271814 WMI7E - CITV CLERK ^������
PINK - FINANCE � ��
CANARV - DEPARTMENT GITY OF SAINT F�AUL COLLIICII ��
BLUE �AVOR . File NO.
� ouncil Resolution
Presented By
Referred To Committee: Date
Out of Committee By � Date
An administrative Resolution approving the 1�rms and
conditions of the 1978-1979 Maintenance Labor Agreements
between the City of St. Paul, Independent School District
No. 625, and the Electrical Workers, Local No. 110.
WHEREAS, the Council, pursua.nt to the provisions of Section 12. 09
of the St. Pau1 City Charter and the Public Employees Labor Relations Act
of 1971, as amended, recognizes the Electrical Workers, Loca1 No. 110,
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-477-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 representatives, and the
exclusive representatives have met in good faith and negotiated the terms
and conditions of employment for the per�d Ma�_i-, 1978, through April
30, 1g80, 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 May 1, 1978; now, therefore, be it
� - 1 -
COUIVC[LMEN Requested by Department of:
Yeas Nays ,
Butler In Favor
Hozza
Hunt
I.evine _ __ Against BY —
Maddox
Showalter
TedesCO Form Approved by City Attorney
Adopted by Council: Date
Certified Passed by Council Secretary BY
sy �
tlpproved by ;Vlavor. Date — Approved by Mayor for Submission to Council
BY - - BY
_ .,�- _,. ,..�- „�
� Do not detach thls memorandurn lrom the -
re�olutton �a that thi� Information wlii be � ��,: 1x/i9�s
availabie to the City Council. �„v. : g/.s176
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Dafia: August 16, 1978
: �E � EiVED .
SEP 1 1978
Tp t ;�AYQ& GSmR�E T�TZMER . �y►�s �
. �: `�Fsrs�tut��, Of��,Ge
�Rs �"�ate�utie►tt far sub�a�ost r� Cfity Ca�cil . '
' TT �t��E�,?8,�T : � .
' i�T� �c�c�l�d Fau� 4#�prcr-�a�l and aubm�a�tar� o�� thi4 �lut�,t� t� '�e Cf.�r Cou�aci,�,. '
� ,
FU�?!0� ,A� �tiT��N+� .FOR� �S AG�T43N: - '
� rl �M�I�IYIP�I i i�� ��I ���� iry n� � � . . . � . � . � . . � - � . �
�i: This �solt�tion approves the 1q78-1979 Maintenance Labor Agreetnea.ta :betweea th�
' Ci�y a�-St. Pavl, Independent School District No. 625, a.�d the Electricai Workers
} Loca1�:�Ta. 110. The Agreements ca11 for a total package increase of $0� �er hou� . �
� for 1�8 a.nd 79f per honr for 1979. '
�
. For 1�78, the 80� increase is divided with 35� per hour i_n.crease ia wages a�d 45;�
� per hd�r going to�sra.rd.fringe benefits. The d�stributian of the 79� Y�►crease fo=
i 1979 �4'ill be determi.ned by the cost of next yearts. fringe benefi�s.
The v�dtcation schedvle has been increased one week. TY�e holiday lainguage has beea �
cha,a.g�d to all.ow, the employees n.ot receiving the City's fris�ge benefits to work on the
�hree`�Cnin.ox holidays for t�raight time. It also allows t�.e Board of Education employeea
� to wo�lc on the minor holidaye for compeamatory time.os a straight-time basi�.
The Gaty Mileage A1lowance has been increased 1� ger mile.
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` R�scz�ution and copy for the City Clerk. Also a cogy of each Lahor I�aintenance Ag�eemeat.,'�
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1978 - 1979
MAINTENANCE LABOR AGREEMENT
- between -
THE CITY OF SAINT PAUL
- and -
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS,LOCAL 110
,�„�::�,,, .�... .. .,. . .�. . _._. _.,. _ _.. . . . ,. _
I N D E X
TITLE ARTICLE 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 and Fringe Benefits 12
XIII Selection of Foreman and General Foreman 14
XIV Early Retirement Insurance Benefits 15
XV Holidays I6
XVI Disciplinary Procedures 1�
XVII Absences From Work 18
XVIII Seniority 19
XIX Jurisdiction 20
XX Separation and Retirement 21
XXI Tools 22
XXII Grievance Procedure 23
XXIII Right of Subcontract 28
XXIV Non-Discrimination 29
XXV Severability 30
XXVI Waiver 31
XXVII City rlileage Plan 32
XXVIII Maternity Leave 33
XIX Duration and Pledge 34
Appendix A A1
Appendix B B1
Appendix C C1
Appendix D Di
Appendix E E1
Appendix F F1
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P R E A M B L E
This AGREEMENT is entered into on this day of , 1978,
between the City of Saint Paul, hereinafter referred to as the EMPLOYER and
the International Brotherhood of Electrical Workers, Local 110 hereinafter
referred to as the UNION.
The EMPLOYER and the UNION concur that this AGREEMENT has as its
objective the promotion of the responsibilities of the City of Saint Paul
for the benefit of the general public through effective labor-management
cooperation. �'
The EMPLOYER and the UNION both realize that this goal depends not
only on the words in the AGREEMENT but rather primarily on attitudes between
people at all levels of responsibility. Constructive attitudes of the EMPLOYER,
the UNION, and the individual employees will best serve the needs of the
general public.
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ARTICLE I - PURPOSE
1.1 The EMPLOYER and the UNION agree tlzat the purpose for entering
into this AGREEMENT is to:
1.11 Achieve orderly and peaceful relations, thereby
establishing a system of uninterrupted operations
and the highest level of employee performance that �
is consistent with the safety and well-being of all _
concerned;
1.12 Set forth rates of pay, hours of work, and other
conditions of employment as have been agreed upon
by the EI�IPLOYER and 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 Iegislation that creates and directs the EMPLOYEP..
If any part of this AGREEzifENT is in conflict with such legislation,
the latter shall prevail. The parties, on written notice, agree
to negotiate that part in conflict so that it conforms to the
statue as provided by Article 25 (SEVERABILI�Y).
- 1 -
ARTICLE II - RECOGNITION
2.1 The EMPLOYER recognizes the UNION as the exclusive representative
for collective bargaining purposed 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-477-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.
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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 ame�d 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 ir.herent managerial function not specifically limited
by this AGREEMENT.
3.2 Any "term or condition of employment" not established by this
AGREEMENT shaZl remian with the II�LOYER 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 empZoyees 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.
4.12 The UNION shall indemnify and save harmless the
EMPLOYEA 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 respon-
sibilities as designated in Article 22 (GRIEVANCE PROCEDURE) .
4.3 Upon notification to a designated II�IPLOYER supervisor, the Business
Manager of the UNION, or his designated representative shall be
permitted to enter the facilities of the II�IPLOYER where employees
covered by this AGREEMENT are working.
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ARTICLE V - SCOPE OF THE AGREEMENT
5. 1 This AGRE�iENT established the "terms and conditions of enployment"
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 Resolution.
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� . ARTICLE VI - PROBATIONARY PERIODS ������
6.1 All personnel, originally hired or rehired following separation,
in a regular employment status shall serve a (6) month's probationary
� period during which time the employee's fitness and abiltity 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 22 (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 responsibilities 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 22 (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
demotions, a copy of which shall be sent to the UNION.
_ 6 _
� ARTICLE VII - PHILOSOPHY �F ErfPLOYMEN?' AND COMPENSATION
7.1 The �[PLOYER and the UNION are infull 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
found in Articles 12 (WAGES AND 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 AGREII�iENT; except those employees who have individually
optioned to be "grandfathered" as provided by 12.2.
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� . Ax�zcL� vzzz - �zouxs oF wo�x
8.1 The normal work day shall be eight (8) consecutive hours per day, excluding
a thirty (30) minute unpaid lunch period.
8.2 The normal wo.rk week shall be five (5) consecutive normal work days in any
seven (7) day period.
8.3 Shifts other than the regular daytime shift Monday through Friday may be
established. Such shifts must be maintained for a period of at least one (1)
work week. The second shift shall be a regularly scheduled shift which follows
a regularly scheduled first shift of five (5) hours or greater. The third shift
shall be a regularly scheduled shift which follows a regularly scheduled second
shift of five (S) hours or greater.
8.4 For employees on a shift basis, this shall be construed to mea.n an average of
forty (40) hours a week.
8.5 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.
8.6 An employee normally working"`on a particular shift may be traresferred from
that shift to another shift upon one week's notice; provided, however, that
in the event of a vacancy, an employee may be assigned to another shift to fill
such vacancy upon 24 hours' notice.
8.7 All employees shall be at the work location designa.ted 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.
8.8 Al1 employees are subject to call-back by the EMPLOYER as provided by Article
10 (CALL BACK) .
8.9 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.
8.10 The employer shall be required to give no less than six and one-half (6z) F:ours
notice, when an employee is to be laid off.
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� . �'7�8��
ARTICLE IX - OVERTIME -
9.1 All overtime compensated for by the IIKPLOYER 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 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 work 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
normal work week; and
9.33 Time worked in excess of twelve (12) consecutive hours
in a twenty-four (24� hour period, provided, that all
"emergency" work required by "Acts of God" shall be
compensated at the rate of one and one-half (1'�) .
9.4 For the purposes of calcularing overtime compensation overtime
hours worked shall not be "pyramided", compounded, or paid twice -
for the same hours worked.
9.5 Overtime hours worked as provide.d by this ARTICLE shall be paid
in cash.
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ARTICLE X - CALL BACK
10.1 The EMPLOYER retains the right to call back employees before an
employee has started a normal work day or normal work week and
after an empZoyee 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 shall be compensated in
accordance with Article 9 (OVERTIME) , when applicable, and subject
to 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 ..�orked in accordance with Article 9
(OVERTIME) .
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ARTICLE XI - WORK LOGATION, RESIDENCY
11. 1 Employees shall report to work location as assigned by a designated
EMPLOYER supervisor. During the normal work day employees may
be assigned to other work locations at the discretion of the
EMPLOYER.
11.2 Employees assigned to work locations during the nor�al work day,
other than their original assignment, and who are required to -
furnish their own transportation shall be compensated for mileage.
11.3 A11 new employees appointed after January 1, 1976, would be
required to reside in the City of Saint Paul within one year of
their originai appointment, and thereafter would be required to
remain within the City li.mits as long as they were employed by
the City of Saint Paul.
11.4 This residency requirement shall apply to unclassified employees
as well as classified employees.
11.5 Applicants for positions in the City of Saint Paul will not be
required to be residents of the City of Saint Paul.
11.6 Employees failing to meet the residency requirement will be
subject to termination and a hearing process shall be established
to determine whether the residency requirement was met.
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' ARTICLE XII - WAGES AND FRINGB BENEFITS
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 Iisted 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 12.7 (FRINGE BENEFITS).
12.21 Insurance benefits as established by the City of Saint
Paul.
12.22 Sick Leave as established by Ordinance No. 3250, Section
35 Subdivision E.
12.23 In each calendar year, each full-time employee who is
eligibZe for vacation shall be granted vacation according
to the following schedule:
Years of Service Vacation Granted
Less than 5 years 15 days
After 5 years�thru IS years 20 days
After 15 years and thereafter 25 days
Employees who work less than full-time shall be granted
vacation on a pro rata basis.
The above provisions of vacation shall be subject to
Ordinance No. 6446, Section I, Subdivision H.
12.24 Nine (9) legal holidays as established by Ordinance No.
6446, Section 1, Subdivision I.
12.25 Severance benefits as established by Ordinance No. 1149�
with a maximum payment of $4,000.
12.3 Regular employees covered by the Fringe Benefits in 12.2 shall
have the right to transfer from this coverage. Employees requesting
such transfer shall be considered participating employees and .will
no longer be covered by the fringe benefits in 12.2 but sha11 be
covered by 12.4.
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ARTICLE XII - F)AGES AND FRINGE BENEFITS (continued)
12.4 Regular employees not covered by the fringe benefits listed in
Article 12.2 shall be considered, for the purpose of this AGRE�IENT,
participating er�ployees 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 -
12.7.
12.5 Provisional, temporary, and emergency employees shall be considered,
for the purposes of this AGREEMEI3T, participating employees and
shall be compensated in accordance with Article 12.I (WAGES) and
have fringe benefit contributions and/or deductions made in their
behalf as provided for by Article 12.7.
12.6 All regular enployees 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
tnade on their behalf as provided for by Article 12.7.
12.7 The EMPLOYER shall make contributions on behalf of and/or make
deductions fron the wages of employees covered by this AGREEyIENT
in accordance with Append� D for all hours worked.
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ARTICLE XIII - SELECTION OF FOREMAN AND GENERAL FOREMAN
13.1 The selection of personnel for the class of positions Electrician--
General Foreman and Foreman shall remain solely with the EMPLOYER.
13.2 The class of positions Electrician--General Foreman and Foreman
shall be filled by employees of the bargaining unit on a
"temporary assignment".
13.3 All "temporary assignments" shall be made only at the direction
of a designated EMPLOYER supervisor.
13.4 Such "temporary assignments" shall be made only in cases where
the class of positions is vacant for more than one (1) normal
work day.
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ARTICLE XIV - EARLY RETIREr1ENT INSURANCE BENEFITS
14.1 For those employees that are covered by the Fringe Benefits - Article 12,
the EMPLQYER will provide life, hospital and medical insurance for early
retirees who have retired since July 24, 1974, in the same proportionate
amounts of premium as provided by EMPLOYER for active employees.
14.2 In order to be el.igible for the benefits under this early retiree provision,
the employee must:
14.21 Be receiving benefits from a public employee retirement
act at the time of retirement.
14.22 Have severed his relationship with the City of Saint Paul
under one of the early retiree plans.
14.23 Inform the Personnel Office of the City of Saint Paul in
writing within 60 days of employee's early retirement date
that he or she wishes to be eligible for early retiree
insurance benefits.
14.3 Notwithstanding any provision of this Article to the contrary, EMPLOYER
premium payments on behalf of early retirees shall commence June 1, 1977
and shall not be interpreted to apply retoractively or act in reimbursement.
14.4 Any obligation of the EMPLOYER to an early retiree as defined herein shall
cease when such early retiree reaches age sixty-five (65) .
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ARTICLE h'V - hOLID4YS
15.1 The followino nine (9) days shall be designated as holidays:
New Year's Day, January 1
President's Day, Third rionday in February
rienorial Day, last r:onday in riay
Independence Day, July 4
Labor Day, first Monday in September
Coluabus Day, second rionday in October
Veteran`s Day, Novenber 11
Thanksgiving Day, fourth Thursday in November
Christmas Day, Decersber 25
15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday,
the foZlowing rionday shall be considered the designated holiday. When any
of these three (3) holidays falls on a Saturday, the precedang Friday shall
be considered the designated holiday. For those employees assigned to a
work week othar than Monday through Friday, these three holidays shall be
observed on the calendar date of the holiday.
15.3 The nine (9) holidays shall be considered non-work days,
15.4 If, in the judgment of the EMPLOYER, personnel are necessary for operating
or emergeacy reasons, employees may be scheduled or "called back" in accordance
with Article 10 (CALI. BACK) .
15.5 Employees covered by the Fringe Benefits in 12.2 and working on a designated
holiday shall be cor�pensated at the rate of twa (2) times the basic hoezrly
rate for all hours worked. � �
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15.6 Employees not covered by the Fringe BenefiCs in 12.2 and assigned to work ozi
Presidents' Day, Col�bus Day or Veterans' Day shall be co�pensated on a �.
straight ti�!e basis for such hours �sorked. -
� 15.7 Employees not covered by the Fringe Banefits in 12.2 and assigned to caork o�
Ne�a Year's Day, :"emorial Day, Independence Day, Labor Da}, Thanksgiving gay,
oz Christr�s Day shall be compensated at a rate af two (2) tines the basic
hourly rate for such Y:ours �•�orked.
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ARTICLE XVI - DISCIPLINARY PROCEDURES
16.1 The EMPLOYER shall have the right to impose disciplinary actions
on employees for �ust cause.
16.2 Disciplinary actions by the EMPLOYER shall include only the
following actions:
16.21 Oral reprimand ,
. 16.22 Written reprimand
16.23 Suspension
16.24 Demotion
16.25 Discharge
16.3 Employees who are suspended, demoted or discharged shall have the
right to request that such actions be reviewed by the Civil Service
Coamnission 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 22 (GRIEVANCE PROCEDURE).
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ARTICLE XVII - ABSENCES FROM WORK
17.1 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.
17.2 Failure to make such notification may be grounds for discipline
as provided in Article 16 (DISCIPLINARY PROCEDURES) .
17.3 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.
- 1$ -
ARTICLE XVIII - SENIORITY
18.1 Seniority, for the purposes of this AGREEMENT, shall be defined
as follows:
18.11 "Master Seniority" - the length of continuous regular
and probationary service with the ENlPLOYER from the
last date of employment in any and all class titles
covered by this AGREEMENT.
18.12 "Class Seniority" - the length of continuous regular
and probationary service with the ENIPLOYER from the
date an employee was first appointed to a class title
covered by this AGREEMENT.
18.2 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 EI�LOYER or to an elected or appointed
fulltime position with the UNION.
18.3 Seniority shall terminate when an employee retires, resigns,
or is discharged.
18.4 In the event it is determined by the EMPLOYER that it is necessary
reduce the work force employees will be laid off by class title
within each Department based on inverse length of "Class Seniority."
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.
18.5 The selection of vacation periods shall be made by class title
based on length of "Class Seniority", sub�ect to the approval
of the ENIPLOYER.
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ARTICLE XIX - JURISDICTION
19.1 Disputes concerning work 3urisdiction between and among unions
is recognized as an appropriate sub�ect for determination by
the various unions representing employees of the ENII'LOYER.
19.2 The EMf'LOYER agrees to be guided in the assignment of work �urisdiction
by any mutual agreements between the unions involved.
19.3 In the event of a dispute concerning the performa.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 II�LOYER to accomplish
the work as originally assigned pending resolution of the dispute
or to restrict the EMPLOYER's basic right to assign work.
19.4 Any employee refusing to perform work assigned by the II�LOYER
and as clarified by Sections 19.2 and 19.3 above shall be sub�ect
to disciplinary action as provided in Article 16 (DISCIPLINARY
PROCEDURES).
19.5 There shall be no work stoppage, slow down, or any disruption
of work resulting from a work assignment.
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ARTICLE XX - SEPARATION AND RETIREMENT
20.1 Employees having a probationary or regular employment status
shall be considered separated from employment based on the
following actions:
20.11 Resignation. Employees resigning from employment
shall give written notice fourteen (14) calendar
days prior to the effective date of the resignation.
20.12 Retirement. All employees shall retire from
employment with the ENNIPLOYER no later than the last
calendar day of the month in which an employee
becomes sixty-five years old.
20.13 Discharge. As provided in Article 16.
20.14 Failure to Report for Duty. As provided for in
Article 17.
20.2 Employees having an emergency, temporary, or provisional employment
status may be terminated at the discretion of the ENIPLOYER
before the completion of a normal work day.
- 21
ARTICLE XXI - TOOLS
21.1 All employees shall personally provide themselves with the
tools of the trade as listed in Appendix E.
�
- 22 -
ARTICLE XXII - GRIEVANCE PROCEDURE
22.1 The EMPLOYER shall recognize Stewards selected in accordance
with UNION rules and regulations as the grievance representative
of the bargaining unit. The UNIQN shall notify the EMPLOYER
in writing of the names of the Stewards and of their-�ccessors
when so named.
22.2 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 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 th� 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 II�IPLOYER.
22.3 The procedure established by this ARTICLE shall be the sole and
exclusive procedure, except for the appeal of disciplinary action
as provided by 16.3, for the processing of grievances, which are
defined as an alleged violation of the terms and conditions of
this AGREE�IENT.
22.4 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
- 23 -
ARTICLE XXII - GRIEVANCE PROCEDURE (CONTINUED) '
���-���
employee's supervisor. If the matter is not resolved
to the employee's satisfaction by the informal discussion
it may be reduced to writing and referred to Step 2 by
the UNION. The written grievance shall set forth the
nature of the grievance, the facts on which it is based,
the alleged sections(s) of the AGREEMENT violated, and
the relief requested. Any alleged violation ef 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 II�IPLOYER supervisor shall
meet with the UNION Steward and attenpt [o resolve the
grievance. If, as a result of this meeting, the grievance
remains unresolved, the EMPLOYER shall reply in writing
to the UNION within three (3) calendar days following
this meeting. The UNION may refer the grievance in
writing to Step 3 within seven (7) calendar days following
receipt of the EMPLOYER's written answer. An.y grievance
not referred in writing by the UNION within seven (7)
calendar days following receipt of the E1�Il'LOYER's answer �
shall be considered waived.
- 24 -
ARTICLE XXII - GRIEVANCE PROCEDURE (CONTINUED)
Step 3. Within seven (7) calendar days following receipt of a
grievance referred from Step 2 a designated EriPLOYER
supervisor shall meet with the UNION Business Manager
or his designated representative and attenpt 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
FNIPLOYER'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 IIKPLOYER in Step 3, by written notice to the
II�IPLOYER, request arbitration of the grievance. The
arbitration proceedings shall be conducted by an
arbitrator to be selected by mutual agreement of
the �LOYER 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
- 25 -
ARTICLE XXII - GRIEVANCE PROCEDURE (CONTINUED)
panel of five (5) arbitrators. Both the EMPLOYER
and the UNION shall have the right to strike two
(2) na�es 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 arbitrator. _
22.5 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 na authority to make a decision on any other issue not so
submitted. The arbitrator shall be without power to �►ake 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 o£ 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 II�LOYER, the UNION, and the employees.
- 26 -
ARTICLE XXII — GRIEVANCE PROCEDURE (continued)
22.6 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
shaZl be responsible for compensating its own representative and witnesses.
If either party cancels an arbitration hearing or asks for a last minute
postponement that leads to the arbitrators making a charge, the canceling
party or the party asking for the pos*_ponement shall pay this charge.
If either party desires a verbatim record of the proceedings, it may
cause such a record to be made providing it pays fox the record.
22.7 The time limits in each step of this procedure may be extended by mutual
agreement of the EMPLOYER and the UNION.
- 27 -
ARTICLE XXIII - RIGAT OP SUBCONTRACT
23.1 The F�IPLOYER may, at any time during the 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.
23.2 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.
- 28 -
ARTICLE XXIV - NON-DISCRIMINATION
24. 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 �embership or non-membership in the UNION.
24.2 Employees will perform their duties and responsibilities in _
a non-discriminatory manner as such duties and responsibilities
involve other employees and the general public.
- 29 -
ARTICLE XXV - SEVERABILITY "�'��_'�_�,'�
25.1 In the event that any provision(s) of this AGREEMENT is declared
to be contrary to law by proper legislative, administrative, or
3udiciaZ authority from whose finding, determination, or decree
no appeal is taken, such provision(s) shall he voided. All other
provisions shall cont�nue in full force and effect.
25.2 The parties agree to, upon written notice, enter into negotiations
to place the voided provisions of the AGREEMENT in complianance
with the legislative, administrative, or judicial determination.
- 30 -
ARTICLE XXVI - WAIVER
26.1 The EMPLOYER and the L�tION acknawledge that during the meeting
and negotiating which resulted in this AGREEI�IENT, 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
excercise of this right are fully and completely set forth in
this AGREEMENT.
26.2 Therefore, the EMPLOYER and the UNION foz 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 �1PLOYER may, however, mutually
agree to modify any provision of this AGREEMENT. '
26.3 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.
- 31 -
• ARTICLE XX�III - CITY MILEAGE PLAN
27. 1 Automobile reinbursement Authorized: Pursuant to Chapter 92A
of the St. Paul Legislative Code, as amended, pertaining to
reimbursenent of City officers and employees for the use of their
own automobiles in the performance of their duties, the following
provisions are adopted.
27.2 Method of Computation: To be eligible for such reimbursement all
officers and employees must receive written authorization from the _
Mayor. Reimbursen2nt shall be made in accordance with one of the
following plans:
Type 1. For those officers and employees who are
required to use their own auto�obiles occasionally
for official City business, reimbursement at the
rate of 14 cents for each mile driven.
Type 2. For those officers and employees who are
required to use their own autosobiles 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::.p.f 7.5 cents for each mile driven.
27.3 Rules an@ Regulations: The Mayor shall adopt rules and regulations
governing the procedures for automobile reimbursement, which
regulations and rules shall contain the requirement that recip-
ients shall file daily reports indicating place of origin and
destination and applicable mileage ratings thereat and indicating
total miles driven, and shall file monthly affidavits stating
the number of days worked and the number of miles driven, and
further required that they maintain automobile liability insurance
in amounts not Iess than $100,000/300,000 for personaZ injury,
and $25,000 for property damage, These rules and regulations, _
together with any amendments thereto, shall be naintained on
file with the City Clerk.
- 32 -
�����
�
ARTICLE XXVIII - MATERNITY LEAVE
28.1 riaternity Leave. Maternity is defined as the physical state of
pregnancy of an employee, commencing eight (8) months before the
estimated date of childbirth, as determined by a physician, and
ending six (6) months after the date of such birth. In the event
of an employee's pregnancy, the employee may apply for leave
without pay at any time during the period stated above and the
employer may approve such leave at its option, and such leave
may be no longer than one (1) year.
- 33 -
.-__...__..�__:... . _ i _ _.. _ . . _
ARTICLE XXIX - DURA.TION AI3D PLEDGE
29. 1 This agreersent shall become effective as of June 1, 1978, and
shall remain in effect through the 30th day of Apri1, 1980, and
continue in effect from year to year thereafter unless notice
to change or to terminate is given in the manner provide in 29.2.
29.2 If either party desires to terminate or modify this AGREE�iENT,
effective as of the date or expiration, the party wishing to
modify or terninate the AGREF��NT shal? 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 AGREEi�1ENT may only be so terminared or modified effective
as of th2 expiration date.
' 29.3 In consideration of the terms`' and conditions of employrr:ent
established by this AGREEMENT and the recognition that the
GRIEVANCE PROCEDURE herein established is the means �y which
grievances concerning its application or interpretation �ay
be peacefully resolved, the parties hereby pledge that during
the term of t�e AGREEMENT:
29.31 The UNION and the e�ployees �oill not engage in,
instigate, or condone any concerted action in
which employees fail to report for duty, willfull}�
absent the�selves from �ti•ork, stop work, slow down
their �:ork, or absent themselves in �ohole or part
fron the fu11, faithful performance of their
duties of employment.
_ �c� _
ARTICLE XXIX - DURATION AND PLEDGE :(continued)
29.32 The II�LOYER will not engage in, instigate, or
candone any lock-out of empZoyees.
29.33 This constitutes a tentative agreement between
the parties which will be recommended by the City
Negotiator but is subject to the approval of the
Administration of the City and is also subject to
ratification by the UNION.
AGREED to this 15th 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 INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 110
� � / ` �.� �� .�.i � ` I%i� �l,t"f7'2�/ .
Labor Relations zre r ;r✓,�,"� Bus�riess .Manager � ` �
� , •- � �;
Civil Service Commission
- 35 -
, . �,�,����
APPENDIX A
The classes of positions recognized as being exclusively represented
by the UNION are as follows:
ElecCrician--General Foreman
Electrician--Foreman
Electriciat�
Apprentice Electrician.
Senior Electrical Insgector
Electrical Inspector
and other classes of positions that may be established by the EMPLOYER
where the scope of the work duties and responsibilities assigned comes
within the jurisdiction of the UNION.
- A1 -
APPENDIX B
For all normal work weeks established pursuant to the provisions
of Article VIII of this contract, which includes Sunday, the follo�aing
provisions shall apply and govern:
1. All regular electricians employed prior to January l, 1976
shall be offered assigrcment to the work week on a seniority
basis, and all such employees shall have the right to refuse
assignment to the workweek. This refusal is subject to the
provisions listed below.
2. All regular electricians employed subsequent to January 1,
1976 �ay be assigned to vacancies in this work week.
3. All regular electricians shall have the right to bid on and
obtain assignment of a position occupied by an electrician
with lesser class seniority within 30 calendar days from the
date that said position was last filled.
4. Any regular electrician may be assigned, on a temporary basis,
to the workweek, to replace an electrician who is absent
because of vacation, illness, paid military leave, jury duty
or any other leave acceptable to both parties. These tem-
porary assignments shall be made on the basis of seniority and
in no instance shall anq one employee be required to work on
such temporary basis for more than 15 work days or the total
temporary assignment to exceed 90 work days.
- Bl -
� APPENDIX C
The basic hourly wage rate for provisional, regular and probationary employees
appointed to the following classes of positions who are not covered by the
provisions of Article 12.2.
Effective Effective
6-01-78 S-01-79
ylectrician-General Foreman. . . . . . . . $12.21 $12.84
Electrician-Foreman. . . . . . . . . . . . $11.49 $12.12
Electrician. . . . . . . . . . . . . . . . $10.77 $11.39
Senior Electrical Inspector. . . . . . < . . $12.21 $12.84
Electrical Inspector . . . . . . . . . . . $11.49 $12.12
The basic hourly wage rate for temporary and emergency employees appointed to
the following classes of positions shall be:
Effective Effective
6-01-78 5-01-79
Electrician-General Forer�an. ". . . . . . . $12.70 $13.35
Electrician-Foreman. . . . . . . . . . . . $11.95 $12.60
Electrician. . . . . . . . . . . . . . . . $11.20 $11.85
Apprentice Electricia.n
0 - 6 months . . . . . . : . . . . . . 45% of Electrician rate
7 - 12 months. . . . . . . . . . . . . 50% of Electrician rate
13 - 18 months. . . . . . . . . . . . . 55% of Electrician rate
19 - 24 moaths. . . . . . . . . . . . . 60% of Electrician rate
25 - 30 months. . . . . . . . . . . . . 65% of Electrician rate
31 - 36 months. . . . . . . . . . . . . 75% of Electrician rate
37 - 42 months. . . . . . . . . . . . . 80% of Electrician rate
43 - 48 months. . . . . . . . . . . . . 85% of Electrician rate
- Cl -
� APPENDIX C (continued)
The basic hourly wage rate for regular employees appointed to the following
classes of positions, who are covered by the provisions of Article 12.2 of this
AGREEMENT, shall be:
Effective Effective
6-01-78 S-01-79
Electrician-GeneraZ Foreman. . . . . . . . $12.20, *
Electrician-Foreman. . . . . . . . . . . . $1Z.46 *
Electrician. . . . . . . . . . . . . . . . $10.72 *
Senior Electrical Inspector. . . . . . . . . $12.2Q *
Electrical Inspector . . . . . . . . . . . $11.46 *
*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 Iess the cost of health and
life insurance, holiday, pension and vacation for 1979 incurred by the employer
for employees in this bargaining unit.
Electrici.an General Foreman. . . . . . . . . . . . . . . $16.59
Electrician Foreman. . . . . . . . . . . . . . . . . . . $15.66
Electrician. . . . . . . . . . . . . . . . . . . . . . . $14.73
Senior Electrical Inspector. . . . . . . . . . . . . . . $16.59
Electrical Inspector . . . . . . . . . . . . . . . . . . $15.66
Employees who work on a regularly assigned shift, beginning ea.rlier than 6 a.m. or
ending later than 6 p.m., provided that at least five hours of the shift are worked
between the hours of 6 p.m. and 6 a.m., there shall be paid a night differential
for the entire shift.
Employees who work on a regularly assigned shift, beginning earlier than 6 a.m. or
ending later than 6 p.m., but less than five hours of the shift are worked between
the hours of 6 p.m. and 6 a.m. , there shall be paid a night differential for the
hours worked between the hours of 6 p.m. and 6 a.m.
The night differential shall be 5% of the base rate, and shall be paid only for
those night shif ts actually worked.
- C2 -
APPENDIX D
Effective June 1, 1978, the EMPLOYER shall contribute twenty-one (21)
percent of the gross monthly payroll for all pa�ticipating employees plus $ .OS
per hour for all hours worked by such employees covered by this AGREEMENT as
defined in Articles 12.3, 12.4 and 12.5 to the Electrical Industry Board of
St. Paul. Effective May 1, 1979, this contribution shall become twenty-one (21)
percent plus $ .04 per hour. -
Effective June 1, 1978, the EMPLOYER shall contribute three (3) percent
of the gross monthly payroll for all participating employees covered by this
AGREEMENT as def ined in Articles 12.3, 12.4 and 12.5 to the National Emplcyees
Benefit Fund (N.E.B.F.) in accordance with the rules and regulations of the
trustees of the N.E.B.F.
The EMPLOYER shall establish Workman's Compensation and Unemployment
Compensation programs as required by Minnesota Statutes.
Participating em.ployees as defined in Articles 12.3, 12.4 and 12.5 covered by
this AGREEMENT shall not be eligible for, governed by, or accumulate vacation,
sick leave, holiday, funeral leave, �ury dnty, or insurance fringe benefits that
are or may be established by Personnel Rules, Council Ordinance, or Council
Resolution.
The IIKPLOYER'S fringe benefit obligation to participating employees covered
by this AGREEMENT, as defined in Articles 12.3, 12.4 and 12.5 is limited solely to
the contributions and/or deductions established by this AGREEMENT. The actual
level of benefits provided to employees shall be the responsibility of the trustees -
of the various funds to which the EMPLOYER has forwarded contributions and/or
deductions.
- D1 -
� 2'71�1�
APPENDIX E
Pocket Tool Punch and Belt
6." Rule
9" or 10" Aluminum Level
8" Side Cutters
Crimping Tool
10" Crescent Wrench
Combination Box-Open End Wrenches 3/8" - 3/4"
Socket Set of equivalent sizes
Cold Chisel and Center Punch
Taps 6/32 - 8/32 - 1Q/32 - 10/24 - 1/4 20
Tap Wrench
File Rasp 12" 1/2 Round and Rat Tail
Hack Saw 12" Blade
Screw Drivers 4" - 8" - 12" Reg. Slot and 4" and 6" Phillips
Flashlight
Tester, 600 v. Solenoid Typs
Combinations Square
Knife
Long Nose Plier
Diagonal Cutting Pliers
2 Pair Channel Locks
14" Pipe Wrench or Chain Wrench
Allen L�Irenches "
Hammer, Ea11 Pein
- E1 -
APPEIvTDIX E (CONTINUED)
Scrath Awl
Drills - in accordance with Tap sizes 9/32 and 3/8
Fuse Puller
Angle Screw Driver
Tool Box to hold the above tools
The ENIPLOYER shall furnish all other necessary tools or equipment.
Employees will be held responsible for tools or equipment issued to them,
providing the EMPLOYER furnishes the necessary lockers, "gang box" or
other safe place for storage.
The EMPLOYFR shall replace with similar tools of equal value and quality
any of the above listed tools which are turned in by an employee which are no
longer serviceable because of wear or breakage, providing the employee has been
employed for nine (9) continuous months or more.
- E2 -
r �����
�
A.PPENDIX F
WORKING CONDITIONS FOR SENIOR ELECTRICAL INSPECTORS
AND ELECTRICAL INSPECTORS
As a result of the 1974 settlement, the Parties have established
craft-determined rates for Senior Electrical Inspectors and for
Electrical Inspectors, with the specific understanding that such
agreement is restricted to establishing rates of pay for such clas-
sifications.
It is, consequently, agreed that the Employer in applying Article 3,
EMPLOYER RIGHTS - of the MAINTENANCE LABOR AGREEMENT, shall have the
right to operate the Department in the same ma.nner as heretofore,
with sanagement rights unaffected, and that the establishment of
separate rates for these classifications as well as for Inspector
classifications in other Bargaining Units, 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 L'nion
because members of various Inspector classifications are assigned to
work which is also performed by other Inspector classifications.
- F1 -
• . �'718��
1978 - 1979
MAINTENANCE LABOR AGREEMENT
- between -
INDEPENDENT SCHOOL DISTRICT N0. 625
- and -
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 110
I N D E X
TITLE ARTICLE 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 $
IX Overtime 9
X Call Back 10
XI Work Location, Residency 11
XII Wages and Fringe Benefits 12
XIII Selection of Foreman and General Foreman 14
XIV Early Retirement Insurance Benefits 15
XV Holidays 16
XVI Disciplinary Procedures 17
XVII Absences From Work 18
XVIII Seniority ,. I9
XIX Jurisdiction 20
XX Separation and Retirement 21
XXI Tools 22
XXII Grievance Procedure 23
XXITI Right of Subcontract 28
XXIV Non-Discrimination 29
XXV Severability 30
XXVI Waiver 31
XXVII Mileage-Independent School District N0. 625 32
XXVIII Maternity Leave 33
XIX Duration and Pledge 34
Appendix A A1
Appendix B Bl
Appendix C Cl
Appendix D D1
Appendix E E1
Appendix F F1
- ii -
P R E A M B L E
This AGREEMENT is entered into on this day of , 1978,
between the Independent School District No. 625, hereinafter referred to as
the EMPLOYER and the International Brotherhood of Electrical Workers, Local 110
hereinafter referred to as the UNION.
The EMPLOYER and the UNION concur that this AGREEMENT has as its
objective the promotion of the responsibiZities 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 t'ne UNION agree that the purpose for entering
into this AGREE�IE�TT is to:
1.11 Achieve orderly and peaceful relations, thereby
establishing a system of uninterrupted operations
and the highest level of etnployee perior�ance 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 EriPLOYER and the UNION;
1.13 Establish procedures to orderly and peacefully resoZve
disputes as to the application or interpretation of
this AGREEMENT without loss of sanpocYer productivitp.
1.2 The E1tiPL0YER and. the UNION agree that this AGREE�TEP7T serves as a
suppleBent to legislation that creates and directs the F.��IPLOYEP..
If any part oi this AGRE�IENT is in conflict with such legislation,
the latter shaZl prevail. The parties, on written notice, agree
to negotiate that part in conflict so that it conforuzs to the
statue as provide� by Article 25 (SEVERABILITY).
- 1 -
ARTICLE II - F�ECOGNITION
2.1 The II`SPLOYER recognizes the L'I�'ION as the exclusive representative
for collective bargaining purposed for alI personnel having an
employaent status of regular, probationary, provisional, temporary,
and eBergency em�loyed in the classes of positions defined in 2.2
as certified by the Bureau o€ Mediation Services in accordaace
with Case No. 73-PR-477-A dated ApriZ 16, 1973.
2.2 The classes of positions recognized as being exclusively represented
by the UNION are as listed in Appeadix A.
- 2 -
ARTICLE III - Ei�IPLOYER RIGHTS -
3.1 The EMPLOYER retains ti�e right to operate and �anage all sanpower,
facilities, and equipment; to establish functions and programs;
to set and amer_d budgets; to �eternine the utilization. of
technologp; to establish and modify the organizational structure;
to select, direct, and determine the number of personnel; and to _-
perform any inherent managerial fur.ction not specifically limited
by this AGREEMENT.
3.2 Any "term or condition of employr�ent" not established by this
AGREEMENT shall remian with the �*I�PLOYER to �liminate, modify, ox
establish following written notification to the UNIOI3.
_ .� _
���.��'2
ARTICLE IV - Wi ION RIGHTS
4.1 The EMPLOYER shall deduct from the wages of empZoyees who authorize
, such a deduction in writing an a�ount necessary to cover monthly
` UNION dues. Such monies deducted shall be remitte� as �irected by
the UNION.
4.11 The E�LLPLOYER shall not deduct dues from the wages
of employees covered by this AGREII�NT for any other
labor organization.
4.12 The UNION shall indemnir"y and save harmless the
E�iiPLOYER from any and aIl clai�s or charges made
agaiast the EMPLOYER as a result of the implementation
of this ARTICLE.
4.2 The UNION may designate oree (1) employee from the bargaining unit
to act as a Steward and shall inform the E�LOYER in writing'of
such designatiori. Such enployee shall have the rights ar.d respon-
sibilities as designated in Article 22 (GRIEVANCE PROCEDURE) .
4.3 Upon notification to a designated Et�'LOYER supervisor, the Busi.ness
Manager of the iTNION, or his designated representative shall be
permitt�d to enter the facilities of the EriPLOYER where e�pZoyees
covered by this AGREEMENT are cvorking.
- 4 -
ARTICLE V - SCOPE OF THE AGREEM�NT
5. 1 This AGREEMENT established the "terms and conditior.s of emplo}�sent"
defined by M.S. 179.63, Subd. 18 for all er.tployees exclusively
re�resented by the UNION. This �AGREEMENT shall supercede such
"terms and con�itions of employment" established by Civil Service _
Rule, Council Ordinance, and Gauncil Resolution.
- 5 -
� , ARTICLE VI - PROB�tI0�1ARY PEP.IODS
6.1 A11 personnel, originally hired or rehired following separation,
in a regular enployment status shall serve a (6) nonthts probationary
- period during which time the employee's fitness and abiltity to
perform the class of positions' d�ties and responsibilities sha11
be evaluated.
6.1I At any time during the probationary period an
employee may be terminated at the discretion of the
EMPLOYER without appeal to the provisions of
Artic?e 22 (GRIEVANCE PROCEDiJZE) .
6.12 An enployee terminated during the probationary period
shall receive a written aotice of the reason(s) for
such termination, a copy of which shall be sent to the
LRvIOh.
6.2 All personneZ promoted to a ,higher class of positions sha?1 'serve
a six (6) non�hs' pro�otional probationary period during which
time the eaployee's fitness and abil3.ty to perform the class of
positioas' duties and responsibilities shall be evaluated.
6.21 At any tise during the promotional probationarp period
an enployee nay be demoted to the employee's
previously held class of positions at the discretioa of
the �IPLOYER without appeal to the provisions of �
Articl.e 22 (GRIEVANCE PROCEDURE) .
6.22 An e�ployee desoted during the promotional
probationary period shall be returned to the
emploJee's previously held class of positions ar.d
shall receive a �aritten notice of the reasons for
der..otions, a copy of which shall be sent to the L`�1ION.
- 6 -
• . ARTICI.E �TII - PHILOSOPIiY OF EiIPL0Y�IEIVT AND COi�'ENSATION
��� ��� �
7.1 T'n� E,'��LOYER and the UNION are infull agrPement that the
philosophy of employTnent and compensation shall be a "cash"
hourly wage and "industry" fringe benefit syste�.
7.2 The E�`Q'LOYER shall compensate employees for aIl hours worke�
at the basic hourly wage rate and hourly fringe benefit rate as
found in Articles 12 (WAGES AND FRINGE BENEFITS) . "
7.3 No otner compensation or fringe benefit shall be accuaulated
or earried by an employee except as specifically provided for
in this AGRE�NT; except those employees who have individually
optioaed to be "grandfathered" as provided by 12.2.
- 7 -
' • ART�CLE VZZZ - HOURS OF jdOR�C
8.1 The normal wor'�c day shall be eight (8) consecutive hours per day, excludi�g
a thirty (30) ninute unpaid lunch period.
8.2 The nor�al work week shall be five (5) consecutive noraal work days in any
seven (7) day period.
8.3 Shifts othzr than the regular daytime shift rionday through Friday nay be
established. Such shifts must be maintained for a period of at least one (1)
work week. The second shift shall be a regularly scheduled shift which fo3Zows
a regularly scheduled first shift of five (5) hours or greater. T�e third shift
shall be a regularly scheduled shift which follows a regularly scheduled second
shift of five (5) hours or greater.
8.4 For employees on a shift basis, this shall be construed to mean an average of
forty (40) hours a week. �
8.5 This section shall not be construed as, and is not a guarantee of, any hou�s of
work per normal work day or per norma.l wark week.
8.6 An employee nor�ally working'on a particular shift may be transferred fron
that shift to another shift upon one week's notice; provided, however, tha�
in the event of a vacancy, an esaployee may be assigned to another shzft to fill
such vacancy upon 24 hours' notice.
8.7 All employees shall be at the work I.ocation 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 d?rected
by their supervisor.
8.8 Al1 employees are subject �o ca1Z-back by the EMPLOYER as provided by Artic?e
10 (CALL BACK) .
8.9 Employees reportino for work at the establisheC starting tir�e and for wno� no
work is available shall receive pay for two (Z) hours, at the basic �ourly
rate, unless notification has been given not to report for work prior to I�vzng
home, or during the previous �aork day.
8. 10 The employer snal.l be required to give no less than six and one-half (b�� �-�ours
notice, when an e.^�ployee is to be laid off.
- 8 -
ARTICLE IX - OVERTL'��=
9.1 Al1 overtine compensated for by the EriPLOYER 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 claim will not be honored, even though
shown on the tine 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 uader the following circu�stances:
9.2I Time worked in excess of eight (8) hours in any one
norsaZ work day and
9,22 Time worked on a sixth (6th) day following a normal
work wee'�.
9.3 The overtime rate of two (2)�times the basic hourly rate shall be
paid for work performed under the following circur�stances:
9.31 time worked on a holiday as defined in Article 16
(HOLIDAYS} ;
9.32 Time worked or_ a seventh (7th) �ay following a
normal work week; and
9.33 Time worked in excess of twelve (Z2) consecutive hours
in a twenty-four (24) hour period, provided, that all
"e�ergency" work required by "Acts of God�' sha1l be
compensated at the rate of one and one-half (1'�) .
9.4 For the purposes of calcuZating overti�e compensation overtime
hours �•�ork2� shall not be "pyra^ided", conpounded, or paid tZVice -
for the sa�e hours worked.
9.5 Overtime hours worked as provided by this ARTICLE shalZ be paid
in cash.
- 9 -
ARTICLE X - CALL BACK
10.1 The EMPLOYER retains t�.e right to call back e�ployees before an
employee has started a normal w�r'�c day or nornal work week an�
after an employee has conpleted a normal work day or nor�1 wor'�c
week.
10.2 Employees called back sha11 receive a minimum of four (4) hours
` pay at the basic hourly rate. �
10.3 The hours worked based on a call-back shall be compensated in
accordance with Article 9 (OVERTIME) , when applicable, and subjeet
to minimvaa established by 10.2 above.
10.4 Employees calZed back four (4) hours or less prior to their
norm.al wor'_� day shall comglete the normal work day and be co�pensated
only for the overti�e hours,,.�vorked in accordance with prticle 9
(OVERTIP�) .
i
- 10 -
ARTICLE XI - jJORK LOCATION, RESIDENCY
11. 1 Employees shall report to work location as assigned by a designated
EMPLOYER supervisor. During the r.ormal work day esployees �ay
be assigned to other work locations at the discretion of the
F.1�IPLOYER.
� 11.2 Employees assigned to work locatzons during the nornal �vork day,
other than their original assignnent, and who are required to
furnish their own. transportation shall be comper.sated for �ileage.
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 appointnenC, 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 c7ilZ 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 deternine whether the residen_cy require�ent was �et.
- 11 -
� ' ARTICLE XII - WAGES AND FRINGE BENEFITS
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 12.7 (FRINGE BENEFITS).
12.21 Insurance benefits as established by the City of Saint
Paul.
12.22 Sick Leave as established by Ordinance No. 3250, Section
35 Subdivision E.
12.23 In each calendar year, each full-time employee who is
eligible for vacation shall be granted vacation according
to the following schedule:
Years of Service Vacation Granted
Less than 5::�ears 15 days
After 5 years thru I5 years 20 days
After 15 years and thereafter 25 days
� Employees who work less than full-time shall be granted
vacation on a pro rata basis.
The above provisions of vacation shall be subject to
Ordinance No. 6446, Section I, Subdivision H.
12.24 Nine (9) legal holidays as establish.ed by Ordinance No.
6446, Section l, Subdivision I.
12.25 Severance benefits as established by Ordinance No. 11490
with a maximum payment of $4,000.
12.3 Regular employees covered by the Fringe Benefits in 12.2 shall
have the �ight to transfer from this coverage. Employees requesting
such transfer shall be considered participating employees and will
no longer be covered by the fringe benefits in 12.2 but shall be
covered by 12.4.
- 12 -
' • +�-� i �.��,�
ARTICLE XII - 4IAGES AND FRINGE BENEFITS (continued)
12.4 Regular ersployees not covered by the fringe benefits listed in
Article 12.2 snall be considered, for the purpose of this ACREEMEIVT,
participating employees and shall be compensated in accordance
with Article 12.1 (WAGES) and have frir_ge benefit contributicr_s
and/or deductions made on their behalf as provided for by Article --
12.7.
12.5 Provisioaal, temporary, and emergency employees sr�all be considered,
for the purposes of this AGREEME1�iT, participatiag employees and
shall be compeasated in �ccordance with Article 12.1 (tdAGES) and
have fringe benefit contributions ar.d/or deductions �ade in their
behalf as provided for by Artic].e 12.7.
12.6 All regular erployees employed after February 15, 1974, shall be
considered, for the purgose of this AGREEI�IEt3T, participating
employees and shall be compeasated in accordance wi.th Article 12.1
(WAGES) and have fringe benefit contributions and/or deductions
r.�ade on their behalf as provided for by Article 12.7.
12.7 The EtfPLOYER shall make contributions on behalf of and/or nake
deductions fro:n the �aages of e�ployees covered by this AGRE ,P'-iiENT
in accordar_ce with Appandix D for all hours worked.
- 13 -
� � 2'7� ���.�
ARTICLE hIIT - SELECTI0:�1 OF FOR�.."'�IAN AI�'D GENER4L FOREMAN
13.1 The selection of personnel for the class of positions Electrician--
General Fore�.an and Foresan shall remain solely with the E1�IPLOYER.
13.2 The class of positions Electrician--General Fore�an and Fore�an
shall be filled by employees of the bargaining unit on a
"temporary assignment".
13.3 All "temporary assignments" shall be m_ade oaly at the direction
of a designated E�fiPLOYER supervisor.
13.4 Such "temporary assignments" shall be mad.e only in cases where
the class of positions is vacant for more than one (1) norr�al
work day.
- 14 -
ARTICLE XIV - EARLY RETIRE.fENT IN5URr1I�CE BENEFITS
14.1 For those e�ployees that are covered by the Fringe Benefits - Article 12,
the Ei•iPLOYER will provide life, hospital and nedical insLrance for early
retirees who have retired since July 24, 2974, in the same proportionate
amounts of premium as provided by II�'LOYER for active employees.
14.2 In order to be eligible for the benefits under this early retiree provision,
the employee must:
14.21 Be receiving benefits from a public employee retirement
act at the time of retirement.
14.22 Have severed his relationship with the City of Sairtt Paul
under one of the early retiree plans.
14.23 Infor� the Personnel Office of the City of Saiat 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.
14.3 I3otwithstan3ing any provision of this Article to the contrary, EtiPLOYER
premium payaents on behalf of early retirees shall com�ence June 1, I977
and shall not be interpreted to apply retoractively or act in reimburse�e�t.
14.4 Any obligation of the EMPLOYER to an early retiree as defined herein shal�
cease when such early retiree reaches age sixty-five (65) .
- 15 -
ARTICLE XV - HO�IDAYS
15.1 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
15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday,
the following Monday shall be considered the designa.ted holiday. When arip
of these three (3) holidays falls on a Saturday, the preceding Friday shall
be considered the designated holiday. For those employees assigned to a
work week other than Monday through Friday, these three holidays shall be
observed on the calendar date of the holiday.
15.3 The nine (9) holidays shall be considered non-work days.
15.4 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) .
15.5 Employees covered by the Fringe Benefits in 12.2 and working on a designated
holiday shall be compensated� at the rate of two (2) times the basic hourlp
rate for all hours worked.
15.6 Employees not covered by the Fringe Benefits in 12.2 and assigned to work on
PresidentTs Day, Columbus Day or Veter.ans' Day shall be compensated on a
straight time basis for such hours worked.
15.7 Employees not covered by the Fringe Benefits in 12.2 and assigned to work on
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Daq,
or Christmas Day shall be compensated at a rate of two (2) times the basic
hourly rate for such hours worked.
15.8 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. -
- 16 -
.i_ ._ __... _ . ..: : __.. __: _ _ _ __.. . . _ . _ _.
-�-.; �_._,.r..._ . . _ .
� ._ ;� _.
..
ARTICLE XVI - DISCZPLINARY PROCEDU`RES
16.1 The II°iPLOYER shall have the right to iapose disciplinary actions
on employees for just cause.
1b.2 Disciplinary actions by the EriPLOYER shall include only the
following actions:
16.21 Oral reprimand -
16.22 Written reprimand
16.23 Suspension -
16.24 Demotioa
16.25 Discharge
16.3 Employees who are suspended, denoted 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 Serc�ice
Commission, or a designated Boarc� of Revie�v, shall be the sole ar_d
er>clusive �:ear.s of reviewir_g 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 22 (GRIEVANCE PROCEDU-RE).
ARTICLE XVII - ABSE*:CES FROM WORK
17.I E�ployees 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.
17.2 Failure to make such notification may be grounds for discipline -
as provided in Article lb (BISCIPLINARY PROCEDURES).
17.3 Failure to report for �aork without notificatian for three (3)
consecutive normal work days may be considered a "quit" by tre
�iPLOYER on the part of the enployee.
,o
, ' ���,���
ARTICLE k"VIII - SENIORIZY
18.1 Seniority, for the purposes of this AGREE�LSENT, shall be define�
as follows: �
18.11 "Master Seniority" - the length of continuous regular
and probationarp service �,rith the ErIPLOYER from the
last date of er�ployr�ent in any and all class titles
covered by this AGREEMENT. --
18.12 "Class Seniority" - the length of continuous regular
and probationary service with the EriPLOYER fro� the
date an employee was first appointed to a class title
cavered by this AGREEIy:ENT.
18.2 Seniority sha11 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 gra�ted because of illness or injury;
is granted to allow an e�:ployee to accept an appointment to the
unclassified service of the E�iPLOYER or to an elected or appointed
fulltime position with the UNION.
18.3 5eniority shall tereiinate when an employee retires, resigns,
or is discharged.
18.4 In the event it is determirced by the EMPLOYER that it is necessary
reduce the work force employees will be laid off by class title
within each Departaen� based on i.nverse length of "Class Seniority."
Employees laid off shall have the right to reinstatement in any
loG�er-paid class title, provided, employee has greater "i•iaster
Sen3ority'' thar_ the eL,plo�ee being replaced. -
18.5 The selection of vacation periods shall be made by class title
based on length of "Class Seniority", subject to the approval
of the II'��LOI'E�.
ARTICLE XIX - JURISDICTION
19.1 Disputes concerning work jurisdiction between ar.d amor.g unions
is recognized as an appropriate subject for deter�inatior. by
the various unions representing e�ployees of the II`iPLOYER.
19.2 The EMPLOYER agrees to be guided in the assigr.ment of wor'� jurisZiction
by any mutual agreements between the unions involved. _-
19.3 In the event oi a dispute concerning the perforaance or assigr.�ent
of work, the unians involved and the EMPLOYER shaZl seet as soon
as �utually possible to resolve the dispute. Nothing in the
foregoing shall restricC the right of the ��LOYER to acco�glish
the work as originally assigr_ed pending resolution of the dispute
or to restrict the EMPLOYER's basic right to assign work.
19.4 Any emploqee refusing to perform work assigned by the ��LO�ER
and as clarified by Sections 19.2 and 14.3 above shall be sucjec�
to disciplinary action as provided in Article 16 (DISCIPLI�'�.�Y
PROCEDURES).
19.5 There shall be no work stoppage, sZow downs or any disruptioa
of work resulting from a work assignment.
- 20 -
AP.TICLE XX - SEPA.�LATIOiv A.�� RETIRF�iE�iT
20. 1 Employees having a probationary or regular e�ployment status
shall bs considered separated from em�loynent based ort the
following actions:
20.11 Resi�nation. Enployees resigning from eaployment
shall give written notice fourteen (14) caler.dar
days prior to the effective date of the resignation. -
20.I2 Retiresent. All employees shall retire from
e�ploy�ent with the EMPLOYER no later than the last
calendar day of the aonth in which an employee
becomes sixty-five years old.
20.13 DischarQe. As provided ia Article 16.
20.14 Failure to P.eport for Duty. As provi.de� for in
Article 17.
20.2 Employees having an emergency, temporar}.�, or provisional employment
status raay be terninate� at the c�iscretion of the ENfPLOYER
before the conp�etion of a nor�al work day.
- 21
ARTICLE XX� - TOOLS
21.1 All esployees shall personally provide themselves with the
tools of the trade as Iisted in Appendix E.
�.
� 22 -
ARTICLE �iII - GRIEV�`ICE PROCEDURE
22.1 The EMPL�YER, sha11 recognize Ste�aards selected in accordance
with U'tiION ruZes and regulations as the grievance representat�ve
of the bargaining unit. The UNIO�I shall notify the E��LOYER
in writing of the names of the Stewards and of their successors
wh2n so nased.
. 22.2 It is recognized and accepted by the E�IPLOYER and the UI3ION
that the processir.g of grievances as hereinafter provided is
13.nited by the job duties and responsibilities of the emplopees
and shall therefore be ac�oapli.shed during working hours only
- when consistent with such employee duties and responsibilities,
The Steward involved and a grieving eu�ployee shall suffer no
loss in pay wher_ a grievance is processed during working hours,
provided, the Steward and the` employea have notified znd received
� the approval of their supervisor to be absent to process a
gri.evance and that such absence would not be detriv�ental to
the work programs of the EMPLOYER.
22.3 The procedure established by this ARTICLE shall be the sole ar_d
exclusive procedure, except for the appeal of disciplinarp action
as prov�ded by 16.3, for the processing of grievances, which are
defin�d as an a?leged viol,ation of the tercis and conditicns of
this AGRE�IENT.
22.4 Grievances shzil be resolved in co�.formance �aitn the followzng
procedure:
Step 1. Upon the occurence of an alleged vioZation of this
AGREE'i�:T, the employee involved shall atte;�pt to
resolve t,le natter on an informal basis t�,ith the
ARTICLE XXII - GRIEV�ICE PROCEDL'RE (CONTIti'iIED)
e�ployee�s supervisor. If the matter is not resolved
to the empZoyee's satiszaction by the inforr.�al discussion
it may be reduced to writing and referred to Step 2 by
the UtiI0i3. The written grievance shall set forth the
nature of the grievance, the facts on which it is based,
the alleged sections(s) of the AGREF.�iENT violated, and -
the relief requested. Any alleged violation of the
AGREII`�I3T not reduced to writing by the UNION within '
seven (7) caleadar 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 II�LOYER supervisor shall
meet with the UNION Steward ar.d attempt to resolve the
grievance. If, as a result of this meeting, the grievance
remains unresolved, the EMPLOYER shall reply in writiag
to the tT1V'ION within three (3) calendar days followino
this r�eeting. The UNIO�I may refer the grievance in
writing to Step 3 within seven (7) calendar days following
receipt of the EMPLOYER's �rritter. ans�aer. Ar_y grievance.
not referred ir. writin� by the LT�1IOTi witnin seven (7)
calendar �ays followino receip'� of the E�-IPLOYER's answer
shall bz considered �aazved.
- 24 -
A.RTICLE XYII - GRIEV��CE PROCEDU-RE (CO:vTINi1ED)
Stea 3. Within seven (7) calendar days followir�g receipt of a
grievance referred from Step 2 a designated F�.�IPLOYER
sup2r,risor shall �eet with the UI3ION Business M2na�er
or his designated representative and attenpt to resolve
the grievance. Within se�ren (7) caleudar days following
this �eeting the �IPLOYER shall reply in writing to _
the L':iION stating the II�LOYER1S answer cozcerning
the grievance. If, as a result of the written -
response the grievance re�ains unresolved, the UPtIQN
may reier the grievance to Step 4. Any grievance not
referred to ia writing by the UNION to Step 4 wi.thin
seven (7) calendar days following receipt of the
�IPLOYERtS answer shall be considered waived.
SteP 4. If the grievance remains unresolved, the Union may
withia seven (7) calendar days after the response of
the E:'�LOYER in Step 3, by writterc notice to the
�iPLOYER, request arbitr�,tion of the grievance. The
arbitration proceedings shall be conducted by an
arbitrator to be selected by mutual agreement of
the ���LOYER and the UNION within seven (7) caler.dar
days after notice has been giver.. If the parties
fail to rsutually agree upon an arb�trator within the
said seven (7) day period, either party nay request
the Public Er.lploy�ent Relation Board to subnit a
,
- 25 -
ARTICLE XXII - GRIE��AIvCE PROCEDL'RE (CONTIIv'i3ED}
panel of five (5) arbitrators. Both the II�IPLOYER
and the IT�^iION shall have the right to strike t�ao
(2) r_zmes from the panel. The Union shal.l strike
the first (Ist) name; the IIKPLOYEP. shall ther_
strike one (1} name. The process will be repeated
and the reciaining person shall be the arbitr2tor. -
22.5 The arbitrator shall have no right to asend, �odify, rullify,
ignore, add to, or subtract from the provisions of this AGREE`SENT.
The arbitrator shall consider and decide only the specific issue
submitted in writiag 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 inconsistant �aith or modifying or varying in ar.y way
the application of laws, rules, or regulations having the force and
effect of law. The arbitrator's decision shall be subaitted in
writing withia thirty (30) days following close of the hearing or
the submission of briefs by the parties, �ahichever be later, unless
the parties agree to an extension. The decision shall be based
solely on the arbitrator's interpretatioa or application of the
express terms of this AGREII�IENT and to the facts of tre grievance
. presented. The decision of the arbitrator shall be final and
binding on the EMPLOYER, the tNION, and the e�ployees.
- 26 -
ARTICLE XXII - GRIEVANCE PROCEDURE (continued)
22.6 The fees and expenses for the arbitrator's services and proceedir_gs shall
be borne equally by the EMPLOYER and the L'�'ION, provided that each party
shall be responsible for compensating its own representative and witne�s�s.
If either party cancels an arbitration hearing or asks for a last minute
postponement that leads to the arbitrators naking a charge, the canceliao
party ox the party ask?ng far the pos*_ponesent shall pay this charge. -
If either party desires a verbatim record of the proceedings, it may
cause such a record to be made providing it pays for the record.
22.7 The time limits in each step of this procedure may be extended by �utua.�
agreement of the EMPLOYER and the INION.
- 27 -
� ��� �"J��
ARTICLE XXIII - RIGH1 OF SUBCONTR.ACT
23.1 The F�iPLOYER �ay, at any time during the duration of this
AGREEMENT, cor_tract out work done by the employees covered
by this AGP.EEM�NT. In the event that such contracting coould -
result in a reduction of the work force covered by this
AGREIIKENT, the ��'LOYER shall give the L'NION a nir_ety (90)
calendar day notice of the intention to sub-contract. -
23.2 The sub-contracting of work done by the employees covere�
by this AGREII+�NT shall in all cases be made or_ly to employers
who qualify in accordance with Ordinance No. 14013.
- 28 -
,
L�RTICLE XXIV - NON-DISCRL�IINATION
24.1 The ter�s and conditions of this AGREII�iENT 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 ine�bership or non-membership in the U1�7ION.
24.2 Employees will perform their duties and responsibil.ities in _:
a non-discriminatory manner as such duties and responsibilities
involve other e�ployees and the general public.
- 29 -
� - 30 -
� 2�����
ARTICLE XXVI - WAIVER
26.1 The ��LOYER and the iTNION acknowledge that during the meeting
and negotiatiag which resulted in this AGREEMENT, each had the
right and opportunity to raake proposals with respect to any
subject concerning the terc►s and conditions of employment. The
agreenents and understandings reached by the parties after the
excercise of tnis right are fully and completely set forth in
this AGRE�IENT.
26.2 Therefore, the E'�ifPLOYER and the L�tiION for the duration of this
AGRE .F�NT zgree that the other party shall not be obligated to
meet and negotiate over any tern or conditions of employment
whether specifically covered or r.ot specifically covered by
this AGREFr�fENT. The UNION and ���LOYER may, however, mutually
agree to modify any provision of this AGREEMENT.
26.3 Any and all prior ordinances, agreements, resolutions, practices,
policies, ar.d rules or regulations regarding the terms and
conditior.s of employment, to the extent they are inconsistent
with this AGREELIIIVT, are hereby superseded.
_ �� _
� ' ARTICLE XXVTI - MzLF.AGE-INDEPENDENT SCHOOL AZSTRICT N0. 625
27 .1 EmpZoyees of the School District under policy adopted by the
Board of Education may be reimbursed for the use of their auto-
mobiles for school business. To be eligible for such rei.mburse-
, ment, employees must receive authorization from the District
MiZeage Committee utilizing one of the following plans:
PLAN "A" is reimbursed at the rate of 15� per mile.
In addition, a maxi.mum 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 reimbursement based on a per
month "lump sum" amount. This amount is determined
by the employee's driving experience under Plan "A"
for a period of 3 to 6 months. Those employees
receiving an auto a].lowance under this plan must
report monthly the number of days the car was avail-
able during the month. A deduction must be nade 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 holiday.
- 32 -
ARTICLE �VIII - MAtERNITY LEAVE
28.1 riaternity Leave. riaternity is defined as the physical state of
pregnancy oi an employee, cou�encing eight (8) months before the
estinated date of childbirth, as deternined by a physician, and
ending six (6) months after the date of such birth. In the event
of an employee's pregnancy, the employee may apply for leave
without pay at any tima during the period stated above and tha
employer may approve such leave at its option, and such leave
may be no longer than one (1) year.
;��:�::
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. .�_ . , _ : _ _
ARTICLE XXIX - DURATION AIv'D PLEDGE ��'"`���
29. 1 This agreement sha1Z become effective as of June l, 1978, and
shall rema�n in efiect through the 30th day of Apri1, 1980, and
continue in effect from ye2r to year thereafter unless notice
to change or to terninate is given in the manner provide in 29.2.
29.2 If either partp desires to terninate or modify rhis AGREEriEriT,
effective as of the date or expiration, the party oTishing to
modify or terninate the AGREEriENT shal? give caritten notice to
the other party, not more than ninety (90) or less than s�xty
(60) calen�ar days prior to the expiration date, provided, tnat
the AGREEMENT ziay only be so ternina*_ed or �odified effective
as of the expiration date.
' 29.3 In consideration of the ter�as'and conditions of em.ployment
establ3.shed by this A�RE�iENT and the recognition that the
GRIEVANCE PROCEDURE herein established is the means by �ahich
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 e�ployees fail to report for duty, willfully
absent therselves from �.ork, stop work, slow do�,�n
their o:ork, or absent the�:selves in �ti�hole or part
from t�e ful1, faithful perforrr.ance of their
duties of employmznt.
_ z i, _
ARTICLE XXIX - DURATION AND PLEDGE (continued)
29.32 The E��IPLOYER 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 Negotiation, but is subject to the approval
of the School Board and is also subject to
ratification by the UNION.
AGREED to this 15th day of August , 1978, and attested to as the
full and complete understanding of the parties £or the period of time herein
specified by the signature of the following representative for the EMPLOYER
and the UNION.
WITNESSES:
INDEPENDENT SCHOOL DISTRICT ��625 INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 110
� - �
,;� ,;
i �� - % � , /'
, � , , 1� �� ��,
School Board Negotiator t;�L-::..�'Business xlanager
� ,
i
Superintendent, Independent
School District No. 625
Civil Service Commission
. � `
.•,,�,�'
/
- 35 -
APPEN�IX A
The classes of positior.s recognized as being eyclusively represented
by the UNION are as follows:
Electrician--General Foreznan
Electrician--Foreman
Electrician
Apprentice Electriciar_
Senior Electrical Inspector
Electrical Inspector
and other classes of positions that may be established by the �g'LOYER
where the scope of the work duties and responsibi.li.ties as�igned ca�.es
within the j urisdiction of the tTNION.
- A1 -
APPENDIX B
For all nornal work wee'�s established pursuant to the provisions
of Article VIII of this contract, which includes Sunday, the fol.lowing
prov3.sions shall apply and govern:
1. AlI regular eZectricians employed prior to January l, 1976
shall be offerec� assignsent to the �aork week on a seniority
basis, ar.d all such employees shall have the right to refuse
assignment to the caorkweek. This refusal is subj ect to the
provisions listed below.
2. All regular electricians employed subsequent to January 1,
1976 xeay be assigned to vacancies in this work caeek.
3. All regular electricians shall have: the right to bid on and
obtairt 2ssignment of a position occupied by an electrician
with lesser class seniority within 30 calendar days from the
date that said position was last filled.
4. Any regular electrician m.ay be assigned, on a temporary basis,
to the �rorkweek, to replace an electrician who is absent
because of vacation, illness, paid military leave, jur5 duty
or any other leave acceptable to both parties. These te�-
porary assign�cents shal.l�;:be made on the basis of seniority and
in no instance shall any one employee be required to �vork on
such temporary basis for more than 15 work days or the total
temporary assignment to exceed 90 work days.
- Bl -
APPENDIX C
The basic hourly wage rate for provisional, regular and probationaY} e�plo;rees
appointed to the following classes of positions who are not covered by the
provisions of Article 12.2.
Effective Effective
6-01-78 S-01-79
Electrician-Genaral Fore�an. . . . . . . . $12.21 $I2.84
Electrician-Foreman. . . . . . . . . . . . $11.49 $12.12
Electrician. . . . . . . . . . . . . . . . $10.77 $11.39
Senior Electrical Inspector. . . . . . > . . $12.21 $12.8!+
Electrical Inspector . . . . . . . . . $11.49 $12.12
The basic hourly wage rate for temporary and emergency employees appointed to
the following classes of positions shall be:
Effective Effective
6-01-78 5-01-79
Electrician-General Forenan. . . . . . . . $12.70 $13.35
Electrician-Foreman. . . . . . . . . . . . $11.95 $12.60
Electrician. . . . . . . . . . e . . . . . $11.20 $11.55
Apprentice Electrician
0 - 6 �onths . . . . . . . . . . . . . 45% of Electriciaa rate .
7 - 12 months. . . . . . . . . . . . . 50% of Electrician rate
13 - 18 raonths. . . . . . . . . . . . . 55% of Electricia� rate
19 - 24 months. . . . . . . . . . . . . 60% of Electrician rate
25 - 30 months. . . . . . . . . . . . . 65% of Electrieian rate
3I - 36 raonths. . . . . . . . . . . . . 75% of Electrician rate
37 - 42 mor.ths. . . . . . . . . . . . . 80% of Electrician rate ,_
43 - 48 �onths. . . . . . . . . . . . . 85% of Electric�za rate
- C1 -
' - APPENDIX C (continued)
^a��tJ�,�
- The basic hourly wage rate for regular employees appointed to the following
classes of positions, who are covered by the provisions of Article 12.2 of this
AGREEMENT, shall be:
Effective Effective
6-01-78 5-01-79
Electrician-General Foreman. . . . . . . . $12.2Q *
Electrician-Foreman. . . . . . . . . . . . $11.46 *
Electrician. . . . . . . . . . . . . . . . $10.72 *
Senior Electrical Inspector. . . . . . . . $12.2Q *
Electrical Inspector . . . . . . . . . . . '$11.46 '�
*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.
Electrician General Foreman, . . . . . . . . . . . . . . $16.59
Electrician Foreman. . . . . . . . . . . . . . . . . . . $15.66
Electrician. . . . . . . . . . . . . . . . . . . . . . . $14.73
Senior Electrical Inspector. . . . . . . . . . . . . . . $16.59
Electrical Inspector . . . . . . . . . . . . . . . . . . $15.66
Employees who work on a regularly assigned shift, beginning earlier than 6 a.m. or
ending later than 6 p.m., provided that at least five hours of the shift are worked
between the hours of 6 p.m. and 6 a.m., there shall be paid a night differential
for the enta.re shift.
Employees who work on a regularly assigned shiffi, beginning earlier than 6 a.m. or
ending later than 6 p.m., but less than five hours of the shift are worked between
the hours of 6 p.m. and 6 a.m. , there shall be paid a night differential for the
hours worked between the hours of 6 p.m. and 6 a.m.
The night differential shall be 5% of the base rate, and shall be paid only for
those night shifts actually worked.
- C2 -
APPE�VDIX D
Effective June 1, 1978, the EMPLOYER shall contribute twer.t5-one (21)
percent of the gross monthly payroll for all pa�ticipating er�ployees plus $ .��
per hour for all h.oc�.s worked by such enployees covered by this AGREE�LFNT as
defined in �rticles 12.3, 12.4 and 12.5 ta the Electrical Industry Board of
St. Paul. Eff ective May 1, 1979, this cantribution sha11 beco�.a twenty-o�!e (2L)
gercent plus $ .04 per hour.
- Effective June 1, 1978, the EI�iPLOYER shall contribute three (3) percen�
of the gross monthl; payroZl for all participating employees covered by tnis
AGREII�NT as defiaeC in Articles I2.3, 12.4 and 12.5 to the National Enployees
Benefit Fund (N.E.B.F.) in aceordance with the rules and reoulations of the
trustees of the N.E.B.F.
The EMPLOYER shall establ�sh jdor�an's Compensation and Unenploynent
Co�pensation progr�.s as required by riinnesota Statutes.
Participating emgloyees as defined in Articles 12.3, 12.4 and 12.5 cove_e� by
this AGREE2•�NT shall not be eligible for, governed by, or accu�ulate vacatiQ�,
sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits t:�at
are or may be established by Personnel Rules, Council Ordinance, or Council
Resolution. �
The EMPLOYER'S fringe benefit obligation to garticipating e�ployees co;;er��
by this AGREEZ�hi, as defined in Articles 12.3, 12.4 and I2.5 is liraited solel, to
the contributions a�:d/or deductions establist!ed by this AGREEiJi;T. The actc:al
level of benefits provided to er.iployees shall be the responsibility of t�:e �r_s���s
of the various fu:?e�s to c•�hich *he Ei-iPLOYER has forwarded contributior_s and/or
deductions.
- Dl -
APPEiV'DIX E
Pocket Tool Pur.ch and Belt
6" Rule
9" or 10" Alu�inum Level '
� �8" Side Cutters
Crimping Tool _-
10" Cresceat Wrench
Conbination BoY-Open End Wrenches 3/8" - 3/4"
Socket Set of equivalent sizes
Cold Chisel and Center Punch
Taps 6/32 - 8/32 - 10/32 - 10/24 - 1/4 2d
Tap Wrench
File Rasp 12" 1/2 Round and P.at Tail
Hack Saw 12" Blade �
Screw Drivers 4" - 8" - 12" Reg. Slot and 4" and 6" Phillips
Flashlight
Tester, 6C0 v. Solenoid Typs
Combir.atioas Square
Knife
Long Nose Plier
Diagonal Cutting Pliers
2 Pair Channel Locks
14" Pipe krench or Chain Wrench
Allen i�?renches
Ha�sr.er, Ea11 Pein
- F.1 -
...<__. _ � ... __ ; . . . . , . ,.. . ., . ..
. .
APPEIv'DI� E (CONTINUED)
Scrath Awl
Drills - in accordance with Tap sizes 9/32 and 3/8
Fuse Puller
Angle Screw Driver
Tool Box to hold the above tools _
The EMPLOYEt� shall furnish all other necessary tools or equipnent.
Employees will �e held responsible for tools or equipsent issued to thera,
providing the �•�LOYER furaishes the necessary lockers, "g�ng box" or
other safe place for storage.
The EMPLOYER shall replace ori.th similar tools of equal value 2nd quality
any of tha above listed tools which..are turned in by an employee which zre na
longer serviceable because of wear or breakage, providing the e�gloyee has been
employed for nize (9) cor_tinuous r�onths or more.
- E2 -
w
� � ����1�
APPE�TDIX F
WORKII�'G CO'_JDITIOrTS FOR SENIOR ELECTP.ICAL INSPECTORS
AND ELECTRICAL IIvSPECTQRS
As a result of the 1974 settlement, the Parties have established.
craft-determined rates for Senior Electrical Inspectors and for
Electrical Inspectors, with the specific understanding that su.ch -
agreement is restricted to estabZishing rates of pay for such clas-
sifications.
It is, consequently, agreed that the Employer in applying Article 3,
EMPLOYER RIGHTS - of the MAINTENAIvTCE LA�OR AGREEME�dT, shall have the
right to operate the Departnent in the same r�anner as heretofore,
wittt management rights unaffected, and that the establisrme�t of
;..�.
separate rates for these classifications as well as for Inspector
classifications in other Bargaining LTnits, may r_ot result in disputes
over assignments or over rates of pay for work perforr�ed, nor will
any jurisdictional claims or restrictioas be asserted by the Union
because members of various Inspector classifications are assigned to
work which is also perforiaed by other Inspector classifications.
- F1 -