approved by Mayor for Submission to Council BY - — BY WHITE - CITV CLERK � �- �. PINK - FINANCE (jITY OF SAINT PAITL Council ��,• .�� CANARV - OEPARTMENT �. , BLUE„ .-iMAYOR File NO. � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date - 2 .. RESOLVED, that t�.e Maintenance Labor Agreements, cited above, dated as of the effective date of this Resolution, between the City of St. Paul, Independent School District No. 625, and the International Brotherhood of Painters and A�lied Trades, Local 61, on file in the office of the City Clerk, are hereby approved, and the authorized administrative officia].s of the City are hereby authorized and directed to execute said Agreements on behalf of the City. Approved: �, �; airman Civil Service C issi n COUNC[LMEN Requested by Department of: Yeas Nays Butler S� P E S N N E O F I C E � In Favor � �� c L.evine � __ Against BY �C Maddox Showalter Tedesco Form roved b Cit t rney Adopted by Cou Date �7_� e Cert d P� � - y Council Sec�etary BY I By, /#p r by IVlavor: D Appro ed by or ub ncil By 81—y,,. By g r�3 �t�sHEO Nflv 1 _ Do not detdch'thts n�na�randurn tnm tfw - � resQiutiO� SO th8t tEtis inhtlnati0� Wil1 be t� 0}:; 12/i9�s llvgitablQ t0 �116 �ftY COt�tlCll. � ° Ba�r.z' g�8�16 B�P�ANTI@iH. �' A�IBTTtATIVE'E)xHBRS, . . BI�SOI,t�T�4N8 ANH Q�iT1�11NC�� ' , - - � � . �rw.�� .� ,w�..�..�r: � r , !�� ' !�.�:. �� .. . � .. 'i D#�te: October 11, 1978 . � � TA: MAYOR GEdRGE LATIME� �a: �ex8�� @g�� 1� E C E@ V E,D ; . � oc� 1 ��zs� , _ �: R�ea�luticra for aubmiseio�t ta C3,tq Cau�cil . , ��::'� ACxI4N �T�F,D• . . . 1 II�I�� ■ - . . . .. . . Wa �ec�d Your approval aad eubmiestox� m£ this R�ascltxtio=t to th� Ci.tyr Co�ncil, FU�A3F�A�TD RAT�ONAI�E FOa THIS AC�ION: : - . . . .� �„ . .� _.� �� . .�..�, . , This Resolution approves a three-year (1978-1980j coatract with•the Pa,i,�tters � Loca1 61. The Agreement ca11a for total package hourly iricreaees of ?6�, 75� and 80�. � _ � � The 197$ increaae of ?6� per hour breaks down to 4$� in wages ax�.d 28� in � fringe benefita. The cost of fri,nge beaefita will be deducted fram the �ota1' iacrease for i979 �a i9so ' OthEr chattges in tlse Agreement inciud.e: � � 1. A one-cent p�:r mile increase in trie mileage allowance. ' 2. A revi�ed vacati�on schedule as shawn below: . =� . Former Schedule New Schedvle � Yea�s of Service Vacation days Years of Ses�rice V�er�ti.on D�aYs Lesa filzan 5 � 10 Less thaa 15 Z0: � 5 through 15 15 15 thrc�ta�gh 2� 21 ` .7:5 _�hrough �b�.;�� : ,:- 24, After 25 _ . 22 `,,, After 25 21 � . . ` 3. A provision grantia� Health and Welfare Benefits �o early re'�i.rees. , �/I��TB:� 4. A. provision allawi�ng the Board of Edixcation to wo�k er�ployeea � oa miaor holidays for �traight time and aric�ther d�y o�f'. :; � �Resolutiori and copy for City Clerk. Aa.�so, copy of �greemente. � . ,, . . . . . , .. . ,. ,_ _. . . . .: . . _ .,. . . �, _ -�.-:. . .-�..�� . . .. .. ... . . . . _ ,.. -- �.-_., .,.,....:. . ,. ,;,..f�:�.�. �_ . � . a �. � . - . . � . . ' � i . . ... .. . . .. . �. . . � .... ... .. 4 , r �� -�•�� 1978-79-80 MAINTENANCE LA80R AGREEMENT - between - THE INDEPENDENT SCHOOL DISTRICT N0. 625 - and - INTERNATIONAL BROTHERHOOD OF PAINTERS AND ALLIED TRAI)ES � " - - � LOCAL 61 _. . . . � I N D E X ARTICLE TITLE PAGE Preamble iii I Purpose . 1 II Recognition '2 III Employer Rights 3 IV Union Rights 4 V Scope of the Agreement 5 VI Probationary Periods 6 VII Philosophy of Employment and Compensation 7 VIII Hours of Work $ I'X Overtime 9 X Call Back �� XI Work Location, Residency 11 XII Wages 12 XIII Fringe Benefits 14 XIV Selection of Foreman and General Foreman 15 XV Retirement 16 XVI Holidays 17 XVII Disciplinary Procedures 18 XVIII Absences From Work 19 XIX Seniority 20 XX Jurisdiction 21 XXI Separation 22 XXII Tools 23 XXIII Grievance Procedure 24 XXIV Right of Subcontract 29 XXV Non-Discrimination 30 XXVI Severability 31 XXVII Waiver 32 XXVIII Mileage-Independent School District No. 625 33 XXIX Duration and Pledge 34 Appendix A A1 Appendix B B1 Appendix C C1 Appendix D D1 - ii - .. : / .. . . . . . P R E A M B L E This AGREEMENT is entered into on the day of , 1978, between the Independent 3chool 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 EMPLOYER and the UNION concur that this AGREEMENT has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public 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 aIl levels of responsibility. Constructive attitudes of the EMPLOYER, the UNION, and the individual employees will best serve the needs of the general public. - iii - ARTICLE I - PURP05� . � lel The E:�PLOYER and tha UNION agree that the purpose for entering into this AGRE��:L:iT is to: lel2 Achisve orderly and paaceful relations, thereby establlshi�sg a system of uninterrupted operations and tha highest level o£ employee performance that is coasistent wizh tha safety and well-being of al1 concerned; 1.12 Sat forth rates of pay, hours of work, and other conditions of employment as hav� been agreec3 upon by the EMPLOYER and tha UNION; 1.13 Eetablish pracedures to orderly and peacefully resolve disputas as to tha application or inter- pretation of this AGRE�IENT without loss of � maapower productivitye 1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a supplemant to legislatiort that creates and directs the EMPLOYER. If any part of thia AGREEME�TT is in conflict with such legislation, the lattar sha31 prevail� The parties, on written notice, agree to negotiate that part in confli�t so that it conforms to the statute as provid�d by Artic].e 26 (SEVERABILITY). � • - 1 - ARTICLE II - RECOGNITION � 2.1 The E:tPLOYER racognizes the UNION as the exclusive representative for collectiv� bargaining purposas for all personnel having an employmant status of regular, probationary, provisional, temporary, . and emergsncy amployed in th� classes of positions defined in 2.2 as certified by the $ureau of Mediation Services in accardance with Casa No. 73-PR-479-A dated April 17, 1973. 2.2 Tha classes of positions recognized as being exclusively represented by th$ UNIO� are as listed in Appendix A. � � - 2 - ARTICLE III - E`_�LOYER RIG�TS � 3el Th� �LOYE� retains tha right to operate and mana�e all manpower, facili�ie9, and equipmsnt; to establish functions and programs; to set and aasnd budgsts; to detex�ine tha utiLization of technclogy; to establish aad modify the organizational structure; to aeZect, direct, and detarmine the number of personnel; and to parform any inherent managerial function not specifically limited by this AGRy'�IE�T. 3e2 Any "term or conditi,on af employment" not established by this AGREEME:IT shall remai.n with the EMPLOYER to eliminate, modify, or establish following written notification to the UNION. � � - 3 - ARTICLE IV — L:iIOY RIGHTS � 4,1 THs E`iPLOYER ahall deduct from the wages of emplayees who authorize �,,. sc:ch a dadu:.tioa in �rriting an aznount necessary to cover nonthly UI3ION dues, Such m�on�ea daducted shaZl be remitted as directed by the UNI0:1. 4,11 Ths E.MPLOY� sHa21 not d�duct dues from the wages of employees cov�r_d by this AGREEMENT for any other labor org�nizatione 4 v 12 The IJDIION ahall iadaaulify and save harm]_ess the E.'�LOYER f r�m any and all claims or charges made against ths �i?PLOYER as a result of the implementation of this ARTZCLE. 402 The TJNZ�Y may designate one (1) empl.oyae from the bargaining unit to act a9 a Staward and shall. inform the EMP�OYER in writing of such �. d��ign�tiono Such employee shall have the rights and responsibilities as d$sigaated in Article 23 (GRIEVANCE PROCEDURE). 403 Upon notification to a d�si.g�ated EMPLOYER supervisor, the Business M�nagar of the UNI0,1, or hi� designated representative shall be p�rsai�tad to anter the facilities of the EMPLOYER where employees covar�d by this AGREEME?V'T are warking. l - 4 - ARTICLE V - SCODE OF T'tiB AGRr,EMEVT � 50l This �GRy�?IT established the "terms and conditions of employmenr" definad by .i.S. 179.63, 5ubd. 18 fox all erupZoyees exclusively representad by the tI�TIO�t. This AGREEMENT sha11 supercede such "term9 and co:Lditions of empZoymant" established by Civil Service Rule, Cauncil. Ordinaaca, and Council Resolution. � . � - 5 - ARTICLE VI - PROHATIONARY PERIODS �� 6.1 All peraonnel, origina�ly hired or rehized following separation, in a regular empZoyment at�tus shall serve a six (6) month's probationary per�o� during which time the emplayee's f itness and ability to perform tha clsss of posi�ions` dutiss and responsibilities shall be evaluated. 6.11 At any timte during th� probationary period an emp�oyee may ba tarminared at tha discretion of th.e EMPLOYER without appeal to tha provisions of Article 23 (GRIEVANCE PROCEDURE). 6e12 An employaa rerminated during the probationary period shaZl rec$iva a writsen notice of t'he reason(s) fur auch t�rtainatior., a copy of which shall bs sent t� tha LP.QIONe � 6,2 All peraonnel pramoted to a higher class of positions shall sertre a six (6) mont:ts' pramotional prabationary period during which time the employee's f itnass and ability to perform the class of positions' duties and responsi— biliti�s ahall be evaluateda 6,21 A= any time during tha p.omotianal probatianary period an smploys$ ntay ba damotzd to the employee's previously hsld clas� of positions at the d3scretion af tha EMPLOYER witYtout app2al �o tha provisi�ns of Article 23 (GRIEVAIYGE PROCEDURE)e 6.22 An employea demored duxir_g the promotianal probationary p�riod shall be retuxn�d to the employe�'s previously held cl�ss of posicions and shall receiva a written natice �� he rpasons for demotion, a copy of which � sha11 be a�n� �o the UNIONo - 6 - ARTICLE VII - PHZLOSOP�iY OF Ei�LPL0YI��NT A.ND COMPENSATION 7 e 1 The E:IPLOYER ar.d the tTi�1TON are in full agreemznt that the philosophy of etnploymazt and comp�ns3tion shall be a "cash" hourly wage and "xndustry" fri�zge benafit system, 7e2 Tha �IPLOYER shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found ia Article� 12 (WAGES) and 13 (FRIVGE BENEFITS). 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee excapt as specifieally provided for in this AGREEMENT; except those employeea who have individual.ly optioned to be "grandfathered" as provided by 12.2. � f - 7 - . _: � . , , _..... . �.�. . � ,. _ . . .. . --- _ . ._ - _.. , . _,_ .__...._.... .._. __ . . " , . . . _ . _..... ,_ .-- - __._.,��..... - ARTICL•E VIII - HOURS QF WORK � 8,1 Tha na:�a1 w�xk day shall. be eight (8) consecutive hours per day, excludi.ng a thirty (30) minute unpaid lunch period, between 7:40 a.m. and 5:30 pomo 8.2 The normal w4rk week shall he five (S) consecutive normal work days Monday through Fri3ay, 8.3 If, duriag tha term of this AGREEME:iT, it is necessary in the EMPLOYER'S �udgment to establish second and third shifts or a work week of other th�n Mor.day through Friday, the iTiVION agrees to enter into negotiations immadia�tely to establ.i.sh the conditions of such shifts and/or work weeks. 8,4 This sactien ahall no*_ b� construed as, and is not a guaxantee of, any hours of work par nc►rtaal work day or por normal work week. � 8.5 All empl�y��s shall be at the locatzon designated by their supervisor, ready for work, at the e�tablished starting time and shall remain at an assigned work location ut�til the end of the established work day unless other�aise directed by thair supz�-visor. 8.6 Al1 etuployeeB are sub�ect to call-back by the EMPLOYER as provided by Articla 10 (CALL BACK)a 8e7 EmpZoyeas reporting for work at the established startin,g time and for whom no work is �available shall receive pay for two (2) haurs, at the basic hourly rats, unless notificatian has baen given not to report ior work p�iar to leaving home, or during the previous work daye � - 8 - i" ARTICLE IX - OVE'RTI� � 9>1 Tiae on tha payro2l in ex_ess of the normal hours set forth above �c_ shall be "overti.�ce:�work" and sha1.Z be doz�e ortly by order of the head of the de�artnent. An employee shall be recompensed for work done in excess of the norm�l hours by being gxanted. compensatory ti�te on a ti:�e-and-ona-half basis or by bein� paid on a ti.me-and- oae-half basis for such overtime work. The basis on which such overtias ehaZl be paid shall be determined solely by the IIKPLOYER. 9.2 The rate ot ona and one-ha2f (l�) the basic hourly rate shall be the overtime rate for work performed under the following circumstances: 9.21 Ti�e worked in excess of eight (8) hours in any or.a normal work day and; ' 9.22 Tias worked on a sixth (6th) day fo7.lowing a nor�l work wsek, � 9.3 The rata of two (2) tirses the basic hourly rate shall be the overtime rate paid for work pezfor��d under the following circumstances: - - - - - 9.3I Tima workad on a holiday as defined in Articla 16 - (HOLIDAYS); 9032 Time worksd on a seventh (7th) day following• � a nornal work week; and 9v33 Time worked in excess of twelve (1.2) consecutive hours in a twenty-four (24) hour period, provided, that a1l "emergency" work required by "Acts of God" shall be comgensated at the rate of ona and one-half (l�) . - 9.4 For the purpose of calculating overtime compensation overtime hours worked ehall not be "pyraaiided", compounded, or paid twice for the same hours workede � - 9 - ARTICLE X - CALL BACK ��"��?�ir� 10.1 Tha �LOXER retains tha right to call back employees before an empl.oyae has srartsd a normal work day or n�rmal work week and after �n employse has completed a nornal work day or normal wr�rk week. 1002 Empl.oye�s c�11ed baek shall zeceive a r•ci.aimum of four (4) hours p�sy at th�s basic hourly r�teo 1003 The hours workad based on a call-back shall be compensated in accordanca wi�h Articla 9 (OVERTIME) , when applicable, and subject to tha �nim:ua established by 10.2 above. 10e4 Employees �alled back four (4) hours or less prior to thei.r aormal work day shall complete the normal work day and be compensatied only � for tha overtime hours worked in accordance with Article 9 (OVERTIME) . � � - io - _ ____ _ ARTICLE XI - WOR�C LOCaTION, RESIDE�iCY ;� llol Employees sha11 reporr to w�rk location as assigned by a designated E:3PL�Yc.R supervisor, D�riag the nornal work day empl.oyees may be assign3d to otrar work locations at the discretion of ttee �LOYER. 11.2 Employees �ssi�ed to work locations during the normal �.rork day, othar thaa their original as.signtnent, and who are required to furnish the�r own traa3portation shall be compensated for mileage. 11.3 A1l naw employ2es appointad aftar January 1, 1976, would be required to reside ia the City of Saint Paul within one year of their original appoiatmant, and thereaft�r wou13 be required to remain within the City limits as I.ong as they were employed. by the City of Saint Paul.. 11.4 Thi3 residency requiremant sYtaZl apply to unClassified emp].oyees as- well as classified employees. �. = 1Z.5 Applicazts for positions in the City of Saiat Paul will not be required - - -__ -- to be residenta of tha City of Saint Paul. lle6 Employee� failing to meet the residency requirement will be subject to teraination and a heariag process shall be established to determine wheth�� the resideney requirement was meto � - 11 - ARTICLE XII - WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Employees who are covered by the fringe benefits listed below shall continue to be covered by such benefits. They shall be subject to aIl other provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and/or deducations made on their behalf as provided foz by Article 13 (FRINGE BENEFITS) . 12.21 Insurance benefits as established by City of Saint Paul Resolutions including life and health insurance for early retirees who have retired since May 23, 1973. In order to be eligible for the health benefits under the early retiree provision, the employee must: 12.21.1 Be receiving benefits from a public employee retiremeat act at the time of retirement. 12.21.2 Have severedMhis relationship with the City of Saint Paul under one of the early retiree plans. ' 12.21.3 Inform the Personnel Office of the City of Saint Paul in writing within 60 day of employee's early retirement date that he or she wishes to be eligible for early retiree insurance bneefits. 12.22 Sick Leave as established by Resolution No. 3250, Section 3S, Subdivision E. I2.23 Vacation as established by Resolution No. 6446, Section 1, Sub- division H, however, employees in this bargaining unit, covered by this vacation provision, shall be granted vacation at the rates shown below. Years of Service Vacation Granted Less than 15 years 20 days At least 15 yrs but less than 25 21 days After 25 years 22 days 12.24 Nine (9) legal holidays as established by Resolution No. 6446, Section 1, subdivision I. 12.25 Severance benefits as established by Ordinance No. 11490, with a maximum payment of $4,000. - 12 - ...�.,... ._ . . . . %.. ... .. . . ... i . .......... .. ...... .. . . . .. . . ... . . .. .. .. . . ...�:.. ...,. ,...,. � ...:... . ._ . . .......... ........._..._,_.... ARTICLE XII - W'AGES (continued) � 12,3 Regular amploye�s no� covered by the fringe benefits listed in Article 12.2 shall be considered, for the purposas of this AGREEMENT, partici- p�tin$ empl.oyses and shall ba compensated in accordance with Article 12.1 (WAGES) and have frings benafit cantributions and/or deductions nade on thair bahalf as provided for by Article 13 (FRINGE BE�tEFITSa. 12.4 Provisional, te�porary, and emergency employees shall be considered, for tha purposes of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES} and have fringe benefit contribcstions and/or deduetions made in their behalf as provided for by Articls 13 (FRINGE BENEFITS). 12.5 All regular employees employed after February 15, I974, shall be congidared, for �ha purpose of this AGREEMENT, participating employees � and shall be coapensatsd in accordance with Article 12.1 (WAGES) and - _ . --- --- -- hava friagz benefit contributions aad/or a�au��.ons made on their behalf - - - ae provided fox by Article 13 (FRINGE BENEFITS). � - 13 - ARTICLE XIII - FRINGE BENEFITS �: � 13.1 The EMPLOX:'R sha1.Z make contribution.s on behalf of and/or nake deductions fror,� the wages of employses cQVered by this AGREEMENT in accordance with Appendix D for all hours worked. � `� - 14 - ARTICLE XIV - SELECTIOY OF FOR�.."�.�i AND GENERAL FORE,�fA�'� � 1401 The selaction oi pezsonnel for thz class of position Painter Foreman sha11 remaia� solely with tha �LOYER. 1402 The class o� pasition Painter Fareman shall be filled by employees of the barg3iais�g uAic on a "temporary assignment". 14�3 Al1 "temporary assignments" shall be made only at the direetion of a designated EI�IPLOYER supervisor. 14.4 Such "temporary assignmznts" shall be made only in cases w'nere the class of positions is vacant for more thare one (I) normal work day. �. . � - 15 - � � ; ..- ._. - . _ . . ..� _ .. _ .. . , ......_.. , ... .� . .....: . ARTICLE XV - RETIRE*�Ir.NT � 15.1 All employses ahall reLire from employment with the EMPLOYER no later than. the last ealendar day of the month in which an employee baco�es sixty-five (65) years old. � � - Z6 - ARTICLE XVI - HOLIDAYS .�. � 16.1 Tfis follow�r.g r.ine (9) days sha1T ba designated as holidays: hew Yaar's Day, January 1 Presidenz's Day, Third Monday in February Menorial Day, laat Monday in May Indeper,denca Day, July 4 Labor Day, f irst Monday in September Colu�bus Day, second Monday in October Veteran's Day, November 11 T::an:�cs3iving Day, faurth Thursday in November Chriac3as Day, December 25 16.2 Wtten N2w Year's Day, Indapendence Day or Christmas Day falls on a Sunday, ;ha following Monday shall be considered the designated holiday. When aay of thesa three (3) holidays falls on a Saturday, the preceding Fridsy shall be considered the designated holiday. 16�3 The nine (9) ho?idays shall be consid�red non-work days. � 16.4 If, in the �udgaant of the EMPLOYER, personnel are necessary for . ope:ating or enargency reasons, enployees may be scheduled or "called back" in accordanc�e with Article 10 (CALL BACK) . 16.5 Employeas workiag on a designated hoZiday shall be compensated at the rate of two (2) timzs th8 ba�ic haurly rate for all hours worked. 16.6 In the cas� of Board of Education employees, if Presidents' Day, Columbus Day, or Veterazs` Day fall on a day when school is in session, the employeea snall work th�t day at straight time and another day shall be desigriatad as the holidaye This desionated holiday shall be a day • on which school is noL ia sassion and shall be determined by agreement between the empioyee and his supervisor. � - 17 - ARTICLE XVII — DISCIPLINARY PROCEDURES -� 1701 The �,LpLOYER shall ha�e tha righ> to inpose disciplinary actions on emg�ayees for �ust cause� 17>2 Disaiplinary a�tions by tha II�L�YER shall include only the following actions: 17.21 Or�l repria�and, 17022 Written zeprinand. 17023 Suspeasiano. 17a24 Demotion, 17a 25 D�.schargee 17e3 Eiaployees who are susn�nded, demot�d, or discharged shall have the right to requast that such actions be reviewed by the Civil Service Camraisafon or a desigttatsd Baard of Review. The Civil Service Commission, � or g designatad Board of Review, shaZl be the sole and exclusive means of reviewing a. suspansiors, demotion, or discharge. No appeal of a - _ �-- -� suspension, demotion, or discharge shal]. be considered a "grievanee" for the purgose of proc�ssing thraugh the provisians of Article 23 (GRIEVANCE PROCEDURE}. f t � _ 18 — ARTICLE XVIIZ - ABS��CES FROM WORK � 18,1 Employses who are unsble to report for their normal work day have the responsibility to notify their supervisor of such abseace as sooa a� possible, but in no event later than the beginning of such work day. 18.2 Failura to maka such notification nay be ground for discipline as provided in Article l7 (DI5CIPLIN�RY PROCEDURES). 1803 Failura to xeport for work without notification for three (3) cons$cutive r.or.aal work days may be considered a "quit" by the EMPLOYER on the paYt of the employee. � � � � - 19 - ARTICLE XIX - SE�IORITY � 19>1 S�r.iority, for tha purposes of this AGREE.iENT, shall be def ined as follows: 19e11 "Master Seniority" - The len�th of continuous regular and probationary servica with the EMPLOYER from the last data of employment in any and all class titles covered by this AGREE►IENT. 19.12 "Class 5enioxity" - The length of continuous regular and probationary service with tha EMPLOYER from the date an employse was first appointed to a class title _ covered by this AGREII�NT. 19,2 Seniority shall not accumulate during an unpaid leave of absenc.e, 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 aecept an appointmertt to the unclassifiad service of the EMPLOYER or to an elected or appointed full-tima position with the UNION, 1903 Seniority slzall terminate when an employee retire�, resigns, or is - discharged. 19,4 In the event it is da�ermined by the EMPLOYER that it is necessary to reduce the work force employ�es will be laid off by class title within each Departmant based on inverse length of "Class Seniority". EmpZoyees laid off shall have the right to reinstatemznt in any lower-paid class �a.�ls, provi.ded, etanloyza has greater "MasCer Seniority" than the employea being replaced. _ 19,5 The selection of vac3tion periods shall be made by class title based on � length of "Class Seniority", subject to the approval of the E.*�iPLOYER. - 20 - ARTICLE �C - JURISDICTION �� 20�1 Disputes concerning work �urisdiction between and among unions is recogn�zed as a� apprapriate sub�ect ro determination by the va�ious unions reprasenting ennloyess of the �J.'LOYER. 20.2 The EMPLOYER agrezs to ba guided in the assigntnent of wark jurisdiction by any �utual agraements batw�en the unions involved. 20.3 In the evant of a dispute concerning the per€ormance of assi�nment of work, the unions involved and the IIKPLOYER sha11 meet as soon as mutualiy possible to resolve the dispute. Nothing in the foregoing shall restrict tha right of the EMPLOYER to accomplish the work as originally assigned pendiag resolution of the dispute or to restrict the EMPLOYER'S basic right to assign work. 20.4 Any employee refusing to perform work assigned by the EMPLOYER and as � �. clarified by Sections 20.2 and 20.3 above shall be subject to disciplinary - - - - _ - -- -- -_ -.._ action as provided in Ar�icle 17 (DISCIPLINARY PROCEDURES). 2005 There �hall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. Y?� � � 21 � ARTICLE �.�I - SEPA.RATi0:3 . ��:��`� �� , Z1,1 Emp:.oyeas having a probationary or regular employment status shall � b� considered separated from employment based on the foZlowing actions: 21,11 Resignation. Employees resigning from empl,oyment s�:all giv� written notice fourteen (14) calendar days prior to tha eff ective date of the resioaation. 2?>12 Retiremeat. As provided in Article 15. 21e13 Discharga, As provided in Article 17. 21.I.4 Failure to Report for Duty. As provided in Article 18. 21.2 Employeas having an emergency, temporary, or provisionaZ emp�.oyment status nay bs terminated at the discretion of the EMPLOYER before the com�lerion 4f a nor�al work daye � �. � ' - 22 - , _ _. � ,.__ : _ ARTZCLE ?{XII - TOOLS � 22,1 All eBpZoy�es shall personally provide themselves with the tools of the trads as listed in Appendix B. � � - 23 - ARTICLE ?{.YIII - GRIEVA:'�CE PROCEDURE �- � 23.1 Ths EKPLOYER sh�Zl recognize Stewards selec�ed in accordance w�.th UNION rules and ragulations as the grievance representative of the bargaining unit. Ths liNI�N sha7.l notify the E�LOYER in writing of the names of the Stewards aad of their succ�ssors when so named. 23.2 It is rscogr.i.xed and a�ceptad by the EMPLOYER and the tP_3ION that the pxocessing of grievances as herainafter provided is limi.ted by the job dutias and responsibiTities of the employees and shall therefare be accomplished during working hours only when consistent with such emplayea dutias azd responsibilities. Tha Steward involved and a grieving employee shall suffer no loss irt pay when a grievance is processed during workircg hours, providad, the 5teward and the employee have notified and received the approval of their supertrisor ta ba absent to process a grievance and �` that such absence would not be detrimental to the work prog�cams of the `� EMPLOYER> 23e3 The procedure establishad hy this ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 1703, for the processing of grievances, which are•d�fined as an alleged violation af tha teras and conditions of this AGREEMEDTT. 23.4 Gri�vances shall be res�l.ved in conformance with the following procedura: Step l. Upon the occurence of an alleged violation of this AGREEtiiiENT, the employee involved shall attempt to resolva *_hs matter on an infarnal basis with the emp?oya�'s supervi�or, If the matter is not resolved � - 24 - ARTICLE �III - GRIEV:�:tiCE PROCEDURE (continu2d) �-� � to tr� smployse's satisfaction by the in£ormal discussion i, �ay be reduced to writing and referred to Step 2 by the i7Nj0�i, The writtan grievance sha11 set forth the natura of the grievance, the facts ort whi¢h it is based, the a11ag_d section(s) of the AGREEMENT violated, and the relief reQuested. Any alleged violation of the AGREE1�iT not reduced �o writing by the UNION within seven (7) calandar days of the first occurrence of the euant giving rise to the grievan�e or within the use of rea�anaole diligence should have had knowledge of the first occurrencs of the event giviag rise to the grievance, shall be consid�red waived, 5e�p 2, Wi�hin saven (7) calendar days after receiving the written � grievance a de�ignated EMPLOYER supervisor shall meet with the UNION Steward and attempt tc� resolve the grievance. If, � - � � -- � as a resu2t of this meeting, the grievance remains unresolved, the EMPLOY�R shal.l reply ia writing to the UNION within three (3) calendar days following this meeting: The UNION may refer the grievanca in writing to Step 3 within seven (7) calendar days fol].owing receipt of the EI�3LOYER'S wr�.tten answzr, Any gri2vance not re£erred in writing by the UNION within seven (7) ealendar days following receipt of the EMPLOYER`S answer shall b� considered waived. � - 25 - ,_ . ._..: ...,.. . i . _. ... . . _. .._ ... .. . . . . . . . . _. A�'cTICiE �CIiI � GR=EV��tCE PRQCEDURE (�.^,r_tir_ued) .Q � � S~_ep 3, Within savan (7} calendar days followir_g receipt or a griavar.ca reiarred from Step 2 a designated �tPLOYER supsrvisar shall meat with the IT�120�i Busines3 Manaper or his designated representative and attempt to resolve the grievancev Within seyen (7) calendar days followi.ng �his meeting the EMPLOYER shall reply in writing to the UNION atating the �lPLOYER'S answer concemiag the grievane�o If, as a result of the written response the griav�.nca remains unresolved, *_he UNION may refer �he g�ievance t� Step 4o Any grievance not referred to in writing by tha iJ�TION to Step 4 within seven (7) calsndar days following receipt of th� EMPLOYER'S anawer shal7. be considerad waived, �_ _ Stap 4a If the grisvance ramains unresolved, the UNION may _ _ _ __ _ within sevea (7) calendar days after the response of tha EMPLOYER in Step 3, by written notice to the EMPLOYER, requsst arbitration of the grievanceo The a�bi�-�tion prqeeedinga shall be �onducted by an �>bitrator to b2 selected by mutual aore�ment of the E'�IP:,OYER and the LINION within se�en (7) calendar days • af,sr noti�e has b�en given, If rha p�rties fail to m+�t•,�aliy agrez upon an arbitrat�r within the said aeven (7) day period, ei*her party may request the Public Employ�ant Relation Board to suomi� a par.el of fiva (5) arbitratorso Both thz E�IPLCYER and the � � - 26 - _ _ ARTICLE XXIII - G�IEV9:�iCE PROCEDURE (continued) � UNI0:1 shall have tha right to strike two (2) narses from the panel. The UNION shall strike th� first (2st) name; the �LOYER shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 23.5 The aroitrator shall hava no right to amend, modify, nullify, ignore, add to, or subtract from tha provisions of this AGREEMENT. The . arbitrator shall consider and decide only the specific issue submitted in writiag by tha E:KPLOXER and the UNION and shall have no authority to nake a decision on any other issue not so submittsd. The arbitrato� shall be without power to make decisions contrary to or inconsistent with or modifyiag or varying in any way the application of lawa, rules ar � regulations having the force and effect of law. The arbitrator's _ _. --,- _.__ _ decision shall be submitted in wricin$ within thirty (30) days following close of the hearing or the submissivn of briefs by the parties, whichever be later, unles3 the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or applicatioa of the expr�ss tez�tZS of this AGREr'�iENT and to the facts of the grievance presented. Tha decision of the arbitrator shall be final and binding on the EMPLOYER, th� Ui�iION and the employees. � - 27 - ARTICLE XXIII - GRIEVA.�CE PROCEDURE (continued) � 23a6 Th� fess and expezses for the arbitrator's services and proceedings shall ba borne equally by the E.*4PLOYER and the UNION, provided that each pazty shall be responsible for compensating its own representative and witnesses. If either party cancels an arbitration hearing or asks for a last ninute postponament that leads to the arbitrators tnaking a charga, the canceling party or the party asking for the postponement shall pay this charge. If either partq desires a verbati.m record of the proceedings, it nay cause such a record to be made providing it pays £er the record. 23a7 The time limits in eaeh step of this procedure may be extended by mutual agreemen� of the EMPLOYER and the UNION. � � - 28 - ARTICLE YXIV - RIG�T OF SUBCONTRACT �� 24.1 The E,�LOYE� �ay, at any ti�e duri�g the duration of this AGRE��T, co�tract ou� work dona by the employees covered by this AGRE�NT. In the ev�nt that such contracting would result in a reduction of the wark force covered by this AGRE�iENT, the EMPLOYER shall give the UNION a ninety (90) cal�ndar day notice af the intention to sub-contract. 24.2 The aub-contracting of work done by the employees covered by this AGREEbSENT shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. � � - 29 - • ARTICLE �YV - NON-DISCRIKIN�TION �� 25.1 The terans and conditions of this AGRE�S�;iT will be applied to employeea equally without regard to, or discrimination for or agaiast, any individual because of race, color, creed, sex, age, or because of iaembership or noa-membership in the UNION. 25.2 EBployaes will perform their duties and responsibilities in a non--discriminatary nannar as such duties and responsibilities involve other employees and the general public. � �a>. / � - 30 - ARTICLE X.YVI - SEVERABILITY ;�; �� 26a1 In the evar.t that any provision(s) of this AGRE .E�IiENT is declared to be contrary to law by proper legislative, admi.nistrative, or judic�al authority from wnose fi^diag, determination,. or decree no appeal is taken, such provision{s) shall be voided. AZ1 other provisions sha1Z continue in full force and effect. 26e2 The p�rties agree to, upon written notice, enter into negotiations to placs the voided provisions of the AGREEMENT irc compliance with the legislativ�, administrative, or 3udicial determination. � � - 31 - ARTICLL XXVII - WAIVER . ��-�Y� � 27.1 The EMPLOYEc� arsd *_he UNION acknowledge that during the meeting and negotiating wttich resulted in this AGREEMENT, each had the right and opportunity to maka proposals with respect to any subject concerning the tarms and conditions of employment. The agreemen�s and understandings reaehed by the parties after the exer�iss af this right are fully and completely set forth in this agreement. 27.2 Tharefora, tha EMPLOYER and the UNION for the duratian of this AGRE�NT agrea that the other party shall not be obligated to meet and �negotiate over any term or cond�tions of employment whather specif ically covered or not speci€icalZy covered by this AGRE�iENT. The UNION and EMPLOYER may, however, mutually agree , � to modify any provision of this AGREEMENT. 27.3 Any and all prior ordinances, agreements, resolutions, practices, � policies, and rules or regulations regardir.g the terms and conditions of employment, to the extent they are inconsistent with this AGREEMENT, are hereby superseded. : L - 32 - _ � . ,. .,, ... . __ _ . _ __ ..... _ ARTICLE .XXVZII -- MZLEAGE - ZNDEPEI3DENT SCHOOL DISTRICT ��625 � 2$.1 Emgloyees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business, To be eligible for such reimbursement, employees must receive authorization from the District Mileage Committee utilizing one of the following plans: PT�AN "A" is re3.tabursed at the rate of 15G per mile. In addition, a maximum amount which can be paid per moath is established by an estimate furnished by the employee and the employee's supervisor. Another consideration for establishing the maximuta amount can be the experience of another working in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip made. PLAN "C" provides for reimbursement based on a per � month "lump sum" amount. This amounC is determined by the employee's driving experience under Plaa "A" - for a period of 3 to 6 months. Those employees - - - "- �- - receiving an auto allowance under this plan must reporc morcthly the number of days the car was avail- able duriag the month. A deduction must be made from th� lump sum amouat for each day the employee is on vacation. A deduction need not be made for an occasioaal day of illness or for holiday. � - 33 - , . . . _ _ . _. _ . ....,. . . .._ _�Y.... . . . .. . _ ..r ARTICLE XXIX- DURATIOV AI�1D PLEDGE � � 29.1 This AGREEMBNT shall become effective as of the date of signing, except as specifically provided otherwise in Articles 12 and 13, and shall remain in effeet through the 30th day of April, 19�1;; . and continue in eff ect from year to year thereafter unless notice to ch�ngs or to tgrmf.nate is given in tha manner provided in 29.2. 29.2 If either party desires to terminate or modify this AGREEMENT, effectiva as of the date of. expiration, the party wishing to modify or termiaate the AGRE�IENT shall give writtea notica to the other party, not more than ninaty (90) or less than sixty (60) calendar days priar to the expiration dare, providec�, that the AGREEMENT may only be so terminarad or modified effective as. of the expiration date. � 29.3 In consideration o� the terms and condztions of em lo e p ym nt established by tltis AGREEMENT and the recognition that the GRIEVANCE PROCEAURE herein establish�d is the means by thich grievances coacerning its application or int�rpretation may be p�acefully_resolved, the parties hereby pledge that duriag the term of the AGREEMENT: 2g.3I The UNION and tha employees will not engage in, . instigate, oz condone any coacerted action in which employess fail to report for duty, wiZlfully abs�nt tha�selves fror� work, stop work, slow down their work, ar absent themselved in whole or part from the fu11, faithful perforraance of their duties of amployment. f - 34 - ARTTCLE XXTX - DURATTON AND PLEDGE (continued� 29.32 The EMPLOYER will not engage in, instigate, or condone any lock-out of employees. 29.33 This constitutes a tentative agreement between the parties which will be recommended by the School Board Negotiator, but is subject to the approval of the School Board and the Administration of the City and is also subject to ratification by the UNION. AGREED to this 6th day of October,1978 and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representative for the EMPLOYER and the UNION: WITNESSES: INTERNATIONAL BROTHERHOOD OF PAINTERS INDEPENDENT SCHOOL DISTRICT ��625 AND ALLIED TRADES, LOCAL 61 � �_ � � � School Board Negotiator ' ✓ss Manager Superintendent, Independent School District 9�625 Civil Service Commission � - 35 - APPENDIY � �. The classss of positions recognized by the EMPLQYER as being exclus-►vely reprzsented by ttte UNIOV are as fallows- Painter - Foremazs Painter Appr�ntice and other clasees of positions that iaay be established by the EMPLOYER where the dutie9 and responsibil.ities assigned comes within the jurisdiction of the UNIpV, � � ; - Al - . AP?E�iDIX B �� r Duster Wa11 Scrapers Putty Kai=a Broad I:nife Eamaer Screw Drivars � � � - B1 - , APPENDIX C The basic hourly wage rate for porvisional, regular and probationary employees appointed to the following classes of positioris shall be: Effective Effective Effective 5-15-78 5-01-79 S-01-80 Painter. . . . . . . . . . . . . $10.42 $11.14 $11.91 Painter Forenan. . . . . . . . . $11.00 $11.72 $I2.49 The basic hourly wage rate for temporary and emergency employees appoi�*_ee to the following classes of positions shall be: Effective Effective Effective 5-15-78 S-01-79 5-01-80 Painter. . . . . . . . . . . . . $10.84 $11.59 $12.39 Painter Foreman. . . . . . . . . $11.44 $12.19 $12.99 Apprentice 0 - 6 months. . . . . . . . . 50% of Painter rate 7 - 12 months. . . .�. . . . . 55% of Painter rate 13 - 18 months. . . . . . . . . 60% of Painter rate 19 - 24 months. . . . . . . . . 70% of Painter rate 25 - 30 months. . . . . . . . . 80% of Painter rate 31 - 36 months. . . . . . . . . 90% of Painter rate The basic hourly wage rate for regular employees appointed to the follcw- ing classes of positions, who are receiving the Fringe Benefits listed in Article 12.2 shall be: Effective Effective Effective 5-15-78 5-01-79 5-01-8Q Painter. . . . . . . . . . . . . $ 9.09 * �* Painter Forema.n. . . . . . . . . $ �.69 * �* *The May 1, 1979 hourly wage rates in this contract will be the rates as shown below less the cost of sick leave usage for 1978 and less the cost of health and life insurance, holiday, pension and vacation for 1979 incurred by the employer for employees in this bargaining unit. Fainter $12.48 Painter Foreman $13.23 - C1 - APPENDIX C (continued) �*The iriay 1, 1980 hourly wage rates in this contract will be the rates as shown below less the cost of sick leave usage €or 1979 and less the cost of health and life insurance, holiday, pension and vacation for 1980 incurred by the emgloyer for employees in this bargaining unit. Painter $13.28 Painter Foreman $14.03 When performing the following types of work the rates of pay shall be sixty cents ($ .60) per hour over the basic hourly wage rate of any class of positions: Sandblasting, swing-stage work, erected structural steel skeleton work, all bridge �aork, all exterior work where safety belt or window jacks are used, spray painting and when applying materials aver 50% creosote and for application of all two component epoxy materials. - C2 - APPENDIX D �'�'�'@� r, � . _.. ... K Effective May 15, 1978, the EMPLOYER shall: (1) contribute $ .55 per hour for alI hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a UNION designated Health and Welfare Fund. (2) contribute $ .25 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a Pension Fund. (3) deduct $ .70 per hour from which payroll deduction has been made for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a Vacation Fund. (4) contribute $ .09 per hour for all hours worked by participating employees as def ined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENfi, to a Apprenticeship Training Fund. All contributions made in accordance with this Appendix shall be forwarded to depositories as directed by the UNION. The EMPLOYER shall establish Workman's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, shall aot be eligible for, governed by, or accumulate vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or may be established by Civil Service Rules, Council Ordinance or Council Resolutions. - D1 - _._ � _ . _ v L , APPENDIX D � � (continued) ��i �'�� g� The EMPLOYER'S fringe benefi.t obligation to participatiag employees as defined in Articles 12.3, 12.4 and 12.5 i.s limited to tlze contribuCions and/or deductions established by this AGREEMENT. The aetuaZ Ievel of benefits provided to employees sha].I be the responsibility of the Trustees of the various fund.s to which the �PLOYER� has forwarded contributions and/or deductions. - D2 - J � ��•��_`�� 1978-79-80 MAINTENANCE LABOR AGREE?�iEs�IT • - between - THE CITY OF SAINT PAUL - and - INTERNATIOVAI. BROTHERHOOD OF � � " - � " PAINTERS A.'�iD ALLIED TRADES Lac_�. 61 � I N D E X ARTICLE TITLE PAGE Preamble iii I Purpose 1 II Recognition 2 III Employer Rights . 3 IV Union Rights 4 V Scope of the Agreement 5 VI Probationary Periods 6 VII Philosophy of Employment and Compensation 7 VIII Hours of Work 8 IX Overtime 9 X Call Back 10 XI Work Location, Residency 11. XII Wages 12 XIII Fringe Benefits 14 XIV Selection of Foreman and General Foreman 15 XV Retirement 16 XVI Holidays 17 XVII Disciplinary Procedures 18 XVIII Absences from Work_� 19 XI� Seniority 20 XX Jurisdiction 21 XXI Separation 22 XXII Tools 23 XXIII Grievance Procedure 24 XXIV Right of Subcontract 29 XXV Non-Discrimination 30 XXVI Severability 3l. XXVII Waiver 32 XXVIII City Mileage Plan 33 XXIX Duration and Pledge 34 Appendix A AI Appendix B B1 Appendix C C1 Appendix D DI - ii - i . P R E A M B L E This AGREF`��NT is entered into on the day of , I978� between the City of Saint Paul, hereinafter referred to as the EMPLOYER and the International Brotherhood of Painters and Allied Trades Local 61, herein— after referred to as the TJPIION. The E1�tPL0YER and the UNION concur that this AGREEs�fENT has as its objective the promoti.on of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-manage�e�t cooperation. R The EMPLOYER and the UNION both realize that this goal depen3s not only on the words in the AGREEI`IENT but rath�r pramarily on attitudes bet�aeen people at all Zevels of responsibiZity. Constructive attitudes of the City, the U1ION, and the individual employees will best serve the needs of the general public. - iii - ,• ARTICLE I - PURP05E � r � 1,? Ths ENIPLOYER an�i �he UNION agree that the purpose for entering into this AGREEriEVT is to: lell Achieve orderly and p�aceful rela�ions, thereby establishir.g a system of uninterrupted operations . and :he highasr level of employ�e performa.nce that is aonsistent wirh the safety and well-being of all concern2d; 1.12 Set forth ratea of pay, hours of work, and other conditions of employaent as have been agreed upon by the EMPLOYER and the UNION; 1.13 Establish procedures to orderly and peacefully resolvs disputes as to the application or inter- �. pretation of this AGRE�IFNT without loes of -� msnpower productivity, 1.2 The ENFPLOXER and the U�1IO�I agree that this AGREEMENT serves as a supplam2rtt to legis�.atioa that crea�es .and directs the EMPLOYER. If any part of thi.s AGREEMENT is in conf?ict with such legislation, the l�tt�r ahall prsvail� The parties, on written notice, agree to negotiate th�t pa:rt in conflict so that it conforms to the statute as provid�d by Article 26 (SEVERABILITY) e F - r � - 1 " t• ARTICLE II - RECOGNITIOY `�� 2,1 The E:�iPLOYER zecognizes the UNION as the exclusive representative � for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisional, temporary, _ and emergancy employed in the classes of pQSitions defined in 202 as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-479-A dated April 17, 1973. 2.2 Tha classes of positions recognized as being exclusively represented by tha UNION ars as listed in Appendix A. � n_ � . _ 2 _ ARTICLE III - E�L°LOYER RIGHTS �� 3e1 The E:�LpLOY�R ret$ins �ha righ� *_o operaLe and manage all manpower, facilities, and equipment; to establish functions and programs; ta set and anend budgsts; to �etermine the utilization of technology; to establish and modify tr� organizational structure; to select, direct, and determine the nuazber of personnel; and to p�rform any in'narent man.age.rial f unction not specifically limited by this AGRE�NT. 3.2 Any "term oz condition of employment" not es*_ablished by this AGRE�IENT shall remaitt with the �IPLOYER to eliminate, modify, or establish foZlowiag writtea aotification to the U�tION. � . �,. � � V � - 3 - , ARTICLE IV - L'�T_0� RiuhTS ;� 4,1 T�� EMPLOXER �rall deduc� from the wages of e�ployees who authorize such a deductic: in writing an a.nour.t necessa�y to cover monthly ZI�;ZOV dues� Such �on�as deducted shall be renitted as directed by the UNION. 4011 T�� .'LO�ER ahall not daduct duzs from tne wages of employe�a covered by this AGRE�tENT for any otner labor organixati�no 4,12 The UNjON ahall indaumify and save harmless the EMPLOYER fr�� any �ad all claims or charg�s made against ths EriPLOYE� as a result of the implementation of this ARTICLE. 4e2 The UNIO� aay d�sign�ze one (1) employz� from the bargaining unit to � act as a 5teward and shall inforta the ��PLOYER in writing of such ._ d�sign�t�on, Such employae shall have thz rights and responsibilities as dssignated in Articla 23 (GRIEVANCE PROCE�URE) . 4a3 Upots r�otifi�a�ion +to a dasigr.ated EMPLOYER supervisor, the Business Managar of the UYION, or his designated representatiae shall be pertni�ced to enter tha facilities of the EMPLOYER where employees cov�r�d by �hia AGREE��NT are warking. � - 4 - ARTICLE V - SCOPE OF THE AGRr.E�iENT �:_ 501 This AGRE�:VT established the "terms and cor_ditions of employment" def insd by M.Se 179063, Subd� 18 for alI employees exclusively represented by the UNION. This AGRE�NT shall supercede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. � :_:�: �- � - 5 - ARTICLE VI — PROBATION��Y PERIODS � 601 A11 pers�nnzl, originally hirad or rehired followino separation, in a re�ular enploy�ent staLus shall serve a six (6) nonth's probationary period �uring which ti�a the employea's fitness and ability to perform the class o£ positions' duties and responsibilities shall be evaluated. 6�11 At any tima during the probationary period an employee may ba tar�f.nated at the discretion of tha E��'LOYER without gpp�al to tha provisions of Article 23 (GRIEVAL�iCE PROCEDURE). 6a12 Aa amployee t�ru�n�ted during the probationary period shall receivz a �it�en notice of the reason(s) for such t�rmination, a copy ot which shall be sent to the UNIO�io 6,2 All pszsonnal promoted to a higher class of positions shall serve a six �. -� (6) months' pronotional probationary period durino which time the employee's fitness and ability to psrform the class of po�itions' duties and responsi— bilitie� ahall be evaluateda " 6.21 A� aay time duxing �ha pramotional probationary period an employes may b� d�mo�ed to the employee's �previously hQld clas9 of positions at the d3scretion of the EMPLCYER witho+�t app�al to the provisi�ns of ArticZe 23 (GRIEVAiYCE PROCEDUtZE}, 6,22 An emplop�e damoLed duzir.g rhe promotional probationary period sh311 b� returr.ed to the employee's previously h�ld class o� positions and shal3 receive a written notice of the reason� for d�moti�n, a copy of which � shall be aent to th� UNIONo - 6 - ' AFTICLE �JII - PHZLOSOPHY OF EMPLOYI�:ENT AND CO�fi'ENSATI0:1 � 7,1 The EMPLOYER ar.d the INION are in full agreement that the philosophy �. of employn�nt and c4npansation shall be a "cash" hourly wage and "xndustry" fxinge benefit systemo 7e2 The �LOYER sha11 comp�nsa�e employees for a1Z hours worked at the basic hourly wage rate and hourly friage benefit rate as found in Articles 12 (FTAGES) and 13 (FRINGE BENEFITS). 7.3 No othsr co�apensa=i�n or fringe benefit shall be accumulated or e�rned by an e�ploye� except as specifically provided for in this AGREEMENT; except those employees who have individually optioned to be "grandfathered" as provided by 1202. �� _ �; - 7 - ARTICLE VIII - IiOli�S Or GJO:ZK � 8.1 Th� normal w��k da� shall b� eigh� (8) consecutive hours per day, � excluding a thirty (30) minu:e unpaid lunch period, between 7:00 a.m. and 5:30 p,m, 8.2 The normal wozk week shall be five (5} consecutive nornal work days Monday through Fridayo � 8.3 If, during the tera of this AGRE�IENT, it is necessary in the EMPLOYER'S �udgsnent ro establish seeond and third shifts or a work week of othe� th3n Monday through Friday, th� UJTION agrees to enter into negotiations imatadiaLel� to establish tha conditions of such shifts and/or work wee'�cs. 8,4 This section shal? nor be construed as, and is not a guarantee of, any hours of work per normal work day or per normal wozk week. �, 8.5 A11 employees sha3.l be at theJ'Mlocation designated by their supervisor, ready for work, at the established starting tine and shall remain at an _ _._ _. __ _ assigned work loc�tidn until the end of the established work day unless otherwiss directe8 by their supervisor. $a6 A1Z empZoyees ars sub3ec+t to call-back by tne EMPLOYER as provided by Article 10 (CALL BACK). 8e7 Eaployeas rap�rtiag for work at the establishad si.arting time and for whoa no wor'.{ is available shall receive pay for two (2) hours, at the basic hourZy raCe, unless natification has been given r.o*_ to report for work prior to leaving ho;��, or during the previous work day. , � - 8 - ARTICLE IX - OVERTIu:., '�` 9.1 Ti�e on the payro3.1 in excess of the nornal hours set forth above �._ shall be "overti�e work" and shall be done only by order of the head of the deparzment. An employee shall be recompensed for wor'� done in excess of the normal hours by being granted compensatory tima on a tirse--and-ona-half basis or by being paid on a time-and- one-half basis for such overtime work. The basis on which such overtima sha1Z ba paid shall be determined solely by the �IPLOYER. 9.2 The rate of one and oae-half (l�) the basic hourly rate shall be the � overtima rata for work performed under the following circumstances: 9021 Time worked in excess of eight (8) hours in any one noz-nal work day and; 9.22 Tisse worked oa a si.xth (6th) day following a normal wor� week. � 9.3 The rste of two (2) timea tha basic hourly rate shall be the overtiae rete paid foz work performed under the follvwing circumstances: 9.31 Tim� worked on a holiday as defined in Article Z6 - (HOLIDAYS); 9032 Tina w�rked an a seventh (7th) day following� a noxrsa? work week; and 9033 Titae worked in exezss of twelve (12) consecutive hours in a twenty-four (24) hour p�riod, provided, that a11 "emergency" work required by "Acts of God" shall be coapensated at the rate of one and one-half (1�) . 904 For tha purpos� of calculating overtine compensation overtime hours worked shall not be '�pyramided", compounded, or paid twice for the same hours worked, � - 9 - ARTZCLE Y - CALL BAC� � ��,�� W� � 10,1 Tt�� ENP�'LOYER retains tha right to call back employees before an employea has etart�d a normal work day or normal work week and after an employse has completed a normal work day or normal work ws��. 1002 Emp2oyees called back shall receive a minimum of four (4) hours pay at the basic hourly rate, 10e3 The hours worked based on a call-back shall be compensated in. accordanca wi�h Article 9 (OVERTIME) , when applicable, and subject to the r�in3.mum established by 10.2 above. 10.4 Employ�es called back four (4) hours or less grior to their normal work day shall complet� the normal work day and be compensated only for tha overtima houra worked in accordance with Article 9 (OVERTIME) . � �.. �: � - 10 - ARTICLE XI - WORK LOCATION, RESIDENCY �-` � llol Employeas sh:�ll raport to �oor�c locaLion as assigned by a desig*�ated ErLpLOXr,R suparvisor, During the normal work day employees �ay be assigned to other work locarions at the discretion of the E�PLOYEIt. 11.2 Empl�yees assigned to work loca�iorts during the noraal work day, other than th�ir original assignnent, and who are required to furnish their own transportation shall be compensated for r.dileage. 11.3 All new employees appointed after January 1, 1976, would be required to reside in the City of S3int Paul within one year of their original appointaent, and th�reafter would be required to remain, within the City limits as lang as they were employed by the City of Saiat Paul. 11.4 This residency requ3.re�aan:. shall app].y to unclassified employees as well as cl3ssifisd employeeso � 11.5 Applica:�ts. for positions in the City of Saint Paul will not be required -- -- - to bs residents of tha City of Saint Paul. ll.06 Employeas f ailing to meet th� residency requirement will be subject t�o setmination and a hearing process shall be established to detereiine whetr.�x the resi3ency requiremeat was meto �,. - 11 - . ARTICLE XII - �ti'AGES I2.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Employees who are covered by the fringe benefits listed below shall continue to be covered by such benefits. They shall be subjecr to all other provisions of the AGREE�fiENT, but shall not have hov.rly fringe benefit contributions and/or deducations made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.21 Insurance benefits as established by City of Saint Paul Resolutions including life and health insurance for early retirees wno have retired since rray 23, 1973. In order to be eligible for the health benefits under the early retiree provision, the e�ployee must: 12.2I.1 Be receiving benefits from a public employee retirement act at the time of retirement. 12.21.2 Have severed��his relatioreship with the City of Saint Paul under one of the early retiree plans. � - ' 12.21.3 Inform the Personnel Office of the City of Saint Paul in writing within 60 day of eznployee's early retirement date that he or she wishes to be eligible for early retiree insurance bneefits. 12.22 Sick Leave as established by Resolution No. 3250, Section 35, Subdivision E. 12.23 Vacation as established by Resolution No. 6446, Section 1, Sub- division H, however, enployees in this bargaining unit, covered by this vacation provision, shall be granted vacation at the rates shown below. Years of Service Vacation Granted Less than 15 years 20 days At least 15 yrs but less than 25 21 days After 25 years 22 da}s 12.24 Nine (9) legal halidays as established by Resolution No, 6445, Section 1, subdivision i, 12.25 Severance benefits as established by Ordinance i�o. 11490, with a maxim� p2y�nent of $4,000. - 12 - . ARTICL.�'. XII - Lr'AG�S (contir.��ed) � 12.3 Regular eragloyees not covered by the fringe benefits listed in Article 12.2 shall. be considare@, for the purposes of this AGREEMENT, partici- pating employees and sha11 oe co�oensated in accordance with Article I2.1 (WAGES) and have fringe benefit contributions and/or deductions made on their bahalf as provid�d for by ArticZe 13 (FRINGE BENEFITS) . 12.4 ProvisionaZ, temporary, aad emergency employees shall be considered, for the purposes of this AGRE�T, particinating employees and shalZ be compsneatad in �ecordance with Article 12.1 (WAGES) and have fringe benefit con�ributions and/or deductions made in their behalf as provided for by ArticZa 13 (FRINGE BE�tEFITS) . 12.5 All regular employeea empZoyed after February 15, 1974, shall be consid�red, £or the purpose of this AGREEMENT, participating employees � an@ shall be conpensated in accordance with Article 12.1 (WAGES) and hava fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . ! - 13 - ARTICLE XIII - FRINGE �ENEFITS r�` 13.1 The E.hiPLOYER sha11 make coatributions on behalf of and/or make � dedLCtions from the wages of employees covered by this AGREEMENT in accordanca with Appendix D for aIl hours worked. • �� v. . . � � - 14 - AR�ICLE XIV - 5ELECTZON OF FOREM.�I�i A_ND GENERAL F'OREMr1:�t � 1401 The selaction of personnel for the class of position Painter Fore�an , � sha1Z remain sole2y wirh the EMPLOYER. 14.2 Tha class of position Painter Foreman shall be filled by employees of the bargaining unit on a "temporary assignment". 14.3 All "temporary assignuents" shall be made only at the directioa of a designatad EMPLOYER supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day. �' �. f � - 15 - / .. . ._. . . .._.. _. . .. .... . . . . . . .. .. .... ........ .. .. ......:.......c�........�: ..�._......_..._.., �_-�_ ... ARTICLE XV - R�TIRE��vT r-. � 15.1 All employeas s�:all. re*_ire from employment with the EMPL�YER no later than th� last calandar day of the month in which an employee becomes sixty-five (65) years old. �- _ �� - 16 - ARTICLE XJY - HOLZDaYS �.. � 16,1 The followir.g nine (9) days shall be designated as holidays: New Year's Day, January 1 President's Day, Third �fonday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Columbus Day, second Monday in October Veteran's Day, November 11 Thanksgiving Aay, fourth Thursday in November Christmas Day, December 25 16.2 Whsn New Year's Day, Iad�pendence Day or Christmas Day falls on a Sunday, the followiag Mortday shall be considered the designated holiday. When any of Chsse thr,ee (3) holidays falls on a Saturday, the preceding Friday sha11. bs consid�zed the designated holiday. 16e3 The nina (9) holidays shall be considered non-work days. 16.4 If, in the 3udgm�nt of the ENIPLOYER, personnel are necessary for �. . operating or emargency reasons, employees may be scheduled or "called back" in accordanc� with Article 10 (CALL BACK) . 16,5 Employeea working on a designat�sl holiday shall b� comp�nsated at the rate of two (2) timea ttes basic hourZy rate for all hours worked. 16.6 In the case of Board of Education employees, if Presidents' Day, Columbus Day, or Veterana' Day fall on a day when school is in session, the employees shall saork that day at straight tiune and another day shall be designatYd as th� holidaye This designated holiday shall be a day on which school is not in s�ssion and shall be determi:�ed by agreenent be�waen tha employaa and his suparvisore � - 17 - ARTICLE XVII - DISCIPLIN�Y PROCEDURES �� 1701 Tha E�PLOYER �h�ll have �h� right to impose disciplinary actions on employees for �ust cause� 17e2 Disciplin�ry ac`ion� by tha EMPLOYER shall �nclude only the following actions: 17.21 Oral reprimand. 17e22 Written reprimanda 17e23 Susp�nsiono 17024 Demotion. 17025 Diseharg�, 17e3 Employeas who are auspeaded, demot�d, or discharged sha11 have the right to zequsst that such actions be reviewed by the Civil Service Commiasion or a dQSignatad Board of Review. The Civil Service Commission, � or a designat�d Board af Review, shall be the sole and exclusive mzans o£ reviawing a suapaa3�on, demotion, or discharge. No appeal of a suspension, demotion, or dis�harge shall be considered a "grievance" for the purpose of proc�ssing through the provisions of Article 23 (GRIEVAi�iCE PAOCEDU:�tE) . � £ � - 18 - ARTICLE XVIII - ABSE�CES FRO� WORK � 1801 Employees wno are unabl� to reoort for their norcaal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beoinning of such work daye 18,2 Failure to �a�e such notificatiou may be graund for discipline as provided in Article 17 (DISCIPLINARY PROCEDURES). 18a3 Failura to report for work without notification for three (3} consecutive nox-�a,al work days may be considered a "quit" by the EMPLOYE� on the part of tha employee. � . . i � - 19 - ARTICLE XIX - SENIORITY � 19�1 Ser.iority, for ths purposes of this AGREEriENT, shall be de£ined as follows: 19e11 "Master Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the last date of employment in any and all class titles covered by this AGREEMENT. 19.12 "Class Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the date an employe� was first appointed to a class title covered by this AGRE�IENT. 19�2 Seniority sh�ll not accumulate during an unpaid leave of absence, except when such a leav� is granted for a period of less than thirty � (30) calendar days; is granted:�because of illness or in�ury; is granted to allow an employee to accept an appointment to the unC?assified servica of the EMPLOYER or to an elected or appointed full-tine position wiLh the UNION, 19,3 Seniority shall terntinate when an employee retires, resigns, or is . discharged. 19.4 In tha event it is de�ermin�d by the EMPLOYER that it is necessary to reduce the work force employees will be laid off by class title within each Department based on inverse length of "Class Seniority". Eraployees laid off shall have the rioht to reinstatement in any lower-paid class �i�le, provided, eaoloye2 has greater "Master Seniority" than the employ�e being replaced. 19e5 Tha s�Iection of vacation periods shall be made by class title based on �` leng�h of "Class Seniority", subject to the approval of the EMPLOYE2. - 20 - ARTICL� X.� - 3URZS7ICTI0� ~ 20�1 Disputas cozcerr.ing work 3uzisdicCion between and among unions is � recognized as an appropriats subject to determination by the various unions repres�nting employees of the EL�II'LOXER. 20.2 The EMPLOYER agreas to be guided in the assignment of work jurisdiction by any mutuaZ ag:s�ments betwezn the unions involved. 20.3 In the avent of a dispute concerning the performance of assignment of work, the unions involvad and the EMPLOYER shall meet as soon as mutually possible to resolve tha dispute. Nothing in the foregoing shall restriCt the right of tha E�IPLOYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict the EMPLOYER'S basic right to assign work. �� 20.4 Any employee refusing to perform work assigned by the EMPLOYER and as � clarifi_d by Sectioas 20.2 and 20.3 above shall be subject to disciplinary action as provided in Article 17 (DISCIPLINARY PROCEDURES) . 2005 There shall be no work stioppage, slow down, or any disrugtion of work resulting from � work assignment. ' E - 21 - ARTICLE X�;z - SEPARATIOv ..;.. `.� 21�1 Emp?oys�s ha�ing a probationary or regular employcient status sha11 be considered separared from employment based on the following actions: 21vI1 Resi nation, Employees resigning from emp�oyment shall give written notice fourteen (14) calendar days priar to ths effective date of the resignation. 21.12 Retirzmen*. As provided in Article 15. 2].0?3 Dischazge. As provided in Article 17. 21.14 Failura to Report for Duty. As provided in Article T8. 21.2 Emp].oyeas havir.g an emergsncy, temporary, or provisional employ�ent statc:s may be terminated at the discretion of the EMPLOYER before the compZ�tion �f a nozmal work day> � :�., -.T. � , - 22 - ; _ .. _ _ ARTICLE �."�II - TOOLS � �: . 22.1 All employae3 sha11 personaZly provide themselves with the tools of the trade as listed in Appendix B. �: � � - 23 - ARTICLE �XIII -- GRIEVA.NCL PROC�DURE � 23a1 The E��SPLOYER shall reeognize Stewards selec�ed in accardance with UNION rules and regs:Iations as th2 grievance representative of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the names of the Stewards and of their successors whea so named. 23.2 It is recognized and accepted by the EMPLOYER and the UNION that the pxoCassiag 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 employea dutias and respoasibili�tiea. The Steward involved and a grieving employee shall. suffer no loss in pay when a grievance is processed during working hours, provided, the 5teward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absance would not be detrimental to the work programs of the � ,�. EMPLOYER, 23e3 The procedure establishad by this A�tTICLE shall be the sole and exclusive procedure, ex�ept for the appeaZ of disciplinary action as provided by 17<3, for the processing of grievances, which are defined as an alleged violation o£ Lhe terms and conditions of this AGREEMENT. 230� Grievanc�s shall b� resalved in conformance with the following procedura: Step l. Upon the occurence of an alleged violation of this AGRE�EtiT, the employze involved shall attempt to resolvp ahe mattax on an info�-cnaZ basis with the e�p?oye�'s supervi�or, If the matter is not resolved � t - 24 - ARTICLE X.YIII - G�IEV�.�CE PROCEDU2E (continued) � to thz eWployee's satisfaction by the infornal discuss�on �:.. it ::.ay ns reducad to wri*ing and referred to Step 2 by the L?i�O�i. The written grievance shall set forth th� nature of tha grisvance, the facts on which it is based, the alleged section(s) of the AGREE��iENT violated, and the relief requested. Any alleged violation of the AGRr.��1T not reduced to writino by the UNIOV within sQVen (7) calendar days of the first occurrence of the ev�n� giving rise to tha grievance or with3.n th� use of reasonable diligence should have had knowladge of the first accurrence nf the event giving rise to the grievance, sha?1 ba considered waived> Setp 2> Within s�ven (7) calendar days after rec�iving the written � '�`= grievance a dasignated� EMPLOY�R supervisor shall meet :��.th the LniI0�3 Steward and attempt to resolve the grievance. I�, - -- - �- - as a result of this meeting, tYee grievance re�?ins unresolved, the �LOYER shall reply in writing to the UtiIOV w�thia tzree �3) caZendar days foZlowing this meeting: The U�IIOV *-�ay r2ier the gri�vanea in writing *_o Step 3 within sev�n (7) calendar c�ays foZlowing receipt of ths EMPLOYER'S written answer. �ny grievance not referred in writing by the UNIO:I withiz sevea (7) cale�dar days following receipt of the EMPLOYER'S answsr s'r►all be con3idered waived. � i - 25 - AATIC�E X�:T_il - GRiEG�tiC� PROCEDU�E (c�ntinued) � :� � �� : �� _�. �� S~,.ep 3> Withir. sev2n (7) calpndar days followir_g receipt of a gviavar.ce refe:red fron Step 2 a designated E?KPLOYER sup�rvisor shall mezt with the UNION Business Manager or his designated representative and attempt to resolve the griavanceo Within seven (7) calendar days following this a2ating tha EMPLOYER shall reply in writing to the UNT_ON stating the EMPLOYER'S answzr concerning ths grievanca� If, as a resuZt of the written response �he grievance remains unresolved, the UNIOI3 may refer ohs $rievan:.� t� Step 4o Any grievance not referred to in writing by the UNION to Step 4 within seven (7) calenda: days following receipt of the EMPLOYER'S answer shall be considered waivedo ;� . .._ ..� Stap 4o If the grievance remains unresolved, the UNION may within �eve:t (7) calendar days after the respor_s� of thp E��OXER ia Steg 3, by written notice to the E1�LOYER, reqc�est arbitration of ;:he grievanceo The �r�i�ration pr�caedings shall b� coadu�t�d by an aYbitr�>or �a be selected by mutual agreement of the E�fPT.�C�R and the iiYION wi�hin seven (7) calenda: days � �fasr noti�e has b�en given, If _h� par*_ies f ail to II1L'ri1�.�ly agrea L'pDri an arbitrator w�th�n the said �sven (7) day pariod, ei�nsr par�y may request the Pu'olic Emplo}»zan� Relation Board to submi*_ a par.el cf f?�?s (5) arbitrators� Bo*_h �h� Eri.PLCYER and the � k - Zo - ARTICLE ��7II - G�IEV�vCE PROCEDURE (continued) �� U:vIO� shall have the right to strike two (2) nanes from the panel. The U�ION shaZl strike tha first (lst) name; the Ei�LOYER shall then strike one (1) nama. The process will be repeated and tha remainino person shall be the aroitrator. 23.5 The arbitra�or sha11 hav� no right to amend, nodify, nuZlify, ignore, add to, or subtract from the provisions of this AGREE:�fENT. The arbitrator snall consider and decide only the specific issue subaitted in writing by the EKPLOYER 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 wi[h � or modifyi�g or varying in any_.way the application of laws, rules or �e.. regulations having the forc2 and effect of law. The arbitrator's decision shall be subr.�itted in writing within thirty (30) days following closa of the hearing or th� submission of briefs by the parties, whichever be later, unless the parcies agree to an extension. The decision shall be based solely on th� arbitrator's interpretation or application of the expres3 ter,as of this AGREEMENT and to the faets of the grievance presented. The decision of the arbitrator shall be final and binding on the FMPLOYER, the iTNIOV and the employezs. � t - 27 - ARTICLE XXIII - GRIEVr��CE PROCnDURE {con�inued) � 2306 The feas snd expensas for the arbitrator's services and proceedings shall bs borne equally by the EriPLOYER and the UNIO�, provided that each party sha11 be responsible for compensating its own representative and witneases. If either party cancels an arbitration hearing or asks for a last minute postponement that leads to the arbitrators making a charge, tha canceling party or the party asking for the postponement shall pay this charge. If either party desires a verbatim record of the proceadings, it may cause such a record to be made providing it pays for the record. 23e7 The time limits in each step of this procedure may be extended by mutual agraement �f the II�iPLOYER and tne UNION. � z �. _ 2g _ ARTICL� YXIV - RIGHT OF SUBCONTRACT �. � 24.1 The EM�"LOYER nay, at arty tirae during the duration of this AGRE�iE:3T, contr�ct out wor'_{ dor.s by the employees covered by this AGREE?�NT. In tha event thac such contracting would result in a reduction of the work force covered by this AGRE�iE�1T, the E.�LOYER shall give the UNION a ninety (90) calendar day notice of the intention to aub-contract. 24.2 The sub-contracting of work done by thz employees covered by this AGREr'�IENT shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. � w. �` - 29 - ARTICLE 1iXV - NON-AISCRI�IINATION � 25.1 The tertns and cond�,tions of this AGREEMEIvT will be applied to � . employees equally without regard to, or discrimination for or againet, any individual because of race, color, creed, sex, ags, or becausa of inembership or non-membership in the UNION. 25,2 Enployees wi11 perform their duties and responsibilities in a non-discri�inatory mann�r as such duties and responsibiiities involve other employees and the general public. � � x d" r - 30 - ARTICLE X}:VI - S:.VE��DILITY _.� 26,1 In tha ever.t that any provision(s) of this AGREr'2.hE�iT is declared �: to be can�rary to law by propzr legislative, administrative, or 3udicial au�hority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. AZ1 other provisions shal.l continue in full force and effect. 2602 The p�rties agree to, upon written notice, enter into negotiations to place the voided provisions of the AGREEMENT in co�pliance with the 12gislative, administrative, or �udicial determination. � � - 31 - ARTICL� XXVII - W��VER � 27.2 The E'�LOY�� ar.d tha UtiION ackr_owledge that during tae �eeting - and negotiating which resulted in this AGRE�.�f.r,"�T, each had the right and opportunity to make proposals with respect to any sub3ect conceraing the terms and conditions of enploynent. Tne agreements and understandings reached by the parties after the � exercisa of this right gre fully and compl.etely set forth in this agreen�at. 27.2 Therefore, the �..pLOYER and the UNION for the duration of this AGREII�iENT agree that tha other party shall not be obligated to meet azd �negotiate over any ter� or conditioas of employment wnethsr specificaZly covered or not specifically covered by th_is AGREEMF.DIT. The UNZON aad EMPLOYER may, however, mutually agree � to madify any provisioa of this AGREEMENT. �:.. 27.3 Any and alI. prior ordinances, agreements, resolutions, practices, policies, and rul.es or regulations regarding the teras and conditions of employment, to the extent they are inconsistent with this AGREEMENT, are hereby superseded. - E. - 3? - • ARTICLE X.KVIII - CITY MILEAGE PL:1:'� • 28.1 Auto�obile �t�iybu�sement ,�uthorized: Pursuant to Chapter 92A of the t�;�' �` St. Paul Legislative Coda, as amended, pertainino to reimbursen�nt of City officers and enployees for the use of their own automobiles in the perfo�.,3nce of tneir duties, the following provisions are adopted. 28.2 Method of Connutation: To be eligible for such reimbursement all officers and exaployeas raust xeczive written authorization froa tha Mayor. ReiWbursenent sha?1 be �ia.de in accordance with one of the following p2ans: T�e 1. For those officers and employees who are requi_Qd to use their owre automobiles occasionally for official City business, reim- bursement at the rate of 14 cents for each mile driven. TyFe 2. For those officers and employees who are required to use their own automobil.es on a regular basis on City business, reinbursement at the :ate of $2.50 for each day of work, and in � addirion thereto at the_xate of 7.5 cents for each mile driven. 28.3 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain tha requirement that recipients shall file dailq reports ir.dicating place of origin and destination and applicable mileage ratings tnereat and indicating total miles driven, and shall file monthly affidavi�s stating tha nu�ber of days workad and the number of niles driven, and further raquired that they maintain automobile liability insurance in amounts not less than $100,000/300,000 for personal injury, and $25,000 for propprty d�nage. These rules and regulations, together with any a�end:neZts thc�r�to, sYta11 be maintained on file with the City Clerk. f2$.4 The pxovisions of this Article snall not apply to employees of Indspender_t School District No. 625. - 33 - ARTICL� XXIY- DL'P..4TIOV A_'�D PLEDGE �� 29.1 This AG�E�i:vT shall becoae effective as of the date of signing, �. except as specizically provided otherwise in Articles 12 and 13, and sha11 re�ain in effect through the 30th day of Apri1, 1981,. and cantinue in effecr from year to year thereafter unless notice to change or to termiaate is given in the manr_er provided in 29.2. 29.2 If either party desires to terminate or modify this AGREEMENT, effecrive as of the date of expiration, the party wishing to modity or tarninate tha AGRE�iE�tT shall give written notice to the other party, not �ore than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided, that the AGREEMENT may only be so tarminated or modified effective as of the expiration date. �=� 29.3 In cor.si3eration of the terTas and conditions of employment established by t?LS AG�.E'�NT and the recognition that the GRIEVANCE PROCEDURE herein establishad is the means by thich grievances concerning its application or interpratation rzay be peacefully resolved, the parties hereby pledge that during the term of the AGREEMENT: zg:31 The iil3I0N and tha emplayees will not enga�e in, - instigate, or condone any concerted action in which employees fail to report for duty, willfully ahsent thanselves from work, stop work, slow down theiY work, o� absent themselved in whole or part fror� th� full, faithful performance of their duties of ea�ployment. �. .Y - 34 - � ARTICLE XXIX - DURATION AND PLEDGE (continued) 29.32 The EMPLOYER wi11 not engage in, instigate, or condone any lack-out of employees. 29.33 This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City, and is also subject to ratif ication by the IJI3ION. AGREED to this 6th . day of October;1978 and attested to as the full and complete understanding of the parties for the period of time herein specif�ed by the signa.ture of the following representative for the EMPLOYER and the UNION. WITNESSES: INTERNATIONAL BROTHERHOOD OF P�iI3fiER5 CITY OF SAINT PAUL AND ALLIED TRADES LOCAL 61 _ _ C.` � • ' � ,� � C� �� j La or Rel ion or Bus �'Manager Civil Service Co�nission - 35 - APPFNDIY A � �� The classas of positions recognized by the EMPLOYER as beiag exclusivaly repre9ented by the UNION are as follows: Painter - Foreman Paintar Apprantice and other classes af positions that may be established by the EMPLOYER whare the duties and respansibilities assigned comes within the 3urisdiction of the UNIOV. �' �: ..,K. �. - Al - APPENDIX C The basic hourly wage rate for porvisional, regular and probationary e�pZoyees appointed to the following classes of positions shall be: Effective Effective Effective 5-15-78 5-01-79 5-01-80 Painter. . . . . . . . . . . . . $10.42 $11.14 $11.91 Painter Fore�an. . . . . . . . . $11.00 $11.72 $12.49 The basic hourly ��age rate for temporary and emergency employees appointed to the following classes of positions sha11 be: Effective Effective Effectivz 5-15-78 5-01-79 5-01-80 Painter. . . . . . . . . . . . . $10.84 $11.59 $Z2.39 Painter Foreman. . . . . . . . . $11.44 $12.19 $12,99 Apprentice 0 - 6 nonths. . . . . . . . . 50% of Painter rate 7 - 12 months. . . :""`: . . . . 55% of Painter rate 13 - 18 �onths. . . . . . . . . 60% of Pain�er rate 19 - 24 months. . . . . . . . . 70% of Painter rate 25 - 30 months. . . . . . . . . 80% of Painter rate 31 - 36 months. . . . . . . . . 90% of Painter rate The basic hourly wage rate for reguZar em�loyees appointed to the follow- ing classes of positions, who are receiving the Fringe Benefits listed in Article 12.2 sha1.1 be: Effective Effective Effective 5-15-78 S-01-79 S-CI-SO Painter. . . . . . . . . . . . . $ 9.09 � ^f Painter Forenan. . . . . . . . . $ 9.69 * %�� %�Th� ria5 l, 1979 hourly G;age rates in this contract will be the rates as shown below less the cost of sick leave usLge for 1978 and less th2 cost of health and life insurance, holiday, per�sio:l and vacation for 1979 incurred by �he er�ployer for employees in this baroair_ing unit. Painter $12.48 Painter Foreman $13.2.3 - C1 - APPENDIX C (continued) �*The i�iay l, 1580 rourly wage rates in this contract will be the rates as sF�o�v-n below less the cost of sick leave usage for 1979 and less tne cost of healtn and life insurance, holiday, peasion ard vacation for 1980 incurred by the e�ployer for e�plo,ees in this bargaining unit. Painter $13.28 Painter Fore�an $14.03 When performing the following types oi work the rates of pay sha11 be s�xty Cz='-�� ($ .60) per hour over the bas-�c hourly wage rate of any class of positions: Sandblasting, swing-stage work, erected structural steel skeleton *.:ork, all bridge work, alI exterior work where safety belt or window jacks are used, spra5* pain*_ing 2nd when applying z:aterials over 50% creosote and for application of a1Z two co�oonent epoxy naterials. <.x- - C2 - APPENDIX D Effective May 15, 1978, the ErIPLOYER sha11: (1) contribute $ .55 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEriENT, to a INIO� designated Health an� Welfare Fund. (2) contribute $ .25 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by _ this AGREEMEtIT, to a Pension Fund. (3) deduct $ .70 per hour from which payroll deductioa has been rsade for aIl hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a Vacation Fund. (4) contribute $ .09 per hour ior all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AG�EriENT, to a Apprenticeship Training Fund. All contributions made in accordance with this Appendix sha11 be fortaarded to depositories as directed by the INIOfi. The EPiPLOYER shall establish S�'or'.�an�s Compensation ar.d Une�ployment Compensation progra.�s as required by �iinnesota 5tatutes. Participating ersployees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, shall not be eligible for, governed by, or accurnulate vaeati.o�, sick leave, holiday, funeral leave, jury duty, or insurar.ce frir.ge benefits that are or may be established by Civil Service P�ules, Council Ordi�ance or Gouncil Resolutions. - D1 - f ♦ APPENDIX D (continued) ��+��rw� � y L The �itPLOYER`S fr'i:�ge benafi.t obligation to participating enployees as defined in Articles 12.3, 12.4 ar.d 12.5 is liBited to the contrioutions and/or deductions establzshed by this AGREF.�'�1c.�iT. The actual level of benefits provided to eLnployees shall be the responsibility of the Trustees of the various funds to which the F�''IPLOYER' has forwarded contributions and/oz deductions. - D2 -