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271812 WHITE - CITV CLERK ��}Fa�� ^� ^ PINK - FINANCE COUIICIl % I\ � CANARY - DEPARTMENT GITY OF SAINT PALTL File NO. ,•r �J �� BLUE . - MAVOR �� uncil Resolution Presented By Referred To Committee: Date Out of Committee By Date An administrative Resolution approving the terms and conditions of the 1978-1979 Labor Maintenance Agreements between the City of St. Paul, Independent School District No. 625, and the Sheet Metal Workers, Local No. 76. WHEREAS, the Council, pursuant to the provisions of 5ection 12. 09 of the St. Paul City Charter and the Public Employees Labor Relations Act of 1971, as amended, recognizes the Sheet Metal Workers, Local No. 76, as exclusive representative for those classes of positions within the City of St. Paul certified by the Bureau of Mediation Services Under Case �To. 73-PR-513-A for the purpose of ineeting and negotiating the terms and conditions of employment for all full-time personnel in the classes of positions as set forth in the Agreements between the City, Independent School District No. 625, and the exclusive representatives hereinabove referenced; and WHEREAS, the City through designated representati�es, and the ex- clusive representatives have met in good faith and negotiated the terms and conditions of employment for the period May I, 1978, through April 30, 1980, for such personnel as are set forth in the Agreements between the CiLy of St. Paul, Independent 5chool District No. 625, and the exclusive representatives; and WHEREAS, 1978-1979 Agreements have been reached which include a wage adjustment retroactive to May 1, 1978; now, therefore, be it - 1 - COUNCILMEN Requested by Department of: Yeas Nays Butler Hozza [n Favor . Hunt Levine __ Against BY -- Maddox Showalter TedesCO Form ppro ed by i pp orney Adopted by Council: Date `� Certified Yassed by Council Secretary BY By �.lpproved by Ntavor: Date _ Appro Mayor for Subm' sion �o�ouncil BY - — BY WHITE - CITV CLERK �� �f'+ PINK - FINANCE GITY OF SAINT PAITL Council ,c11�312 CANARV - DEPARTMENT BLUE � - MAYOR � Flle 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 the City of St. Paul, Independent School District No. 625, and the Sheet Metal Workers, Local No. 76, 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. App roved: � Chairman Civil Service Co 'ssion COUNCILMEN Requested by Department of: Yeas Nays Butler � PERSONNEL OFFICE Hozza In Favot Hunt Levine _ � __ Against BY — Maddox Showalter 19T8 Ted SEP 1 9 For Approv by Ci t r ey Adopt y Council: Date t ertified Pas y Co n rP,tary B B� ' --�2;5 �978 Approved by Mayor for Submission to Council ta ro by iVlavor: te By — BY pt�Bt�sxE� SEP � � 1978 � Do not detach this memor�ndum from the ' ' resolutlon so that this Information Witl be � ��: ��,���5 availabie to the Clty Council. �v, a 9/.$/76 EXPS+t4N'�x!QN. QF ADM�t�� ' QR'��RS ; R$Sp Oi�B AR19 0 C83 �'718�2 , ; p�►ta: August 16, 1978 � �i , �.; t � ECEi �{Ep � acoa �xo�: asm�c� r.��� SE;� 1 1978 �� ' � � , '`; "i� � � ' , � F&: P�r�a�a�� c�f�ice MAYOR S � �. �° t: ; � ' k ' � � yi i ` RE: R4s���stiAn' fox' SLt�imi8Ai0� t4 C�ty COUncil �, ' �� � { �:�.` _ Q� y ; . �� ,� � , ,A..��..,Q�....�„�..,,U&S�s ;, Ws �r�aa�m�ad ycw� aPPra�a��, �uud submi,seic�� o�� thia Resctl.u�� to the� City Cout�c��.. �L � k ' FL�tE RA �� F4R S A I4N: v � �.� ; � 'I'tri� R.esolution approves the 1978-1g79 Labor Maintenance A�reements between t.h ' � �'� City of St. Paul, Independent School Distr�ct No. b25, and the Sh�et Meta1 Wotkers * �� ', Local No. 76. .�,�,-:. ._.�� These Ag�eemeats ca11 for a total package increase of 80� per hour for 1978, wi�h 43� � going on the wage rate an.d 37� �oing into fringe beaefits. . The 1979 total package � � i.acr�ase wi11 be $0� per hour. The distribution of thie 80� betweer� wage8 and frin.ge i beaefite will be determined in early 1979. . 3 ; �'� These Agreemeats aJ.so ca11 for Board of Education employees to work on the minor `� holidays for compeneatory time asid on a straight-time basis. �� The City'M3leage Allowa.rice is i.ncreased l� per mile. � E � , . . , ��.. ��. , ,T8 Reeoluti�a and copy for the City Clerk. Copy of each Labor Maintenance Agreern.ent. ; ; �'11812 1978-79 MAINTENANCE LABOR AGREEMENT - between - THE CITY OF SAINT PAUL - and - SHEET METAL WORKERS INTERNATIONAL ASSOCIATION LOCAL 76 I N D E X ARTICLE TTTLE PAGE Preamble iii I Purpose 1 II Recognition 2 III Employer Rights 3 IV Union Rights 4 V Scope of the Agreement 5 VI Probationary Periods 6 VII Philosophy of Employment and Compensation 7 VIII Hours of Work 8 IX Overtime 9 X Call Back 10 XI Work Location, Residency 11 XII Wages 12 XIII Fringe Benefits 14 XIV Selection of Foreman and General Foreman 15 XV Retirement 16 XVI Holidays 1� XVII Disciplinary Procedures 18 XVIII Absenees From Work 19 XIX Seniority 20 XX Jurisdiction 21 _ _ -- _ _ _- XXI Separation 22 XXII Tools 23 XXITI Grievance Procedure 24 XXIV Right of Subcontract 29 XXV Non-Discrimination 30 XXVI Severaba.lity 31 XXVII Waiver 32 XXVIII City Mileage Plan 33 XXIX Duration and Pledge 34 Appendix A AZ Appendix B B1 Appendix C C1 Appendix D D1 - ii - P R E A M B L E This AGREEMENT is entered into on this /,�� day of /�us✓s�'", 1978, between the City of Saint Paul, hereinafter referred ta as the EME'LOYER and the Sheet Metal Workers International Association Local 76 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 benefi�t of the geaeral 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 Ievels of responsibility. Constructive attitudes of the CITY, the UNION and the individual employees will best serve the needs of the general public. - iii - ARTICLE I - PURPOSE � 1.1 The EMPLOYER and the LiI3I0N agree that the purpose for entering into this AGREEMENT is to: 1.11 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted ogerat3.ons and the highest level of employee performance that is consistent with the safety and well-being of aTl concerned; . 1.12 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the EMPLOYER artd the UNION; 1.13 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation 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 pgrtias, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 26 (SEVERABILITY). � - 1 - ' ARTICLE II - RECOGNITION � 2.1 The EMPLOYER recognizes the UNION as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, probationary, 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-513-A dated May 15, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. � � - 2 - � ARTICLE III - EMPLOYER RIGHTS � 301 The EMPLOYER retains the right to operate and manage all manpower, f acilities, 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 - ARTICLE IV - UNI�N RIGHTS � 401 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues, Such monies deducted shall be remitted as directed by the UNION. 4.11 The EMPLOYER shall not deduct dues from the wages of employees covered by this AGREEMENT for any other labor organization. ' 4012 The UNION shall indemnify and safe harmless the EMPLOYER f rom any and a11 claims or charges made against the EMPLOYER as a result of the implementation of this ARTICLE. 4.2 The UNION may designate ona (1) employee from the bargaining unit to � act as a Steward and shall inform the EMPLOYER in writing of such designation. Such employee shall have the rights and responsibiTities - -- -- - as designated in Article 23 (GRIEVANCE PROCEDURE). 4e3 Upon notification to a designated EMPLOYER supervisor, the Business Manager of the UNION, or his designated representative shall be premitted to enter the facilities of the EMPLOYER where employees covered by this AGREEM�NT are working, � - 4 _ • ARTICLE V - SCOPE OF THE AGREEMENT � Sol This AGREEMENT establishes the "terms and conditions of employment" defined by M.S. 179.63, Subd. 18 for all employees exclusively represented by the UNION. This AGREEMF:NT shall supercede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. � �_ - 5 - � . ARTICLE VI - PROBATIONARY PERIODS ������ � 601 Al1 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 shall be evaluated. 6.11 At any time during the probationary pariod an employee may be terminated at the discretion of the EMFLOYER 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 Che UN7[ON. � 6.2 All personnel promoted to a higher class of positions shall serve a six (6) months' promotional probationary period during which time the employee's fitness and ability to perfarm the class of positions' duties and responsibilities shall be evaluated. 6o2I At any time during th� promotional probationary period an employea 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). ' 6.23 An employee demoted during the protional 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. � - 6 - ' ARTICLE VII - PHI�QSOPHY OF EMi LOYMENT AI1D COMPENSATION � 7e1 The EMPLOYER and the UNION are in full agreement that the philosophy of employment and compensat.ion shall be a "cash" hourly wage and "industry" fringe benafit 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 optioned to be "grandfathered" as provided by 12020 �, � - 7 - ' ARTICLE VIII - HOURS OF WORK � 801 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unp�id lunch period, between 7:00 aomo and 5:30 pom, 8.2 Tha normal work week shall be five (5) consecutive normal work days Monday through Friday. 8.3 If, during the term of this AGREEMENT, it is necessary in the ' EMPLQYER'S 3udgment to establish second and third shifts or a work week of other than Monday through Friday, the UNION agrees to enter into nagotiatioas immediately to establish the conditions of such shifts and/or work weeksm 8.4 This section shall not be construed as, and is not a guarantee of, � ariy hours of work per nortnal 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 otherwis� directed by their suparvisoro 8.6 All employees are subje�t to call-back by the EMPLOYER as provided by Article 10 (CALL-BACR) o 807 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, � at the basic hourly rata, unless �otification has been given not to �eport for work prior to leaving home, or during the previous work day. �. - 8 - � ARTICLE IY - OVERTI*SE � 901 All overtime compensated for lay the EMPLOYER must receive prior authorization from a designated EMPLOYER supervisore No overtime work claim will be honored for payment or credit unless approved in advance, An overtime claim will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 9e2 The overtime rate of one and one-half (1�) the basic hourly rate shall be paid for work performed under the following circumstances: 9a21 Time worked in excess of eight (8) hours in any one normal work day and 9022 Time worked on a sixth (6) day following a normal work week. � 903 The overtime rate of two (2) times the basic hourly rate shall be paid for work performsd under the following circumstances: - - - - - 9.31 Time worked on a holiday as defined in Article l6 (HOLIDAYS) ; 9032 Time warked on a sevanth (7) day follow�ng a normal work week; and 9�33 Time worked in exeess of twelve (12) consecutive hours in a twenty-four (24) hour period, provided, that all "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (1%) . � 9m4 For the purposes of calculating overtime compensation overtime hours worked shall not be "pyraanided", compounded, or paid twice for the � sama hours worked. 9>5 Overticae hours worked as provided by this ARTICLE shall be paid in cash. - 9 - � ARTICLE X - CALL BAGK � 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 after an employee has completed a normal work day or normal work week. 1002 Employees called back shall receive a minimum of four (4) hours � pay at the basic hourly ratee • 10e3 The hours worked based a a call-back shall be compensated in accordance with Article 9 (OVERTIME) , when apglicable, and sub3ect to the minimum established by 1002 abovea 10.4 Employees called b3ck 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)a �. - 10 - ARTICLE XI - WORK LOCATION, RESIDENCY � 11.1 Employees shall report to work location as assigned by a designated EMPLOYER supervisoro 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 appointment, 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 sha11 apply to unclassified employees as �. well as classified employees. 11.5 Applicants for positions in the City of Saint Paul will not be requ�red .- - - - - to be residents of the City of Saint Paul. ll06 Emplayees failing to meet the residency requirement will be sub�ect to termination and a hearing process shall be established to determine whether the residency requirement was met. �.. - 11 - ARTICLE XII - WAGES 12.1 The basic hourly wage rates as established by Appendix C sha11 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 sub�ect 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 inciuding life, hospital and health insurance for early retirees who have retired since February 1, I975. In order to be eligible for the health benefits under the early retiree provision, the employee must: 12.21.1 Be receiving benefits from a public employee retirement act at the time of retirement. 12.21.2 Have severed his relat3.onship 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 ta be eligible for early retiree insurance benefits. 12.22 Sick Leave as established by Resolution 3250, Section 35, Subdivision E. 12.23 Vacation as established by Resolution No. 6446, Section 1, Subdivision F. 12.24 Nine (9) legal holidays as established by Resolution No. 6446, Section 1, Subdivision G. 12.25 Severance benefits as established by Ordinance No. 11490 with a maxisaum payment of $4,000. - 12 - � . �"11812 ' ARTIGLE XII - WAGES � (continuasl) �' �2,3 Regular employee� not couered by the fringe benefits listed in Article 12.2 shall be considered, for the purpose� of this AGREEMENT, participating employees and shall be compensated in accordanee with Article 12.1 (WAGES) and haye fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . 1204 Provisional, temporary, and emergency employees shall be considered, for the purposes of this AGREEMENT, participating employees and shall be com- pensated in accordanee 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)e 12>S 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 12e1 (WAGES) and have fringe benefit contributions and�or deductions made on their behalf as provided for-by - - - --- - Article 13 (FRINGE BENEFITS). �.,. - 13 - ' ARTICLE XIII - FRINGE BENEFITS ���v�� � I.3o1 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 fvr all hours worked. � �4.. - 14 - � ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN �� 1401 The selection of personnel for the class of position Sheet Metal Foreman shall remain solely witn the EMPLOYER. 14.2 The class of position Sheet Metal Foreman shall be filled by employees of the bargaining unit on a "temporary assignment". 14.3 All "temporary assignments" sha11 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 more than one (1) normal work day. �- �,.. - 15 - ' AATICLE XV - RETIRE�iENT �. 15.1 Al1 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 (65) years old. �. ��. - 16 - ' ARTICLE XVI - HOLIDAYS �' 1601 The following nine (9) days shall be designat�d 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. When any of these three (3) ho�idays 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 �udgment 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) . 1605 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 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 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 - ' ARTICLE XVII - DISCIPLINARY PROCEDURES � 17.1 The EMPLOYER shall have the right to impose disciplinary act�.ons on emplayees for just cause. 17.2 Disciplinary actions by the EMPLOYER shall include only the following actions: 17.21 Oral reprimand • 17.22 Written reprimand 17.23 Suspansion 17.24 Demotion 17e25 Discharge 17.3 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civi�. Service Commission or a designated Board of Review. The Civi1 Service � Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appeal of a suspension, demotion, or discharge shall be considered a "grievance" for the purpose of processing through the provisions of Article 23 (GRIEVANCE PROCEDURE). �� - 18 - . ARTICLE XVIII - ABSENCES FROM WORK �� 1801 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 make such notification may be grounds 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 - ' ARTICLE XIX - SENIORT.TY �:' 19>1 Seniority, for the purposes of this AGREEMENT, shall be defined as follows: 19011 "Master Seniority" - the length of continuous regular and probationary service with the EMPLOYER from the last date of employment in aay and all class titles covered by this AGREEMENT. 19.12 "Class Seniority" - the length of continuous regular � and probationary service with the EMPLOYER from the date an employee was first appointed to a class title covered by this. AGREEMENT. 19.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is � granted to allow an employee to accept an appointment to the unclassified service of the EMPLOYER or to an elected or appointed full-time position with the UNION. 1903 Seniority shall terminate when an employee retires, resigns, or is discharged. 19e4 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 Seniorityo" Employees • laid off shall have the right to reinstatement in any lower-paid class title, provided, employee has greater "Master Seniority" than the employee being repTacedo 19aS The selection of vacation periods shall be ma.de by class title based on � length of "Class Seniority", subject to the approval of the EriPLOYER. - 20 - ' ARTICLE XX - JURISDICTION 20.1 Disputes concerning work �urisdiction between and among unions is � recognized as an appropriate sub�ect for determination by the various unions representing employees of the EMPLOYER. 20.2 The EMPLOYER agrees to be guid�d 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 sub�ecr 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. �. - 21 - ' ARTICLE XXI - SEPARATIOH ,�,����� 21.1 Employees having a probationary or regular employment status shall � be considered separated from employment based on the following actions: 21e11 Resignatian. Employees resigning fxom employment shall give written notice fourteen (14) calendar days prior to the e�fective date of the resignation. 21.12 Retirement. As provided in Article 150 _ 21.13 Discharge. As provided in Article 17. 21.14 Failure to Report for Duty. As provided in Art3.cle 18. 21e2 Employees having an emergency, temporary, or provisional employment status may be terminated at the discretion of the EMPLOYER be£ore the completion of a normal work day. , � � � - 22 - . ARTICLE XXII - TOOLS �.. 22e1 All employees shall personnally provide themselves with the tools of the trade as listed in Appendix B. �n. � - 23 - . ARTICLE XXIII - GRIEVANCE PROCEDURE 23.Z The EMPLOYER shall recognize Stewards selected in accordance with UNION � rules and regulations as the griev3nce representative of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the names of the Stewards and of their successors when so named. 23�2 It is recognized and accepted by the EMPLOYER and the UNION that the , processing of grievances as hereinafter provided is limited by the �ob duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilitieso The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is prd- cessed during working hours, provided, the Steward and the employee have notified and received the approval of thair supervisor to be absent to process a grievance and that such absence would not be detrimental to �_ the work programs of the EMPLOYER. 23.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure, except tor tha appeal of disciplinary action as provided by 1703, for the processing of grievancea, which are defined as an alleged violation of the terms ared conditions of this AGREEMENT. 2304 Grievances shall be resolved in conformance with the following procedure: Step la Upon the occurence of an alleged violation of this . AGREEMENT, the employee involved shall attempt to resolve the matter on an 3nformal basis with the employee's supervisor. If the matter is not resolved � - 24 - • A.RTICLE XXIII - GRIEVA.NCE 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 fort.h the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violatad, and the relief requested. Any alleged violation of the AGREEMENT • not reduced to writing by the UNION within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written � grievance a designated EMPLOYER supervisor shall meet with the UNION Steward and attempC 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 meetinge The UNION may refer the grievaace in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. �. - 25 - , ARTICLE XXIII - GRIEVEID'CE P�OC�DURE (continued) Step 3e WiLhiZ seven (7) calendar days following receipt of a grievance referred from Step 2 a designated EMPLOYER supervisor shall meet with the UNION Busineas Manager or his designated representative and attempt to resolve the grievanceo Within seven (7) calendar days followiag 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 �ot referred to in writing by the UNION to Step 4 within seven (7} calendar days following receipt of the EMPLOYER'S answer sha11 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 no�ice to the EMP�OYER, request arbitration of the grievance, The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agre�ment of the EMPLDYER and the UNION within seven �7) calendar days afte� netice has been giveno If the parties fail *_o mutually agree upon an axbitrator within the said seven (7) day period, either party may request the Public Employment Relat�on Board to submit a panel of five (5) arbitratorso Both the EMPLOYER and tr�e LrtION shall have the right to strike two (2) names from the ' panel. The UivION shall strike the f3rst (lst) name; the EMPLOYER shall then strike one (1) name, The process will be repeated 2nd �he remaining pe�son shall be the arbitratoro &� - 26 - . ARTICLE XXIII - GRIEVAI�TCE PROCEDURE (continued) 23.5 The arbitrator shall have no right to amend, modify, nullify, ignore, � add to, or suhtract £rom 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 sha11 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 �he parties, whichever be later, unless the parties agree to an extensiono 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) 23.6 The fees and expenses for tha arbitrator's services and proceedings �. shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsibla for compensating its own representative and witn�sseso If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the recordo 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 our work done by the employees 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 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 ma.de only to employers who qualify in accordance with Ordinance No, 14013e � � - 29 - � � �`7181? ' ARTICLE XXV - NON-DISCRIMINATION � 2501 The terms and conditians of this AGREEMENT w�ll be applied to employees equally withaut 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 publica � � - 30 - . ARTICLE XX�'I - SEVERABILITY 26,1 In th� event that any provi�i�n(s) of this AGREEMENT is declared � to be contrary to law by proper legislative, administrative, or judicial authority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. Al1 other provisions shall continue in full force and effecte . 2602 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 �udicial determination. �. �. - 31 - • ARTICLE XXVII - WAIVER � 2�01 The EMPLOYER and the UNION acknowledge that during the meeting and negotiatin� which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employmenta The agreements and understandings reached by the parties after the exerciss of this right are fully and completely set forth in this AGREII�IENTo . 2702 Therefore, the EMPLOYER aad the UNION for the duration of this AGREEMENT agree that the other party shall not be obligated to meet and negotiate over any term or conditions of employment whether specificalZy covered or not specifically covered by this AGREEMENT. The UNION and EMPLOYER may, however, mutually agree to modify any provision of this AGREEMENT. � 2703 Any and all prior ordinaaces, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are ineonsistent with this AGREEMENT, are hereby supersededa �. - 32 - , • ARTICLE XXVIII - CITY MZLEAGE PLE1N 2801 Automobile Reimbursement Authorized: Pursuant to Chapter 92A of the � Sto Paul Legislative Code, as amended, pertaining to reimbursement of City offi�ers and employees for tne use of their own automobiles in the performan�e of their dutias, the following provisions are adopted. 2802 Method of Computation: To be eligible for such reimbursement all . officers and employees must receive written authorization from the Mayoro Reimbursement shall be m�de in accordan:.e with one of the following plans: Type lo For those offi�er� and employees who are required to use their own autemobiles occasionally for official City business, reimbursement at the rate of 14 cents for each mile dr3veno Type 2o For those offieers and employees who are required to use their own automobiles on a regular basis on City business, reimbursement at the rate of $2050 for each day of work, and in additi�n � thereto at the rate of 7.5 cen�s for each mile drivenv _. - - .- _ 28,3 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures fer autcmobile reimbursement, which regulations and rules shall con�ain �re requ:t�ement tha!t recipients �hall file daily reports indicating plate of origin an3 de��ination and applicable mileage ratings thereat and indicating �otal mfl�s driven, �nd shall file manthly affidavits statir.g the nu�b�rs of days warked and the number of miles driven, and furth�r �equired that they maintain automobile liability insurance in . amounts no+� less +�han $100,000�'300,000 fo� personal in�ury, and $25,000 fo� proper�y damagse The�s rules and regulations, together with any amendmen�s tt�ere�o, sha�.l be �ai,ntained on f�le with the City Clerk. �_ - 33 - � ARTICLE XXIX-DURATION A,'�D PLEDGE 29e1 This AGKEII�iENT 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, 1980 � 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 terminate or modify this AGREEMENT, � eff ective 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 AGR�EM�NT may only be so terminated or modified effective as of the expiration date. � 29,.3 In consideration of the terms and conditions of employment estab- lished by this AGREEMENT and the recognition that the GRIEVANCE PROCEDURE herein established is the means by which grievances con- cerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the AGREE�iENT: 29 .31 The UNION and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, will- � fully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful perfor- mance of their duties of employment. � - 34 - . � � � � �'718�.2 ARTICLE XXIX - DURATION AND PLEDGE (continued) 29.32 The EMPLOYER will not engage in, instigate, or condone any lock-out of employees. 29.33 This constitutes a tentative agreement between the � parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City and is also subject to ratification by the ASSOCIATION. AGREED to this 15thday of August, 1978. and attested ro as the full and complete understanding of the parties for the period of time herein speci£ied. by the signature of the following representative for the EMPLOYER and the ASSOCIATION. WITNESSES � SHEET METAL WORKERS INTERNATIONAL CITY OF SAII3T PAUL ASSOCIATION, LOCAL 76 � / ' 1 � ` � /�-t12�. W�• (�y '.. �L.� La or Relations Direct Business Manager Civil Service Commission - 35 - APPENDIX A � The classes of positions recognized by the EMPLOYER is being exclusively represented by the UNION are as follaws: Sheet Meta1 Worker - Foreman, Sheet Metal Worker, Agprentice, • Sheet Metal Inspector; • and other classes of positions that may be established by the EMPLOYER where the duties and responsibilities assigaed comes within the �urisdiction of the UNION. �. � �. - A1 - APPENDIX B � Tool Box Whitney, Small Cresent Wrench or set of Open End Wrenches Center Purches Hacksaw Frame . Chisels Small Hand Tongs 6' Folding Rule Screw Driver Scratch Awls Pliers Snips, Straight-aviation L and R Hammers (Tinners) �.. Dolly Bar Combination Square Prick Punch 10' Tape Dividers �. - Bl - • �~118�� 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 I2.2 shall be: Effective Effective May l, 1978 May 1, 1979 Sheet Metal Worker. . . . . . . . $11.40 $12.17 Sheet Metal Worker-Foreman. . . . $12.13 $12.89 The basic hourly wage for temporary and emergency employees appointed to the following classes of positions shall be: Effective Effective May 1, 1978 May 1, 1979 Sheet Metal Worker. . . . . . . . $11.86 $12.66 Sheet Metal Worker-Foreman. . . . $12.61 $13.41 Apprentice 0 - 6 months . . . . . . . . 50% of Sheet Metal Worker rate 7 - 12 months . . . . . . . . 55% of Sheet Metal Worker rate 13 - 18 months . . . . . . . . 60% of Sheet Metal Worker rate 19 - 24 months . . . . . . . . 65% of Sheet Metal Worker rate 25 - 30 months . . . . . . . . 70% of Sheet Metal Worker rate 31 - 36 months . . . . . . . . 75% of Sheet Metal Worker rate 37 - 42 months . . . . . . . . 80% of Sheet Metal Worker rate 43 - 48 months . . . . . . . . 90% of Sheet Metal Worker rate The basic hourly wage rate for regular employees appointed to the following classes of positions who are receiving the Fringe Benefits listed in Article I2.2 shall be: - C1 - APPENDIX C (continued) Effective Effective May 1, 1978 May 1, 1979 Sheet Metal Worker. . . . . . . . $10.50 * Sheet rfetal Worker-Foreman. . . . $11.10 * Sheet Metal Inspector . . . . . . $11.07 * *The May 1, 1979 hourly wage rates in this contract will be the rates as shown below less the cost of sick leave usage for 1978 and less the cost of health and life insurance, holiday, pension and vacation for 1979 incurred by the employer for employees in this bargaining unit. Sheet Metal Worker $14.41 Sheet Metal Worker Foreman $15.16 Sheet Metal Inspector $15.16 - C2 - . APPENDIX D �' Effective May l, 1978 the EMPLOYER shall: (1) contribute $ .79 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 Welfare Fund. (2) contribute $ .90 per hour for al.l hours worked by �, participating employees as defined in Articles 12.3, 12.4, and 12.5 of this AGREEMENT to a Pension Fund. (3) deduct $1. 15 per hour for all hours worked from the earnings of participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT, and forward to a Vacation Fund. (4) contribute $ .06 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. All contributions and deductions made in accordance with this Appendix shall be forwarded to depositories as directed by the UNION. The EMPLOXER shall establish Workman's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. 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 esCablished by this AGREEMENT. The actual level of benefits pro- vided to employees shall be the responsibility of the Trustees of the various funds to which the EMPLOYER has forwarded contributions and/or deductions. �' - D1 - �- ; �c'118�� 1978-79 MAINTENANCE LABOR AGREEMENT - between - THE INDEPEIdDENT SCHOOL DISTRICT N0. 625 - and - SHEET METAL WORKERS INTERNATIONAL ASSOCIATION LOCAL 76 zNnEx ARTICLE TITLE PAGE Preamble iii I Purpose 1 II Recognition 2 III Employer Rights 3 IV Union Rights 4 V Scope of the Agreement S VI Pr�bationary Periods 6 VII Philosophy of Employment and Compensation 7 VIII Hours of Work 8 IX Overtime 9 X Call Back 10 XI Work Location, Residency 11 XTI Wages 12 XIII Fringe Benefits 14 XIV Selection of Foreman and General Foreman 15 XV Retiretnent 16 XVI HoZidays 17 XVII Disciplinary Procedures 18 XVIII Ab�ences From Work • 19 XIX Seniority 20 XX Jurisdiction 21 XXI Separation 22 XXII Tools 23 XXIII Grievance Procedure 24 XXIV Right of Subcontract 29 XXV Non-Discrimination 30 XXVI Severability 31 XXVII Waiver 32 XXVIII Mileage-Independent School District No. 625 33 XXIX Duration and Pledge 34 Appendix A A1 Appendix B BI Appendix C C1 Appendix D � D1 - ii - P R E A M B L E This AGREEMENT is entered into on this ���day of 19�sdsf , 1978, between the Independent School District No. 625, hereinafter referred to as the EMF'LOYER and the Sheet Metal Workers International Association Local 76 hereinafter referred to as the UNION. The EMPLOYER and the UNION concur that this AGREEMENT has as its objective the promotion of the responsibilites of the City of Saint Pau1 for the benefit of the general public through effective labor-management cooperation. The EMPLOYER and the UNION both realize that this goal depends not only on the words in the AGREEMENT but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the EMPLOYER, the UNION and the individual employees will best serve the needs of the general public. - iii - ARTZCLE I - PURPOSE �� l.l The E1�iPL0YEt� and the UNION agree that the purpose for entering into this AGREEME1�iT is to: 1.11 Achieve orderly and peaceful relations, thereby establishing a system of urcinterrupted operations and the highest level of employee performaace that is consistent w3.th the safety and well-being of a11 conc$rned; . 1.12 Set forth rates of pay, hours of work, and other conditions of employmeat as have been agreed upon by the EMPLOYER and the Ui�T�ON; 1.T3 Establish procedures to orderZy and peacefully resolve disputes as to the applicatioa or intergretation of this AGREEMENT without loss of manpower productivity. �. 1�,2 The EMPZOYER and the UNION agree that this AGREEMENT serves as a supplement to legislation that creates and directs the EMPLOYER. If aay part of this AGREEMENT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negatiate that part in conflict so that it confozms to the statute as provided by Article 26 (SEVERABILITY). �_ - 1 - � � ,. :. _. __.'-_._... . . .. . . . .... . . . . . . . _. ._-'._.. -,._.�__..._..,--- -- ..-...--�.-... r..,.;,..�,,,..-.,.._. . ,-._..,_.. ._.._:«�'.'__...,. ...-.. . ......_ . . . . _ � ��1���� ARTICLE II - RECOGNITIOv ��_ 2.1 The EMPLOYyR recognizes the UNION as the exclusive representative for collec�ive bargaining purposes for all personnel having an employment status of regular, probationary, provisional, temporary, and emergency employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case Na. 73-PR-513-A dated May 1.5, 1973. 2.2 The classes of positions recognized as being exclusively represented . by the UNION are as listed in Appendix A. � �. �.. - 2 - ARTICLE III - E�°LOYER RIGkTS � 3.1 The Ei1PL0YER retains the righ� to operate and manage al� �anpower, facilities, and equipBent; to establish functions and progra�s; to set and amend budgzt$; to deterciine the utilizat�on of technology; to establ�sh and modify the organizational structure; to sslect, direct, and deternine the number o€ personnel; and to perform any inherent managerial fun�tion not specifically limited by this AGREII�NT. 3.2 Anq '�tern or condizion of empZoyaent" not established by this AGREII�fENT shall remain caith the EMPLOYER to eliminate, modify, or establish following written notification to the UNION. � � - 3 - ARTICLE IV - UNION RIGHTS � 4�1 The EMPL�YER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly LNION dueso Such monies deducted shall be remitted as dizected by the i1NI0N. 4.11 The EMPLOYER shall not deduct dues from the wages of employees covered by this AGREEMENT for any other � labor organization. ' 4.12 The UNEON shall indemaify and safe harmless the EMPLOYER from any and al1 claims or charges made against the EMPLOYER as a result of the imglementation of this ARTICLE. 4.2 The IiNION may designate one (1) e�ployee from the bargaining unit to �' act as a Steward and shall inform th�e IIKPLOYER in writing of such designation. Such employee shall have the rights ana responsibilities as desfgnated in Article 23 (GRIEVA�vCE PROCEDURE) . 4.3 Upon noti£ication to a designated �IPLOYER supervisor, the Business Manager of tha UNION, or his designated representative shall be premitted to enter the facilities of the EMPLOYER wher� employaes covered by this AGREE�I�NT are working, � �, - 4 - � AR'�ICLE V - SCOPE QF T�E AGREE2-1ENT �� 501 This AGREEMENT es*_abZishes the "teras ar.d conditions of employrsent" defined by M.S. 179.63, Subd. 18 for all emplo�ees exclusively represented by the ITNION. This AGRE�N-T sha13. sttperceds such "terms and conditions of employment" established by Civil Servzce Rule, Council Ordinance, and Council Resolution. ,�'F' , �. . �.. - 5 - _. �``118�2 ' ARTICLE VI - PR03ATIO�V�,.R° PERIODS � 601 All personnel, originally hir2d or rehired follawing separation, in a regular employment status shaZl serve a six (6) month's probationary period during which time the employse's fitness and ability to pe�form the class of positions' duties and responsibilities shall be evaluated. 6.Z1 At any tine 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 termin�ted during the probationary period shall receive a written notice of the reason(s) for such termiaation, a copy of which shall be sent to the UI3ION. �" 6.2 Al1 personnel pzoaoted to a higher class of positions shal�. serve a � six (6) monthst promotional prabationary period during which time the employee's fitnesa and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6021 At any time during th� promotional probationary period an employee may be denoted to the employee's previously held class of positions at the discretion of the E?�PLOYER without appeaZ to ths provisions of Article 23 (GRIEVAIvCE PROCEDURE). ' 6.23 An employee demoted during the protional probationary period shall be returned to tYcz enployee's previously held. class oi positions and shall receive a written notice of the reasons for demotion, a �opy of which sha11 be sent to the UNION. �_ - 6 - _ _ __ _.. __ _ ARTICLE VII - PHII:CSOPHY OF Er�LCYMENT AI�� CO`4PENSATIO�i � 7,1 The E�LOYER and the IINION are in full agrae�ent that the philosophy of employ�ent and compensatian sh�ll be a "cash" hourly wage and "industry" fringe b�nefit systetae 7.2 Th$ EMPLOYER shall. compensata employees for all hours worked at the basiC hourly wags rate and hourly fringe benefit rate as • found in Ar�icles 12 (.WAGES) and 13 (FRINGE BENEFITS) . ' 7>3 No other compansation o� fringe benefit shall be accumulatec3 or earned by an em�loyea except as specifically provided for in this AGREEMENT; except those empl.oyees who have individually optionad to b� "grandfa�hered" as provided by 12a2a . �.:� � _ 7 _ ARTICLE VIT_I - HOURS OF jJORiC � 8.1 The n�rnal work day shail be eight (�) consecutive hours per day, excluding a thirty (30) ninute unn�id lunch period, between 7:00 a,mo and 5:30 pom� 8.2 The normal work week shall ba five (5) consecutive normal work days rionday through Eriday. 8.3 If, during the tern 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 th.ough Friday, the UNION agrees to enter into nsgotiations immediately to establish the conditions of such shifts and/or work weeks, 8.4 This section shall not ba construed as, and is not a guarantee of, any hours of work per normal work day or par normal work week. � 8.5 A7.1 employess shall be at the location designated bg their supervisdr, " -- �- � � ready for work, at ths established starting time and sha1Z remain at an assignad work location until the end of the es�tablished work day unless o�therwis� directad by *_h�ir sups�-vis�re 8.6 All employees are subjeyt tss call-ba�k by the EMPLOYER as provided by Article 10 (CALL-BACK)v 8,7 Employess reportirtg for work at the established starting time and for whom no work is availab�.e shall receive pay for two (2) hours, ' at the basic hourly r�.ts, unless notification has been given not to report for work prior to leaving home, or deriag the previous wark day. � _ g _ ARTICLE IX - OVERTIME � 9.1 A1.1 overtine comp�nsated for by �ha Ei�PLOYER must receiv� prior authorization from a designated E�'LOYER supervisor, No overtime work claim wi11 be honored for pay�en*_ or credit unZess approved in advance. An overCime claim will no*_ be honored, even though shown on the tise card, un3e�s the required advance agproval has been obtained. 9e2 The overtime rata of one and one-half (1�) ths basic hourly rate shall be paid for work parformed under the following circumstances: 9021 Time worked in excess of eight (8) hours in any one normal work day and 9e22 Tiae worked en, a sixth (6) day following a normal work week. � °�- 9�3 The overtine rate of two (2) times the basic hourly rare shall be -- _ ._ _ __ _ __ p3id for work performsd under the following circumstances: 9.31 Tim� worked on a hoZiday as defined in Article Z6 (HOLIDAYS) ; 9e32 Time warked on a seuenth (7) day following a normal work wee?t; and 9a33 Time wor�ed in exeess of twelve (12) consecutive h�urs ia a tw�n�y-four (24) hour p�eriod, provided, that all "emergen.cy" work required by "Acts of God" shall be co�pensa*_?d at the rate of one and one-half (12). � 9.4 For the purposes of calculating avertime compensation overtit�e hours worked shall not ba "pyramided", compounded, or paid twice for the same hours worked. �. 9>5 Overtime hours worked as provided by this ARTICLE sha1Z be paid in cash. - 9 - • ARTICLE X - CALL BACK '``~����? � 10�1 Tne E�.'LOXER retains th� right to call back employees before an eaployee has started a normal work day or normal work wee'� and after an employee has completed a no�al work day or no�.al work week. 10,2 Em�loyees called back sha11 receive a minimua of four (4) hours • pay at the basic hourly rateo • 10.3 The hours worked based a a call-back shall be compensated in accordance with Art�cle 9 (OVERTIME), when applicable, and subject to the minimum establish,d bq 1002 above. 10.4 Employees called hack four (4) hou:s or less prior to their normal work day shall complete the norsal work day and be compensated � only for the overtime hours worked in accordance with Article 9 (OVERTIME), � �: - 10 - _ � � �``1��3�? ARTICLE XI - WORK LOCATIO:�, RESIDENCY ,� 11.1 Er�ployees sha11 report t� work lo�atio� as assigned by a designated EMPLOYER suparvisor, Durir.g the noz�al work day employees m.ay be assigned to other work locations at the discretion of the EMPLOYER. 11.2 Employees assigned to work lacations during the nornal work day, other than thair original asaignmznt, and who are required to furnish • their owm transportation shall be compensated for mileaga. ' ' 1]..3 All new employees appoin�ed after January l, 1976, would b� required to reside in the City of Saint Paul within one year of their original appointment, and thareafter would be required to remain within the City limits as lozg as they were employed by the City of Saint Paul. Z1.4 This residency requirement sha11 apply to unclassified employees as ` �" well as classified employees. �- 11.5 Applicants for positions in the City of Saint Paul wil.l not be required --- -" �" to be residents of the City of Saint Paul. lla6 Employees failing to meat the residency requiremsnt will be subject to termination and a hearing process shall be established to determina whPther the resid�ncy requirement was net. �;. '�:- . - 11 - ARTICLE XII - WAG�S 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 provisians of the AGREEMENT, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Artic�e 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 February l, 1975. In order to be eligible for the health benefits under the early retiree provision, the employee must: 12.21.1 Be receiving b�nefits 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 bne of the early retiree plans. 12.21.3 Tnform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early retirement date tha.t he or she wishes to be eligible for early retiree insurance benef its. 12.22 Sick Leave as established by Resolution 3250, Section 35, Subdivision E. 12.23 Vacation as established by Resolution No. 6446, Sectiorc l, Subdivision F. 12.24 Nine (9) legal holidays as established by Resolution No. 6446, Section 1, Subdivision G. 12.25 Severance benefits as established by Ordinance No. 11490 with a maximum payment o.f $4,000. - 12 - ARTICLE XII - W�G�S - �continued) � i2,3 Regular emoloy�ea not covered by thz fringe benefits listed in Article 12.2 shall be cons�dered, for the purposes of this AGREEMENT, participating employ�es. and shall be �omp�nsated in accordance with Article 12.1 (WAGES) and haye fringe benefit contributions and/or daductions made on their behalf as provid�d for hy ArticlQ 13 (FRINGE BENEFITS). • 1204 Provisional, temporary, and emergsncy employees shall be considerad, for the purposes of this AGREEMENT, participating employees and shall be com- pensated in accordanc� with Article 12,1 (WAGES) and have fringe benefit coatributions and/or deductions nade in their behalf as provided for by Article 13 (FRINGE BE�EFITS). 12e5 All regular emploq�es employed after February 15, 1974, shail be cansidered, for the purpose of this AGREEMEI3T, participating employees and shall be � coffipensated in acco�dancz with Article I2e1 (WAGES) and have fringe benefit _ � contributions and/or deductions made on their behalf as provided for-by '��-- ---- ` - Article 13 (FRINGE BENEFITS). �. - 13 - ' ARTICLE hIII - FRINGE BEtiE�ITS �FI ��.J�? � 13�1 The EI�LOYER shall naka conrributions on behalf of and/or make deductions fron the wages of employees covered by this AGRE�DiT in ac�ordance with Appendix D for all hours worked. � � v,� - 14 - , ..�.�..�.�. :�.� : �.-�.�.��__..�.� ___ _. __ ____ _ ARTICLE XIV - SELEGTION OF FOREMAN Ai�TD GENERAL FORE�fii AN � 1G,1 Tha selection of personr.�l for the class of position Sheet Metal Foreaan shall remain solely with the EMPLOYER. 14.2 The class of position Shaet Metal Foreman shall be filled by employees of the baroaining un.it on a "temporary assignment". 14.3 All "temporary assignments" shall be made only at the direction of a desigaated EMPLOYER suparvisor. . .14.4 Such "temgorary assign�ents" shaZl be made only in cases where the class of positioas is vacant for more than one (1) normal work day. � � �_ - 15 - � . 2'7���� � ?,.T�TICLE XV - RETIRE:�IENT � Z�.1 All employeas shall retire froia employnent with the EMPLOYER no later than tha last calendar day of the month in which an enployee becomes sixty-five (65) years old. � �;, - 16 - ...�....,;_..�___:;�_�.. .:-- --:i..._._...._.._......_.. .. __. .., _ . . -. . __. . ...._. � __ .y _�,..__ ARTICLE YVI - HOLIDAYS �` 1601 The following nine (9) days shall be designatect as holidays: �. New Year's Day, January l President's Day, Third Monday in February Memorial Day, last Monday in May � Independencs Day, July 4 Labor Day, first Monday in September Columbus Day, sacond Monday in October • Veteran's Day, November 11 Thanksgiviag Day, fourth Thursday in November Christmas Day, December 25 16.2 When New Year's Day, Independence Day or Christrsas Day falls on a Sunday, the following Monday shall be considered the designated � holiday. WEien any of these three (3) holidays falls on a Saturday, the preceding Friday shall be cansidered the desionated holiday. _ 16.3 The nine (9) holidays shall be considered non-work days. 16.4 If, in the �udgment of the EMPLOYER, personnel are necessary for operaCing or emergency reasons, employees may be scheduled or "callad back" in accordance with Article 10 (CALL BACK) . 1605 Employees workiag on a designated holiday shall he compensated at the rate of two (2) tiaes the basic hourly rate for all hours worked. 16.6 In the case of Board of Education employees, if Presideat's Day, Columbus. Day, or �'eteransT 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 enployee and his supervisor. _ 1� _ ' � ARTICLE XVII - DISCIPLINARY PROCEDURES ���(J�r�.� �\ 17.I The ErIPLOYER shall have the right to inpose disciplinary actians on employees for just causa. I7.2 Disciplinary actions by the EMPLOYER shall include only the following actions: I7.21 Oral reprimand • 17.22 Written reprimand 17.23 Susgension 17.24 Demotion � 17.25 Discharge 17.3 Employees who are suspeaded, 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 � Commissian, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appeal of a suspension, demotion, or discharge shall be considered a "grievance" for the purpose of processing through the provision� of Article 23 (GRIEVANCE PROCEDL'RE) . �t - 18 - ARTICLE XVIII - ABSENCES FROM WORI{ � 18.1 Employees who are uaabZe to report for their normal work day have . the responsibility to no�ify their supervisor of such absence as soon as possibZe, but in no event later than the beginning of such work day. 18.2 Failure to make such notification nay be grounds for disciplina ' as provided in Article 17 (DISCIPLINARY PROCEDURES). ' 18.3 �ailure to report for work without notification for three (3) consecutive norr�a.l work days ma.y be considered a "quit" by the EMPLOYER on the part of the employee. � � - 19 - n�.,.....ti..:-. .... L._ ..<: .. __..:.�.,,. .. . r..,. ,::..._.. ..� ::. _ _ _.. . . . , .._,,. .,.�._... - .._..,...z_. .._....� �. ... ._ ARTICLE XIX - SENIORITY � 19e1 Senioriry, for the purposes of this AGREEMENT, shall be defined as follows: 19011 "Master Seniority" - the length of continuous regular and probationary service with the EMPLOYER from the last date of eaployment in any and all class titles covered by this AGREEMENT. . 19e12 "Class Seniority" - the length of continuous regular . and probationary service with the EMPLOYER from the date an employee was first a�pointed to- a class title covered by this AGREEMENT. 19.2 Seniority shall not accumulat�e during an ungaid leave of absence, except when such a leave is granted for a period of Iess than thirty � � (30) calendar days; is granted because of iZlness or in�ury; is granted to allow an emgloyee to accept an apgointment to the uncl.assified sarvice of the EMPLOYER or to an elected or appointed full-time position with the UNION. 19.3 Seniority shalY 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 csn inverse length of "Class Seniority." Employees laid off shall have the right to reinstatement in any Zower-pai@ class _ title, provided, employee has gr�ater "Master Seniority" than the employee being replacedo 19>5 The selection ot vacation periods shall be made by class title based on � length of "Class Seniority", subject to the approval of the EMPLOYER. - 20 - , • ARTICLE � - JURISDICTION ,�+r11(J�? 20.1 Disputes concerning work �urisdiction between and anong uni.ons is � �' recognized as an appropriare subject for determination by the various unions representing e�ployees of the EMPLOYER. 20.2 The E`ZPLOYER agrees to be guided in tne assignment of work jurisdiction by any mutual agreements between the unions involved. • 20.3 In the event of a dispute coneerni.ng the performance or assignment o£ work, the unions involvad and the EMPLOYER shall meet as soon as mutually possible to resolv� the dispute. Nothing in the foregoing shall restrict the right of the Erff'LOYER 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 PROCEDIJRES). 20.5 There shall be no work stoppage, slow dowri, or any disruption of work resulting from a work asaignment. �_ - 21 - ' A�ZTICLE XXI - SEPARATION 21.1 Employees having a probaCionary or regular emplayment status shall �" be considered separated from employment based on the following. ac*_ions: 21.1I Resignation. Employees resigning from employment shall give written notice fourteea (14) calendar days prior to the effective date of the resignation. � 21.12 Retirement. As provided in Article 150 21.13 Discharge. As provided in Article 17. 21.14 Failure to Report for Duty. As pravided in Article 18. 21e2 Employees having an emergency, temporary, or provisional employmsnt status may be terminated at tha discretion of ths EMPLOYER before the completion of a nor�al work day. � � �_ - 22 - .... � , , , .<.� ,.�n. ,.�, .,. :._ ::... .. ._ _ .. . . , , . ARTICLE X.YII - TOOLS 22e1 All empl.oyees sha11 persor.nally provid� themselves with the tools � of the trade as listed in Appendix B. � �. - 23 - . , . . . _ � p ARTICLE XXIII GRIEVAVC.. PROCEDUR� ' � � o UNION 23,1 The E�IPLOYER shall re..00nize Stewards seleeted in accordance with � rules and regulations as thejgrievance representative of the bargaining unit. The WiION shall noti€yt the EMPLOYER in writing of the names of the Stewards and of their suQCessors when so named. 23,2 It is recoonized and accepte'd by the E`��IPLOYER and the iJI�iI0;1 that th e . processing of grievances as ;hereinafter provided is limited by the job duties and responsibilities ;of the employees and shall therefore be accomplished durino working�lhours only when consistent with such employee duties and respons�ibilities. The Steward involved and a grieving enployee shall sufjfer no loss itt pay when a grievance is pro- cessed during working hour�, provided, the Steward and the employee have notified and received the �.pproval of their supervisor to be absent to process a grievance and th�at such absence would not be detrimental to � the work programs of the E�IPLOY�R. 23.3 The rocedure established �lb this ARTICLE shall be the sole and exclusive ' P � Y procedure, except for thejappeal of disciplinary action as provided by 1703, for tha processing bf grievances, which are de=ined as an alleged violation of the terms aryd conditior_s of this AGRE�MENT. 2304 Grievances shal7. be resolved in conformance with the following procedure: Step Ia Upon the occure}�ce of an alle.ged violation of this . AGREE_�IENT, the jemployee involv�d shall atterapt to resolve the ma�'ter on an infor�al basis with the employee's sup�rvisoro If the matter is not resolved � - 24 - _ _ . � _ _ ...�.. ...__..... .�.., .._ . . ' �'7181� � ' • A.RTICLE XXI�I - GRIEVANCE P'�,ROCEDURE (cor.�imaed) ^'' - to the employ�e's satisfaction by the informal discussioa � it may be redi�ced to writing and referred to Step 2 by the UDIION. Ttie written grievance shall set forth the nature of the ��grievance, the facts on which it is based, _ the aileged se�tion(s) of the AG�tEEMENT violated, and the reZief raquest�d. Any allegzd vioZatian of the AGR��NT • not reduced to '�,writing by the UNION within seven (7) caZendar days o�,f the first occurrence of the event giving rise to the gri�vance or within the use of reasonable diligence shaulc� have had knowledge of the first occurrence of the event gi�ing rise to *_he grievance, shall be considered waived. . Step 2. Within seven (7) �'�, calendar days after receiving the written I � grievance a desi�nated �IPLOYER supervisor sha11 meet with the IlNION Stewarc� and attempt to resolve the grievance. If;- --=°- as a result of th'3s meeting, the grievance remains unresnlved, the EMPLOYER shal�. repyy ir. writing to the UNION within three (3) calendar days fol�.owing this meetiag, The UNION may refer the grievance in writ�ng to Step 3 within seven (7) calendaz days following rec�ipt ��pf the E.�LOYER�S written answer. Any grievance not referred in wr�.t3ng by the tNION within seven (7) calendar days following rec�ipt of the EMPLOYER'S answer shall be co*�sidered waived. '�, �__ - 25 - �- ARTICLE XXIII - GRIEVA.�CE PROCEBU:RE (c�a�inued) Step 3o Wiyhin seven (7) calendar days following receipt of a grievanc� �, referred from Step 2 a designafed E�IPLOYER sup2rvisor shall meet wi�th the Li�tlOV Businass Manager or his designated representative and attempt to resolve the grievancee Within seven (7) calenda� days following this nesting the EMPLOYER sha],I reply in writing to the UNION stating *_he II�LOYER'S answer concerning the grievance. If, as a result of rhe wri�ten response the grievance remains ' . unresolved, the tNION may refer tha grievance to Step 4. Any grievance nct refsrred to in writing by the UNION to Step 4 within seven (7) calendar days followir.g receipt of the EMPLQYER'S answer shall be cansidered waived. : Step 4. If the grievanc� remaias unresolved, the IJNION may within seven (7} calendar days after the response of the �MPLOYER in Step 3, by �, - written notice to tha E�fPLOYER, request arbitration of the grievane�o--- - The arbitration proce�dings shall be conducted by an arbitrator to be selected by mutual agre�menfi of the EMPLOYER and the UNION within seven (7) calendar day� 3fter netice has been given> If the parties fail to mutually agree upon an a�bitrator withi:n the said seven (7) day period, either party may request the Public Employmant Relation Board to sub�nit a panel of five (5) arbitratorse Both the EMPLOYER and the Wi ION shall. ha�te the right to strike two (2) names from the ' panel. The UNIO�t shall strike the first (lst) name; the EMPLOYER shall then strilce ona (1) name, The pracess wi11 be repeated and the remaining p�rson shall be the arbitratoro �,._ - 26 - / , .....,�.._ _.__...�_ ... ,._,._ _._..__. ..,. _ ,.. .. _.. . . __..... .. __.._._._�. _ ... __. ARTICLE ��III - GRIEV��iCE PFcOCEDURE (continued) 23.5 The arbitrator shall have no rignt to amend, modify, nullify, ignore, � add to, or subtract from the pzovisions of this AGREEMEDIT. The arbitrator shall consider and decide on3.y the sgacific issue submitted in writing by the EMPLOYER and the WIO:T and shall have no authority to make a decision on any othar issue not so s4bmitted. The arbitrator shall be without power to nake decisions cantrary to or inconsistent with or modifyircg 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 writir.g withia thirty (30) days following close of the hearing or the submission of brief5 by tha parties, whichever be later, unless the parties agree to an extension> The decision sha11 be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of Che grievance presented. The decision of the arbitrator sha7.1 � be final and bindino on the EMPLOYER, the UNION, and the enployees. � - 27 - ARTICLE XXIII - GRIEVAivCE PR�CEDURE (con�inued) 23.6 The fees and expenses for Lha arbitrator's services and proceedings � shall be borne equally by the ELIPLOYER and the INIOV, provided that each party sha11 be respoasible for compensating its own representative and witnesseso If eithar p�rty desires a verbatia record of the proceedings, it may cause such a record to be �ade 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 UNIONa �' • '�..- �._ - 28 - .. . %. . . . .. �. ...+...,.._....,.,.�.;..�-.�.,.. , ,_. _._ ...__ ._.._._ ... ..,..__ ,... _.."",.. _ _. ... . . . ...... .... . ... _.... . . ......_.... . _ . .... __......_.�.-......_.._....�-..._...........-.....�_.�..,>....�.....rw . ARTICLE XXIC - RIGHT GF SUBCO:VTR�CT � 24,1 The EMPLOYER �ay, at any time duriag the duration of this AGREEi�NT_, contract our work done by the employees covered by this AGREEMEDtT. In the avent thaL such contracting would result in a reduction of the work force covered by this AGRE�ir.NT, the �IPLOYER shall giva the UNIOV a ninety (90) calendar day notice of the intention to sub-contract. 2402 The sub-contracting of work done by ths employees covered by this AG��fENT shall in a17. case� be made only to employers who qualify in accordance wi�h Ordinance Noo 14Q13a � � - 24 - ..i...<.�,.a..a<�.;-._:..:.�,c<�..-._�......._..�:_.......-..�-.._.,.;__.,�..._ .�__._.,�... .. ...... _....._-........... ....... ..._...,.._�_._..,�.r..._.,.._ . �i.��. �.,•..—._.._...0..�....-....... .... . . . � ��la��s�� � ARTICLE XXV - NON-DISCRII�IINATIOv � 25.1 The tertas and conc�itioas of this AG���NT 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 n2mbership or non-membership in the INIO�i. 25.2 Employees will p�rform their duties aad responsibilities in • a non-discriminatory mannar as such duties and responsibilities involve other e�ploye�s and tha genaral publico �. � �. - 30 - / . � __ __. . ._. .... _. . _ _ _ _ _- � ARTICLE �VI - SEVERABILITY 26e1 In the ever.t that any provision(s) of this AGRr.F�iENT is declared � to be contrary to law by prop�r legislative, administrative, or judicial authority from wnose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. AlI other provisioas shall contir.ue in full forca and effecte , 2602 The parties agree to, upon w?-itten notice, enter into negotiations to place ths voided provisions of the AGREEMENT in conpliance with the le�isla�ive, administrative, or 3udicial determination. � �. - 31 - A.RTICLE XXviI - WAIVER � 2701 The E:�LOYER and th2 UNIC� ac�nowledge that during the �eeting and negotiating which rasulted in th�s AGREE��iENT, each had the right and opportunity to maka pr000sals with respect to any subject concerning the terms and conditions of employment. The agree�ents and ur_derstandzn�s reached by the parties a£ter [he exercise of this right are fully and conpletely set forth in this AGRE�iENTo ;.. .. 2702 Therefore, the EMPLOYER and the U:tIOV for the duration of this AGREEMENT agree that rhe orher party shall not be obligated to meeC and negotiata over any term or conditions of employment whether specifically covered or not specificallp covered by this AGREEMENT. The UNIOiV and �LOYEt� may, however, mutually agree � to modify any provision of this AGREEriENT. � - 2?03 Any and all prior ordinances, agreements, resolutions, practices, � � -�- �- policies, and rules or regulationa regarding the terms and conditions of employment, to the extent they are inconsistent with this AGREEMENT, are hereby supersededo �_ - 32 - ' ARTICLE XXVZ�I MILEAGE-INDEPENDENT SCHOOL DISTRICT ��625 28.1 Employees of the School District under policy adopted by the �` Board of Education may be reimbursed for the use of their auto- mobiTes for school businesso To be eligible for such reimbursemenz, employees must receive authorization from the District Mileage Comsnittee utilizing one of the following plans: PLAN "A" is reimbursed at the rate of 15� per mile. . In addition, a maximum amount which can be paid per month is established 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 position. Under this plan, it is necessary for the employee to keep a record of each trip made. PLAN "C" provides for reimbursemant based on a per mon�'lump sum" amounte 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 number of days the car was avail- _ _.._ ___. _ able during the month. A deduction must b� made from the lump sum amount for each day the employee is on vacation. A deduction need not be made for an occasional day of illness or for holid�y. �. - 33 - � � ARTICLE XXIX-DURATI0:1 ADID PLEDGE 2901 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 eff ect through the 30th day of April, 1980 � 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 parey desires to terminate 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 effective as of the expiration date. � .T. 29..3 In consideration of the terms and conditions of employment estab- lished by this AGREEMENT and the recognition that the GRIEVANCE PROCEDURE herein established is the means by which grievances con- cer�ing its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the AGREEMENT: 29 .31 The IJNI0:1 and the employees will not engage in, instigate, or condone any concerted action in which employees f ail to report for duty, will- � fully absent themselves from work, stop work, �low dawn their work, or absant themselves in whole or part from the full, faithful perfor- mance of their duties of employment. � - 34 - � ARTICLE XXIX - DURATION AND PLEDGE (continued) 29.32 The EMPLOYER will not engage in, instigate, or condone any lock-out of employees. 29.33 This constitutes a tentative agreement between the parties which will be recommended by the School Board Negotiator, but is sub�ect to the approval of the School Board, the Administration of the City and is also subject to ratification by the Association. AGREED to this 15th day of August,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 ASSOCIATION. WITNESSES: SHEET METAL WORKERS INTERNATIONAL INDEPENDENT SCHOOL DISTRICT N0. 625 ASSOCIATION, LOCAL 76 1' � � , ,; � �/��/�� v _`// /1`/ \/�/ /L��-'(�,/.!�� /�. �.�-�J_l�(��C I School Board Negotia.tor Business Manager Superintendent, Independent School District No. 625 Civil Service Commission ,.- :` � � � i - 35 - � . �~11.8�.`��, APPENDIX A ,�� �• The classes of positions recognized by the E:*4PLOYER is being exclusively represented by the UNION are as follows: Sheet Metal Worker - Foreman, Sheet Metal Worker, Appreatice, � Sheet Metal Inspector; • and other classes of positions that may be established by the EMPLOYER wttere the duties and responsibilities assigned comes within the juri.sdiction • of the IINIOV. � : � - Al - s - ` APPENDI�i B � Tool Box Whitney, Sma11 - Cresent W�ench or sst of Opan End Wxenches Center Purchea Hacksaw Frame , Chisels - Small Hand Tongs 6' Folding Rule Screw Driv$r Scratch Awls Pliers Snips, Straight-aviation L and R � Harsmers (Tinners) Do].ly Bar Combination Square � Prick Punch 10' Tape Dividers � - Bl - 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 May 1, 1978 May 1, 1979 Sheet Metal Worker. . . . . . . . $11.40 $12.17 - Sheet Metal Worker-Foreman. . . . $12.13 $12.89 The basic hourly wage for temporary and emergency em.ployees appointed to the following classes of positions shall be: Effective Effective Ma.y 1, 1978 Ma.y 1, 1979 Sheet Metal Worker. . . . . . . . $11.86 $12.66 Sheet Metal Worker-Foreman. . . . $12.61 $13.41 Apprentice 0 - 6 months . . . . . . . . 50% of Sheet Metal Worker rate 7 - 12 months . . . . . . . . 55% of Sheet Metal Worker rate 13 - 18 months . . . . . . . . 60% of Sheet Metal Worker rate 19 - 24 months . . . . . . . . 65% of Sheet rietal Worker rate 25 - 30 months . . . . . . . 70% of Sheet rSetal Worker rate 31 - 36 months . . . . . . . . 75% of Sheet Metal Worker rate 37 - 42 months . . . . . . . . 80% of Sheet Metal Worker rate 43 - 48 months . . . . . . . . 90% of Sheet Metal Worker rate The basic hourly wage rate for regular employees appointed to the following classes of positions who are receiving the Fringe Benefits listed in r�rticle I2.2 shall be: - C1 - � � APPENDIX C (continued) Effective Effective May 1, 1978 rtay 1, 1979 Sheet Metal Worker. . . . . . . . $10.50 * Sheet Metal Worker-Foreman. . . . $11.10 * Sheet Metal Inspector . . . . . . $11.07 '� *The riay 1, 1979 hourly wage rates in this contract will be the rates as shown below less the cost of sick leave usage for 1978 and less the cost of health and life insurance, holiday, pension and vacation for 1979 incurred by the employer for employees in this bargaining unit. Sheet Metal Worker $14.41 Sheet Metal Worker Foreman $15.16 Sheet Metal Inspector $15.16 - C2 - � APPENDIX D '�F/ ���,� , � Effective May 1, 1978 the EMPLOYER shall: (1) contribute $ .79 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 Welfare Fund. (2) contribute $ .90 per hour for all hours worked by .. participating employees as defined in Articles 12.3, 12.4, and 12.5 of this AGREIIKENT to a Pension Fund. �� (3) deduct $1.15 per hour for all hours worked from the earnings of participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT, and forward to a Vacation Fund. (4) conrribute $ .06 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. All contribueions. and deductions inade ia accordance with this Appendix shall be forwarded to depositories as directed by the UNION. The EMPLOYER shall establish Workman's Compensation and Unemployment Compensatian programs as required by Minnesota Statutes. The EMPLOYER'S fringe benefit obligation to participati,ng 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 pro- vided to employees shall be the responsibility of the Trustees of the various funds to which the EMPLOYER has forwarded contributions and/or deductions. �: - DI -