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271575 WHITE - CITV CLERK COIlflCll /r����� PINK - FINANCE - CANARV - DEPARTMENT GITY OF SAINT PAUL ��� � BLUE - MAVOR File NO. � � � Council Resolution Presented By Referred To / Committee: Date Out of Committee By Date An administrative Resolution approving the terms and conditions of the 1978 Labor Agreements between the City of St. Paul, I. S. D. No. 625, and the United Brother- hood of Carpenters and Joiners of America, Twi.n City Carpenters District Council. WHEREA5, the Council, pursuant to the provisions of Section 12. 09 �` of the St. Paul City Charter and the Public Employees Labor Relations Act of 1971, as amended, re�.ognizes the United Brotherhood of Carpenters and Joiners of America, Twin City Carpenters District Council, as ex- clusive representative for those classes of positions within the City of St. Paul certified by the Bureau of Mediation Services under Case�No. ?3-PR-478-A for the purpose of ineeting and negotiating the t�rms and conditions of employment for a11 full-time personnel i.n the classes of positions as set forth in the Agreements between the City of St. Paul, I.S.D. No. 625, and the exclusive representatives hereinabove referenced; and WHEREAS, the City through designated representatives, and the exclusive representatives have met in good faith and negotiated the terms and conditions of employment for the period May 15, 1978, through April 30, 1g79, for such personnel as are set forth in the Agreements between the City of St. Paul, I. S. D. No. 625, and the exclusive representa- tive s; and WHEREAS, a 1978 Agreement has been reached which includes a wage adjustment retroactive to May 15, 1978; now, therefore, be it - 1 - COUNCILMEN Requested by Department of: Yeas Nays Butler In Favor Hozza Hunt Levine __ Against BY — — Maddox Showalter Tedesco Form Ap rov d by Ci tt r Adopted by Council: Date i Certified Yassed by Council Secretary BY By t�pproved by Mavor: Date _ Approved by Mayor for Submission to Council BY - — BY �y rji- .-_ WHITE - CITY CLERK / :/���� PINK - FINANCE COUnC1I ~� % �' CANARV - DEPARTMENT G I TY OF SA I NT PA U L � BlUE - MAVOR � Flle NO• • � - Council Resolution Presented By Referred To Committee: Date Out of Committee By Date - 2 - RESOLVED, that the 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 United Brotherhood of Carpenters and Joiners of America, Twin City Carpenters District Council, on file in th.e office of the City Clerk, is hereby approved, and the authorized administrative officials of the City are hereby authorized and directed to execute said Agreements on behalf of the City. Approved: airman Civi1 5ervice Co 'ssion COU[VCILMEN Requested by Department of: Yeas Nays T, Butler PER�50NNE OFFICE Hozza In Favor Hunt / � �� Levine _ Q __ Against BY �2�t�?/G✓ ���Z � Maddox Showalter Tedesco Form prov d by it A ey Adopted by Co cil: Date ,q�l�� � 1�17$ Certi Pass d b ouncil�Secr ary BY , 1 � t�ppr y lflavor: Date _�� 7 ���� App d by Mayor for b is n to Council _ _ By Pt�� 99� ����ti + �� 1978-79 LABOR AGREEMENT - between - THE CITY OF SAINT PAUL - and - UNZTED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICAN, TWIN CITY CARPENTERS DISTRICT COUNCIL • j, NDEX ARTICLE TITLE �'AGE Preanble iii I Purpose 1 II Recognition 2 III Employer Rights 3 IV Union Rights 4 V Scope of the Agreement 5 VT Probationary Periods 6 VII Philosophy of Employer and Compensation 7 VIIT Hours of Work 8 IX Overtime 9 X Call Back 10 XI Work Location, Residency I1 XII Wages 12 XTII Fringe Benefits 14 XIV Selection of Foreman and General Foreman 15 XV Retirement 16 XVI Holidays �� XVII Disciplinary Procedures 18 XVIII Absences From Work 19 XIX Seniority ZO XX Jurisdiction 21 -XXI Separation 22 _ _ _ XXII Tools 23 XXIII Grievance Procedure 24 XXIV Right of Subcontract 29 XXV Non-Discrimination 30 XXVI Severability 3I XXVII Waiver 32 XXVIII City Mileage Plan 33 XXIX Duration and Pledge 34 Appendix A A� Appendix B B1 Appendix C el Appendix D DI - ii - P R E A M B L E This AGREEME�tT is entered into on this 27th day of June � 1978� between the City of Saint Paul, hereinafter referred to as the EMPLOYER and the United Brotherhood of Carpenters and Joiners of America, Twin City Carpenters District Council, 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 all levels of responsibility. Constructive attitudes of the City, the UNION, and the individual employees will best serve the needs of the general public. - iii - . ` ARTICL£ I - P(�RPCJSE l.l The EI+�IAYER �snd the UNTON agree that the purpose for entering into this AG.�.EP�T is to: � � 1.I1 � Ac�:ieve orderly snd peaceflzl relations, thereby establishi,ng a system of uninterrupted operations and the hi�hest Zeve1 of eraployee performance that is consistent with the safety and well-being of a7.1 concerne3; 1,12 Set forth rates of pay, hours cf work, and other • conditions of employment as have been agreed upon by the EMPIAYER and the ITNIOP�; 1.13 Establish procedures �o orderly and peaceflz2ly resolve disputes as to the applic�tion or interpretation of this AGREEi��iT without loss of �canpower producti-rity, _ _ . ._._ - .____- ___ __ . _ .2 The EMPIAYER and the tTNION agree that this AGRE��,'tt� serves as a supplement to legislation that creates �nd directs the EMPLOYER, If any part of this AGREEI�^fiT is in conflict with such legislation, the � latter shall prevail._ The parties, on written natice, agree to negotiate that par� in conflict so that it conforms to the statute as provided by Article 2b (SEVERt�ILITY�. _ 1 .. • � - ,..:_ . ._. . , . , . ,� . , . . . . .. ..�. ._ . ,. ._. .. N....,... . ._.�.....� .. s...�..., ...� M _ __. .., . � .. _. _ _�. � .... . ARTICLE II - RECOGNITIOV 2.1 The �iPLOYER recogniz�s the iJNION as the exclusive renresentive for collective bargaining purposes for al1 personnel having a.n employment status of r�gul.ar, probationary, provisional, tempora�y, and emerg�ncy employed in the classes of positions dzfined in 2.2 as certified by the Bureau of Mediation Services in accordanc° with Case No. 73-FR-�+78 A dated ApriZ 16, 1973- 2.2 The classes of pos?tions recogaized as being exclusi�ely represe:�ted by the UNION are as lis�t�d in A�apendix A. - 2 _ 1 , . ARTIC7�E III - �i?PIAYER RZGHTS �.1 The EMPIAY.ER retains the right to aperate and �anage all manpo�rer, facilities, and equipm�nt; to establish flanctions and programs; to set and nmend budgets; to determine the utilization of tschnology; to establish and modif� the organi�atioaal stz-eicture; to select, direct, and determine the number of personnel: and to perform any inherent -managerial fUnction not specific$Ily limited � by this AG�...PiENT. 3.2 Any "ter,a or condition of eraployment" not established by this AGR�-�:;T shall remain with the F�iPZOYER to elininate, modify, or estabZish foZlo-•ring written notification to the UiYION. _ 3 _ _ . � a�rrc� zv - tr�orr xzcx�s u,I. 2'he E�`�iPIAYER shall deduct from the wages of employees �rho nuthorize such a deduct�on in writing an amount necessary to cover monthly U3�ION dues. Such monies deducted shall be remitted as directed by • the UNION. �+.11 Ttie E'�•iPIAYER shall not deduct dues from the wages oP e.�ployees covered by this AGR�P�Z�T for any other iabor organization, � �+,12 The ITh'IOY shaZl indemniff and save har�sless the EMPIA�R from any and all claias or charges made against the EM�'IAY� as a result of the iTaplem��tation of this ARTICI�E. �t.2 The UITIOiZ may designate or.e (3,) e�ployee froia the bargazr.i.ng unit to act as a Stetirard and shall inform the EMPIAYER in writing of such designation. Such er�p2oyee shall have the rights and responsibi2ities as designated in Article 23 (GRIEVA2iCE P�dCIDURE). �,3 Upon notification to a designated EMPL07�R supervisor, the Business Manager of the UI`�ION, or his designated representative shall be � permitted to enter the facilities of the E;�PLQY�"tt where e�Ioyees covered by this .AGREEI�iQ'T are working. . ^ � e � ARTICLE V - SCOFi OF THE AGKE..'���T 5,1 This AGR_.�'":�:Yr establishes the "tez�ts and conditions o� e�ployment" defined by M,S. 179.63, Subd. 18 for all en:ployees exclusive�y represented by the LRTI02l. This AGR:�.""'b�I:T shall st.�percede such "terms and conditions of e�ployment" established by Civil Service Rule, Council. Ordi.tance, and Council Resolution. _ 5 ° . . . . . � ARTFCLE VI - PROBATIOItARY P£RIODS 6.I All personnel, original�y hired or rehired following separation, in ' a regula� erroloyczent stetus sha11 serve a six (6) r�onth's probat�onary period durir.g Which ti.:.e the e.,*�ployee's fitness and abiZity to perfor.n the class o� positions' duties and responsibilities shall be evaluated, 6.11 At any time during the probati:onary period an employee May be terminated at the discretion of the EMPIAYER without appeal to the pz^avisions of Article 23 (GRI�VAiyCE P�QCEDURE}. _ 6.12 An e�pZoyee te�inated dux-ing the probatiorary period shall recezve a written notice of the reason(s� for � such te::aination, a copy of which s�all be sent to the tTNI02t. � - 6.2 AIZ persor.nel prcaoted to a higher c2ass of posi'tions shall serve a - - - six (6) months' prc�otional probationary peric�d duri.ng ;ahich time � the employee's fitness and $bility to perfor� tre class of positions` duties and responsibilities shall be evaluated. ' 6.2Z At any tine during the promotional prcbationary period an employee may be demoted to the employee's . previous]y held class of positions �t the dzscretion of the E2�1'I;OY�t sri.thout appeal to the pzrovisions oP Article 23 (GRIEVAI�:CE PR�C"DURE�. . 6.22 .An easployee d�aoted during th� promotienal _ probationary period shall be returned to th� employee' s previously held class of positions and shall receive a written notice of the re�sons for deafot3an, a cop� of which shail b� sent to the UfYION. � _ 6 .. . . pRTICT.�E VII - PftIIASOPHY OF ��IAYN�l'tT APTD Ctx•iPENSATION ' 7.1 The EMpLpYER and the L1;�T0;� are in flzll agr�ement that th� . philosop�►y of employmen* and con;pensation shall be a "cash" haurly wage snd "industry" fringe benefit syst�a. 7,2 The EMPIA7�R shall co�rpensate emplayees for aII. hours worked _ at the basic hourly w�ge rate and hourly fringe benefit rate as found in Articles 12� (WAGES� and 13 (FRI�TGE 8E=��'TTS)• 7,3 No other compensation or fringe benefit shall be aceu�rulated or earned by an earpioyee except as specifically provided gor in this AGRE���iT; except those employees who have individuslly optioned to be "grandfathered" as provided by 12.2. 47b - _ . � . .:1Z'a±C� t'iIi � _ =`i.�� OF �•�C?.ii . 8.� 'T:�e norr:al. �:o:k ��y� shal� ba ei�h� {8� consec:i�i�;e h;��,:.,�s per dey, exclud:�r.� a thirty (30} �:�.:�utc �:i:�ai� I•,?�:ch pericd, Ue�;�een 7:G�.s �.�,. �na 5:3o p.�. . 8.2 �:ne narnal wo:-k week shaL be iive (5} cons��u�ive nor�a2 �rark days b�ondaf �h�co��:i x'-ri�ay. " � $.3 If, Curing the �erm of �r.is ku`'�.��.�+ , iL �s nec�ssa�• in the Et�PIA�R`S jud�e,�� to es��bl�sh second and tinird sh�fts or a �rork week oY oth�r than i•'.onc:ay �nrou;h �`ra.day, the L':�ZO;•; agr�es to ente_r into negotiat�o:�s ir.�:e�i�t�l� to establisn ine cor_ditions of such shifts and�o: worY, weeks. � . ' $.�-'+ � �l11S 58C v7.OT2 SiiB�� I:O� �'i° CO:IS�i�1�G�. 3S� 3ilCZ 1S s^.O V a �aran�ee of, any hot.u�� o; work ��r nor,al ��or1, day or per nos�:ai wor=: .;e�:�s. $,5 r'Lll. �x►plc�ees sha?? be zt the ZacaLion desigr:atn� ��,- ti�e�: suTervisor, . -- ready ior work, at thz est�bl�shz�'�. s'ca��;n�; t�e an� sh�.�? r�a=n - - - -- ---- - _ at �?n assign�d kork location u:^.ti? thz �n� of t�e es�abl.i,s:ed �or: • da, un3ess o�hexw,�se �i�ected by thei_ supervisor. S.6 All e�ployees �re su�ject to call-hac� hy -4.� k�S'LOt^R as p:ovidzd ���f r�T'�1C1� :_d f Cr�u �.�4i{�. ; $.7 �playees reportin� for wcrk at vhe �stab'ish�d s�a��i::� �i�e a:�d � . i O7.^ S1tilOII no �o��S 1S 8Y11�E�.�.��.� sna2?. rec��ti° �78 f i 02' �?�Q �%j �'iCLl?'S� at �hz basic r.our?y rat�, u.n?ess .a�if�c�tz�n has be�� giv?:� r:o� . t0 T't.�UT� :F02' NOT''�t PY'�0Y' �O Z�c3S'7.P� i?O."'��y 07C' �L:2'2Ii� �!'.� �T�Y%0�..13 ��or3 day. - -. F � � ARTICLE IX - OVERTIt� ' . 9,I All ov�rtime co�pensated for by the II�LOYER must receive prior authorizstion from a designated EbiPIAY�t supervisor. No overtime wrork clsim �rill, be honored for paynent or credit unless approved in advance, An overt�me cleim wil1. not be honorec3, even though shoxn on the time card, unless the required advance approval has been . obtained. ' 9,2 The overtime rate of one and one-half (12} the basic hQUrly rate shall be paid for work perforraed under the fo11oT►ring circu�stances; 9.21 Ti.me worked in excess of eight (8� hoezx-s in any one nor�tal work day and 9,22 Time worked on a sixth (6th) day fallowing a norm�i Saork week, 9•3 The overtime rate of t�tao (2� tines tbe basic hourly rate sha31 be psid for work perforII:ed under ��e following circ•.�stances; 9•31 Time worked on a holiday as defined in Article 16 (H07�IDAYS); . -- - -- ----- - 9,32 Time worked on a seventh (7�h� day follo.ring s normal srork week; and 9•33 Time worked in excess of twelve (12� consecutive hours � in s twenty-four (2�;� hour period, provided, that all � "emergency" worl; required by "Acts of God" shall be . comperisated at the rate of one and one-half (12�. 9.�+ For the purposes of celculati.ng overti�e conrpensation overtime hours rrorked shall not be "pyramided", co�spound�d, ar gaid t�ri.ee for th� s�me hours �aorked. . � � 9•5 Overtime hours worked as provided by this ARTICI.�E shall be paid in ct�sh. � _ 9 _ � _ • T..r( �t� ( t) ARTICLE X - C.1�I�L HAC'�C 10.1 The �..'"�iPIAYER retains the right to cgll back e�rployees befoxe 8n eruployee has started a nor�a]. work day or nor�al work �ee'�c and after an empZoyee has cor�pleted a normal woxk day or normal wark �eek. . Zp,2 Eazployees called back shall receive a minim� of Four (�) hours pay at the basic hourly rate. 10.3 The hours worked based on s calZ-back shall.be compensat�d in � accordance with Article 9 (0`IERTIZ�), when applicable, and subject . to the minimua established by 10.2 abov�e. . 10.�+ E�ployees called back four (4) hours or less prior to their normal work day shall co�plete the normal work day and be ccmpensated only �ar the overtime hours worked in accordance with Artic3e 9 (OVERTIME). • � - l0 .� ; _ �- . _ _,_.._.-. . _ _ ._ .._.. _.._ .._.., ._ . . . __ . _�.._ ARTICI�E XI - WOt2�' LOCa2I0N, RESIDy�JCY 11.1 F�lnployees shall report to wor� lacation as assigned by a designated EMPLOY�R super�visor. During the nox�sal work day emplo�ees may be assigned to other Work locations at the discretion of the �LOYE.�i. 11.2' F�aployees assigned to work Iocations duriag the narmal work day, other than their origi.nal assignment, and who are required to flirrtish their oxn transportation shaZl be compensated far mileag�. 11.3 All ne�r e�ployees appointed after �ay l, 1975, would be required to r�side in the City oP Saint Paul within one yaar oP their original appoizstment, and therea�-ter ��rould be required ta remain within. the City limits as long as th�y were eacployed by the City of Saint Pau2.. 11.�+ This residency require.asent shall apply to unclassified employees as well as classified employees. 11.5 App2icants for positions in the City of Saint Paul will not be required to be residents of' the City of Saint Paul. 11.6 F�rploy�es fail'� to meet the resid�ncy reqnirement will be subject to termination a.nd a hearing process s:zall be established to determine wh�ther the residency require�ent was met. ARTICLE XTI - WAGES 12.1 The basic hourly wage rates as established by Append•ix C shall be paid for all hours worked by an employee. 12.2 Employees who are covered by the fringe benefits listed below shall continue to be covered by such benefits. They shall be subject to all other provisions of the AGREEMENT, but shall not have hourly fringe . benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.21 Insurance benefits as established by City of Saint Paul Resolutions including life, hospital and health insurance for early retirees who have retired since May 15, 1978. In order to be eligible for the health bene£its under the early retiree provision, the employee must: 12.21.1 Be receiving benefits from a public employee - -- -- - retirement act at the time of retirement. 12.21.2 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 12.21.3 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 12.22 Sick Leave as established by Ordinance No. 3250, Section 35, Subdivision E. 12.23 Vacation as established by Ordinance No. 6446, Section 1, Subdivision F. 12.24 Nine (9) legal holidays as established by Ordinance No. 6446, Section 1, subdivision G. 12.25 Severance benefits as established by Ordinance No. I1490 with a maximum payment of $4,000. - 12 - pRTICLE XII - WAGES - continued 12.3 Regular employees not covered by the fYinge benefits listed in Article 12.2 shall be consi�ered, for the purposes of this AGRE�ifiiT, participating employe�s and shall be cam�nensated in accordance with Article 12.1 (WAGES) and have fringe benefit conLributions a:�d�or deductions m�de on their behalf as provided for by Article 13 (FRINGE BENF'.rITS). 12,4 Provisional, te�orary, �.nd emergency employees shall be considered, for the purposes of this AGR�fE'i3T, participating enployees and shall be cem- pensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and�or deductions made in their behalf as provided for by Article 13 (FRIt�GE B�lEFITS). 12.5 Al1 regular er�p�oyees employed after February 15, 1974, shall be considered, . _ .--__ __ for the purpose of this AG�II�.'N'£, participating employees and sha �e - - coBrpensated in accordance with Article 12.1 (WAGES) and have frir.ge benefit contributions and�or deductions rade on their behalf as provided aor by ArticZe 13 {F'RIl�TG�. B�tEFITS). ' , _ �3 _ ARTiCLE X2II - FRINGE BEr�FI'TS . . I3.I The EMPLOYER shal3 �ake contributions on behal� of andfor ma�e deductions frota the wages of e�ployees covered by this AGRE�b�NT in accordance w:i.th Appendix D for all hours warked. � - 1� - . " ARTICLE XIV - SEI.�CTIO`T OF FORE�'�AN ArYD G��E�1L F0�1�1 14.1 The s�lection of p�rsonnel for th� claas of position Carpen+.er Foreman shall re�ain solely irith tnz �iPL0Y��2. 14.2 The cZass of position Car�enter Foreman shaLl be filled by employees of the bargaini;� unit on a "temcporary assi�er.t". . 14.3 Al1 "temporary assignments" shall be made only in cases where the class :�of posi�ions is vacant for more than one (1) normal work day. � _ �5 _ A.�TTCLE XV - RETZREb�NT � 15•1 AI1 employees shall retire from employment with the EMPL(?YER no Iat�r than the Zast calendar day of the month in which an emp2oyee becomes sixty-five (b5� years old. w 1� q. J. ARTICLE XVI - HOLIDAYS I6.1 The following nine (9) days shall be designated as holidays: New Year's Day, January 1 President's Day, Third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labar Day, first Monday in September Columbus Day, second Monday in October Veteran's Day, November 11 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 16.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 16:3 The nine (9) holidays shall be considered non-work days. 16.4 If, in the judgment of the EMPLOYER, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 10 (CALL BACK) . 16.5 Employees working on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 16.6 In the case of Board of Education employees, if President's Day, Columbus Day or Veteran5' Day fall 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 a day on which school is not in session and shall be determined by agreement between the employee and his supervisor. - 17 - ;'_'... . .� . . . � . . ARTICL:. XYII - DISCIPLI2�RY P�O�EDU�ES 17.1 The EMPZAYER shall have the right to i�pose disciplinary actions on ea�ployess for 3ust cause. 17.2 Disciplinary actions by the �LOYER shall include only the follozri.ng actions; 17,21 Oral reprimand 17.22 Wri.tten repriaand 17,23 Suspension _ 17.2� Demotion 17.25 ITischarge , 17.3 F�aployees Who are suspended, deaoted, or dis�harged shall have the right to request that such actions be revie�red by the Civi.l Servi.ce Co�:►ission or a designsted Bo�rd of Review. The Civil Service _ . _ _ - . - - Co�aission, or a designated Board of Review, sha11 be the sole arid � --- �---- exclusive mear_s of re�rie�ing a suspension, demotion, or dischai-ge. No appeal of a susvension, de�ction, or discharge �ha1Z be considered . a "grievance" for the purpose of processing through the provisions of Article 23 (GBIEVA.2�'CE PROG'c-.DURL)- - - l8 � . !, . ARTICLE XVIII - ABSE�VCES FP.CM WOR� 18.I �cployees who are unable to report for their nonual xork day have the responsibil3.ty to ziotify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 18.2 Failure to make such noti�ication r�ay be grounds for disciplzne • as provided in Az-ticie 17 (DISC�PI,I�'�RY PROG'IDURES), 18.3 Failure to report for work witho�,:t notification for three (3� - consecutive nornal xork days r�ay be considered a "quit� by the IIdPIAYER on tne part of the er�ploye�. - 29 - � � A�RTICLE XIX - SEtiIORITY - 2'7���� 19.I Seniority, for the purposes of this AGREEMENT, shall be definect as follows: 19.11 "rlaster Seniority" - the length of continuous regular and probationary service with the EiIPLOYER from the last date of empZoyment in any and all class titles covered by this AGREEriENT. 19.12 "Class Seniority" - the length of continuous regular and probatzonary service with the EMPLOYER from the date an employee was first appoi.nted to a class title covered by this AGREErIENT. 19.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a Ieave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an emploqee to accept an appointment to the unclassified service of the E�LOYER or to an elected or appointed � -- full-time position �aith the UNION. -- - ---°- _--- - 19.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 19.4 In the event it is determined 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." 19.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", subject to the approval of the EriPLOYER. - 20 - ARTICLE XX -- JURISDICTIOY 20,1 Disput+es concerning work jurisdiction between and among unions is recognized ss an appropriate sub�ect for deter�ination by the var�.ous un.ions representing e:aployees of the ��PLOYER. 20.2 Th� F�iPLO`�R agrees to be guided in the assignme:it of work juris3iction by any mutus�. agreements between the unions involved. 20,3 In the event of a dispute cancerning the performanca or assignment of work, the unions invoZved and the E:�iPLOYER shall meet as soon as mutua23y possible to resolve the dispute. 2�othing in the foregoing sh�ll restrict the right of the EMPLOYE'ti to acco�lish the work as originally assigned pending resolution of the dispute or to restrict the EMPLOir."x�'s basic _ right to assign work, 20,� Any employee ref�sing to perforra work essigned by the F��'IAYER and as clarified by Sections 20.2 and 20.3 above shaZl be subject to disciplinary action as provided in Article 17 (DISCIPLIT�ARY PROCIDURES}. 20.5 There sha21 be no work stappage, sloW do�n, or any disruption of work resulting from a work assigna�ent. _ 21 - ; . _._. _ - ,._.. ..._. _ _.� . ...__ , __ . .. __. .. _. . ARTICLE XXI - SEPA.R.ATZOiY 21.1 �pZoyees h�ving n p:-ob_ationary or regu2ar ei,�ployment status shall be considered separated from e�ployment based on the follouing actions: � 21.1I. Resi�nation. E�ployees resigning iro� e�rployment shall give written notice fourteen (14� calei�dar � days prior to the effective date o� the resignatian. 21,12 Retirement. As provided in Article 15, 21.13 17ischar�e. .As provided in Article 17. 21,1�► Pailure to Retiort for Dutv. Aa provided in Article 18, 21.2 E�ployees havi.ng an emergen^y, te�orary, or provision�l e�ployment � status may be terminated at the discretion of the �iPLOYER before the co�pletion of a normal work day, � . - 22 - � ARTICLE XXII -- TOOLS � 22.1 AII eraployees shall personally �rovide ther.�selves with the tools of the trade as listed in Appendix �3,. � ARTICLE XXIII - G2IEVA,qC�.' PROCEDUc�E �3,], The EMPLOYEB shall recognize Ste�rards selected irc accordance xith LTtaIaN rules and reguletions as the grievance representativ�. of the bargainirtg unit, The LI�dIOit shall notify the EMPLOYzR in Kriting of the na�ces of the Stetirards and o� their successors Khen so named, 23,2 It is reco�ized and accepted by the B•iPIAYER and the IF�iION that the processing of grievances as hereinafter pro:�ided is Limited by the �ob dut�es ar.d respansibilzties of the enrplayees and sh�ll therefore bc � accoarplished during workin� hours an7.;�r when consistent with such _ employee duties and responsibilities. The Steward involved and a gri.evi.�2g ercployee snall su�ier no loss in pay w�en a grievance is pro- cessed during �-orking hours, provided, the Sfeward and the e...*-ployee have notified and recei•red the agproval of their supervisor to be absent to process a grievance and that such absence would not be detrimental. ta the work progrsas of the EhiPLC3YER. . �3•3 �'he pFflcedure estab?ished by this ARTICI£ shall be the sole and exclusive procedure, except for the agpeal of disciplinary actio:� as provided by 17.3, for the processing of grievances, xhich are defined as an alleged violation of the terms and conditions of this AG��NT. 23.�+ Grievances shall be resolved in confar�ance with the following proceduxe: Stev I, ttpon the occurence of an alle�ed violation o� this AGR�'.1�.'r, the eaployee involved sha1Z atteatpt to � resalve the matter on an infor�al basis Xith thc e 2k m � ' � Ax"rzcL� �I - ��vAr�c� P�oc�[r� (cor�rlr{�} �-, . �, 2. ��'� r� employee's supervisor. TP the matter is nnt resolved to the employee` s setisfaction by the infonnal discussion it msy be reduced to �rriting ttnd referred to Step 2 by the UPTION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the slleged section(s} of the AG�MEI�'T v�-olated , and the relief requested. Any a?1.eged viola�ion oP the AGI�EMEh'T not reduced to writing by the tR1I0N within - seven (7) calendar days of the first occurrence oP the event givi.n� rise to the grievance or within the use af reasonable c3iliger.ce should ha�e had knouledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. �Tithin seven (7} calendar days after receiving the _ _ __ _- -- - .. written grievance a designated Ebff'ZOYER supervisor shall � meet with the Ui1I0N Steward and atte�t to resolve the grievance. If, as a resn2t of this meetin�� the grievance remains unresolved, the E.'�iPLOYER shaLl reply in writing to the URIION w;thin three (3) calendsr days follawing this z�eeting. The U3`TIO2J rsay refer the grievance in �rz�iting to Step 3 within seven (7} calendar days following recei.pt of the Et�LC3YER's written ar.sw�r. Any grievance not referxed in rrriting by the UrJIOPt within sev�n (7� calendar days following receipt of the E2�'IAY"r._R'S answer shall be considered �raived. � _ 25 _ , � . � ARTICLE XXIII - GR�VANC:: PRdCEDURE (COivTIP'tJED� . Ste�p 3, Within seven (7� calenciar days following receipt of a grievance referred frozn Step 2 a desi�nated �pLOYER . supervisor shall. meet With the LTrJIdi7 Business 2�tanager _ or his designated representativ� and atte�pt to resolve the �rievance, Within seven (7� calender days folloxing - this meeting the E2�'IAYER shall reply in �ariti�g to the UNZOY stating �he ��fE'IAYER'S ansaer concerning the grievance. If, as a result of the written response the grievance remains unresolve@, the UNION may refer the grievance to Step 4. Any gr3erance not referred ta in writing by the UPIIO�t ta Step � within seven (7� calendar days following receipt of the E2��IA`IER'S answer sh�ll be considered weived. Step �+. If the grievance rer�ains unresolved, the UNIO�t �ay • �rithin seven (7} cslendar days after the response o� t:�e E��'IAYER in 5tep 3, by written notice to the F�I*fPIAYER, request arbitration of the grievance, The erbitration proceedings shall be conducted by an - arbitrator to be select�d by rautual agree�ent oP the Et�IPIAYE.R and the UNIOIl within seven (7� calendar ' . days after notice has been given. If the partizs � fail to r.�utually egree upan an arbitrator within -the said seven (7) day peri.od, either party may request the Public �plo,�ment Re].ation Boaxd to sub-nit a e � 4 : � _. ..... . _. ., . ....__ ._.__. ARTICI�E XXIII - GR�VANCE PROCEDURE (CONTINUED� panel of f3.ve (5) arbitrz�tors. Both the EMPLOYr'�t � t►nd the UYION shall have the right to strike t�.ro (2� na�es fram the paneZ. The LFNION shall stri�e the first (lst) name; the EMPLOY�t shall then strike one (I) naae. The process will be repested and the remaining persan shall be the arbitrator. 23,5 The arbitrator shall have no right to emend, modif�r, nullify, ignore, add to, or subtract from the provisions of this AGR��NT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EbiPLDYEB and the UNION and shall have no aut:�ority to makQ a decision on any other issue not so submi.tted. �he srbitrator shall be without pa��rer to make deczsions - contrery to or inconsistent with or sodifying or varying �n any way --- - -- - the app2ica�ion of laws, nz.l.es, or regulations having the force end effect of law. The arbitrator's decision shall be subznittecl in writing witiii.n thirty (3) days fo2lowing cZose of the hearing or the submission of briefs by the parties, srhichever be later, unless the par-ties agree to an extension. Ttie decision shall be based soleZy on the erbitrator's intergretation or applicetion of th� express terns of this AGF�EEM"'�:T �nd to the fects of the grievenc�e presented. The decision of the arbitratar sha21 be final and binding on the EMPIAY�'Tt, the LTNION, and the e�cploy�e�s. - 27 �- . ARTICLE XXIII - GR�VAN� PROCEDUR� (COI�'TIr�3�D) 23,6 The fees 8nd e�enses f.or the arbitrator's services and proceedings shall be borne equal�.y by the E2�IAYE:t and the UISION, provic3ed that � each party shall be responsible for cc�zpensating its own representative - and xitnesses, I� either party desires a verbatim record of the proceedings, it r�ay cause suc'� a record to be made �roviding it pays ' for the record. _ 23,7 2'he.time limits in each step of this procedure may be exten8ed by mutual agree�.ent of the EMPIA� and the t1NI0N. � 6..:,. -. - ` : _. �. . .. .. _ � _ .,. ARTICLE XXIY - RIGHT Or SUBCO:+TRACT 24.1 The �IPIAYr.R maY, at any time during the duration of this - gG��2'T, contract our r�ork dor.e by the e�ployees covered by this AGRE�•�IrT. Tn the event that such contracting Would r�sult �n a reduction of the �rork force covered by this AGREF'..MEI�T, the EMPLOYER shall give the ilNIOiJ a ninety (90� calendar day notice of the intention to suh-contract. 2k,2 The sub-contracting of worY. done by tre erspZoyees covered by this AGR:'�?�itT shall in aZl cases be nade only �:o employers irho qua2ify in accord8nce with Ordinance Ido. 1�013. � � a � / _._... _,:._ .:._... _____-__....�. Ax�rzc� �ocv - r��ox-D�scz�r�Txon 2�.1 The tercns and conditzons of this AG�...I��NT will be applied to employees equally �rithout regerd to, or discri�cination for or against, ony individual because of race, color, creed, sex, age, or because of nemb ership or non-nembership in the UYIOY. 25.2 �ployees will perfozm thezr duties and responsibilities i.n a non-discriminatory rsanner as such duties and responsibilities involve other e�loyees and t�:e general public. e � e ARTICL� XX�II - S.�VERr'1�32LITY �r J�C �� / 2b.1 L� the event that any provision(s� of this AG�.'t�Pr'T is declnred to be contrary to lax by proper legis2ative, adrsinistrative, or 3udicial authority frva whose finding, determination, or decree no appea3 is taken, such provision(s� shall be voided. All other provisions shall c.�nti.r:ue in flzll force and effect. _ 2b,2 ihe parties agree to, upon Srritten notice, enter in�o negotiations to place the voided provisions of the AGI�.2�t� in co�:plinance . �r.i.th the legzslative, ad�inistrative, or judicial detexninatian. � � � � . _ .. . _ ---.._.._ . .. ._ . .,_ _._ .. _ . _ .. . �..__., .. . _ . ARTICLE XXVII - WAZYER 27.I The II�iPLOYER and the U1�IOY acknosrledge that during the meeting and negotiating which resulte3 in this AvRE�.�P+T, each :�ad the right and opportunity to make proposals with respect to any - sub�ect concernin� th� terms and conditions o�' e�loyment. The agreeaents and understandings reachec3 by the parties after the exercise of this right are flilly and co�pletel;r set forth in this AGREE���i�I'. � 27.2 T'nerefore, the EMPIAI'ER and tne U?dION for the duration of this . AG�t•��IT agree that th� other pary sY:all not be obligated to meet and negotiate over any term or conditions of enrployment Khether specifically covered ar not speci�ically covered by this AG�E2��NT. The UT�TOi�i end Et•�'Z,OYER may, however, mutually agree . to modify any provision of this AG�-^T�, -- -. . _. - ---- .. - 27,3 Any and aIl prior ordinances, agreements, resolutians, practices, policies, and rules or regulations regarding the terms and conditions of employnent, to the exten� they are inconsistent �rith this AG�•�i�'T, are hereby superseded. _ � d ti � A.RTICLE XXVIII - CITY MILE�.GE PIA.,�i 28.1 Autom.obi2e Rei�burse�ent Authorized: Ptzr�uant to Chap�er g2:� af the S�. Paul Legislative Code, as a.*�ended, pertaining to rei,uburse�e,�t of City officers and employees fo: tne use of their own au�o�obiies in the perfoszuence oi their duties, the following pro�risions are adopted. 28,2 Me�hod of Con:vutatian: To be eligible for such rei�iourse�e:zt all officers and e�rployees r�ust receive written authorization from t'ne Mayor. Reir�bursen�nt shaL be made in accor8ance �:ith one of the follo-�ri.ng plans: Typ° l. For those officers end employees �r'r:o are required to use their ofrn aute�robiles occasionaily for officiaZ Ci�cf busirless, rei:,�burUe�ent at tne rate of 13 cents for each mile dri.ven. Type 2. Fbr those officers and e:r.ployees who are � reouired to use tneir a-�m auto*cobiles on a re�ular basis en City buszness, rei:ri�urse..^�ent �t the rate of �2.50 for esch day o� work, And in addition thereto at the rate of 6.5 cents for each u,ile driven. 28.3 Rules and Re�ations: The 2�syor shall adopt rules and regulations governing the procec3ures for aut�mabile reimbursener,t, Which regtzlations and rules sha11 contain -Ehe requirement that recipients shall file daily reports indicating place of origin and destination and appZicable mileage . ratings thereat and indicating totel miles driven, and sha21 file rontht.v afPidavits statin� the nutaber o� days tiaorked and the nuyber of miles �riven, and flirther required that they maintain automobi2e lia'�ility insurance in amounts not less then �100,000/300,000 for persanal injur-,�, and �25,E�24 for property damage. These rules and regulations, together s�ith any amendments thereto, shall. be �aint�ined on fil.e xi�h the Ci�y CZerk. 28.�+ The provisions of this Article shall not opply to e:rrployees of Independent School 23istrict ?+o. 625. - 33 w � ARTICLE };Xy�zl-MILEAGE - INDEPEtiDENT SCNOOL DISTRICT ��625 r� Cr-��" " �, `�i, s � .� - 28.1 Employeea cf th� School District ur.der policy adopted by the :. Board of Education may be reimbursed for the use of their automobiles for sch�ol business. To be eligible for such reimbursement, employees must receive authorization from the District Mileage Committee utilizir.g one of the following plans: PLAN "A" is reimbursed at the rate of 15G per mile. In addition, a maximum amount which can b� paid per month is establish�d by an estimate furnished by the employee and the employee's supervisor. � Another consideration for establishing the � maximum amount can be the experience of another working in the same or similar positione Under this plan, it is necessary for the employee to keep a record of each trip made. PLAN "C" provides for reimbursement based on a per �._. month "lump sum" amount. This amount is determined by the employee's driving experience under Plan "A" for a period of 3 to 6 months. Those employees _ ___ receiving an auto allowance under this plan must report monthly the numb�r of days the car was avail- able during the month. A deduction must be made from the lump su�n amount for each day the employee is on vzcatione A deduction n2ed not be made for an occasional day of illness or for holidayo � - 33 - ARTICLE XXIX - DURATI��N AND PLEDGE 29.1 This AGREEMENT shall become effective as of the date of signing, except as specifically provided otherwise in Articles 12 and 13, and shall remain in effect through the 30th day of April, 1979, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 29.2. 29.2 If either party desires to terncinate or modify this AGREEMENT, effective as of the date of expiration, the party wishing to modify or terminate the AGREEMENT shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided, that the AGREEMENT may only be so terminated or modified effeetive as of the expiration date. i 29.3 In consideration of the terms and conditions of employment established by this AGREEMENT and the recognition that the GRIEVANCE PROCEDURE herein established is the means by which grievances..concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the AGREEMENT: 29.31 The UNION and the employees will not engage in, instigate, or condona any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment. - 34 - ARTICLE XXIX - DURATION AND PLEDGE (continued) 29.32 The �rfPLOYER will not engage in, instigate, or condone any lock-out of employees. - 29.33 This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City, and is also subject to ratification by the UNION. AGREED to this 27th day of June , 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: �,WIN CITY CARPENTERS' DISTRTCT COUNCIL OF UNITED BROTHERHOOD OF CARPENTERS - -- - -- - CITY OF SAINT PAUL AND JOINERS OF AMERICA , . L bor Relations Di tor B ines rfanager Civil Service Commission - 35 - APPENDIX A The classes of position recognized by the EMPLOYER as being exclusively represented by the UNION are as follows: Carpenter-Foreman Carpenter Apprentice Senior Building Inspector Building Inspector znd other classes of positio.ns that ma.y be established by the EMPLOYER where the duties and responsibilities assigned comes within the jurisdiction of the UNION. - A1 - . APPENDIX C The basic hourly wage rate for provisional, regular and probationary employees appointed to the following classes of positions and not receiving the Fringe Senefits listed in ArticZe 12.2 shall be: Effective May 15,1978 Carpenter. . . . . . . . . . . . . . . . $lO.Ob Carpenter Foreman. . . . . . . . . . . . $10.88 Building Inspector . . . . . . . . . . . . $11.34 Senior Building Inspector. . . . . . . . $11.69 The basic hourly wage ra.te for temporary and emergency employees appointed to the following class of positions shall be: Effective May 15,1978 Carpenter. . . . . . . . . . . . . . . $10.46 Carpenter Foreman. . . . . . . . . . . . $11.31 Apprentice The basic hourly wage rate for regular employees appainted to the following class of positions who are receiv3ng the fringe benefits listed in Article 12.2 shall be: Effective r2ay 15,1978 Carpenter. . . . . . . . . . . . . . . . $ 9.67 Carpenter Foreman. . . . . . . . . . . $10.37 Building Inspector . . . . . . . . . . . $11.12 Senior Building Inspector. . . . . . . . $11.47 - C1 - APPENDIX D Effective May 15, 1978, the EMPLOXER shall: (1) contribute $ .50 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a UNION designated Health and Welfare Fund. (2) contribute $ .50 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 Pension Fund. (3) contribute $ .SO 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 AGREEME.NT, to a Vacation Fund. (4} contribute $ .15 per hour for all hours worked by pareicipating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a UNION designated Denta2 Fund. (5) contribute $ .02 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMEiVT, 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 Worlanan's Compensation and UnempZoyment Compensation programs as required by Minnesota Statutes. Participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, shall not be eligible for, governed by, or accumulate vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits rhat are or may be established by Personnel Rules, Council Ordinance, or Council Resolutions. - D1 - r APPENDZX D (continued) �F�,�f ) j� 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 forwarded contributions and/or. deductions. - D2 - po not detach this memarandum '�rom the resolution so that this info�mation viriN be c�t p�: �,�/1�75 avaitable ttl the City Couct�. : &ev. r "� .e�l76 . F�P�A�IT�DT. �F A�tT�T�s 7�"'IVB�QR�� : ` RF30 `, I S AF� O�A _ S: �� ����#r� f D�tat Jvly 6, 1978 _ �ECE � VE�D xo: �,yQR c�$ �ara�� , : JUL 1 81978 �R: �eseanaa2 0��'�laa �►�i�`i � �s Reeo].ntiott faac au�a�.saio� �,g Ci�y Cvum��.l , AGT�..���—S'.,-�._ _ We �eeaolmmteAd g4ttt appr�e7. �uc�,d attb�m�ssfox� o�. �h�.� R�avlut�c�A to �he Gi�y Coc�aci�.: - P lINJ3 T ; Ft� S ACTI4N s � This Resolution approves the Y978.Labor Agreem.ents betw�en the Cityr Df St. Paul, I.S.�;7. No. 625, and the United Bro�h.erhood of Carpenters asd l Joi�ers of �ri.erica, Twi.n City Carpenters District Council. , >�: � `1'� �Agreemeat calls for a 63� an hour i.ncrease in wages and 12� in frin,ges, . for a. �otal. package hourly increase of 75�. ' :A1sa iucluded is language which states tha� a School Board emplo�re� s�a�: work ou a min.or holiday when school is in session at a straY�ht �im� r�.�e. ' An.other day will. be granted as the holiday. _ . ���� . Resolut9.on, copy for the City Clerk, and 1978 Labor Agreements.