271578 WHITE - CiTV CLERK ������ .
PINK - FINANCE GITY OF SAINT PAUL Council t_
CANARV - DEPARTMENT FIIe NO.
BLUE - MAVOR
� - Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
An administrative Resolution approving the terms and
conditions of the 1978-1979 Maintenance Labor Agreements
between the City of St. Paul, I. S.D. No. 625, and the
Plumbers Local l�To. 34.
WHEREAS, the Council pursuant to the provisions of Section 12. 09 of the
St. Paul City Charter and the Public Employees Labor Relations Act of 1971,
as amended, recognizes the Plumbers Loca]. 34 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-527-A for the purpose of ineeting
and negotiating the terms and conditions of employment for personnel in the
classes of positions as set forth in the Agreements between the City, I. S.D.
No. 625, and the exclusive representatives hereinabove referenced; and
WHEREAS, the City, through designated representatives, and the exclu-
sive representatives have met in good faith and negotiated the terms and
conditions of employment for the period June 1, 1978, through May 31, 1980,
for such personnel as are set forth in the Agreements between the City of St.
Paul, Independent School District No. 625, and the exclusive representative s;
and
WHEREAS, 1978-1979 Agreements have been reached which include a
wage adjustment retroactive to June 1, 1978; now, tlierefore, be it
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COUNCILMEN
Yeas Nays Requested by Department of:
Butler In Favor
Hozza
Hunt
Levine _ __ Against BY
Maddox
Showalter
Tedesco Form Approved by City Attorney
Adopted by Council: Date
Certified Passed by Council Secretary BY
By
�lpproved by A�lavor: Date Approved by Mayor Eor Submission to Council
BY - – — BY
WHITE - C�TV CLERK F�
PINK - FINANCE G I TY O F SA I NT �PA U L Council � ����
CANARV - DEPARTMENT +� �
BLUE - MAYOR File NO•
♦
� - Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
- 2 -
RESOLVED, that the Maintenance Labor Agreements, cited above,
dated as of the effective date of this Resolution, between t,h.e City of St. Paul,
Independent School District No. 625, and the Plumbers Local 34, on file in
the office of the City Clerk, are hereby approved, and the authorized
administrative officials of the City are hereby authorized and directed to
execute said Agreements on behalf of the City.
Approved:
,
,
hairman
Civil Service Comm'ss'on
COUNCILME(V Requested by Department of:
Yeas Nays
Butler � PER ONNEL OF�E'ICE
Hozza In Favor ;
Hunt �.�
Levine _ � __ Against By ��?�t��� '� � -
Maddox
Showalter
TedesGo� AV� � ���� Form A rove y C' y t y
Adopted by Council: Date
•
Cert�f�ed Pass^,¢f�iy Cou �1 Secr�tary BY
App o by Mavor: te _��� � �� App d by Mayor for Su i s n to Council
w
sy _ B
PUBLISHED AUG 1 Z 197a
,'
�`�1.���
197s- (`�7`�
MAINTENANCE LABOR AGREEMENT
- between -
THE CITY OF SAINT PAUL -
- and -
_ UNITED ASSOCIATION
PLUMBERS LOCAL 34
1
' . e
.
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 Agreement 5
VI Probationary Periods (
VII Philosophy of Employmen.t and Compensation 7
VIII Hours of Work g
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 Forema.n 15
XV Retirement 16
XVI Aolidays ],7
XVII Disciplinary Procedures ig
XVIII Absences Fram 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-Aiscrimination 30
XXVI Severability 31
XXVII Waiver 32
XXVIII City Mileage Plan 33
XXIX Safety 34
XXX Legal Services 35
XXXI Duration and Pledge 36
Appendix A A1
Appendix B gl
Appendix C C1
Appendix D D1
Appendix E E1
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.�
P R E A M B L E
This AGREEMENT is enterec3 into on this 21s� day of June , 1978,
between the City of Saint Paul hereinafter referred to as the EMPLOYER and
the United Association Plumbers Local 34 hereinafter referred to as the UNIOI3.
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-mana.gement
cooperation.
The EMPLOYER and ti�e UNION both realize that this goal depends not
only on the words in the AGREEMENT but rather pra.marily 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.
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' ARTICLE I - PURPOSE
� 1.1 The EMPLOYER and the UNION agree that the purpose for entering into
this AGREEMENT is to:
1.11 Achieve orderly and peaceful relations, thereby
establishing a system of uninterrupted operations
and the highest level of employee performance that
is consistent with the safety and well-being of
all concerned;
1.12 Set forth rates of pay, hours of work, and other
conditions of employment as haye been agreed upon
by the EMPLOYER and the UNION;
1.13 Establish procedurea to orderly and peacefully
resolve disputes as to the application or inter-
pretation of this AGREEMENT without loss of
�, manpower productivity.
1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a
supplement to legislation that creates and directs the EMPLOYER. If
any part of this AGREEMENT is in conflict with such legislation, the
latter shall prevail. The parties, on written notice, agree to
negotiate that part in conflict so that it conforms to the statute
as provided by Article 26 (SEVERABILITY) .
�
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� ARTICLE II - RECOGNITION �'J����
� 2.1 The EMPLOYER recognizes the UNION as the exclusive representative
for collective bargaining purposes for all personnel having an
employment status of regular, probationary, provisional, temporary,
and emergency employed in the classes of positions defined in 2.2
as certified by the Bureau of Mediation Services in accordance with
� Case No. 73-PR-527-A dated May 11, 1973.
2.2 The classes of positions recognized as being exclusively represented
by the UNION are as listed in Appendix A.
�
�.
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_ _ _ _
� ARTICLE III - EMPLOYER RIGHTS
� 301 The EMPLOYER retains the right to operate and manage all manpower,
facilities, and equipment; to establish functions and programs;
to set and amend budgets; to determine the utilization of
technology; to establish and modify the organizational structure;
to select, direct, and determine the number of personnel; and to
perform any inherent managerial function not specifically limited
by this AGREEMENT.
3.2 Any "term or condition of employment" not established by this
AGREEMENT shall remain with the EMPLOYER to eliminate, modify, or
establish following written notification to the UNION.
�:
�
_ 3 _
; • !.,�l.�����
� ARTICLE IV - UNiON RIGHTS
� 401 The EMPLOYER shall dedu�t fro*u the wages of employees who authorize
such a deduction in writing an amount necessary to cover monthly
UNION dueso Such monies deducted shall be remitted as directed by
the UNION,
4.11 The EMPLOYER shall not deduct dues from the wages
of employees covered by this AGREEMENT for any ather
labor organizationo
4.12 The UNION shall indemnify and save harmless the
EMPLOYER from any and all claims or charges made
against the EMPLOYER as a result of the implementation
of this ARTICLE.
4.2 The UNION may designate one (1) employee from the bargaining unit to
act as a Steward and shall inform the EMPLOYER in writing of such
�
designationo Such employee shall have the rights and responsibilities
as designated in Article 23 (GRIEVANCE PROCEDURE) .
4.3 Upon notification to a designated EMPLOYER supervisor, the Business
Manager of the UNION, or his designated representative shall be
permitted to enter the facilities of the EMPLOYER where employses
covered by thi� AGREEMENT are woz�kingo
�
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....,.....,.,,,. . ...... . . .. ...i..... ._ .. .._- . .__. . :.�. .. .. ._.._. . .... .... . .. .. ... . . . ._ :,... .... .... .. .. ..:..... . .
� ARTICLE V - SCOPE OF THE AGREEMENT
�� 5e1 This AGREEMENT established the "terms and conditions of employment"
def ined by M.S. 179063, Subd. 18 for all employees exclusively
represented by the UNIONo This AGREEMENT shall supercede such
"terms and conditions of employment" established by Civil Service
Rule, Council Ordinance, and Council Resolution.
�
�:
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' ARTICLE VI - PROBATIONARY PERIODS
�:.
6.1 All personnel, originally hired or rehired following separation, in
a regular employment status shall serve a six (6) month's probationary
period during which time the employee's fitness and ability to perform
the class of positions' duties and responsibilities shalZ be evaluated.
6.11 At any time during the probationary period an employee
may be terminated at the discretion of the EMPLOYER
without appeal to the provisions of Article 23
(GRIEVANCE PROCEDURE).
6.12 An employee terminated during the probationary period
shall receive a written notice of the reason(s) for
such termination, a copy of which shall be sent to
the UNION.
6.2 Al1 personnel promoted to a higher class of positions shall serve a six
�.
(6) months` promotional probationary period during which time the employe�'s
fitness and ability to perform the class of positions' duties and respansi-
bilities shall be evaluated.
6.21 At any time during the promotional probationary period
an employee may be demoted to the employee's previously
held class of positions at the discretion of the
EMPLOYER without appeal to the provisions of Article 23
(GRIEVANCE PROCEDURE) .
6.22 An employee demoted during the promotional probationary
period shall. be returned to the employee's previously
held class of positions and shall receive a written
notice of the reasons for demotion, a copy of which
� shall be sent to the UNION.
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ARTICLE VII - PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
, � 7.1 The EMPLOYER and the UNION are in full agreement that the philosophy
of employment and �ompensation sha11 be a "cash" hourly wage and
"industry" fringe benef it system.
7.2 The EMPLOYER shall compensate employees for all hours worked at the
basic hourly wage rate and hourly fringe benefit rate as found in
Articles 12 (WAGES) and 13 (FRINGE BENEFITS).
7.3 No other compensation or fringe benefit shall be accumulated or
earned by an employee except as specifically provided for in this
AGREEMENT; except those employees who have individually optianed
to be "grandfathered" as provided by 12.2.
�
�
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• ARTICLE VIII - HOURS OF WORK
8�1 The normal w�rk day shall be eight (8) consecutive hours per day,
excluding a thirty (30) minute unpaid lunch period, between 7:00 a.mo
and 5:30 pam.
8.2 The normal work week shall be five (5) consecutive normal work days
Monday through Fridayo
803 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER'S
�udgment to establish second and third shifts or a work week of other
than Monday through Friday, the UNION agreea to enter into negotiations
immediately to establish the conditions of such shifts and/or work weeics.
8.4 This section shall not be construed as, and is not a guarantee of, any
hours of work per normal work day or per normal work week.
� 8.5 All employees shall be at the location designated by their supervisor,
ready for work, at the established starting time and shall remain at an - --- -- �-- --
assigned work location until, the end of the established work day unless
otherwi$e directed by their supervisore
8a6 All employees are subject to call-back by the EMPLOYER as provided by
Article 10 (CALL BACK)a
8.7 Employees rEporting for work at the established starting time and f�r
whom n� �aork is a�;a�lable shall receive pay for two (2) hours, at the
basic hou�ly rate, unless not�fication has been given not to report for
work ps°ior �o leaving home, or during the previous work dayo
�
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� ARTICLE IX - OVERTIME ������
� 9.1 Time on the payroll in excess of the normal hours set forth above
shall be "overitme work" and sha11 be done only by order of the
head of the department. An employee shall be recompensed for work
done in excess of the normal hours by being granted compensatory
time on a time-and-one-half basis or by being paid on a time-and-
one-half basis for such overtime work. The basis on which such
overtime shall be paid shall be determined solely by the EMPLOYER.
9.2 The rate of one and one-half (1 1/2) the basic hourly rate shall be the
overtime rate for work performed under the following circumstances:
9.21 Time worked in excess of eight (8) hours in
any one normal work day and;
9.22 Time worked on a sixth (6th) day following a
normal work week.
f � 9.3 The rate of two (2) times the basic hourly rate shall be the overtime
rate for work performed under the following circumstances: - � - -
9.31 Time worked on a holiday as defined in
Article 16 - (HOLIDAYS) ;
9.32 Time worked on a seventh (7th) day following
a normal work week; and
9.33 Time worked in excess of twelve (12) consecutive
hours in a twenty-four (24) hour period, provided,
that all "emergency" work required by "Acts of God"
sha11 be compensated at the rate of one and one-half (1 1/2) .
9.4 For the purpose of calculating overtime compensation overtime hours
worked shall not be "pyramided", compounded, or paid twice for the
same hours worked.
�.
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� ARTICLE X - CALL BACK
10.1 The EMPLOYER retains the right to call back employees before an
�
employee has started a normal work day or normal work week and
a�ter an employee has completed a normal work day or normal work
week.
10.2 Employees called back shall receive a minimum of four (4) hours
pay at the basic hourZy rate.
10.3 The hours worked based on a call-back shall be compensated in
accordance with Article 9 (OVERTIME) , when applicable, and subject
to the minimum established by 10.2 above.
10.4 Employees called back four (4) hours or less prior to their normal
work day shall complete the normal work day and be compensated only
for the overtime hours worked in accordance with Article 9 (OVERTIME) .
�
�
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' ARTICLE XI - WORK LOCATION, RESIDENCY
� 11.1 Employees shall report to work location as assigned by a designated
EMPLOYER supervisor. During the normal work day employees may be
assigned to other work locations at the discretion of the EMPLOYER.
11..2 Employees assigned to work locations during the normal work day,
other than their original assignment, and who are required to furnish
their own transportation shall be compensated for mileage.
11.3 All new employees appointed after January 1, 1976, would be required
to reside in the City of Saint Paul within one year of their original
appoiatment, and thereafter would be required to remain within the
City limits as long as they were employed by the City of Saint Paul.
11.4 This residency requirement shall apply to unclassified employees as
,. � well as classified employees.
11.5 Applicants for positions in the City of Saint Paul will not be required -- -- -- -
to be residents of the City of Saint Paul.
11.6 Employees failing to meet the residency requirement will be subject
to termination and a hearing process shall be established to determine
whether the residency requirement was met.
�
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ARTICLE XII - WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be
paid for all hours worked by an employee.
12.2 Employees who are covered by the fringe benefits listed below shall
continue to be covered by such benefits. They shall be subject to all
other provisions of the AGREEMENT, but shall not have hourly fringe
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.
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.
6445, Section 1, Subdivision G.
12.25 Severance benefits as established by Ordinance No. 1149Q
with a maxi.mum payment of $4,000.
12.26 The F�9.'LOYER will for the period of this AGREEMENT provide for
employees working under the titles as listed in Appendix A
who retire after the time of execution of this AGREEMENT or
who have retired since September 1, 1974, and until such
employees reach sixty-five (65) years of age such life,
hospital and medical insurance benefits as are provided by
the EMPLOYER.
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ARTICLE XIT - WAGES (continued)
12.27 In order to be eligible for the benefits under the provision
of 12.26 the employee must:
12.27.1 Be receiving benefits from a public employee
retiree act at the time of retirement.
12.27.2 Have severed his relationship with the City
of Saint Paul under one of the early retiree
plans.
12.27.3 Inform the Personnel Office of the City of
Saint Paul in writing within 60 days of
emplayee's ea.rly retirement date that he or
she wishes to be eligible for early retiree
insurance benefits.
12.3 Regular employees not covered by the fringe benefits listed in Article
12.2 shall be considered, for the gurpases of this AGREEMENT, partic�pating
employees and shall be compensated in accordance with Article 12.1 (WAGES)
and have fringe benefit contributions and/or deductions made on their behalf
as provided for by Article 13 (FRINGE BENEFITS) .
_. -- -- - __
12.4 Provisional, temporary, and emergency employees shall be considered, for the
purposes of this AGREEMENT, participating employees and shall be compensated
in accordance with Article 12.1 (WAGES) and have fringe benefit contributions
and/or deductions made in their behalf as provided for by Article 13 (FRINGE
BENEFITS) .
12.5 All regular employees employed after February 15, 1974, shall be considered,
for the purpose of this AGREEMENT, participating employees and shall be
compensated in accordance with Article 12.1 (WAGES) and have fringe benefit
contributions and/or deductions made on their behalf as provided for by
Article 13 (FRINGE BENEFITS) .
12.6 The provision of Article 12.5 shall not applq to employees working under
the title of Water Meter Serviceman.
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ARTICLE XIII - FRINGE BENEFITS �� �
� 2 ��c) ��
�' 13.1 The EMPLOYER shall make contributions on behalf of and/or make
deductions from the wages of employees covered by this AGREEMENT
in accordance with Appendix D for all hours worked.
�
�.
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ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN
�+ 14.1 The selection of personnel for the class of position Plumber
Foreman shall remain solely with the EMPLOYER.
14.2 The class of position Plumber Foreman shall be filled by employees
of the bargaini.ng unit on a "temporary assignment".
14.3 All "temporary assignments" shall be made only at the direction of a
desigaated 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.
�
�,
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� ARTICI,E XV - RETIREMENT
� 15.1 All employees shall retire from employment with the EMPLOYER no
later than the last calendar day of the month in which an employee
becomes sixty-five (b5) years old.
�
�
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� ARTZCLE XVI - HOLIDAYS
� 16.� The following nine (9) days shall be designated as holidays:
New Year's Day, January 1
President's Day, Third Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
+ Labor Day, first Monday in September
Columbus Day, second Monday in October
Veteran's Day, November 11
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.
i
`
When any of these three (3) holidays falls on a Saturday, the preceding
I Friday shall be considered the designated holiday.
t 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
�k.
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 Presidents' Day,
Columbus Day, or Veterans' 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 holidaye 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.
�.
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' ARTICLE XVII - DISCIPLINARY PROCEDURES
�~ 17.1 The EMPLOYER shall have the right to impose disciplinary actions on
employees for just cause.
17.2 Disciplinary actions by the EMPLOYER shall include only the following
actions:
17.27. Oral reprimand.
17.22 Written reprimand.
17.23 Suspension.
17.24 Demotion.
17.25 Discharge.
17.3 Employees who are suspended, demoted, or discharged shall have the
right to request that such actions be reviewed by the Civil Service
Commission or a designated Board of Review. The Civil Service Commission,
� or a designated Board of Review, shali be the sole and exclusive means
of reviewing a susgension, demotion, or discharge. No appeal of a - --- ---- --
suspensian, demotion, or discharge shall be considered a "grievance"
for the purpose of processing through the provisions of Article 23
(GRIEVANCE PROCEDURE) .
�.
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ARTICLE XX - JURISDICTION
�^ 20.1 Disputes concerning work jurisdiction between and among unions is
recognized as an appropriate subject to determination by the various
unions representing employees of the EMPLOYER.
20.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction
by any mutual agreements between the unions involved.
20.3 In the event of a dispute concerning thE performance or assignment of
work, the unions involved and the EMPLOYER shall meet as soon as mutually
possible to resolve the dispute. Nothing in the foregoing shall restrict
the right of the EMPLOYER 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
clarified by Sections 20.2 and 20.3 above shall be subject to disciplinary
action as provided in Article 17 (DISCIPLINARY PROCEDURES) .
20.5 There shall be no work stoppage, slow down, or any disruption of work
resulting from a work assignment.
�:.
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� ARTICLE XXI - SEPARATION .
� 21.1 Employees having a probationary or regular employment status shall
be considered separated from employment based on the following
actions: .
21.11 Resignationo Employees resigning from employment
shall give written notice fourteen (14) calendar
days prior to the effective date of the resignation.
21.12 Retirement. As provided in Article 15.
21.13 Discharge. As provided in Article 17.
21.14 Failure to Report for Dutyv As provided in Article 18.
21.2 Employees having an emergency, temporary, or provisional employment
status may be terminated at the discretion of the EMPLOYER before the
completion of a normal work day.
�
.
�.
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� ARTICLE XXII - TOOLS ^�'~������
� 22.I All employees shall personally provid� themselves with the tools
of the trade as listed in Appendix B.
�_
�,.
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� ARTICLE XXIII - GRIEVAI3CE PROCEDURE
�. 23.1 The EMPLOYER shall recognize Stewards selected in accordance with UNION
rules and regulations as the grievance representative of the bargaining
unit. The UNION sha1l notify the EMPLOYER in writing of the names of
the Stewards and of their successors when so named.
23.2 Zt is recognized and accepted by the EMPLOYER and the UNiON that the
processing of grievances as hereinafter provided is limited by the job
duties and responsibilities o£ the employees and shall fiherefore be
accomplished during working hours only when consistent with such employee
duties and responsibilities. The Steward involved and a grieving employee
shall suffer no loss in pay when a grievance is processed during working
hours, provided, the Steward and the employee have notified and received
the approval of their supervisor to be absent to process a grievan�e and
that such absence would not be detrimental to the work programs of the
�L
EMPLOYER.
23.3 The procedure established by this ARTTCLE 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 defined as an alleged
violation of the terms and conditions of this AGREEMENT.
23.4 Grievances shall be resolved in conformance with the following procedure:
Step lo Upon the occurence of an alleged violation of this
AGREEMENT, the employee involved shall attempt to
resolve the matter on an informal basis with the
employee's superv3soro If the matter is not resolved
�_
- 24 - .
ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
to the employee's satisfaction by the informal discussion
�..
it may be reduced to writing and referred to Step 2 by
the UNION. The written grievance shall set forth the
nature of the grievance, the facts on which it is based,
the alleged section(s) of the AGREEMENT violated, and
the relief requested. Any alleged violation of the
AGREEMENT not reduced to writing by the UNION within
seven (7) calendar days of the f irst occurrence of the
event giving rise to the grievance or within the use of
reasonable diligence should have had knowledge of the
first occurrence of the. event giving rise to the grievance,
shall be considered waived.
Setp 2. Within seven (7) calendar days after receiving the written
� grievance a designated EMPLOYER supervisor shall meet with
the UNION Steward and attempt to resolve the grievance. If, � - � � -- � - �
as a result of this meeting, the grievance remains unresolved,
the EMPLOYER shall reply in writing to the UNION within three
(3) calendar days following this meeting. The UNION may refer
the grievance in writing to Step 3 within seven (7) calendar
days following receipt of the EMPLOYER'S written answer. Any
grievance not referred in writing by the UNFON within seven (7)
calendar days following receipt of the EMPLOYER'S answer shalZ
be considered waived.
�.
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� ARTICLE XXIII - GRIEVANCE PROCEDUR� (continued)
� Step 3. Within seven (7) calendar days following receipt of a
grievance referred from Step 2 a designated EMPLOYER
supervisor sha11 meet with the UNION Business Ma.nager
or his designated representative and attempt to resolve
the grievance. Within seven (7) calendar days following
this meeting the EMPLOYER shall reply in writing to the
UNION stating the EMPLOYER'S answer concerning the
grievance. If, as a result of the written response
the grievance remains unresolved, the UNION may refer
the grievance to Step 4. Any grievance not referred to
in writing by the UNION to Step 4 within seven (7)
calendar days following receipt of the EMPLOYER'S
answer shall be considered waived.
�
Step 4. If the grievance remains unresolved, the UNION may
within seven (7) calendar days after the response of
the EMPLOYER in Step 3, by written notice to the
EMPLOYER, request arbitration of the grievance. The
arbitration proceedings shall be conducted by an
arbitrator to be selected by mutual agreement of the
EMPLOYER and the UNION within seven (7) calendar days
after notice has been given. If the parties fail to
mutually agree upon an arbitrator within the said
seven (7) day period, either party may request the
Public Employment Relation Board to submit a panel
of five (5) arbitratorso Both the EMPLOYER and the
�
- 26 - �
• ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
U13ION shall have the right to strike two (2)
�_
names from the panel. The UNION shall strike
the first (lst) name; the EMPLOYER shall then
strike one (1) name. The process will be
repeated and the rema.ining person shali be the
arbitratore
2305 The arbitrator shall have no right to amend, modify, nullify, ignore,
add to, or subtract from the provisions of this AGREEMENT. The
arbitrator shall consider and decide only the specific issue submitted
in writing by the EMPLOYER and the UNION and shall have no authority
to make a decision on any other issue not so submitted. The arbitrator
shall be without power to make decisions contrary to or inconsistent with
or modifying or varying in any way the application of laws, rules or
�
regulations having the force and effect of law. The arbitrator's
decision shall be submitted in writing within thirty (30) days following
close of the hearing or the submission of briefs by the parties, whichever
be later, unless the parties agree to an extension. The decision shall
be based solely on the arbitrator`s interpretation or application of the
express terms of this AGREEMENT and to the facts of the grievance
presented. The decision of the arbitrator shall be final and binding
on the EMPLOYER, the UNION and the employees.
�_
- 27 -
� ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
�' 2306 The fees and expenses for the arbitrator`s services and proceedings
shall be borne equally by the EMPLOYER and the UNION, provided that
each party shall be responsible for compensating its own representative
and witnesses. If either party desires a verbatim record o.f the
proceedings, it may cause such a record to be made providing it
pays for the record.
23.7 The time limits in each step of this procedure may be extended by
mutual agreement of the EMPLOYER and the UNION.
�.
�
- 28 - .
• ARTICLE XXIV - RIGHT OF SUBCONTRACT
� 2401 The EMPLOYER may, at any time during the duration of this AGREEMENT,
contract out work done by the employees cavered by this AGREEMENT.
In the event that such contracting would result in a reduction of
the work force covered by this AGREEMENT, the EMPLOYER shall give
the UNION a ninety (90) calendar day notice of the intention to
sub-contract.
24.2 The sub-contracting of work done by the employees covered by this
AGREEMENT shall in all cases be made only to employers who qualify
in accordance with Ordinance No. 14013.
�,
�_
- 29 - .
� ARTICLE XXV - NON-DISCRIMINATION
� 25.1 The terms and conditions of tnis AGREEMENT will be applied to
employees equally without regard to, or discrimination for or
against, any individual because of race, color, creed, sex,
age, or because of inembership or non-membership in the UNION.
25.2 Employees will perform their duties and responsibilities in a
non-discriminatory manner as such duties and responsibilities
involve other employees and the general public.
�.
�
- 30 - .
• ARTICLE XXVI - SEVERABILITY
� 26.1 In the event that any provision(s) of this AGREEMENT is declared
to be contrary to law by proper legislative, administrative, or
judicial authority from whose finding, determination, or decree
no appeal is taken, such provision(s) shall be voidede AlI other
provisions shall continue in full force and effecte
26.2 The parties agree to, upon written notice, enter into negotiations
to place the voided provisions of the AGREEMENT in compliance
with the legislative, administrative, or judicial determinationo
�
�
- 31 - '
' ARTICLE XXVII - WAIVER
27.1 The EMPLOYER and the UNION acknowledge that during the meeting `����p��Y,
� r' �`�
and negotiating which resulted in this AGREEMENT, each had the
right and apportunity to make proposals with respect to any
sub�ect concerning the terms and conditions of employment. The
agreements and understandings reached by the parties after the
exercise of this right are fully and completely set forth in
this AGREEMENT.
27.2 Therefore, the EMPLOYER and .the UNION for the duration of th3.s
AGREEMENT agree. that the other party shall not be obligated to
meet and negotiate over any term or conditions of employment
whether specifically covered or not specifi�ally covered by this
AGREEMENT. The UNION and EMPLOYER may, however, mutually agree
� to modify any provision of this AGREEMENT.
27.3 Any and aIl prior ordinances, agreements, resolutions, practices, - �- � � -
policies, and rules or regulations regarding the terms and
conditions of employment, to the extent they are inconsistent
with this AGREEMENT, are hereby superseded.
�_.
- 32 -
� � ARTICLE XXVIII - CITY MILEAGE PLAN
2801 Automobile Reimbursem�nt Authorized: Pursuant to Chapter 92A of the
� St. Paul Legislative Code, as amended, pertaining to reimbursement of
City officers and employees for the use of their own automobiles in
the performance of their duties, the following provisions are adopted.
28.2 Method of Computation: To be eligible �or such reimbursement all
officers and employees must receive written authorization from tha
Mayor. Reimbursement shall be made in accordance with one of the
following pZans:
Type lo For those officers and employees who
are required to use their own automobiles
occasionally for off icial City business, reim-
bursement at the rate of 14 cents for each mile
driveno
TyPe 2. For those officers and employees who
are required to use their own automobiles on a
regular basis on City business, reimbursement at
the rate of $2.50 for each day of work, and in
�, addition thereto at the rate of 7.5 cents for each
mile driven.
28.3 Rules and Regulations: The Mayor sha11 adopt rules and regulations
governing the procedures for automobile reimbursement, which regulations
and rules shall contain the requirement that recipients shaZl file daily
reports indicating place of origin and destination and applicable mileage
ratings thereat and indicating total miles driven, and shall file monthly
affidavits stating the number of days worked and the number of miles driven,
and further required that they maintain automobile liability insurance in
amounts not less than $100,000/300,000 for personal injury, and $25,000 for
property damage. These rules and regulations, together with any amendments
thereto, shall be maintained on file with the City Clerk.
�.
- 33 -
' � ARTICLE �IX - SAFETY
29.1 Ac4ident and in�ury free �p�rations shall be the g�,al af all Emplayers
� and Employeeso To this end the Employer and Employee will, ta thg b�st
of their ability abida by, and live up to the requirements of the
several State and Federal Construction Safety C�des and Regulati�ns,
2g,2 To this end the Employer shall from time to time issue rules or
notices to his Employees regarding on the 3ob safety requiremer.tso
Any Employee violating such rules or notices shall be sub�ect to
disciplinary actiono No Employee may be discharged for refusing :o
work under un5afe conditions<
29.3 Such safety equipment as required by governmental regulation, shall
be provided without cost to the Employeeo At the Employer's option,
the Employeas may be required to sign for safety equipmen+t and sh�12
be obligated to return same upon discharge, layoff, quit or other
��
termination in comparable condition as when issued, praviding �°�a�afln-
able wear and tearo The Employer shall have the right to w�thh�id
the cost of such safety equipnent if not z°eturnedo
�
- 34 - •
ARTICLE XXX - LEGAL SERVICES
30.1 Except in the case of malfeassance in office or willful or wanton
neglect of duty, the EMPLOYER shall defend, save harmless and idemify
an employee and/or his estate against any claim or demand, whether
groundless or otherwise, arising out of an alleged act or omission
in the operation of a city-owned motor vehicle occurring in the
performance and scope of the emplayee's duties.
- 35 - �
ARTICLE XXXI - DURATION AND PLEDGE
31.1 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 31st day of May, 1979,
and continue in effect from year to year thereafter unless notice
to change or to terminate is given in the manner provided in 32.2.
31.2 If either party desires to terminate or modify this AGREEMENT,
effective as of the date of expiration, the party wishing to modify
,
or terminate the AGREEMENT sha�.l give written notice to the other
party, not more than ninety (90) or less than sixty (60) calendaX
days prior to the expiration date, provided, that the AGREEMENT
may only be so terminated or modified effective as of the expiration
date.
� 31.3 In consideration of the terms and conditions of empZoyment established
by this AGREEMENT and the recognition that the GRIEVANCE PROCEDURE - - � - -�
herein established is the means by thich grievances concerning its
application or interpretation may be peacefully resolved, the parties
hereby pledge that during the term of the AGREEMEN�:
31.31 The UNION and the employees will not engage in,
instigate, or condone any concerted action in
which employees fail to report for duty, willfully
absent themselves from work, stop work, slow down
their work, or absent themselved in whole or part
from the full, faithful performance of their duties
of employmento
'8..
- 36 - � ,
ARTICLE XX�CI - DURATION AND PLEDGE (continued)
31.32 The EMPLOYER will not engage in, instigate, or
condone any lock-out of employees.
31.33 This constitutes a tentative agreement between the
parties which will be recommended by the City Negotiator
but is subject to the approval of the Administrat�on of
the City and is also subject to ratification by the
UNION.
AGREED to this 21st day of June , 1978, and attested to as the full
and complete understanding of the parties for the period of time herein speci-
fied by the signature of the follow:i.ng representative for the EMP'LOYER and the
UNION.
WITNESSES:
CITY OF SAINT PAUL UNITED ASSOCIATION PLUMBERS LOCAL 34
9
�-��
i � �
'�% %����z��
L bor Rel ions D c Business Manager
Civil Service Commission
- 37 -
. APPENDIX A
� The classes of positions recognized by the EMPLOYER as being
exclusively represented by the UNION are as follows:
Plumber-Foreman
Apprentice
Plumber �
Senior Plumbing Inspector
Plumbing Inspector
Plumbing Inspector--Water Aepartment
Water Meter Serviceman
and other classes of positions that may be established bq the EMPLOYER
where the duties and responsibilities assigned comes within the
3urisdiction of the UNION.
�
�
- Al - �
, APPENDIX B
" 6' Folding rule
�
�s:
- B1 -
�
APPENDIX C �
The basic hourly wage rate for provisional, regular and probationary employees
appointed to the following classes of positions and not receiving the fringe
benefits listed in Article 12.2 shall be:
Effective Effective
June 1,1978 June 1,1979
Plumber. . . . . . . . . . . . . . . . . $10.50 $11.32
Plumber-Foreman. . . . . . . . . . . . . $11.46 $12.28
Plumbing Inspector . . . . . . . . . . . $11.46 $12.28
Plumbing Inspector-Water Department. . . $11.46 $12.28
Senior Plumbing Inspector. . . . . . . . $12.09 $12.90
The basic hourly wage rate for temporary and emergency employees appointed
to the following classes of positions shall be:
Effective Effective
June 1,1978 June 1,1979_ __._ __ __ _
Plumber. . . . . . . . . . . . . . . . . $10.92 $11.77
Plumber-Eoreman. . . . . . . . . . . . . $11.92 $12.77
Plumbing Inspector . . . . . . . . . . . $11.92 $12.77
Plumbing Inspector-Water Department. . . $11.92 $12.77
Senior Plumbing Inspector. . . . . . . . $12.57 $13.42
Apprentice
0 - 6 months . . . . . . . . . . SO% of Plumber rate
7 - 12 months . . . . . . . . . . . 55% of Plumber rate
13 - 18 months . . . . . . . . . . . 6p% of Plumber rate
19 - 24 month.s . . . . . . . . . . . 65% of Plumber rate
25 - 30 montt!s . . . . . . . . . . . 70% of Plurnber rate
31 - 36 months . . . . . . . . . . . 75% of Plumber rate
37 - 42 months . . . . . . . . . . . g0% of Plumber rate
43 - 48 months . . . . . . . . . . . 85% of Plumber rate
49 - 54 months . . . . . . . . . . . g0% of Plumber rate
55 - 60 months . . . . . . . . . . . 95% of Plumber rate
, - Cl - .
APPENDIX C (continued)
The basic hourly wage rate for regular employees appointed to the following
classes of positions who are receiving the fringe benefits listed in Article 12.2
shall be:
Effective Eff ective
June 1,1978 June 1,1979
Plumber . . . . . . . . . . . . . . . . $10.87 *
Plumber-Foreman . . . . . . . . . . . . $11.70 *
Plumbing Inspector. . . . . . . . . . . $I1.70 *
Plumbing Inspector Water Department . . $11.70 *
Senior Plumbing Inspector . . . . . . . $12.25 *
The basic hourly wage rate for the class of Water Meter Serviceman shall
be:
Effective Effective
June 1,1978 June 1,1979
0 - 6 months of continuous service $ 7.75 **
After completion of 6 months
of continuous service $ 8.13 **
*The June 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
employez foz employees in this bargaining unit.
Plumber $14.38
Plumber Foreman 15.38
Pluming Inspector 15.38
Plumbing Inspector-Water Dept. 15.38
Senior Plumbing Inspector 16.03
**The "after 6 months" rate sha11 be seventy-five percent (75%) of the rate for
Plumber receiving the employer's fringe benefits. The "0 - 6 months"rate
shall be the "after 6 months" rate less 38�.
' - C2 -
.
������
APPENDIX D t_ I `
Effective June 1, Z978, the �SPLOYER shall:
(1) contribute $1.52 per hour fro� which payroll deductions have
been made for all hours �aorked by participating empZoyees as
defined in Articles 12.3, 12.4 and 12.5 of this AGRE�fEIv�,
to a L"�VION designatec3 Credit L'nion.
(2) contribute $ .53 per hour for alI hours worked by participating
enployees as defi.ned in Articles 12.3, 12.4 and 12.5 of this
AGREE.•�Iv'T, to a Health and Welfare Fund.
(3) contribute $ .50 per hour for all hours worked by participatir_g
employees as defined in Articles 12.3, 12.4 and 12.5 of this �
AGREF.rfENT to the Pension Fund.
(4) contribute $ .05 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 of this
AGREEMENT, to the Journeyman and Apprenticeship Training Fund.
(S) contribute $ .O1 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 of this
AGREEMEN,T to the 3ury Duty Fund.
All contributions made in accordance with this Appendix shall be forwarded to the
Twin City Pipe Traders Service Association.
The .F'.��iPLO'�ER shall establish Worlcman's Compensation and Unemployment
Compensation prograzns as required by Minnesota Statutes.
- D1 -
. .
. " .
APPE?�'DIX D (continued)
The EI�IPLOYER'S fringe benefit obligation to participatiteo employees as
defined in Articles 12.3, 12.4 and 12.5 is limited to the contributions and/or
deductions established by this AGREEiiE�1T. The actual level of benefits provi@ed
to e�ployees shall be the responsibility of the Trustees of the various funds to
which the EMPLOYER has forwarded contributions and/or deductions.
- A2 - �
.,
. ,
,,,
• � Fy
, APPENDIX E � ���i�
��' WORKING CONDITIONS FOR SENIOR PLUMBTNG INSPECTORS
AND PLUMBING INSPECTORS
As a result of the 1974 settlement, the Parties have established craft-determined
rates for Senior Plumbing Inspectors and. for Plumbing Inspectors, with the specific
understanding that such agreement is restricted to established rates of pay for
such classifications.
It is, consequently, agreed that the Employer in applying Part 3. EMPLOYER RIGHTS -
of the MAINTENANCE LABOR AGREEMENT, shall have the right to operate the Department
in the same manner as heretofore, with management rights unaffected, and that the
establishment of separate rates for these classifications as well as far Inspector
classifications in other Bargaining Units, may not result in disputes over assign-
� ments or over rates of pay far work performed, nor will any jurisdictional claims
or restrictions be asserted by the Union because members of various Inspector classi-
fications are assigned to work which is also performed by other Inspector classi-
fications.
�
- E1 - �
�
.
�
�r�����
i9�s -I �'�� � � �
MAINTENANCE LABOR AGREEMENT
- between -
THE INDEPENDENT SCHOOL DISTRICT N0. 625
- and - _ _. _ _ . _ .__
UNITED ASSOCIATION
PLUMBERS LOCAL 34
. �
I N D E \ '
ARTICLE TITLE PAGE
Preamble iii
I Purpose 1
II Recognition 2
III Employer Rights 3
I� Union Rights 4
V Scope of Agreement 5
VI Probationary Periods 6
VII Philosophy of EmploymeRt and Co�pensation 7
VIII Hours of Work g
IX Overtirae 9
X Call Back 10
XI LJork Location, Residency 11
XII Wages �2
XIIZ Fringe Benefits �4
XZV Selection of Foreman ar_d. GeneraZ Foreman 15
�' Fetiremznt 16
X�'I Holidays 1�
XVII Disciplinary Procedures lg
XVIII Absences From tJork Z�
XIX Seniority 20
xi Jurisdiction 2I
XXI Separation 22
XXII Tools 23
X�iIII Grievance Procedure 24
XXI�T Right of Subcor_tract 29
XXV Non-Discri,-aination 30
XXVI Severability 3�
��'I I Waiver 3 2
��`'I�I Mileage--Independent School District ��625 33
XXIX Safety 34
h.'YX Legal Services 35
XFuYI Duration and Pledg? 36
Appendix A �1
ApPendi�c B B1
Apper_di�: C ��
App�ndir, D D1
Appendix E E1
- ii -
P R E A M B L E
This AGREEMENT is entered into on this 21st day of J�e , 1978,
between the Independent School District No. 625, hereinafter referred to as
the EMPLOYER and the United Association Plumbers Local 34 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
EMPLOYER and UNION and the individual employees will best serve the needs
of the general public.
- iii -
f
' ARTICLE I - PURPOSE
`� 1.1 The F�.�iPLOYER and th� UNION agree that the purpose for entering into
�
this AGREErLIvT is to:
l.11 Achieve orderly and peaceful relations, thereby
establishing a system of uninterrupted operations
and the highest level of employee performance that
is consistent with tha safety and well-being of
all concerned;
1.12 Set forth rates of pay, hours of work, and other
conditions of employment as have been agreed upon
by the EMPLOYER and the UNION;
1.13 Establish procedures to orderly and peacefully
resolve disputes as to the application or inter-
pretation of this AG:tEEI�NT without loss of
�
`�, manpower productivity.
1.2 Thz EMPLOYER and the UNION agree that this AGREEI�NT serves as a
supplement to legislation that creates an@ directs the EMPLQYER. If
any part of this AGREEMENT is in conflict with such 3egislation, the
latter shall prevail. The parties, on written notice, agree to
negotiate that part in conflict so that it conforms to the statute
as provided by Article 2b (SEVERABILITY).
f
;E
t'
- 1 �
.�RTICLE II - FECOG�ITIO�
� 2.1 The ErIPLOYER recognizes the UNION as the exclusive represeatative
for collective bargainino purposes for a11 personnel having an
employtnent st�tus of regular, probationary, provisional, te�porary,
and emargency employed in the classes of positions defined in 2.2
as cartiLied by the Bureau of Mediation Services in accordance with
Case No. 73-PR-527-A dated May ll, 1973.
2.2 The classes of positions recognized as being exclusively represented
by the IT:iIO� are as listed in Appendix A.
�
�
4
�
x
�
,I _ 2 _
;
ARTICLE III - EI`iPLOYEP. RIG;iTS
� 3,1 The E:�IPLOYER retains the righ*_ *_� operare and man�.ge all manpower,
�.
facilities, and equipment; to establish functions and programs;
to set and a�end 'oudgets; to determine the utilization of
technology; to establish and r�odify th� organizational structure;
to select, direct, and deterrsine the number of personnel; and to
perform any iaherent managerial function not specifically ].inited
by this AGR�ri.�'iEivT.
3.2 Any "term or condition of empl.oyment" not established by this
AGRE��r7T shall remain with tha ErIPLOYER to eliminate, modify, or
establi.sh following writCen notification to the UNION.
�
��
�
r
I` ��
!
i ^ -
3
ACTICLE IV - i.�ION F.iGH?'S
401 The E:�iF.L�YER shali dedu�t fr�m �h� wages of employees whc authorize
�
such a �eductio� in writing an amouat r_ecessary to cover monthly
UI`ION dues� Such mon�es deducted shall be remitted as directed by
the L'VION�
4.11 The ErfPLOY�R shall not deduct dues from the wages
of eraployees covered by this nGR.:E'��iT for any o�her
labor organization,
4.12 The tTrTION shall indemnify and save harcaless the
EMPLOYER from any and all claims or charg�s made
against the EMPLOYER as a result of the impZementation
of this ARTICLE.
4.2 Tne UNION may des�gnata one (1) e�ployea from the bargaining unit to
�� act as a Steward and shall inform the EMPLOYER in writing of such
,:
designationo Such eiapl�yee shall have the rig:�ts and responsibilities
as designated in Article 23 (GRIEVANCE P��CEDURE) . �
4.3 I3pon notification to a designated E:�LOYER supervisor, the Busiaess
rianag�r of tha U1VIOti', or his desLgnated representative shall be
permitted to en*_er th� facilities of the EMPLOYER where enployees
covered by this AGREEi�NT are workir.go
:�
- 4 -
: ARTLCLE V - SCOPE OF THE �GREEriENT
� 5e1 This AGREE?•iENT established the "t�rms and conditions of employment"
def ined by ri.S. 179�63, Subd. �8 for all employees exclusively
represented by the L`�IOVo This AGREE:�NT shall supercede such
"terms and conditions of employment" established by Civil Service
Rule, Council Ordinazce, and Council Resolutionv
�
�
�
- 5 -
ARTICLE VI - PROBATIONARY PERIODS
t� 6.1 Al1 personnel, originally hired or rehired following separation, in
�:
b a regular employment status sha11 serve a six (b) r�onth's grobationary
period during which time the employze's fitness and ability to perform
the class of positions' duties and responsibilities shall be evaluated.
6.11 At any time durinp the probationary period an employee
may be terminated at the discretion of the EMPLOYER
without appeal to the provisions of Article 23
(GRIEVANCE PROCEDURE) .
6.12 An employee terminated during the probationary period
shall receive a written notice of the reason(s) for
such ternination, a copy of which shall be sent to
the UNION.
,�_ 6,2 A11 personnel proraoted to a higl�er class of positions shall serve a six
��
(b) months' promotional probationary periad during which time the employee's
fitness and ability to perform the class of positions' duties and responsi-
bilities shall be evaZuated.
6.21 At any tirse du:.ing the prors�tional probationary period
an employee may be demoted to the enployee's previously
held class of positions at the discretion of the
ErLpLOYER witnout appeal to the provisions of Article 23
(GP.IEVANCE PROCEDURE) .
6.22 An employee demot�d during the promoti.onal probationary
period sha11 be retu�r.ed to the e;nployee's previously
held class of positions and shzll recezve a caritten
� notice of the reasons for demotion, a copy of which
� t shall be sent to the tJI�ION.
1 `".
i
�
i
r
i
; - 6 -
�
' ARTICLE VTI - FHILOSOPHY OF EMPLOYMENT A.�1D COMPENSATION ���+'���
� 7.1 The EMPLQYER ansi the tNION are in full agreement that the philosophy
of empl�ycn�nt and compensation shal.l be a "cash" hourly wage and .
"industry" fringe benefit system.
7.2 The ErIPLOYER shall conpensate employees for aIl hours worked at the
basic hourly wage rat� aad hourly frinoz b�nefit rate as found in
Articles 12 (WAGES) and 13 (FRINGE BEIvEFITS) .
7.3 No other compensation or fringe benefit shall be accumulated or
earned by an employee except as specifically provided for in this
AGREEMENT; except those employees who have individually optioned
to be "grandfathered" as provided by 12.2.
.�
- 7 -
I
" a;t?'ICLE ViII - HOURS OF WORK
;�'` $;'� `fhe n�_r�al w��k clay shall be eight (8) cor.secutive hours per day,
�.,
exclLdino a thirty (30} mir.ute unpaid lunch period, between 7:00 a.mo
and 5:30 p�n.
8,2 Tha normal w:.rk wee'�c shall be five (5) consecutive normal work days
�ior.day Lhrougn Fridayo
8.3 If, durin� the term of this AGREEMENT, it is necessary in the EMPLOYER'S
jud��nt to establish second and third shifts or a work week of other
*_�an M�nday through Friday, the WION agrees to enter into negotiations
im.�ediately t� establ.ish the conditions of such shif ts and/or work weeks.
8.4 This section shall not be construed as, and is not a guarantee of, any
hours of work per n�rmal work day or per normal work week.
� 8.5 All employees sh.all be at the location designated by their supervisor,
ready for w�rk, at the established starting time and shall remain at an
_. _. _ ._ _
assigned �a�rk locati�n until the end of the estahlished work day unless
otherwise directed by their supervisor.
8,6 Al� employ�es �re subject to call-oack by the EMPLOYER as provided by
Arti�le IO (C�,L B:ACK).
g,7 B:�ployees ���.porCing for work at the es�.ablish�d starting time and for
who� no u-�rk is ayailable. shall xeceive pay for two (2) hours, at the
bas�c h�u�ly �ate, L.nl�ss notsfica�ion has been gi�aen r_ot to report for
work p_ior F� l�aving home, or durir.g the previous work dayo
<
i
_ g ^
4
r .
ARTICLE I?: - OVERTIt-iE
°{ 9.1 Time on the gayroll in excess of the normal hours set £orth abovz
�.
shall be "overitme work" and shall be done only by order of the
head of the department. An employee shall be recompensed for work
done in excess of the normal hours by being granted compensatory
time on a time-and-one-hali basis or by being paid on a time-and-
one-half basis for such overtime work. The basis on which such
overtime shall be paid shall be determined solely by the EMPLOYEB.
9.2 The rate of one and one-half (1 1/2) the basic hourly rate shall be the
overtine rate for wark performed under the following circumstances:
9.21 Time worked in excess of eight (8} hours in
any one normal work day and;
9.22 Tine worked on a sixth (6th) day following a
normal work week.
FT
� ` 9.3 The rate of two (2) times the basic hourly rate shal,l be the overtime
rate for work performed under the following circumstances:
9.31 Time worked on a holiday as defined in
Article 16 - (HOLID.�YS) ;
9.32 Tim2 worked on a seventh (7th) day followino
a normal work week; and
9.33 Time worked in excess of twelve (12) consecutive
hours in a twenty-four (24) hour period, provided,
that all "euergency" work required by "Acts of God"
shall be compe�sated at the rate of one and one-half (1 1/2) .
9.4 For the purpose of caiculating overti�e compensation overtime hours
worked shall not be "pyramided", compounded, or paid twice for the ,
s�
same hours workeda
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ARTICLE X - CALL BACK
�� ZQ.1 The E`�LOYER retains the right to call back employees before an
employee has started a normal work day or norntal work week and
after an enployee has co�pleted a normal work day or normal work
week.
10.2 Employees callsd back shall receive a mininum of four (4) hours
pay at the basic hourly rate.
10.3 The hours worked based on a call-back shall be compensated in
accordance with Article 9 (OVERTIME) , when applicable, and subject
to the mininum established by 10.2 above.
10.4 E�ployees called back four (4) hours or less prior to their normal
work day shall complete the normal work day and be compensated only
� for the overtime hours worked in accordance with Article 9 (OVERTIME) .
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' ARTICLE hI - Z�ORK LOCATIO:I, RESIDENCY
� 11.1 Employees shall report to work location as assigned by a designated
� F.P4PLOYER s�pervisor. During the normal work day employees may be
assigned to other work locations at the discretion of the EMPLOYER.
11.2 Employees assigned to work locations during the narmal work day,
othar than their original assignment, and who are required to furnish
their own transportation shall be compensated for mileage.
11.3 All new employees appointed after January 1, 1976, would be required
to reside in the City of Saint Paul within one year of their original
appointr.�ent, and thereafter would be required to remain within the
City 13.rnits as long as they were employed by the City of Saint Paul.
11.4 This residency requirement shall apply to unclassified employees as
� well as classified e�ployees.
�
; 11.5 Applicants for positions in Lhe City of Saint Paul will not be required
I to be residents of the City of Sair.t Paul.
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11.6 Employees failing to meet the residency requirement will be subject
to termination and a hearing process shall be established to derermine
whether th� residency requirement was met.
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ARTICLE XII - WAGES
12.1 The basic hourl.y wage rates as established by Appendza: 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 .s.hall be subject to all
other provisions of the AGP.EEti�NT, but shall not have hourly fringe
benefit contributions and/or deductions made on their behalf as
provided for by Article 13 (FRIIVGE BENEFITS) .
12.21 Insurance benefits as established by City of Saint Pau1
Resolutions.
12.22 Sick Leave as established by Ordinance ;vTo. 3250, Section
35, Subdivision E. .
12.23 Vacation as established by Ordinance No. 6446, Section 1,
Subdivision F. - - - -- -
I2.24 Nine (9) legal holidays as established by Ordinance No.
6446, Section l, Subdivision G.
12.25 Severance benefits as established by Ordinance I�o. 11490
with a naximum pay-�ent of $4,000.
12.26 The ��LOYER will for the period of this AG:2EFa�iENT provide for
enployezs coorking under the titles as listed in Appendix A
who retire af ter the tir.�.e of er,ecuti�n of this AGREEI•iEtiT or
who have retired since September I, 1974, and until such
employees reach sixty-five (65) years of aga such life,
hospital and medical insuranca benefits as are pro�ided by
the E2•fPLOYER.
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ARTICLE XII - WAGES (cantinued)
12.27 In order to be eligible for the benefits under the provision
of 12.26 the employee must:
12.27.Z Be receiving benefits from a public employee
retiree act at the time of retirement.
I2.27.2 Have severed his relationship with the City
of Saint Paul un�er one of the early retirea
plan.s.
12.27.3 Inform the Personnel Office of the City of
Saint Paul in writing within 60 days of
erzployee`s early retirement date that he or
she G�ishes to be eligible for early retiree
insurance benefits.
12.3 Regular employees not covered by the fringe bezzefits listed in Article
12.2 shall be considered, for the purposes of this AGREEMENT, participating
employees and shall be compensated in accordance with Article 12.1 (WAGES)
and have fringe benefit contributions and/or deductions made on their behalf
as provided for by Article 13 (FRIIdGE BENEFITS) .
12.4 Provisional, temporary, and emergency employees shall be considered, for the
purposes of this AGREEMENT, participatir_g employees and shall be compensated
in accordance with Article I2.1 (WAGES) and have fringe benefit contributions
and/or deductions made in their behalf as provided for by Article 13 (FRINGE
BENEFITS) .
I2.5 All regular enployees employed after February I5, 1974, shall be considered,
for the purpose of this AGREEriENT, participating employees and sha11 be
compensated in accordance with Article 12.1 (WAGES) and have fringe benefit
contributions and/or deductions made on their behalf as provided for by
Article 13 (�RI�GE BETIEFITS) .
12.6 The provision of Article 12.5 shall not apply to employees �aorking un3er
the title of �,later rieter Servicenan.
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ARTICLE XIII — FRINGE bENEFITS
r� 13.1 The EMPLOYER shall make contributions on behalf of and/or make
deductions fron the wages of employe�s covered by this AG:tEEMENT
in accordazce with Appendix D for all hours worked.
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ARTICLE XIV -- SELECTION Or FOt2EM.AN AND GE?�ERAL FOREMr1N
'�: 14.1 The selection of personnel for the class of position Plumber
Foreman shall re�ain solely with the EMPLOYER.
14.2 The class of position Plumber Foreman shal]. be filled by employees
of the bargaining unit on a "temporary assignment".
14.3 All "temporary assignm�nts" shall be made only at the direction of a
designated EMPLOYER supervisor.
14.4 Such "temporary assignments" shall be made only in cases where the
class of positions is vacant for rzore than one (I) norr�al work day.
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! ARTICLE XV - RETIREMENT
�`' 15.1 All e�ployees shall retire from e:noloyment with the EMPLOYEP. no
c_
later than the last calendar day of the month in which an employee
becoaes sixty-fiv� (65) yaars old.
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ARTICLE XVI - HOLIDAYS �}'>� ���
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� 16.1 The following nine (9) days shall be designated as holidays:
New Year's Day, January 1
President's Day, Third Monday in February
rtemorial Day, last Monday in rL�.y
Independeace Day, July 4
Labor Day, first Pionday in Septemb°r
Col.umbus Day, second Monday in October
Veteran's Day, November 11
Thanksgiving Day, fourth Thursday in Noveaber
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) hoZidays falls on a Saturday, the preceding
Friday shal� 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 riecessary for
`�: - - - --
operating or e�ergency reasons, enployees may be scheduled or
"called back" in accordance with Article 10 (CALL BACK) .
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16.5 Employees working on a designatsd holiday shall be compensated at the
rate of two (2) times th� basic hourly rate for all hours worked.
16.6 In the case of Board of Education employees, if Presidents` Day,
Columbus Day, or Veterans' 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 holidayo This designated holiday shalZ be a day
on which school is not in session and shall be determined by agreement
betsaeen the employee and his supervisor.
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� ARTICLE XVII - DISCIPLINARY PROCEDURES
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� 17.1 The ErIPLOYER shall have the rioht to impose discipZinary actions on
enployees for just cause.
17.2 Disciplinary actions by the EMPLOYER shall include only the following
actions:
17.21 Oral reprimand.
17.22 jJritten reprimand.
17.23 Suspension.
17.24 Demotion.
17.25 Discharge.
17.3 Employees who are suspended, demoted, or discharged shall have the
right to request that such actions be reviewed by the Civil Service
Commission or a designated Board of Review. The Civil Service Commission,
� or a designated Board o� Review, shall be the sole and exclusive means
of reviewing a suspansion, demotion, or discharge. No appeal of a -
--_... _ _
suspension, denotion, or discharge shall be considered a "grievance"
for the purpose of processing through the provisions of Article 23
(GRIEVANCE PROCEDURE) .
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'- ARTICLE XVIII - ABSENCES FROM WORK
,�_
�. 18.1 Employees who are unable to report for their normal work day have
the responsibility to notify their supervisor of such absence as
soon as possible, but in no event later than the beginning of such
work day.
18.2 Failure to na'_{e such notification nay be ground for discipline as
provided in Article 17 (DISCZPLINARY PROCEDURES) .
Za.3 Failure to report for work without notification for three (3)
• conseciztive norcial work days may be considered a "quit" by the
EMPLOYER on the part of the employee.
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' ARTICLE XIX - SENIORITY
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�� 19.1 Seniority, for the purposes of this AGitEEMENT, shaZl ba defined as
follows:
19.11 "Master Seniority" - The length of continuous reou?ar
and probationary service with the EMPLOYER from the
last date of employment in any and all class titles
covered by this AGREEMENT.
19.12 "C1ass Seniority" - The length of continuous regular
and probationary service with the EMPLOYER from the
date an employee was first appointed to a class title
covered by this AGREEMENT.
Z9.2 Seniority shall not accumulate during an unpaid leave of absence,
except when such a leave is granted for a period of less than thirty
-��` (30) calendar days; is granted because of i.Ilness or injury; is
grante3 to allow an employee to accept an appointmsnt to the
unclassified service of the EMPLOYER or to an elected or appointed
full-time position with the UI3ION,
J.9.3 Seniority shall tercainate when an employee retires, resigres, or is
discharged.
19.4 In the event it is determined by the EMPLOYER that it is n°cessary to
reduce the work force employees will bs laid off by class ti�le within
each Depart�ent based on inverse lsngth of "Class Senioriry"o EnFloye�a
laid off shall have th� rignt to reinstater.ient in any lower-paid class
title, provided, eMployee has greater "Master Seniority" than the
employee being replaced.
� 19.5 The selection of vacation periods shall be made by class Lit1e based on
length of "Class Seniority", subject to the approva� of the EI•�LOYER,
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ARTICLE X�i - .iURISDICTION
e,.
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`� 20.I Disputes concernir.g work jurisdiction between and among unions is
recognized as an appropxiate subject to determination by the various
enions repre�entino employees of the E�iPLOYER.
20.2 The EP•iPLOYER agrees to be guided in the assignment of work jurisdiction
by any mutual agreements between the unions involved.
20.3 In the event of a dispute concerning the performance or assigr�ent of
work, the unions involved and the EMPLOYER shall meet as soon as mutually
possible to resolve the dispute. Nothing in the foregoing shall restrict
the right of the EMPLOYER to accomplish the work as originally assigned
pending resolution of the dispute or to restrict the EMPLOYER`S basic
right to assign work.
� 20.4 Any employee refusino to perform work assioned by the EMPLOYER and as
clariiied by Sections 20.2 and 20.3 above shaZl be subject to disciplinary
action as provided in Article 17 (DISCIPLINARY PROCEDURES) .
20.5 There shall be no work stoppage, slow down, or any disruption of work
resulting from a wor'K assigamentv
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� r1RTICLE XXI - SEPAR�TIOr1 L' �/�
� 21.1 E�ploye°s having a probationary or regular employLnent status shall
be considered separated from employment based on the follo�aing
actions:
21.11 Resigr_ationo Employees resigning from employraent
shall give written.notice fourteen (14) cal.endar
days prior to the effective date of the resignation.
21.12 Retirenent. As provided in Article 15.
21.13 Dischar�e. As provided in Article 17.
21.14 Failure to Repor� for Dutyo As provided in Article 18.
21.2 Employees havino an emergency, temporary, or provisional eznployment
status may be ter�inated at the discretion of the EMPLOYER before the
conpletion of a nornal work day.
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� ARTICLE �II - TOOLS
�� 22.1 AI1 employees shall personally provide the�selves with the tools
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of the trade as listed in Appendix B.
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'. ARTICLE XXIII - GRIEVANCE PRO�E�J'JRE
� 23.1 The E,SPLOYEP. shall recoonize Stewar�s s2lected in accordance wztn iT`i0N
�_
rules and regulations 2s the grievance representative of the bargaining
unit. The UI�IOV shall notify the EI�LOYER in writing of the names of
the Stewards ar.d of their successors whzn so named.
23.2 It is reco�rized ar.d accep*_ed by the F.I�'LOYER and the UNION that the
processing of grievances as hereinafter provided is limited by the job
duties and responsibilities of the employees and shall therefore be
accomplished during working hours only when consistent with such employee
duties and responsibilities. The Steward inv�olved and a grieving employee
shall suffer no loss in pay when a grievance is processed during working
hours, provided, the Steward and the employee have notified and received
the approval of their supsrvisor to be absent to prccess a grievance and
� that such absence would not be detrimental to tha work programs of the
�
EMPLOYERe :
23.3 The procedure established by this ARTICLE shall be the sole and exclusive
procedure, exczpt for tre appeal of disciplinary action as provided by
1703, for th� processing of grievances, whi�h are defined as an alleged
violation of tha te;cns ar_d conditions of this AGREEr�NT.
23.4 Grievznces shall be resolved in confor�anc° with th° followir.g procedure:
gtep 1, Upon the occurence of an a2leged violation of this
' AGREEMENT, the enployee involved shall attempt to
resolve the �atter on an ir.formal basis with the
er:ip?oyee's supe;-visor> If the rnatter is not resolved
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ARTICLE XXIII - GRIEVAitiCE PROCEDURE (continued)
:`� to the employee's satisfaction by the informal discussion
�•
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it may be reduced to writing and referred to Step 2 by
the UI3ION> The written grievance sha11 set forth the
nature of the grievance, the facts on which it is based,
ths alleged section(s) of the AGREEMErIT violated, and
the relief requested. Any alleged violation of the
AGREEI�NT not reduced to writing by the UNION within
seven (7) calendar days of the first occurrence of the
event giving rise to the grievance or within the use of
reasonable diligence should have had knowledge of the
first occurrence of the event giving rise to the grievance,
shall be considered waived.
SetP 2. Within seven (7) calendar days after receiving the written
��; grievance a designated EMPLOYER supervisor shall meet with
the UNION Steward and attempt to resolve the grievance. If,
as a result of this me�ting, the grievance remains unresolved,
the EriPLOYER shall reply in writing to the UNiON within thrae
(3) calendar days following this meeting. The UNION may refer
the grievance in writing to Step 3 within seven (7) calendax
days following receipt of th� EMPLOYER'S written answer. Any
grievance not referred in writing by the U�TION within seven (7)
calend.ar days follo�ving receipt of the EMPLOYERtS answ�r shall
be considered waived.
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� AFTICLE XXIII - GRIEVANCE PROCED'JRE (continued)
� Step 3. Within seven (7) calendar days following receipt of a
grievance referred fron Step 2 a designated EriPLOYER
supervisor shall meet with the UNION Business Managar
or his designated reprzsentative and attempt to resolve
the grievance. Within seven (7) calendar days follawing
this meeting the EMPLOYER shall reply in writing to the
UNION stating the EMPLOYER'S answer concerning the
grievance. If, as a result of the written response
the grievance remains unresol�ec�, the iNION may refer
the grievance to Step 4. Any grievance not referred to
in writing by the UNION to Step 4 within seven (7) .
calendar days follo;�ing receipt of the EMPLOYER'S
answer shall be considered waived.
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Step 4. If the grievance reatains unresolved, the UNION may _ _ _ _ _ _
within seven (7) calendar days after the response of
the EMPLOYER in Step 3, by written notice to the
EMPLOYER, request arbitration of the grievance. The
arbitration proceedings shall be conducted by an
arbitrator to be selected by muCual agreement of the
E?�LOYER and the IJDiION within seven (7) calendar days
after notice has been given. If the parties fail to
mutually agree upoa an arbitrator within the said
seven (7) day period, either party may request the
Public Employrent Relation Board to submit a panel
of five (S) arbitratorso Both the EMPLOYER and the
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.�• ARTICLE FKIII - GRIEVANCE PRO�EDURE (cantinued) �•��.�.����
- tT�iION sha11 have the right to strike two (2)
:�
names from the panel. The LiNI0;3 shall strike
the first (lst) name; the EMPLOYER shall then
strike one (1) name. The process wi11 be
repeated and the remaining person shall be the
arbitratoro
2305 The arbitrator shall have no right ta amend, modify, nullify, ignore,
add to, or subfiract from the provisions of this AGREEMENT. The
arbitrator shall consider and decide only the specific issue submitted
in writing by the EMPLOYER and the WiION and shall have no authority
to make a decision on any other issue not so submitted. The arbitrator
shall be without power to make decisions contrary to or inconsistent with
,- or modifying or varying in any way the application of laws, rules or
=�-
� regulations having *_he force and effect of law. The arbitrator's
decision shall be sub:aitted in writing within thirty (30) days following
close of the hsaring or the submission of briefs by the parties, whichever
be latsr, unle�s the parties agree to an extension. The decision shall
be based sol�ly on the arbitrator's interpretation or application of the
exnress terms of this AGREEMENT and to the facts of the grievance
pre�ented. The deciszcn o£ the arbitrator sha11 be final and binding
on the EMPLOYER, the Ui�1I0N and the employees.
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ARTICLE XXIII - GRIEVANCE PP,OCEDURE (continued)
_� 23.6 The fees and e�penses for the arbitrator's services and proceedings
��
shall be borne equally by the EriPLOYER and the UNION, provided that
each party shall be responsible for compensating its own representative
and witnesses. If ei*_her party desires a verbatim record of the
proceedings, it may cause such a record to be made providing it
pays for the record.
23.7 The tine li.mits in each step of this procedure may be extended by '
mutual agreer.�ent of the EMPLOYER and the UNIONe
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� ARTICLE h.'�IV - RIGHT OF SUBC�NTR4CT
_�` 2401 The EMPLOYER may, at any time during the duration of this AGREEI�NT,
�
contract out w�rk done by the er�ployees covered by this AGREEMENT.
In the event that such contracting would result in a reduction of
the work force covered by this AGREEMENT, the EMPLOYER sha11 give
the UNION a ninety (90) calendar day notice of the intention to
sub-contract.
24.2 Thz sub-contracting of work done by the employees covered by this
AGREEMENT shall in all cases be made only to employers who qualify
in accordance with Ordinance No. 14013.
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- ARTICLE Xh'V - NON-DISCRIMINATION
� 25.1 The terns and conditions of this AG°�E�iEtiT will be applied to
�
employees equa�ly without regard to, or discrimination for or
against, any individual because of race, color, creed, sex,
aoe, or because o£ membership or non-nenbership in the UNION.
25.2 Employees will perforni their duties and responsibilities in a
non-discriminatory manner as such duties and responsibilities
involve other employees and the general public.
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. A.°•TICLE XXVI - SEVEt�r1BILITY
�;: 26.1 In the event that a�y provision(s) of this AGREEMENT i.s de�lared
�
to be contrary t� law by prcper legislative, administrative, or
judicial autlzority from whose finding, determinatian, or decree
no appeal is taken, such provision(s) shall be voided> All other
provisions shall continue in fu21 force and effecto
26.2 The parties agrse to, upon written notiee, enter into negotiations
to place the voided provisions of the AGREEMENT in compliance
with the legislative, administrative, or judicial determinationo
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� ARTICLE xiVII - WAIVER
` 27.1 The EMPLOYER and the UNION acknowledge that during the meeting
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and negotiating which resulted in this AGRr,EMENT, each had the
right and opportunity to �ake proposals with respect to any
subject concerning the terms and conditions of employmenL. The
agreem�nts and understandings reached by th� parties after the
ex�rcise of this right are fully and completely set forth in
this AGREE��IENT.
27.2 Therefore, the EMPLOYER and the UNION for the duration of this
AGREE:�NT agree that the other party shall not be obligated to
meet and negotiate over any tex-m or conditions of employmant
whether specifically covered or not specifica�ly covered by this
AGREE.MENT. The UNION and Ei�LOYER may, however, mutually agree
_,,,- to modify any provision o� this AGREEMEivT.
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27.3 Any a:!d all prior ordinances, agreements, resolutions, practices,
policies, and rules or regulations regarding the terms and
canditions of employment, to the extent they are inconsistent
with this AGREEMENT, are hereby superseded.
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• ARTI�LE XXV�ZI-MILEAGE - INDEPENDENT SCHOOL DISTRICT �6625
� 28.1 Employees �f the School Di�tri�� under policy adopted by the
Board of Education may be reimbu�sed for the use of their
automobile� for school business. To be eligible for such
reimbursement, employees must receive authorization from the
District Mileage Committee utilizing one of the following plans:
PLAN "A" is reimbursed at the rate of 15� per
milee In addition, a maximum amount which can
be paid per month is established by an estimate
furnished by the employee and the employee's
supervisoro
Another consideration for establishing the
maximum amount can be the experience of another
working in the same or similar positiono
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 pesiod of 3 to 6 monthso Those employees
receiving an auto allowance under this plan must
report monthly the number of days the car was avail-
able during the month. A deduction must be made
from the lump sum amount for each day tha employee
is csn vaeationo A deduction need not be made for
an occasional day of illness or for holidayo
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� ARTICLE XXIt - SAFETY �+~��e`f}`��
2901 Accident and injury free �per�tior.s shall bz �he g:.�l �= �?1 EmFl�ye��
c-�.
�;
and Employeeso To this end the Emplcyer and Employee wi�l, ta th� �°_��'
of their ability abid� by, and live up to �he re�uirema.ts �f �he
several S�ate and Federal Ccnstruction Safety C�des and Regu?ati�n��
a},2 To this end tha Employer shall from time to time iss��e rules or
notices to his Employees regarding on the j�h safety require�e,�,so
Any Employe� violating such rules or no*_ic:s sha2i b� sLb�ect t�
disciplinary actiono No Employee may be discharged fo: refusing to
work under u�safe conditionso
29>3 Such saf ety equipm�nt as req�.ired by governznen*_a2 regLlat;o*�, shaZi
be provided wi.thout cost to th� Employee, At th� Employer's opt��n,
the Employezs nay be requ�red to sign fo� safety equipmen't and sh31�
:� be obligated to return same upon discharge, lay�ff, qui� cr othe�
��.
termination in eomnarable ccndition as when assuA3, pr�,viding Y�a»r.- _
able wear and tear. The Employer shall have th2 righ*_ co w��h�-aid
the cost of such safety equ-�p:�ant if not �eturnede
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ARTZCLE h�X - LEG_AL SERVICES
30.1 Except in the case of malfeassance in office or willful or wanton
neglect of duty, the E?�i�'LOYER shall defend, save har�less and idemify
an erzployee and/or his estate against any claim or demand, whether
groundless or other�oise, arising out of an alleged act or omission
in the operation of a city-owned motor vehicle occurring in the
perforr.�.ance and scope of the employee's duties.
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� �RTICLE XXXI - DURATIQN AND PLEDGE �
'� 31.1 This AGP.EEMENT shall b�come effective as of the date of signing,
:�_
except as specifically provided otherwise in Articles 12 and 13,
and shall remain in effect through the 31st day of May, 1979,
and cor_tinue in effect from year to year thereafter unless notice
to change or to terminate is given in the nanner provided in 32.2.
31.2 If either party desires to terminate or modify this AGREEMEVT,
effectiva as of the date of expiration, the party wishing to modify
or terminare the AGREEI�NT sha11 give written notice to the other
party, not more than ninety (90) or less than sixty (60) calendar
days prior to th� expiration date, provided, that the AGREEriENT
may only be so terminated or modified effective as of the expiration
date.
s�: 31.3 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 thich grievances concerning its
application or interpretation may be peacefully resolved, the parties
hereby pledge that during the term of the AGREEMENT:
31.31 The UNION and the employees will not engage in,
instigate, or condone any concerted action in
which emp?oyez� fail to report for duty, willfully
absent the:nselves from work, stop work, slow down
their wurk, or absent themselved in whole or part
from the full, faithful performance of their duties
of employr.ient.
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A.�tTICLE XZ."�I - DUP.ATIO�+ �D PLEDGE (continu�d)
3]..32 The E�ff'LOYER will not engaoe in, instzgate, or
condone any lock-out of e�p�oyees.
31.33 This constitutes a tentative aoreement bet�veen the
parties which will be reco�.^+ended by the School Board
Neootiator bu� 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 this22st day of June , 1978, and attested to as the full
ar.d co�olete understanding of the parties for the period of time herein
s�ecified by the signature of the followir.g representative for the ErfPLOYER
ar_d the UT,ION.
WI'RvESSES: �
I��EPE'.��iT SCHOOL DISIP.ICT ��625 U-NITED ASSOCIATION PLUMBERS LOC_AL 34
School Board Negotiator Business Manager
Superintendent, Independent
School District No. 625
- 37 -
_ APPE�TDIX A
�•
The classes of positions recognized by the EMPLOYER as being
exclusively represented by the UNION are as follows:
Plumber-Foreman
Apprentice
Plumber
Senior Plumbi.ng Inspector
Plumbing Inspector
Plumbing Ir.spector--Water Aepartment
Water Meter Serviceman
and other classes of positions that may be established by the EMPLOYER
where the duties and responsibilities assigned comes within the
.� juri.sdiction of the UNION.
�:
- Al -
,
APPENDIX C
The basic hourly wage rate for provisional, regular and probationary employees
appointed to the following classes of positions ar_d not receiving the fringe
benefits listed in Article 12.2 sha11 be:
Effective Eif ective
June I,I978 June 1L1979
Plurzber. . . . . . . . . . . . . . . . . $10.50 $11.32
Plumber-For�nan. . . . . . . . . . . . . $11.46 $12.28
Plumbir.o Inspector . . . . . . . . . . . $11.46 $12.28
Plunbing Inspector-Water Department. . . $I1.46 $12.28
Senior Plu�bino Inspzctor. . . . . . . . $12.09 $12.90
The basic hourly wage rate for temporary and emergency employees appointed
to the following classes of positions shall be:
Effective Effective _ _._ _. _ _
June 1,1978 June Z,1979
Plumber. . . . . . . . . . . . . . . . . $10.92 $11.77
Plumber-Foreman. . . . . . . . . . . . . $1I.92 $I2.77
Plumbing Ir_spector . . . . . . . . . . . $I1.92 $12.�7
Plumbing Inspector-Water D�part�ent. . . $11.92 $12.77
Senior Plu�bing Inspector. . . . . . . . $12.57 $13.42
Apprentice
0 - 6 months . . . . . . . . . . . 50% of Plumber rate
7 - 12 nonths . . . . . . . . . . . 55% of Plunber rate
13 - 18 �onths . . . . . . . . . . . 6p% of Plumber rate
19 - 24 r.:onths . . . . . . . . . . . 65% of Plunber rate
25 - 30 �onths . . . . . . . . . . . 7p% of Plumber rate
31 - 3b �or.ths . . . . . . . . . . . 75% of Plu�ber rate
37 - 42 �onths . . . . . . . . . . . gp% of Plu.*nber rate
43 - 48 moZths . . . . . . . . . . . SS% of P1L�oer rate
49 - 54 nor_ths . . . . . . . . . . . gp`/, of Plu��!her rate
55 - 60 rsonths . . . . . . . . . . 95% of Plunber rate
- C1 -
_
APPENDIX C (continued)
The basic hourly wage rate for regular employees appointed to the following
classes of positions who are receiving the fringe benefits listed in Article 12.2
shall be:
Effective Effective
June 1,I978 June 1,1979
Plumber . . . . . . . . . . . . . . . . $10.87 *
Plumber-Foreman . . . . . . . . . . . . $11.70 *
Plumbing Inspector. . . . . . . . . . . $11.70 *
Plumbing Inspector-Wate� Department . . $11.70 *
Senior Plumbing Inspector . . . . . . . $12.25 *
The basic hourly wage rate for the class of Water Pieter Serviceman shaZl
be:
Effective Effective
June 2,I978 3une 1,1979
0 - 6 months of continuous service $ 7.75 ''�'�
After completion of 6 months
of continuous service $ 8.13 **
*The June 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 foz employ�es �n this bargaining unit.
Plumber $14.38
Plumber Foreman 15.38
Pluming Inspector 15.38
Plumbing Inspector-Water Dept. 15.38
Senior Plumbing Inspector 16.03
**The "after 6 months" rate shall be seventy-five percent (75%) of the rate for
Plunber receiving the employer's fringe benefits. The "Q - 6 months"rate
shall be the "after 6 months" rate less 38C.
- C2 -
APPENDI� D
Effective June 1, 1978, the �LOYER shall:
(1) contribute $1.52 per hour fro� which payroll deductions have
been made for a11 hours worked by participating employe�s as
def ined in Articles 12.3, 12.4 and 12.5 of this AGREEMEUT,
to a ITNION designated Credit Union.
(2) contribute $ .53 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 of this
AGREEMENT, to a Health and Welfare Fund.
(3) contribute $ .50 per hour far all hours worked by participatir.g
employees as defined in Articles 12.3, 12.4 and 12.5 of this
AGREEMENT to the Pension. Fund.
(4) contribute $ .06 per hour for alI hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 of this
AGP.EEMENT, to the Journeyman and Apprenticeship Training Fund.
(S) contribute $ .O1 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 of this
AGREEMENT to the Jury Duty Fund.
All contributions made in accordance with this Appendix shall be forwarded to the
Twin City Pipe Traders Service Association.
The �iPLOYER shall establish Worlanan's Cor�pensation and Unemployment
Compensation grograms as required by Minnasota Statutes.
- D1 -
�pPE\TDIX D (continued)
The Er1PL0YER'S fringe benefit obligation to participating employees as
defined in Articles 12.3, 12,4 and 12.5 is linited to the cor.tributions and/or
deductions established by this AGREEt•1EI�T. 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 -
.M�
,' 2►-�����
.�.
APPENDIX E
� WORKING CONDITIONS FOP. SENIOR PLiJ1��II�G INSPECTORS
AND PLC3MBING I�SPECTORS
As a result of the 1974 settlenent, the Parties have established craft-determined
rates for Senior Plumbing Insp�ctors an3 for Plumbing Inspectors, with the specific
understanding that such agreement is restricted to established rates of pay for
such classifications.
It is, consequently, agreed that the Employer in applying Part 3. Er�LOYER RIGHTS -
of the MAIIv'TENAIvCE LABOR AGREEMENT, shall have the right to operate the Depart�ent
in the same manner as heretofore, with management rights unaffected, and that the
establishmeat of separate rates for these classifications as well as for Inspector
classifications in oth�r Bargainin� Units, may not result in disputes over 2ssign-
� ments or over rates of pay for work performed, nor will any jurisdictional claims
:
or restrictions be asserted by the Union because members of various Inspector classi-
fications are assigned to work which is also perforned by other Inspector classi-
fications.
�
_ �� _
ARTICLE XVIII - ABSENCES FROM WORK
� 18.1 Employees who are unable to report for their normal work day have
the responsibility to notify their supervisor of such absence as
soon as possible, but in no event later than �he beginning of such
work day.
18.2 Failure to make such notification may be ground for discipline as
provided in Article 17 (DISCIPLINARY PROCEDURES) .
18,3 Failure to report for work without notification for three (3)
consecutive normal work days may be considered a "quit" by the
EMPLOYER on the part of the employee.
�
�
- 19 -
�.�. ,
� .t�o not detaeh this men�ra��dum�#r+o� the
��
. rESOlution so that this �r�fof�rtion wNt b8 � ��: ��/I475
�� ; ' available to the �I�r �0uncq.
��,� g ����
�. ��
.
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� J�t�t Jttly 13, 19 78
' ' �,
� �� �� � �� �E � E � � ���
� : �s �ssram� t�t��tce JUL 1 ,81978
dW�.E�'�-�
. BE; R��i�t�.on for sv�aio� c� ci� �cil
�.: -
,���� � . .
�ia r�mns�d p�c�s� s�ra�Fa�. �ttd��subAi;eaicn� 4�. .t,hl.s_R�ol���:�� :t�r-�����c�:�► ,
� , . . . , . . � . � . . .. . . . . � - � � � . . � . . . .. , . . . . -r..
� . � •:=., . � � . � - � . . .. . . � . � .._ � � . ,ir
�p �.,. �. . . . � ��. ,, .
;,._:, �i'.. � . ._. . � �, . . : � .. . .. � . � . . � .� .. . � _ � . .
�:!rt:� . . . . _ . .. � . . - � . � . . . . . � . � � , � . � �
fr ,. . ' � . � � � .. . . . � � � _ . . . . .. • . .. . . � � . � . ..
� ' Thia Resr�lut�i�n appxoves �he 1978-1979 �greemeats be�wees �hhe City, I.S.Y3. Y+�o.
�:,_ -. 625, aad'�he �t�mb��s �ocal 34. :
" The Agre�an.ents ca31 for an 86� per hour iiacrea�e. The ha�a.iiy rate is increaesd °
f ` 80� a�d th� fringe bett�fits casts are incre�sed 6�. .
ir",�._.:�
T�,a.'Agreier�e�nts. aleo }�r4vide early reti.rernent health aa�d li�� iasuraace for ;
�Be e�3oyr�ee reti�i.mg prior'to age 65. '
;. . _ :
�, � . ,
The Git� it�eage allowamce i� increased l� per �ile.
p'.. .. . . . . . .. . . �. . . � � . � -' . . � .. � . - . . .
, Tha �6} i.s�crea.se in to�a1 package is baset� on the outside Unian Ca�trac�. ,
: �
�5
_ �•�
. . . . , . V. . .. . . . . . � . . . . � . .
. , . ' . . . . . . . . . . . , . � : . . . . . . .
. . . . i . . . . - . � . . . . . �
�'�t�.�..�8•:. .
Resalit�ioa �.nd copy for:the Gity Clerk, copy af .E�greements.:
: _ ;