The URL can be used to link to this page

271813 TE - GTV CLERK ' - FINANCE GITY OF SAINT PAUL Council (�(� RV - DEPARTMENT File NO. ��+�+ BLUE - MAVOR oun 'l Resolution Presented By Referred To Committee: Date Out of Committee By Date .An administrative Resolution approving the terms and conditions of 1978-1979 Maintenance Labor Agreements between the City of St. Paul, Independent School District No. 625, and the Pipefitters Local 455. 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 Pipefitters Local 455, 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-480-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 represen- tatives hereinabove referenced; and WHEREAS, the City, through designated representatives, and the exclusive representatives have met in good faith and negotiated the terms and conditions of employment for the period 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 representatives; and WHEREAS, 1978-1979 Agreements have been reached which include a wage adjustment retroactive to June 1, 1978; now, therefore, be it -1- COUNCILMEN Requested by Department of: Yeas Nays Butler In Favor Hozza Hunt Levine __ Against BY — Maddox Showalter TedesCO Form Approved by City Attorney Adopted by Council: Date Certified Passed by Counc.il Secretary BY gy, t#pproved by ;Vlavor: Date Approved by Mayor for Submission to Council BY - — BY ��+` Do n�t dptaGh tt�is memorandum from �he � resolution so t�iat .thls lnforrnation witt be . � Di: 12(19!75 � • . . availabte to the C�! �� Rev.: 9/al�G � y � ��s�►��o��= 18�� : . � BBSOL�TI�TS�� AIQI� OSDZ�N�S , .._... .� �.. �,. RECEIVED , � n�q: , a.ugust 22, i 97s SEf' 1 197� , ��r� � � . � . �0s MAYOR G�E LATIMER � : t F�: 1'ars�xtae3. Of��.ce . ' ,�: , A . ,, ; : S,Ea Re�eo�utiQa for aubmiseiot� to City Couacil �, . .. . ��..�T� . . ` � Ws �MI!�amo�d Foar. approval and submisefo� o£ this Reaolutf.oa tc� �he Ci�y Couacil. � i , 1 ;I ; 'r. �,�_� P��?RATION�E FOR THI� ACTION: ; Thie Reselutiaa approves the 1978-79 Maintenance Labor Agreements betweea the � ; C3ty mf St. Pa�]., Independeat School District No. 625, a�.d the Pipefitters Loca1 No. � �' 455. �'The Agreementa ca1T for a total package increase of 9i� per hour for 1978 aad r � ' 8U� per hour for 1979 for the Jonrneyma.n. � � ' . 4 i The Imapectors a.n.d Foremen�s total package increase ia $1. 16 per hour for 1978 an� 8.0�` .fax 1q79. These i.ncreases are in a�ccflrdance with the outside union settleme�t. , . . ' .. . ' . . 6 . . The City Mileage Allowance is aleo beiag increased 1� per mi1e. > -:i , ,. , �- _ . ; . . � �►��S� • Resolntiqn, two Labor Maintenance Agreements and copy for City Cle""rk. . , .: ,. . , . ,� . .. ... • : _.. .. r� . �� „ �� /�� ii� �+ 4 Civil Service Commission S � ' ' 'i PA V� Director of Personnel Mr.A.R.(Dick)Zangs,Chairman � � � + Thomas D. Gleason Dr.George O. se�ry PERS ' L OFFICE Mrs. Marylyn Deneen �� Assistant Director Bernard P.Wright � � � � ■ � ��r�� ST. PAUL, MINNESOTA 55102 September 14, 1978 Mr. David Hozza President, St. Paul City Council and Honorable Members of the Council Dear Mr. Hozza and Council Members: There is a Resolution scheduled for second reading on September 19, which approves the 1978-1979 Agreements between the City of Saint Paul, Independent School District No. 625 and the Pipefitters Local No. 455. In preparing the paragraph in Appendix C which defines the formula for determining the June 1, 1979 rates, the Holidays and Pension costs were inadvertently omitted. The inclusion of these costs were previously agreed to by both parties. Therefore, we are requesting that the attached Appendix C's be substituted for the Appendix C's that are currently part of the agreements. Thank you. Very truly yours r,��,�y ^ ,/�`.'. � / James C. Lombardi ` Personnel Assistant Attachment cc: R. Lowe, Pipefitters Local 455 P. Byers, School Board Negotiator % �`'�, Approved: `"� /--- ` � .�- �;, � Chai rman Civil Service Co` mission 2,�RN A ir�� . ,f 4! v z � O ��M � o Q ZF� 'y�,�' �'�VAGEMENt MEMBER WHITE - CITV CLERK COUIICII �r - FINANCE V - DEPARTMENT GITY OF SAI�NT PAUL File NO. � 11813 BLUE - MAYOR Council Resolution Presented By Referred To Committee: Date Out of Committee By Date 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 Pipefitters Local 455, 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: Chairman Civil Service Commissi COUNCILMEN Yeas Nays Requested by Department of: Butler In Favor 1'ERSONNEL OFFICE Hozza � .. Hunt , O ,... . ; ; Levine _ __ Against BY Maddox Showalte Ted SEp � 9 1978 Form pprove by it orney Adopted Council• Date Cer ied Y�: by C ecretary � � S� Z'S `� Ap rov d y Mayor f r S mi i n to C uncil /1p ved by 17avor. D e — gy _ B �B�ISHED S�P � � 19� � . APPENDIX C The basic hourly wage rates for employees covered by this AGREEMENT shall be as follows: RATE EFFECTIVE RATE EFFECTIVE JiTNE 1, 1978 JUNE 1, 1979 Regular, Probationary and Provisional Pipefitter $10.55 $11.32 Pipefitter Foremaa $11.51 $12.28 Ref'rigeration, Gas and Oil Serviceman $10.55 $11.32 Temporary and Emergency � Pipefitter* $10.97 $11.77 Pipefitter Foreman $11.97 $12.77 Refr�geration, Gas and Oil Serviceman* $10.97 $11.77 Regular and Probationary Employees who have been"�randfathered" Pipefitter $I1.03 ** Pipef itter Foreman $11.87 '�'� Mechanical Inspector $11.59 ** Senior Mechanical Inspector $12.12 ** Gas Burner Inspector � $11.59 ** Refrigeration Inspector $11.59 ** *The following shall be applicable to any Apprentices: 0 - 6 months. . . . . . . . . . . . . . 50% of Journeyivan Rate 7 - 12 months. . . . . . . . . . . . . . 55% of Journeyman Rate 13 - 18 months. . . . . . . . . . . . . . 60% of Journeyman Rate 19 - 24 months. . . . . . . . . . . . . . 65% of Journeyma.n Rate 25 - 30 months. . . . . . . . . . . . . . 70% of Journeyman Rate 31 - 36 months. . . . . . . . . . . . . . 75% of Journeyman Ra.te 37 - 42 months. . . . . . . . . . . . . . 80% of Journeyman Rate 43 - 48 months. . . . . . . . . . . . . . 85% of Journeyman Rate 49 - 54 months. . . . . . . . . . . . . . 90% of Journeyman Rate 55 - 60 months. . . . . . . . . . . . . . 95% of Journeyman Rate **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, vacation, holidays and pensions for 1979 incurred by the employer for employees in this bargaining unit. Pipefitter $14.39 Pipefitter Foreman $15.39 Mechanical Inspector $15.39 Senior Mechanical Inspector $16.04 Gas Burner Inspector $15.39 Refrigeration Inspector $15.39 - C1 - J' ♦ ,T f APPENDI.X C The basic hourly wage rates for employees covered by this AGREEMENT shall be as follows: RATE EFFECTIVE RATE EFFECTIVE JUNE . 1, 1978 JUNE 1, 1979 Regular, Probationary and Provisioaal Pipefitter $10.55 $11.32 Pipefitter Foreman $11.51 $I2.28 Ref"rigeration, Gas and Oil Serviceman $10.55 $11.32 Temporary and Emergency � Pipefitter* $10.97 $11.77 Pipefitter Foreman $11.97 $I2.77 Refr�geration, Gas and Oil Serviceman* $10.97 $11.77 Regular and Probationary Employees who have been"grandfathered" Pipefitter $11.03 ** Pipef itter Foreman $11.87 *� Mechanical Inspector $11.59 ** Senior Mechanical Inspector � $12.12 ** Gas Burner Inspector - $11.59 ** Refrigeration Inspector $11.59 ** *The following shall be applicable to any Apprentices: 0 - 6 months. . . . . . . . . . . . . . 50% of Journeyman Rate 7 - 12 months. . . . . . . . . . . . . . 55% of Journeyman Rate 13 - 18 months. . . . . . . . . . . . . . 60% of Journeyman Rate 19 - 24 months. . . . . . . . . . . . . . 65% of Journeyman Rate 25 - 30 months. . . . . . . . . . . . . . 70% of Journeyman Rate 31 - 36 months. . . . . . . . . . . . . . 75% of Journeyman Rate 37 - 42 months. . . . . . . . . . . . . . 80% of Journeyman Rate 43 - 48 months. . . . . . . . . . . . . . 85% of Journeyman Rate 49 - 54 months. . . . . . . . . . . . . . 90% of Journeyman Rate 55 - 60 months. . . . . . . . . . . . . . 95% of Journeyman Rate **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, vacation, holidays and pensions for 1979 incurred by the employer for employees in this bargaining unit. Pipef itter $14.39 Pipefitter Forema.n $15.39 Mechanical Inspector $15.39 Senior Mechanical Inspector $16.04 Gas Burner Inspector $15.39 Refrigeration Inspector $15.39 - C1 - � ��'�� 1978-1979 MAINTENANCE LABOR AGREEMENT - between - THE CITY OF SAINT PAUL - and - UNITED ASSOCIATION, PIPEFITTERS LOCAL 455 I N D E X ARTICLE TITLE PAGE Preamble iii I Purpose 1 II Recognition 2 III Employer Rights 3 IV Union Rights 4 V Scope of the Agreement 5 VI Probationary Periods 6 VII Philosophp of Employment and CompensatYOn 7 VIII Hours of Work 8 IX Overtime 9 X Call Back 10 XI Work Location, Residency 11 XZI Wages 12 XIII Fringe Benefits 14 XIV Selection of Foreman arid General Foreman 15 XV Retirement 16 xvz xoi�aays i� XVIZ Disciplinary Procedures 18 XVIII Absences From Work 19 XIX Seniority 20 XX Jurisdiction 21 XXI Separation 22 XXII Tools 23 XXIII Grievance Procedure 24 XXI�' Right of Subcontract 29 XXV Non-Discrimination 30 XXVI Severability 31 XXVII Waiver 32 XXVIII City Mileage Plan 33 XXI� Duration and Pledge 34 Appendix A A1 Appendix B B1 Appendix C C1 Appendix D D1 Appendix E E1 - ii - k. ..;...,._...��..:...�..�.�.- _..::.......,t,.�:.........��a.s .�:.,,�:.?....+�ra+r...,,,.�+.s...�w:e.......r....., u...:.,r.,�,w,..�c...,,.�.�._«_:.....-a..n..-..�...,...-........ �........�..:..a. ,.:. .....,am...._..._...............�..a...r. ..�....c...�..�-..... P R E A M B L E This AGREII�NT is entered into on this 22nd day of August , 1978, between the City of Saint Paul, hereinafter referred to as the EMPLOYER and the United Association, Pipefitters Local 455, hereinafter referred to as the UNION. The EMPLOYER and the UNION concur that this AGREEMENT has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. The EMPLOYER and the UNION both realize that this goal depends not. only on the words in the AGREEMENT but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the City, the UNION, and the individual employees wi11 best serve the needs of the general public. - iii - � 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 gerformance that is consistent with the safety and well-being of all concerned; 1.12 Set forth rates of pay, hours o£ 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 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 confliGt so that it conforms to the statute as provided by Article 26 (SEVERABILITY) . . � - 1 - a ��.�� 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 cert3.fied by the Bureau of Mediation Services in accordance with Case No. 73-PR-480-A dated April 16, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. V��. � - 2 - i ARTICLE III - EMPLOYER RIGHTS � 3.1 The EMPLOYER retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number �f 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 - UNION RIGHTS � 4.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION duese Such monies deducfed 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 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 UNIQN may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the EMPLOYER in writing of such �. designation. Such employee shall have the rights and responsibilities as designated in Article 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 employees covered by this AGREEMENT are working. � - 4 - \ ARTICLE V - SCOPE OF THE AGREEMENT � 5.1 This AGREEMENT established the "terms and conditions of employment" defined by M.S. 179>63, Subd. 18 for all employees exclusively represented by the UNION. This AGREEMENT shall supercede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolutiono � � - S - ` �r��_'1.7�� 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 f itness and ability to perform the class of positions' duties and responsibilities shall 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 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 perform the class of positions' duties and responsi- 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 rece�ve a written notice of the reasons for demotion, a copy of which shall be sent to the UNION. � - 6 - ti. �I��V ARTICLE VII - PHILOSOPHY OF EMPLOYMENT AND COMPENSATION � 7.1 The EMPLOYER and the U�tION are in fu11 agreement that the philosophy of employment and compensation shall be a "cash" hourly wage and "industry" fringe benefit systeme � 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 12.2. � �. - 7 - ARTICLE VIII - HOURS OF WORK 8.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 8.2 The normal work week shall be five (S) consecutive normal work days Monday through Friday. 8.3 If, during the term of this AGREEMENT, it is necessary in the EI�LOYER'S 3udgment to establish second and third shifts or a work week of other than Monday through Friday, the UNION agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal 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 otherwise directed by their supervisor. 8.6 Al1 employees are subject to call-back by the EMPLOYER as provided by Article 10 (CALL BACK) . 8.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. 8.8 Standby. Any Refrigeration, Gas and Oil Servieeman who is required to be avail- able for emergency service work on weekends and holidays shall be guaranteed work or wages and fringes equivalent to: . 40 minutes for Friday nights 80 minutes for Saturday and Saturday night 80 minutes for Sunday and Sunday night or 80 minutes for any holiday and holiday night of such 24 hour shift. Al1 of the above at time and one-half rate. If the employee is called in for work, the above time shall be a part of, not in addition to, the time worked. - 8 - ARTICLE IX - OVERTIriE 9.1 All overtime compensated for by the ErIPLOYER must receive prior autharization from a designated EMPLOYER supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 9.2 The overtime rate of one and one-half (1'�) the basic hourly rate shall be paid for work performed under the following circumstances: 9.21 Time worked in excess of eight (8) hours in any one normal word day and, 9.22 Time worked on a sixth (6th) day following a normal work week. 9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the following circumstances: 9.31 Tiiae 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 Ti.me worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour period, provi@ed, that all "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (112) • 9.4 For the purposes of calcul,ating overtime compensation overtime hours worked shall not be "pyramided", compounded, or paid twice for the same hours worked. 9.5 Overtime hours worked as provided by this ARTICLE shall be paid in cash. - 9 - ` +�G� (��c,� 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 after an employee has completed a normal work day or normal work week. 10.2 Employees called back shall receive a minimum of four (4} haurs pay at the basic hourly ratee 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) . � �. - 10 - ., ARTICLE XI - WORK LOCATION, RESIDENCY � llol 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 transpartation shall be compensated for mileagee 11.3 All new employees appointed aftez 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 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. lle6 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. �� - 11 - ��.`�� ARTTCLE 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 Resolution No. 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 maximum payment of $4,000. 12.26 The EMPLOYER will for the period of this AGREEMENT provide for employees who are eligible for the City's Health and Welfare benefits and who retire after the time of execution of this AGREEMENT or who have retired since April 1, 1975, and until such employees reach sixty-five (65) years of age such health insurance benefits as are provided by the EMPLOYER. - 12 - ARTICLE XII - 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 Sairit Paul in writing within 60 days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 12.3 Regular employees not covered by the fringe benefits listed in Article 12.2 shall be considered, for the purposes of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.4 Provisional, temporary, and emergency employees shall be considered, for the purposes of this AGREEMENT, participating employees and shall be com- pensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.5 All regular employees employed after February 15, 1974, shall be considered, for the purpose of this AGREEMENT, 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 (FRINGE BENEFITS) . - 13 - ARTICLE XIII - FRINGE BENEFITS � 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. � � - 14 - � I �� ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN �1- 14.1 The selection of personnel for the class of position Pipefitter Foreman shall remain solely with the EMPLOYER. 14.2 The class of position Pipefitter Foreman shall be filled by employees of the bargaining unit on a "temporary assignment". 14.3 AI1 "temporary assignments" shall be made only at the direction of a designated EMPLOYER supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day, � � - 15 - ARTICLE 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 (65) years old. � �_ - 16 - ARTICLE XVI - HOLIDAYS � 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 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, Sndependence Day or Christmas Day falls on a. Sunday, the following Monday ahall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 16.3 The nine (9) holidays shall be considered non-work days. � 16.4 If, in the judgment of the EMPLOYER, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 10 (CALL BACK) . 16.5 Employees working on a designated holiday shall be compensa�ed 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 holidayo 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 actions on employees 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 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, 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 �� 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 possibZe, but in no event later than the beginning of such work day. X8.2 Failure to make such notification may be ground for discipline as provided 3.n 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 - SENIORITY � 19.1 Seniority, for the purposes of this AGREEMENT, shall be defined as follows: 19.11 "Master Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the last date of employment in any and all class titles covered by this AGREEMENT. 19.12 "Class Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the date an 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 uncZassified service of the EMPLOYER or to an elected or appointed full-time position with the UNION, 19.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 19.4 In the_ event it is determined by the EMPLOYER that it is necessary to reduce the work force employees will be laid off by class title within each Department based on inverse length of "Class Seniority"o 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 replaced. � 19.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", subject to the approval of the EMPLOYER, - 20 - ARTICLE XX - JURISDICTION . � 2001 Disputes concerning woxk �urisdiction between and among unions is recognized as an appropriate subject to determination by the various unions representing employees of the EMFLOYER. 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 po�sible 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 worko �. 20.G 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 provide@ in Article 17 (DISCIPLINARY PROCEDURES) . 20.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a wo�k assignmento � - 21 - ARTICLE XXI - SEPARATION I� 21.1 Employees ha�ring 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 150 21.13 Discharge. As provided in Article 17. 21014 Failure to Report for Du�yo As provided in Article 18. 21.2 Employees having an emergeney, temporary, or provisional employment status may be terminated at the discretion of the EMPLOYER before the completion of a normal work dayo � � - 22 - . �'`11813 ARTICLE XXII - TOOLS � � 22.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. � � - 23 - ARTICLE XXIII - GRIEVANCE PROCEDURE � 23.1 The EMPLOYER shall recognize Stewards selected in accordance with UNION rules and regulations as the grie�ance 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 job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when cansistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and '� � that such absence woul.d 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 for the appeal of disciplinary action as provi.ded by 17.3, 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 1. 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 supervisor. 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 UNIONo 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 requestedo 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. SetP 2o 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 meating, the grievance remains unresolved, the EMPLOYER shall reply in writing to tha 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 th� 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 waivedo �.. - 25 - ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) � Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated EMPLOYER supervisor shall meet with the UNION Business 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 IINION 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 EM�'LOYER 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 (?) 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 - . �'�1�1� ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) UNION 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 remaining person shall 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 af 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 - . 2"11�1�3 ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) � 23.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be raade 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 �..., 24.1 The EMPLOYER may, at any time during tihe duration of this AGREEMENT, contract out work done by the employees covered by this AGREEMENT. In the event that such contracting would result in a reduction of the 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-DISCRIrfINATION � 25.1 The terms and conditions of this AGREEMENT will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, or because of inembership or non-membership in the UNION. 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. �Y � - 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 autharity from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effecto 26.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the AGREEMENT in compliance with the legisJ.ative, administrative, or �udicial determination. � ��_ - 31 - .. �+~/ �`J�� ARTICLE XXVII - WAIVER �� 27.1 The EMPLOYER and the UNION acknowledge that during the meeting and negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this AGREEMENT. 27.2 Therefore, the EMPLOYER and the UNION for the duration of this AGREEMENT agree that the other party shall not be obligated to meet and negotiate over any term or conditions of employment whether specifically covered or not specifically covered by this AGREEMENT. The UNION and EMPLOYER may, however, mutually agree � to modify any provision of this AGREEMENT. 27.3 Any and all prior ordinances, agreements, resolutions, practices, - --- - - - policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this AGREEMENT, are hereby superseded. � - 32 - • ARTICLE XXVIII - CITY MILEAGE PLAN ' 2801 Automobile Reimbursement Authorized: Pursuant to Chapter 92A of the � St. Paul Legislative Code, as amended, pertaining to reimbursement of City off icers 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 for such reimbursement all officers and employees must receive written authorization from the Mayor. Reimbursement shall be made in accordance with one of the following plans: �pe lo For those officers and employees who are required to use their own automobiles occasionally for official City business, reim- bursement at the rate of 14 cents for each mile driven. 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 shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating place of origin and destination and appli.cable 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 XXIX - DURATION AND PLEDGE 29.1 This AGREEMENT shall become effective as of the date of signing, except as specifically provided otherwise in Articles 12 and 13, and sha�l remain in effect through the 31st day of May 1980, and continue in effect from year to year thereafter unless notice to change or to "terminate is given in the same manner provided in 29.2. 29.2 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 AGREII�TT shall give wirtten 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 AGREEMEi�T may only be so terminated or modified effective as of the expiration date. 29.3 In consideration of the terms and conditions of employment established by this AGREEMENT and the recognition that the GRIEVANCE PROCEDURE herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the AGREEMENT: 29.31 The UNION and the employees will not engage in, instigate, or 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 €ull, faithful performance of their duties of employment. 29.32 The EMPLOYER will not engage in, instigate, or condone any lock-out of employees. - 34 - �`11�13 ARTICLE XXIX - DURATION AND PLEDGE (continued) 29.33 This const3.tutes 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 the City Council and is also subject to ratification by the UNION. AGREED to this 22nd day of August , 1978, and attested to as the full and complete understanding of the parties for the period of time herein specif ied by the signature of the following representative for the EMPLOYER and the UNION. WITNESSES: CITY OF SAINT PAUL UNITED ASSOCIATION, PIPEFITTERS LOCAI. 455 • � � �y� � �� Labor Rela ions D __ Business Manager Civil Service Commission - 35 - APPENDIX A The classes of positions recognized by the EMPLOYER as being exclusively represented by the UNION are as follows: Pipefitter-Foreman Pipefitter Apprentice Refrigeration Inspector Refrigeration Gas and Oil Serviceman Mechanic Inspector Senior Mechanical Inspector Gas Burner Inspector and other classes of positions that may be established by the EMPLOYER where the duties and responsibilities assigned comes within the jurisdiction of the UNION. - A1 - APPENDIX B 6' folding ruler - B1 - 9PPENDIX C The basic hourly wage rates for employees covered by this AGREEMENT shall be as follows: RATE EFFECTIVE RATE EFFECTIVE JiTNE 1, 1978 _ JUNE 1, 2979 Regular, Probationary and Provisional Pipefitter $10.55 $11.32 Pipefitter Foreman $I1.51 $I2.28 Refrigeration, Gas and Oil Serviceman $10.55 $11.32 Temporary and Emergency Pipefitter* $10.97 $11.77 Pipefitter Foreman $11.97 $12.77 Refrigeration, Gas and Oil Serviceman* $10.97 $11.77 Regular and Probationary Employees who have been"grandfathered" Pipefitter $11.03 ** Pipefitter Foreman $11.87 �'� Mechanical Inspector $I1.59 ** Senior Mechanical Inspector $12.12 ** Gas Burner Inspector $11.59 '��` Refrigeration Inspector �� $11.59 '�* *The following shall be applicable to any Apprentices: 0 - 6 months. . . . . . . . . . . . . . 50% of Journeyman Rate 7 - 12 months. . . . . . . . . . . . . . 55% of Journeyman Rate 13 - 18 months. . . . . . . . . . . . . . 60% of Journeyman Rate 19 - 24 months. . . . . . . . . . . . . . 65% of Journeyman Rate 25 - 30 months. . . . . . . . . . . . . . 70% of Journeyman Rate 31 - 36 months. . . . . . . . . . . . . . 75% of Journeyman Rate 37 - 42 months. . . . . . . . . . . . . . 80% of 3ourneyman Rate 43 - 48 months. . . . . . . . . . . . . . 85% of Journeyman Rate 49 - 54 months. . . . . . . . . . . . . . 90% of Journeyman Rate 55 - 60 months. . . . . . . . . . . . . . 95% of Journeyman Rate **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 and vacation for 1979 in�urred by the employer for employees in this bargaining unit. Pipef itter $14.39 Pipefitter Foreman $15.39 Mechanical Inspector $15.39 Senior Mechanical Inspector $16.04 Gas Burner Inspector $15.39 Refrigeration Inspector $15.39 - C1 - APPENDIX D Effective June 1, 1978, the EMPLOYER shall: (1) contribute $1.52 per hour fram which payroll deductions have been ma.de for all hours worked by participating employees as defined in Articles 12,3, 1.2.4 and 12.5 of this AGREEMENT, to a UI3ION 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 for all hours worked by participating 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 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. (5) 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 EMPLOYER shall establish Workman's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. - D1 - APPENDIX D (continued) The EMPLOYER'S fringe benefit obligation to participating employees as defined in Articles 12.3, 12.4 and I2.5 is limited to the contributions and/or deductions established by this AGREEMENT. The actual level of bene£its 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 - APPENDIX E WORKING CONDITIONS FOR SENIOR MECHANICAL INSPECTORS, MECHANICAL INSPECTORS, REFRIGERATION INSPECTORS AI�TD GAS BURNER INSPECTORS As a result of the 1974 settlement, the Parties have established craf tdetermined rates for Senior Mechanical Inspectors, Mechanical Inspectors, Refrigeration Inspectors and Gas Burner Inspectors, with specific understanding that such agreement is restricted to establishing rates of pay for such classifications. It is, consequently, agreed that the Employer in applying Part 3. EMPLOYER RIGHTS - of the MAI23TENANCE 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 classifi- catians as well as for Inspector classifications in other Bargaining IJnits, may not result in disputes over assignments 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 classifications are assigned to work which is also perfarmed by other Inspectbr classifications. - E1 - �� 1978-1979 MAINTENANCE LABOR AGREEMENT - between - THE INDEPENDENT SCHOOL DZSTRICT N0. 625 - and - UNITED ASSOCIATION, PiPEFITTERS LOCAL 455 I N D E X ARTICLE TITLE PAGE Preamble iii I Purpose 1'. II Recognition 2 III Employer Rights 3 IV Union Rights 4 V Scope of the Agreement 5 VI Probationary Periods 6 VII Philosophy of Employment and Compensation 7 VIII Hours of Work 8 IX Overtime 9 X Call Back 10 XI Work Location, Residency 11 XII Wages 12 XIII Fringe Benefits 14 XIV Selection of Foreman and General Foreman 15 XV Retirement 16 XVI Holidays 17 XVII Disciplinary Procedures 18 XVIII Absences From Work 19 XIX Seniority 20 XX Jurisdiction 21 XXI Separation 22 XXII Tools 23 XXIII Grievance Procedure 24 XXIV Right of Subcontract 29 XXV Non-Discrimination 30 XXVI Severability 31 XXVII Waiver 32 XXVIII Mileage-Independent School District No. 625 33 XXIX • Duration and Pledge 34 Appendix A A1 Appendix B B1 Appendix C C1 Appendix D D1 Appendix E E1 - ii - �r /�� P R E A M B L E This AGREEMENT is entered into on this 22nd day of August � 1978, between the Independent School District No. 625, hereinafter referred to as the EMPLOYER and the United Association, Pipefitters Local 455, hereinafter referred to as the UNION. The EMPLOYER and the UNION concur that this AGREIIKENT 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, 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 UNION agree that the purpose for entering into this AGREEMENT is to: 1.11 Achieve orderly and peaceful relations, thereby establishing a system of uninterxupted 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 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 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 �onflict so that it conforms to the statute as provided by Article 26 (SEVERABILI�Y). � - 1 - a 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-480 A dated April 16, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendi.x A. �. � - 2 - i ARTICLE III - EMPLOYER RIGHTS � 3.1 The EMPLOYER retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modi,fy 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 - UNION RIGHTS .� 4.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues> Such monies deducted shall be remitted as directed by the UNION. 4.11 The �LOYER shall not deduct dues from the wages of employees covered by this AGREEMENT for any other 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 � designation. 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 employees covered by this AGREEMENT are working. �:_ - 4 - � ARTICLE V - SCOPE OF THE AGREEMENT 5.1 This AGREEMENT established the "terms and conditions of employment" defined by M.S. 179063, Subd. 18 for all employees exclusively represented by the UNION. This AGREEriE13T shall supercede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. � � - 5 - � ARTICLE VI - PROBATION��RY PERIODS ��'�� 6.1 A11 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 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 All personnel promoted to a hi.gher class of positions shall serve a six � (6) months' promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsi- bilities shall be evaluated. 6.21 At any time during the promotional probationary period an employee may be demoted to the emplayee's preyiously held class of positions at the discretion of the EMPLOYER without appeal to the provisions of Article 23 (GRIEVAI3CE 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. �... - 6 - � ARTICLE VII - PHILOSOPi�Y OF EMPLOYMENT AND COMPENSATION � 7.1 The EMPLOYER and the UNION are in full agreement that the philosophy of employment and compensation shall be a "cash" hourly wage and "industry" fringe benefit system. 7.2 The EMPLOYER shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as faund 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 12.2. � � � � - 7 - ARTICLE VIII - HOURS OF WORK 8. 1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 8.2 The normal work week shall be five (5) consecutive normal work days rionday through Friday. 8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER'S judgment to establish second and third shifts or a work week of other than Monday through Friday, the UNION agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 8.5 AZl emgloyees 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 otherwise directed by their supervisor. 8.6 Al1 employees are subject to call-back by the EMPLOYER as provided by-Article-- - - 10 (CALL BACK) . 8.7 Employees reporting for work at the established starting time and tor whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, � unless notification has been given not to report for work prior to leaving home, or during the previous work day. 8.8 Standby. Any Refrigeration, Gas and Oil Serviceman who is required to be avail- able for emergency service work on weekends and holidays shall be guaranteed work or wages and fringes equivalent to: . 40 minutes for Friday nights 80 minutes for Saturday and Saturday night 80 minutes for Sunday and Sunday night or 80 minutes for any holiday and holiday night of such 24 hour shift. All of the above at time and one-half rate. If the employee is called in for work, the above time shall be a part of, not in addition to, the time worked. - 8 - ARTICLE IX - OVERTIriE 9.1 AIl overtime compensated for by the EMPLOYER must receive prior authorization from a designated EMPLOYER supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime cla3.m will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 9.2 The overtime rate of one and one-half (1�) the basic hourly rate shall be paid for work performed under the foYlowing circumstances: 9.21 Time worked in excess of eight (8) hours in any one normal word day and, 9.22 Time worked on a sixth (6th) day following a normal work week. 9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the 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 nozmal 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" shall he compensated at the rate of one and one-half (1�) . 9.4 For the purposes of. calculating overtime compensation overtime hours worked shall not be "pyramided", compounded, or paid twice for the same hours worked. 9.5 Overtime hours worked as provided by this ARTICLE shall be paid in cash. - 9 - � 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 after 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 hourly rate. 10.3 The hours worked based on a call-back sha11 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 accoxdance with Article 9 (OVERTIME) . � �. - 10 - ARTICLE XI - WORK LOCATION, RESIDENCY � 11.1 Employees shaZl 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 mileagee 11.3 Al1 new employees appointed after January 1, 1976, would be required to reside in the City of Saint Paul within one year of their ariginal appointment, and thereafter would be re�uired 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. � - 11 - ARTZCLE X�I - 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 Resolution No. 3250, Section 35, Subdivision E. 12.23 Vacation as established by Resolution No. 6446, Section l, Subdivision F. 12.24 Nine (9) Iegal holidays as established by Resolution No. 6446, Section 1, Subdivision G. 12.25 Severance benefits as estabZished by Ordinance No. 11490 with a maximum payment of $4,000. 12.26 The EMPLOYER will for the period of this AGREEMENT provide for employees who are eligible for the City's Health and Welfare benefits and who retire after the time of execution of this AGREEMEI3T or who have retired since April 1, 1975, and until such employees reach sixty-five (65) years of age such health insurance benefits as are provided by the EMPLOYER. - 12 - ARTICLE XII - 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 Off�ce of �he City of Saint Paul in writing within 60 days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 12.3 Regular employees not covered by the fringe benefits listed in Article 12.2 shall be considered, for the purposes of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.4 Provisional, temporary, and emergency employees shall be considered, for the purposes of this AGREEMENT, participating employees and sha11 be cam- pensated 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) . 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) . - 13 - 2"11�� ARTICLE XIII - FRINGE BENEFITS � 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. � � - 14 - ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN 14.1 The selection of personnel for the class of position Pipefitter Foreman shall remain solely with the EMPLOYER. 14.2 The class of position Pipefitter Foreman shall be filled by employees of the bargaining unit on a "temporary assignment". 14.3 A1T "temporary assignments" shall be made only at the direction of a designated EMPLOYER supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day. �_ �. - 15 - ARTICLE XV - RETIREMENT �y 15.1 A11 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 �. 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 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) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 16.3 The nine (9) holidays shall be considered non-work days. � 16.4 If, in the judgment of the EMPLOYER, personnel are necessary for operating or emergency reasons, employees may be scheduled or _ _ . _ . _ "called back" in accordance with Article 10 (CALL BACK). 16.5 Employees working on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 16.6 In the case of Board of Education employees, if 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 shall be a day on which school is not in session and shall be determined by agreement between the employee and his supervisor. �., - 17 - A�tTICLE 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 EMPZOYER shall include only the following actions: 17.21 Oral reprima.nd. 17.22 Written reprimand. 17.23 Suspension. I7.24 Demotion. 17.25 Discharge. 17.3 Employe�s 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 Reviaw. The Civil 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 "grievan�e" for the purpose of processing through the provisions of Article 23 (GRIEVANCE PROCEDURE). � - 18 - ��1� ARTICLE XVIII - ABSENCES FROM WORK '9�'� 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 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 - ARTICLE XIX - SENIORITY � 19.1 Seniority, for the purposes of this AGREEMENT, shall be defined as follows: 19.11 "Master Seniority" - The length of continuous regulax and probationary service with the EMPLOYER from the last date of employment in any and all class titles covered by this AGREEMENT. 19.12 "Class Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the date an 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 in�ury; is granted to allow an employee to accept an appointment to the unclassif:ted service of the EMPLOYER or to an elected or appointed full-time position with the UNION, 19.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 19.4 In the event it is determined by the EMPLOYER that it is necessary to reduce the work force employees will be laid off by class title within each Department based on inverse length of "Class Seniority"o 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 replaced. � 19.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", sub,ject to the approval of the EMPLOYERe - 20 - ARTICLE XX - JURISDICTION � 2001 Disputes eoncerning 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 �urisdiction by any mutual agreements between the unions involved. 20.3 Zn the event of a dispute concerning the perform�nce 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 reso�ution of the dispute or to restrict the EMPLOYER'S basic right to assign worko �� 20.4 Any employee refusing to perform work assigned by the EMPLOYER and as clari.fied by Sections 20e2 and 20.3 above shall be subject to disciplinary action as prov�ided in Article 17 (DISCIPLINARY PROCEDURES) . 20.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a w�rk assignmento � - 21 - ARTICLE XXI - SEPARATIUN , �� 21.1 Employees having a probationary or regular employmsnt status shall be considered separated from employment based on the following actions: 21.11 Resignationo Employees resigning from employment shall give written notiee fourteen (14) calendar . days prior to the eftective date of the resignation. 21.12 Retirement. As provided in Article 150 21013 Discharge. As provided in Article 17. 21014 Fai.lure to Report for Dutyo 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, � �:.: - 22 - ARTICLE XXII - TOOLS . �n 22.1 Al1 employees shall personally provide themselves with the tools of the trade as listed in Appendix B. � �. - 23 - ARTICLE XXIII - GRIEVANCE PROCEDURE 4 � 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 sha11 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 limitad by the 3ob duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the � EMPLOYER. 23.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 17.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEM�NT. 23.4 Grievances shall be resolved in conformance with the following procedure: Step 1. 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 supervisor. If the matter is not resolved �:,. - 24 - ARTICLE XXIIi - GRIEVANCE PROCEDURE (�ontinued) �A to the employea's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the UNIONo The written grievance sha11 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 requestedo Any alleged violation of the AGREEMENT not reduced to writing by t•he UNION within seven (7) calendar days of the first occurrence of the event giving rise to the grievanee 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 waivede Setp 2e 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 grievancee If, - - - -- - - - - as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to tha UNiON within three (3) calendar days following this meetingo The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived, � � - 25 - ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) �,. SteP 3. Within seven (7) calendar days following receipt of a grievarice referred from Step 2 a designated EMPLOYER supervisor shall meet with the UNION Business Manager or his designated representative and attempt to resolye the grievance. Within seven (7) calendar days following this meeting the EMPLOYER shall reply in writing to the UNIQN 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 EMPLQYER'S answer shall be considered waived. �t 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 arbitraCion 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 (��ntinued) � ULIION 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 remaining person shall 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 submittedo 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 tha force and effect of law. The arbitrator's decisiori 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 agrae 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 empl�yees. � - 27 - . �'7181� ARTICLE XXIII - GRIEVA�'�CE PROCEDURE (continued) 23.b The fees and expenses for the arbitrator's services and proceedings � shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it ffiay cause such a record to be made providing it pays for the record. 23.7 The time li.mits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. � �. - 28 - ARTICLE XXIV - RIGHT OF SUBCONTRACT � 24.1 The EMPLOYER may, at any time during the duratian of this AGREEMENT, contract out work done by the employees covered by this AGREEMENT. In the event that such contracting would result in a reduction of the work force covered by this AGREEMENT, the EMPLOYER shall give the UNTON a ninety (90) calendar day notice o€ the intention to sub-contract. 24.2 The sub-contracting of work done by'the employees covered by this AGREEMENT sha11 in all cases be made only to employers who qualify in accordance with Ordina.nce No. 14013. �. �. � - 29 - ARTICLE XXV - NON-DISCRIMZNATION 25.1 The terms and conditions of this AGREEMENT will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, or because of inembership or non-membership in the UNION. 25.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and respansibilities involve other employees and the generaZ 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 voided. All other provisions shall continue in full force and effecto 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 determination. � �. - 31 - � �`71��.� ARTICLE XXVII - WAIVER � 27.1 The EMPLOYER and the UNION acknowledge that during the meeting and negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employmeflt. 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 this 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 specifically covered by this AGREEMENT. The UNION and EMPLOYER may, hawever, mutually agree � to modify any provision of this AGREEMENT. 27.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this AGREEMENT, are hereby superseded. �. - 32 - ARTICLE XXVIII -MILEAGE- INDEPENDENT SCHOOL DISTRICT ��625 � 28.1 Employees of the School Di�trict under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, employees must reeeive authorization from the District Mileage Committee 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 supervisoro 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 reimbursement. based on a per month "lump sum" amount. This amount is determined by the employee's driving experience under Plan "A" for a period of 3 to 6 months. Those employeea 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 the employee is on vacation> A deduction need not be made for an oeeasional day of illness or for holidayo �. - 33 - ARTICLE XXIX - DURATION AND PLEDGE 29.1 This AGRE�IEE�tT shall become effective as of the date of signing, except as specifically provided otherwise in Articles 12 and I3, and shall remain in effect through the 31st day of May 1980, and continue in effect from year to year thereafter unl.ess notice to change or to terninate is given in the same manner provided in 29.2. 29.2 If either party desires to terminate or modify this AGREEMElv'T, effective as of the date of expiration, the party wishing to modify or termina.te the AGREEI�TT shall give wirt�en notice to the other party, not �ore than ninety (90) or less than sixty {60) calendar days prior to the expiration date, provided, that the AGREEMEti'T may only be so terminated or modified effective as of the expiratioa date. 29.3 In consideration of the terms and conditions of employment established by this AGREEMN,'NT and the xeco.gnition that the GRIEVANCE PROCEDURE hereiu established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereb�.� pledge that during the term of the AGREEMENT: 29.31 The UNION an.d the employees w�ill 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 perfornance of their duties of employment. 29.32 The EI�LOYER will not engage in, instigate, or condone any lock-out of employees. - 34 - �TICLE XXIX - DURATION AND PLEDGE (continued) 29.33 This constitutes a tentative agreement between the parties which will be recommended by the School Board Negotiator, but is subject to the approval of the School Board, the Administration of the City and is also subject to ratifi- cation by the UNIOH. ' AGREED to this 22nd 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 UNION. WITNESSES: INDEPENDENT SCHOQL DISTRICT N0. 625 UNITED ASSOCIATION, PIPEFITTERS LOCAL 455 School Board Negotiator Business Manager Superintendent, Independent School District No. 625 Civil Service Commission , � - 35 - APPENDIX A The classes of positions recognized by the ENIPLOYER as being exclusively represented by the UNION are as follows: Pipefitter-Foreman Pipefitter Apprentice Refrigeration Inspector Refrigeration Gas and Oil Serviceman Mechanic Inspector Senior Mechanical Inspector Gas Burner Inspector and other classes of positions that may be established by the EMPLOYER where the duties and responsibilities assigned comes within the �urisdiction of the UNION. . - A1 - aPPEr�nzx c The basic hourly wage rates for employees covered by this AGREEMEI3T shall be as follows: RATE EFFECTIVE RATE EFFECTIVE JUNE 1, 1978 JUNE 1, 1979 Regular, Probationary and Provisional � � � Pipefitter $10.55 $1I.32 Pipefitter Foreman $11.51 $12.28 Refrigeration, Gas and Oil Servicema.n $10.55 $1I.32 Temporary and Emergency Pipefitter* $10.97 $11.77 Pipefitter Foreman $11.97 $12.77 Refrtgeration, Gas and Oil Serviceman* $10.97 $11.77 Regular and Probationary Employees who have been"grandfathered" Pipefitter $1T.03 ** Pipefitter Foreman $11.87 *'� Mechanical Inspector $11.59 ** Senior Mechanical Inspector $I2.12 ** Gas Burner Inspector $11.59 ** Refrigeration Inspector $11.59 �* . ._ _ *The following shall be applicable to any Apprentices: 0 - 6 months. . . . . . . . . . . . . . 50% of Journeyman Rate 7 - 12 months. . . . . . . . . . . . . . 55% of Journeyman Rate 13 - 18 months. . . . . . . . . . . . . . 60y of Journeyman Rate 19 - 24 months. . . . . . . . . . . . . . 65% of Journeyma.n Rate 25 - 30 months. . . . . . . . . . . . . . 70% of Journeyman Rate 31 - 36 manths. . . . . . . . . . . . . . 75% of Journeyman Rate 37 - 42 months. . . . . . . . . . . . . . 80% of Journeyman Rate 43 - 48 months. . . . . . . . . . . . . . 85% of Journeyman Rate 49 - 54 months. . . . . . . . . . . . . . 90% of Journeyman Rate SS - 60 months. . . . . . . . . . . . . . 95% of Journeyman Rate **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 and vacation for 1979 incurred by the employer for employees in this bargaining unit. Pipef itter $14.39 Pipefitter Foreman $15.39 riechanical Inspector $15.39 Senior Mechanical Inspector $16.04 Gas Burner Inspector $15.39 Refrigeration Inspector $15.39 - CI - APPENDIX D Effective June 1, 1978, the F�MPLOYER shallc (1) contribute $1.52 per hour from which payroll deductions have been made for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT, to a UNIOV 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 AGREE:�NT, to a Health and Welfare Fund. (3) contribute $ .50 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 Pension Fund. (�+) 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. (5) contribute $ .O1 per hour for all hours worked by participating em.ployees 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 EMPLOYER shall establish Workman's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. - D1 - f.+~�181�3 APPEi�TDIX D (continued) The EMPLOYER'S fringe benefit obligation to participating employees as defined in Articles 12.3, 12.4 and 12.5 is limited to the contributions and/or deductions established by this AGREEMENT. The. actual level of benefits provided to employees shall be the respon�ibility of the Trustees of the various funds to which the EMPLOYER has forwarded contributions and/or deductions. - D2 - ��18�� APPENDIX E WORKING CONDITIONS FOR SENIOR rIECHANICAL INSPECTORS, MECHANICAL INSPECTORS, R.EFRIGERATION INSPECTORS AND GAS BURNER INSPECTORS As a result of the 1974 settlement, the Parties have established craftdetezmined rates for Senior Mechanicai Inspectors, Mechanical Inspectors, Refrigeration Inspectors and Gas Burner Inspectors, with specific understanding that such agreement is restricted to establishing rates of pay for such classifications. It is, consequently, agreed that the Employer in applying Part 3. EMPLOYER RIGHTS - of the MAINTENANCE LABOR AGREEMEI3T, 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 classifi- cations as well as for Inspector ciassifications in other Bargaining Units, ma.y not result in disputes over assignments 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 classifications are assigned to work which is also performed by other Inspectbr classifications. - E1 -