The URL can be used to link to this page

271816 WHI7E - CITV CLERK COUf1C1I ` � p C PINK - FINANCE G I TY OF SA I NT PA U L � ��t.7�V CANARVaDEPARTMENT BtiUE - MAVOR File NO. ouncil Resolution Presented By Referred To Committee: Date Out of Committee By Date An administrative Resolution approving the terms and conditions of 1978 Maintenance Labor Agreements between the City of St. Paul, Independent School District No. 625, and the Bricklayers Local No. 1. WHEREAS, the Council, pursuant to the provisions of Section 12, 09 of the St. Paul City Charter and the Public Employees Labor Relations Act of 1971, as amended, recognizes the Bricklayers Local No. 1, 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-537-A for the purpose of ineeting and negotiating the terms and conditions of employ- ment 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 period May 8, 1978, through April 30, 1979, 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, a 1978 Agreement has been reached which includes a wage adjust- ment retroactive to May 8, 1978; now, therefore, be it -1 - COUNCILMEN Yeas Nays Requested by Department of: Butler In Favor Hozza Hunt Lzvine _ __ Against BY -- Maddox Showalter Tedesco Form Approved by City Attorney Adopted by Council: Date , Certified Passed by Council Secretary BY By Approved by \�lavor: Date _ Approved by Mayor for Submission to Council BY - – — BY . � - � Qo n�t d�tach this memorandum from the . �,. �solution so tha# this lnfotmati0tt Wil:� b8 �i t��s 13�i475 ��' available to the City CouncJ�� x.v.c 4�8l�6 E$PLANTIObt. OF ADlK�1ISTRATZVE'�8x8, ��C7�C� � , � . Irlrl��1 � I II �y i�� . . . $1:$OLZ3TIONSL� 0$3iI1�A�T(� , . i �� .. - . . . r �w.w�� r �. � i i�. . . . � . . ;: RECEIVEa �� &�ce:,��' Aiigust 4, 19�8 SE�' 1 1978 : MAYOIYS O�#ICE l F � . k� � �j T0 s ` MAFO� G$A�$�E LAT� . �� . � . � . - . - � 4�.•. , �: Persa�nal �F�ics . , ,` ' R$: :, R�salutioa foz submiasioA ta. C3tq Council j . �tr f i �� • E . I .�. M.....��... � ', Ws ��o� pour �ppzoval a�d submiasion of th�.s �.eaolutioa to the Gitp Couae�,,i, + _ • ,. . , P�,B$. A19D RAT�ONAI,E FQR THIS� ACTION: : � ■I I ■ I �I I I I I . . . . . . . . . ' . . . . . . . . . , . . � . . �.."_ TbTis ',Resoln�ion a.pprovea the l q78 iviaintena.nce Labor Agr.eements be�ween the City, Ix�r,dependeat ;�hool Distxict No. 625 a.nd B�ricklayers Loca1 No. 1, �� '�'�i:ese Agre�meAts provide for a total package increase of $.75 per hour wii� $.43 . ! t� �ilbiag on wages and $. 32 goiag iato fri.nge benefit�. ' . � '�eae Agreements also provide health and welfare benefit� to early retirees as�well � a $. Di ceat'iacrease in the City�s mileage allawance, � . . .Sw! .. . . . � . . , . � ' ' ��. . . . � . . . � . � . ... �k�' - . .. . . . . . �.�:. ' . � . .. . . . . . . . � , . � � � � � .. , . . � - .. . � _ -' � .. � .. ' .r�' . . ' � . . . . . � ' . .-..ti�'� . . � ' . .��.�:.� ' . . . . . . � � . ��t.� A,7.r.�,�TS a. . _ �r� 1 ��i . . � t Resolution, copy for City Clerk and two Mainten�nce Labor Agreemet�te, ;_ , _ ,,� . Y..�: : � . . - - � . . . . . ¢,.. a..- � , . ' . �� . : � . ' . . � � ' , � � � . � . . ' � . � � H�. . � ' - , � . � - - �.� ��' . � .. . � - � �. . . . . ' . . ` .. . ' ' .. . . . . . . . . � ��. . . ♦._• .,'.♦ . . � .' ... :. :'.. .. ..... .'.. .. . ..�'�� . .. . . . . . . . ... � tn t., . . - .. . . ... j I ,'�. . . . � � . ' .. . ' . . '�._ � , ,.. .. � - � ��1�_�ss APPENDIX D Effective May 8, 1978 , the EMf'LOYER shall: (1) contribute $ .655 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a UNION designated Health and Welfare Fund. (2) contribure $ .53 per hour for all hours worked by participating employaes as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a Pension Fund. (3) contribure $ .56 per hour from which payroll deduction has been made for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a Vacation Fund. ��~ All contributions ma.de in accordance with this Appendix shall be forwarded to depositories as directed by the UNION. The EMPLOYER shall establish Worlanan`s Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating employees as def ined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, shall not be eligible for, governed by, or accumulate vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance, or Council Resolutions. The EMPLOYER'S fringe benefit obligation to participating employees as defined in Articles 12.3, 12.4 and 12.5 is limited to the contributions and/or deductions established by this AGREEMENT. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the � EMPLOYER has forwarded contributions and/or deductions. - D1 - , �MHITE - CITV CLERK PINK - FINANCE COUIICII � , CANqRV"- DEPARTMENT GITY OF SAINT PAUL 1��'j �LUE - MAVOR File N 0. Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RE50LVED, that the Maintenance Labor Agreements, cit�d above, dated as of the effective date of this Resolution, between the City of St. Paul, Independent School District No. 625, and the Bricklayers Local No.l, on file in the office of the City Clerk, are hereby approved, and the authorized administrative officials of the City are hereby authorized and direct ed to execute said Agreements on behalf of the City. Approved: an Civi Service Com sion -2- COU[VCILMEN Requested by Department of: Yeas Nays Butler � PERSONNEL OFFI C E Hozza [n Favor Hunt _ � I.evine � __ Against ' BY Maddox Teowal�te SEP 19 1978 k � Form A roved y City A or Adopte j.�i5y Counci Date � Ce ified Yass by C cretary BY V ., E�pp e by ;Vlavor: Date _ ' sEp 2��5 � Ap rov y Ma r for mis ion to Council BY — — BY �us�.►sx�o S E P � 0 1978 � , ARTICLE .S�XVI - SEVE�A.BILITY '�~�� 26.1 In the evelt that any provision(s) of this AGREEriENT is declared -�: �_ .�._ to be contrary to law by proper legislative, administrative, or judicial authority fro� whose finding, determination, or decree no apgeal is taken, such prov?sioa(s) shall be voided. All other provisions sha11 continue i:n full force and effecto 26.2 The parties agree to, upon written notice, enter into nagotiations to place the voided provisions of the AGREE1�iENT in compliance with the legislative, administrative, or judiczal d�termination. r� :�_ � � - 31 - � ARTICLE X.YVII - WAIVEP. �� 27.1 Th° EMPLOYER and the INION acknowledge that during the meeting and negotiating which resulted in this AGRr,EMENT, each had the right and opportunity to Lnak° proposals with respect to any subject concerning the terms and conditions of employa.ent. The agreements and understandings reached by the parties after ths exercise of this right are fully and completely set forth in � this AGREEMENT. 27.2 Therefore, the EMPLOYER and the UNION for the duration of this . AGREEME?�T agree that the other party shall not be obligated to teeet and negotiate over any term or conditions of employment whether specifically covered. or not specifically covered by this AGREEMiNT. The UNION and EMPLOYER may, however, mutually agree E to modify any provisiom of this AGREEMENT. 27.3 Ar:y and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and ' conditions of etaployment, to tha extent they are inconsistent with this AGREEMENT, are hereby superseded. - 32 - ' ARTICLE XXVIII - MILEAGE INDEPENDENT SCHOOL DISTRICT ��625 �` 28.1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, employees must receive authorization from the District Mileage Committee utilizing one of the following plans: PLAN "A" is reimbursed at the rate o£ 15� per mile> In addition, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisore 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 emploqee's driving experience under Plan "A" for a period of 3 to 6 months. Those employees - - - - receiving an auto allowance under this plan must report monthly the number of days the car was avail- able during the month. A deduction must be made from the lump sum amount for each day the employee is on vacationo A deduction need not be made for an occasional day of illness or for holidayo 4 - 33 - ARTICLE XXIX - DliRr1TI0N AND PLEDGE 29.1 This AGREE��NT shall become effective as of the date of signing, except as specifically provided otherwise in Articles 12 and 13, and shall. remain in effect through the 30th day of April, 1979, and continue in effect fron year to year thereafter unless notice to change or to terminate is given in the rianner provided in 29.2. 29.2 If either party desires to terminate or modify thi.s AGREE�IENT, effect�ve as of the date of expiration, the party wishing to inodify or terninate the AGREEMENT snall give written notice to the other party, not nore than ninety (90) or less than si�ty (60) calendar days prior to the expiration date, provided, that Che AGREEMENT nay only be so ter�in.ated or modified effective as of the expiration date. 29.3 In consideration of tha terms and conditions of employment established by this AGREEMENT and the recognztion that the GRIEVANCE PROCEDURE herein established is the means by which grievances concerning its application or iaterpretation may be peacefully resolved, the parti.es hereby pledge that during the tern of the AGREEMENT: 29.31 The UNION and the e�ployees will no� engage in, instigate, or condone any concerted action in which employees fail to report for duty, tviZlfully absent themselves from work, stop work, slow down their work, or absent themselves in whole oz part fro-n the fu11, faithful perforr�ance of thair duties of emplo}�nent. - 34 - � �~t�.�2s ARTICLE XXIX - DURATION AND PLEDGE (continued) 29.32 The IIKPLOYER 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 recouanended by the School Board Negotiator, but is subject to the approval of the School Board, the Administration of the City and is also subject to ratification by the UNION. AGREED to this 1 st .da�* of August � 1978, and attested ta as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representative for the EMPLOYER and the UNION. WITNESSES: ' BRICKLAYERS, MASONS, MARBLE-MASONS, CEMENT BLOCKLAYERS AND TUCKPOINTERS PENDENT SCHOOL DI RICT N0. 625 LOCAL N0. 1 , i �� ; ,� .��, Schoo/ Board Negotiato Bus ness Manager Superintendent, Independent School District No. 625 - 35 - APPE?3DIX A The classes of positions recognized by the E�iPLOYER as being exclusively represented by the U:VIO:V are as €ollows: Bricklayer S tone rlason Apprentice Masonry Inspector and other classes of positions that may be established by the EMPLOYER where the duties and responsibiliti.es assigned comes within the jurisdiction of the WION. - A1 - APPENDIX C The basic hourly wage rate for provisional, regular and probationary employees appointed to the following classes of positions and not receiving the Fringe Benefits listed in Article 12.2 shall be: Effective Ma.y 8,1978 Briciclayer . . . . . . . . . . . . . . $10.35 Stone Ma.son. . . . . . . . . . . . . • $10.35 Masonry Inspector. . . . . . . . . . . $11.34 The basic hourly wage for temporary and .emergency employees appointed to the following class of positions shall be: Effective May 8,1978 Bricklayer . . . . . . . . . . . . . . $10.76 Stone Mason. . . . . . . . . . . • • • $10.76 Masonry Inspector. . . . . . . . . . . $11.79 Apprentice The basic hourly wage rate for regular employees appointed to the following class of positions who are receiving the fringe benefits listed in Article 12.2 shall be: Effective May 8,1978 Bricklayer . . . . . . . . . . . . . . $10.13 Masonry Inspector. . . . . . . . . . . $11.1 2 When performing swing stage work the rate of pay shal� be $ .30 per hour over the basic hourly rate of the above classifications. - C1 - �'1�.�� 1978-79 MAINTENAI3CE LABOR AGREEMENT - between - ..,�„°".._._"�,. THE CITY OF SAINT PAUL .�- - and - BRICKLAYERS, MASONS, MARBLE MASONS, CEMENT BLOCKLAYERS AND TUCKPOINTERS LOCAL UNION N0. 1 I N D E X ARTICLE TITLE PAGE Preamble iii I Purpose 1 II Recognition '�'2 III Employer Rights 3 IV Union Rights 4 V Scope of the Agreement 5 VI Probationary Periods 6 VII Philosophy of Employment and Compensation 7 VIII Hours of Work 8 IX Overtime 9 X Call Back 10 XI Work Location, Residency 11 XII Wages 12 XIII Fringe Benefits 14 XIV Selection of Foreman and General Foreman 15 XV Retirement 16 XVI Holidays 17 XVII Disciplinary Procedures 18 XVIII Absences From Work 19 XIX Seniority 20 XX Jurisdiction 21 XXI Separation 22 XXII Tools 23 XXIII Grievance Procedure 24 XXIV Right of Subcontract 29 XXV Non-Discrimination 30 XXVI Severability 31 XXVII Waiver 32 XXVIIL City Mileage Plan 33 XXIX Duration and Pledge 34 Appendix A A1 Appendix B B1 Appendix C C]. Appendix D D1 - ii - . �,�1�.�_I6 PR�� AMBLE This AGREEriENT is entered into on this day of , 1978, between the City of Saint Paul, hereinafter referred to as the EMPLOYER and the Bricklayers and Stone Masons Union No. 1 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 tne 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 responsi.bility. Constructive attitudes of the City, the UNION, and the individual employees will best serve the needs of the general public. - iii - � ARTICLE I - PURPOSE �: 1.1 The EMPLOYER and the UNION agree that the purpose for entering into this AGREEMENT is to: 1.11 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; 1.12 Set forth rates of pay, hours o� work, and other conditions of employment as have been agreed upon by the EMPLOYER and the UNION; 1.13 Establish procedures to orderly and peacefully resolve disputes as to the application or inter- pretation of this AGREEMENT without loss of y manpower productivity. 1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a supplement to legislation that creates and directs the EMPLOYER. If any part of this AGREEMENT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 26 (SEVERABILITY) . � - 1 - � ARTICLE II - RECOGNITION �~ 2.1 The EMPLOYER recognizes the UNION as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisional, temporary, and emergency emgloyed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-537-A dated June 4, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. � � - 2 - ARTICLE III - EMPLOYER RIGHTS 3.1 The EMPLOYER retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 3.2 Any "term or condition of employment" not established by this AGREEMENT shall remain with the EMPLOYER to eliminate, modify, or establish following written notification to the UNION. �. �: - 3 - ARTICLE IV - UNION RIGHTS �� 4.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dueso Such monies deducted shall be remitted as directed by the UNION. 4.11 The E,�LQYER shall not deduct dues from the wages of employees covered by this AGREEMENT for any other labbr organizationo 4.12 The UNION shall indemnifg and save harmless the EMPLOYER from any and aIl claims or charges made against the EMPLOYER as a result of the implementation of this ARTICLE. 4.2 The UNION may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the EMPLOYER in writing of such �. designation. Such employee shall have the rights and responsibilities as designated in Article 23 (GRIEVANCE PROCEDURE) . 4.3 Upon notification to a designated EMPLOYER supervisor, the Business Manager af the UNION, or his designated representative shall be permitted to enter the facilities of the EMPLOYER where employees covered by this AGREEMENT are workingo - 4 - � �c�1�.��.� ARTICLE V - SCOPE OF THE AGREEMENT Sol This AGREEMENT established the "terms and conditions of employment" � defined by M.S. 179063, Subd. 18 for all employees exclusively represented by the UNION. This AGREEMENT shall supercede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolutiono � - 5 - � ..., . . _ . _ ._ _ _ ARTICLE VI - PROBATIONARY PERIODS 6.J. All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) month's probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.11 At any time during the probationary period an employee may be terminated at the discretion of the EMPLOYER without appeal to the provisions of Article 23 (GRZEVANCE 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 personnal promoted to a higher class of positions shall serve a six � (6) months' promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsi- b�lities shall be evaluated. 6.21 At any time during the promotional probationary period an employee may be demoted to the employee's previously held class of positions at the discretion of the EMPLOYER without appeal to the provisions of Article 23 (GRIEVANCE PROCEDURE) . 6.22 An employee demoted during the promotional prabationary period shall be returned to the employee's previously held class of positions and shal], recezve a written notice of the reasons for demotion, a copy of which �` shall be sent to the UNION. - 6 - � r � ��`.A* � . �` � _.,.��_s t.i � ARTICLE VII - PHILOSOPHY OF ErIPLOYMENT AND COMPENSATTON �.. 7.1 The EMPLOYER and the UNION are in full agreement that the philosophy of employment and compensation shall be a "cash" hourly wage and "industry" fringe benefit system. 7.2 The EMPLOYER shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articl,es 1Z (WAGES) and 13 (FRINGE BENEFITS) . 7.3 No other compensation or fringe benefit shall be accumulated or earned by an emgloyee except as specifically provided for in this AGREEMENT; except those employees who have individually optioned to be "grandfathered" as provided by 12.2. �: � - 7 - ARTICLE VIII - HOURS OF WORK � 8>1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 pem. 8.2 The normal work week shall be five (5) consecutive normal work days Monday through Fridaye 8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER`S �udgment to establish second and third shifts or a work week of other than Monday through Friday, the UNION agrees to enter into negotiations immediately to establi.sh the conditions of such shifts and/or work weeks. 8.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. � 8.5 Al1 employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work Iocation until the end of the established work day unless otherwise directed by their supervisor. 8.6 Al1 employees are subject to call-back by the EMPLOYER as provided by Article 10 (CALL BACK) e 8.7 Employees �eporting 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 - AP.TICLE IX - OVERTI'�� 9.1 All overtire co�pensated for by the E`�IPLOYER must receive prior authorization frora a designated EMPLOYER supervisor. No overti�e work claim will be honored for payment or credit unless approved in advance. An overtime clairs will not be honored, even thougn shown on the time card, unless the required advance approval has been obtained. 9.2 The overtine rate of one and one-half (12) the basic hourly rate shall be paid for work performed under the following circu�stances: 9.21 Time worked in excess of eight (8) hours in any one nornal work day,and 9.22 Time wor�ed on a sixth (6th) day following a normal worlc wee?�c. 9.3 The overtime rate of two (2) times the basic hourly rate shall be paid tor work perforcaed 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 - � --- ��- norgal work week; and 9.33 Time worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour period, provided, that all "emergency" work required by "Acts of God" sha11 be compensated at the rate of one and one-half (1�) . 9.4 For the purposes of calculating overtime compensatian overtime hours worked shall not be "pyranided", compounded, or paid twice for the same hours worked.. 9.5 Overtine hours worked as provided by this ARTICLE shall be paid in cash. - 9 - � ARTICLE X - CALL BACK � 10.1 The EMPLOYER retains the right to call back employees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 10.2 Employees called back shall receive a minimum of four (4) hours pay at the basic hourly rate, 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9 {OVERTIME) , when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only � for the overtime hours worked in accordance with Elrticle 9 (OVERTIME) . � - 10 - , ARTICLE XI - WORK LOCATION, RESIDENCY � llol Employees sha?1 report to work location as assigned by a designated EriPLOYER supervisor. During the normal work day employees may be assigned to other work locations at the discreti.on of the EMPLOYER. 11.2 Employees assigned to work locations during the normal work day, other than their original assignment, and who are required to furnish their own transportation shall be compensated for mileageo 11.3 All new employees appointed after January 1, 1976, would be required to reside in the City of Saint Paul within one year of their original appointment, and thereafter would be required to remain within the City limits as long as they were employed by the City of Saint Paul. 11.4 This residency requirement 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 ot Saint Pau1. ll06 Employees failing to meet the residency requirement will be subject to termination and a hearing process shall be established to determine whether the residency requirement was met. ' �. - 11 - Yi,�...;.._.. . . :�.,......... _ ._ .� . ... . . .. ._. .. .. ... .... .. ..�__ . , . . _.. . .. . . . ..._ ..,�. � . . .,. ARTICLE XII - WAGES I2.1 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 benef its listed below shall continue to be covered by such benefits. They shall be subject to all other provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by ARTICLE 13 (FRINGE BENEFITS) . 12.21 Insurance benefits as established by City of Saint Paul Resolutions including life, hospital and health insurance for early retirees who have retired since 1�ay 8, 1478. In order to be eligibZe for the heatth benefits under the early retiree provision, the employee must: 12.21.1 Be receiving benefits from a public employee retirement act at the time of retirement. 12.21.2 Have severed his relationship with the City of Saint Paul under one of the early reCiree plans. 12.21.3 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employea�s early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 12.22 Sick leave as established by Resolution No. 3250, Section 35, Subdivision E. 12.23 Vacation as established by Resolutian No. 6446, Section 1, Subdivision F. 12.24 Nine (9) legal ho�idays as established by Resolution No. 6446, Section 1, Subdivision G. 12.25 Severance benefits as established by Ordinance No. 11490 with a maximum payment of $4,000. - 12 - �� ARTICLE XII - WAGE5 (continued) 12.3 Regular employees not covered by the fringe benefits listed in Article 12.2 shall be considered, for the purposes of this AGREEMENT, partici- pating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.4 Provisional, temporary and emergency employees shall be considered, for the purposes of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made in their behal� as provided for by Article 13 (FRINGE BENEFITS) . 12.5 All regular employees employed after February 15, 1974, shall be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and _. . _--. .- _ ha.ve fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS). - I3 - ARTICLE XIII - FRINGE BENEFITS �~ 13.1 The EMPLOYER shall make contributions on behalt of and/or make deductions from the wages of emgloyees covexed by this AGREEMENT in accordance with Appendix D for all hours worked. � � - 14 - ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN �' ''� 14.1 The selection of personnel for the class of position of Foreman shall remain solely with the EMPLOYER. 14.2 The class of position ot Foreman sha11 be filled'by `employees of the bargaining unit on a "temporary assignment". 14.3 All "temporary assignments" shall be made only at the direction of a designated EMPLOYER supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day. �. � - 15 - ARTZCLE XV - RETIREMENT .;�''� '�; 15.1 All employees shall retire from employment with the EPiPLOYER no later than the last calendar day of the month in which an employee becomes sixty-five (65) years old. � � - 16 - ARTICLE XVI - HOLIDAYS , �� 16.1 The following nine (9) days shall be designated as holidays: New Year's Day, January 1 President's Day, Third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Columbus Day, second Monday in October Veteran's Day, November 11 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 16.2 When New Year's Day, Independence Day or Christma.s Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday sha.11 be considered the designated holiday. 16.3 The nine (9) holidays shall be considered non-work days. � 16.4 If, in the judgment of the EMPLOYER, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 10 (CALL BACK) . 16.5 Employees working on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for a11 hours worked. 16.6 In the case of Board of Education employees, if Presi.dents` Day, Columbus Day, or Veterans' Day fall on a day when school is in session, the employees shall work that day at straight time and another day shall be designated as the holidayo This designated holiday shall be a day on which school is not in session and shall be determined by agreement between the employee and his supervisor. � - 17 - � ARTICLE XVII - DISCIPLINARY PROCEDURiS � 17.1 The EMPLOYER shall have the right to impose disciplinary actions on employees for just cause. 1Z.2 Disciplinary actions by the EMPLOYER shall include only the following actions: 17.21 Oral reprimand. 17.22 Written reprimand. 17.23 Suspension. 17.24 Demotion. 17.25 Discharge. 17.3 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service � Commission or a designated Board of Review. The Civil Service Co�aissior�, �' 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 procassing through the provisions of Article 23 (GRIEVANCE PROCEDURE) . �� - 18 - ' ARTICLE XVIII - ABSENCES FROM WORK ,�~�� 18.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 18.2 Failure to make such notification may be ground for discipline as provided in Article 17 (DISCIPLINARY PROCEDURES) . 18.3 Failure to report for work without r�otification for three (3) consecutive normal work days may be considered a "quit" by the EMPLOYER on the part of the employee. �. � - 19 - A.RTICLE XIX - SENIORITY � 19.1 Seniority, for the purposes of this AGREEMENT, shall be defined as follows: 19.11 "Master Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the last date of employment in any and all class titles covered by this AGREEMENT. 19.12 "Class Seniority" - The leng.th of continuous regular and probationary service with the EMPLOYER from the date an employee was first appointed to a class title covered by this AGREEMENT. 19.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty � (30) calendar days; is granted because of illness or in�ury; is granted to allow an employee to accept an appointment to the unclassified service of the EMPLOYER or to an elected or appointed full-time position with the UNION, �9.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 19.4 In the event it is determined by the EMPLOYER that it is necessary to reduce the work force employees will be laid off by class title within each Department based on inverse length of "Class Seniority"o Employses laid off shall have the right to reinstatement in any lower-paid class title, provided, employee has greater "Master Seniority" than the employee being replaced. ,� 19.5 The selection of vacation periods shall be made by class title based on �.. length of "Class Seniority", subject to the approval of the EMPLOYER, - 20 - . _ ��s ARTICLE XX JURISDICTION � 2001 Disputes concerning wo�k jurisdicti�n between and among unions is recognized as an appropriate subject to determination by the various unions representing empl�yaes of the EMPLOYER. 2002 The EMPLOYER agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 20.3 In the event of a dispute e�ncerning the performance or assignment of work, the unions involved and the EMPLOYER shall meet as soon as mutually possible to resolve the disputes Nothing in the foregoing shall restrict the right of the EMPLOYER to accomplish the work as originally assigned pending resoluti�n of the dispute or to restrict the EMPLOYER'S basic right to assign worko � 20.4 Any employe2 refusing to perform work assigned by the EMPLOYER and as clarified by Sections 20,2 and 20.3 above sha11 be subject to disciplinary action as provided in Article 17 (DISCIPLINARY PROCEDURES) e 20a5 There shall be no �aork stoppage, slow down, or any disruption of work � re�ulting from a wo�k assignmenta � - 21 - ARTICLE XXI - SEPARATION � 2101 Employees having a pr�batior.ary or regular employment status shall be considered separated frcm employment based on the following actions: 21.11 Resignationo Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 21.12 Retirement. As provided in Article 150 21013 Discharge. As provided in Article 17. 21014 Failure to Report for Dutyo As provided in Article 18. 21.2 Employees having an emergeney, temporary, or provisional emgloyment , status may be teriainated at the discretion of the EMPLOYER before the . completion of a normal work dayo � � - 22 - • ARTICLE XXII - TOOLS � 22.1 Al1 employees shall personally provide themselves with the tools of the trade as listed in Appendix B. � �. � l - 23 - � ARTICLE XXIII - GRIEVANCE PROCEDURE � 23.1 The EMPLOYER shall recognize Stewards selected in accordance with UNION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the names of the Stewards and of their successors wlien so named. . 23.2 It is recognized and accegted 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 sha.11 therefore be accomplished during working hours only when consistent with such employee duties and responsibilitiss. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and � that such absence would not be detrimental to the work programs of the EMPLOYER. 23.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 17.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. 2304 Grievances shall be resolved in conformance with the following procedure: Step l> Upon the occurence of an alleged violation of this AGREEMENT, the employee involved .shall attempt to resolve the matter on an informal basis with the employee's supervisoro If the matter is not resolved . � - 24 - ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) � to the employee's satisfaction by the informal discussion it may be reduc�d to writing and referred to Step 2 by the UNIONo The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the relief requestedo Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waivede SetP 2. Within seven (7) calendar days after receiving the written � grievance a designated EMPLOYER supervisor shall meet with the UNION Steward and attempt to resolve the grievance, If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UNION within three (3) calendar days following this meetingo The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waivedo �_ - 25 - ARTICLE XXIII - GRIEVANCE PRUCEDURE (continued) � Step 3. Within seven (7) calendar days following receipt of a . grievance referred from Step 2 a designated EMPLOYER supervisor shall meet with the UNION Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the EMPLOYER shall reply in writing to the UNION stating the EMPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred to in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. � Step 4. If the grievance remains unresolved, the UNION may within seven (7) calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relation Board to submit a panel of £ive (5) arbitratorso Both the EMPLOYER and the ��, - 26 - ARTICLE XXIII - GRIEVANCE PRO�EDURE (continued) LT�IION shall have the right to strike two (2) �.. names from the panel. The UNION shall strike the first (lst) name; the EMPLOYER shall then strike one (1) name. The process will be repeated and the rema.ining person shall be the arbitratore 2305 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with � or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's _ __ __ _ decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UNION and the employees. �. - 27 - . �b� ' ARTICLE XXIII - GRIEV_ANCE. PROCEDURE (continued) ��J_�S ��.` 23.6 The fees and expenses for the arbitrator`s services an� proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 23.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. � - 28 - � ARTICLE XXIV - RIGHT OF SUBCONTRACT 24.1 The EMPLOYER 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. 24.2 The sub-contracting of work done by the employees covered by this AGREEMENT shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. � � - 29 - ARTICLE XXV - NON-DISCRIMIN9TION �"' 25.1 The terms and conditions of this AGREEMENT will be applied to 4 employees equally without regard to, or discrim�nation for or against, any individual because of race, color, creed, sex, nge, or because of inembership or non-membership in the UNION. 25.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. �. � - 30 - � ARTICLE XXVI - SEVERABILITY 26.1 In the event that any p�ovision(s) of this AGREEMENT is declared � to be contrary to law by proper legislative, administrative, or judicial authority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effecto 26.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the AGREEMENT in compliance with the legislative, administrative, or judicial determination. � � - 31 - ARTICLE XXVII - WAIVER � 27.1 The EMPLOYER and the UNTON acknowledge that during the meeting and negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any subject concerning the Cerms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in � this AGREEMENT. 27.2 Therefore, the EMPLOYER and the UNION for the duration of this . AGREEMENT agree that the other party shall not be obligated to meet and negotiate over any term or conditions of employment whether specifically covered or not specifically covered by this AGREEMENT. The UNION and EMPLOYER may, however, mutually agree to modify any provision of this AGREEMENT. � 27.3 Any and all prior ordinances, agreements, resolutions, practices, - - - - policies, and rules or regulations regarding the terms and ' conditions of employment, to the extent they are inconsistent with this AGREEMENT, are hereby superseded. � - 32 - ' ARTICLE XXVIII - CITY MILEAGE PLAN � 28a1 Automobile Reimbursenent Authorized: Pursuant to Chapter 92A of the �` St. Paul Legislative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 28.2 Method of Computation: To be eligible for such reimbursement all officers and employees must receive written authorization from the Mayor. Reimbursement shall be made in accordance with one of the following plans: Type lo For those officers and employees who are required to use their own automobiles occasionally for off icial City business, reim- bursement at the rate of 14 cents for each mile driven. TyPe 2. For those officers and employees who are required to use their own automobiles on a regular basis on City business, reimbursement at �' the rate of $2.50 for each day of work, and in addition thereto at the rate of 7.5 cents for each mile driven. 28.3 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which reguZations and rules shall contain the requirement that recipients shall file daily reports indicating glace 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 numb.er of miles dziven, and further required that they maintain automobile liability insurance in ' amounts not less than $100,000/300,000 for personal injury, and $25,000 for property damage. These rules and regulations, together with any amendments thereto, shall be maintained on file with the City Clerk. �: - 33 - . �G j'y�� ARTICLE XXIX - DURATION AND PLEDGE �� 29.1 This AGREEMENT shall become effective as of the date of signing, except as specif ically provided otherwise in Articles 12 and 13, and shall remain in effect through the 30th day of April, 1979, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the mannsr provided in 29.2. 29.2 If either party desires to terminate or modify this AGREEMENT, effective as of the date of expiration, the party wishing to modify or terminate the AGRE�SENT shall give written notice to the other party, not more than ninety (90) or less than. sixty (60) calendar days prior to the expiration date, provided, that the AGREEMENT may only be so terminated or modified effective as of the expiration date. 29.3 In consideration of the terms and conditions of employment established by this AGREEMENT and the recognition that the GRIEVANCE PROCEDURE herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the AGREEMENT: 29.31 The UNION and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment. - 34 - ARTICLE XXIX - DURATION AND PLEDGE (continued) 29.32 The EMPLOYER will not engage in, instigate, or condone any lock-out of employees. 29.33 This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City, and is also subject to ratification by the UNION. AGREED to this lstday of August, 1978, and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representative for the EMPLOYER and the UNION. WITNESSES: "'" BRICKLAYERS, MASONS, MARBLE-MASONS, CEMENT BLOCKLAYERS AND TUCKPOINTERS CITY OF SAINT PAUL LOCAL N0. 1 7 r • I� L Kl a or Relat' s Di r Business Manager Civil Service Commission - 35 - APPENDIX A The classes of positions recognized by the EMPLOYER as being exclusively represented by the UNION are as follows: Bricklayer Stone Mason Apprentice Masonry Inspector and other classes of positions that may be established by the EMPLOYER where the duties and responsibilities assigned comes within the jurisdiction of the UNION. - A1 - APPENDIX B All necessary hand tools. - B1 - APPENDIX C The basic hourly wage rate for provisional, regular and probationary employees appointed to the following classes of positions and not receiving the Fringe Benefits listed in Article 12.2 shall be: Effective May 8,1978 Bricklayer . . . . . . . . . . . . • • $10.35 Stone Mason. . . . . . . . . . . . . • $10.35 Masonry Inspector. . . . . . . . . . . $11.34 The basic hourly wage for temporary and .emergency employees appointed to the following class of positions shall be: Effective May 8,1978 Bricklayer . . . . . . . . • • . • • • $10.76 Stone Mason. . . . . • • • • • • • $10.76 Masonry Inspector. . . . . . . . . . . $11.79 Apprentice The basic hourly wage rate for regular employees appointed to the follo��aing class of positions who are receiving the fringe benefits listed in Article 12.2 shall be: Effective May 8,1978 Bricklayer . . . . . . . . . . . . . . $10.13 Masonry Inspector. . . . . . . . . . . $11.12 When per�orming swing stage work the rate of pay shall, be $ ,30 per hour over the basic hourly rate of the above classifications. - CI - APPENDIX D Effective May 8, 1978 , the EMPLOYER shall: (1) contribute $ .655 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a UNION designated Health and Welfare Fund. (2) contribure $ .53 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a Pension Fund. (3) contribure $ .56 per hour from which payroll deduction has been made for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a Vacation Fund. All contributions made in accordance with this Appendix shall be forwarded to depositories as directed by the UNION. The EMPLOYER shall establish Worl�an's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating employees as def ined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, shall not be eligible for, governed by, or accumulate vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance, or Council Resolutions. The II�LOYER'S fringe benef it obligation to participating employees as defined in Articles 12.3, 12.4 and 12.5 is limited to the contributions and/or deductions established by this AGREEMENT. The actual level of �benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the EMPLOYER has forwarded contributions and/or deductions. - D1 - - �`7�.�26 Z978-79 MAINTENANCE LABOR AGREEMENT - between - THE INDEPENDENT SCHOOL DISTRICT N0. 625 - and - BRICKLAYERS, MASONS, MARBLE-MASONS, CII�IENT BLOCKLAYERS AND TUCKPOINTERS LOCAL UNION N0. 1 I N D E X ARTICLE TITLE PAGE Preamble iii I Purpose 1 II Recognition 2 III Employer Rights 3 IV Union Rights 4 V Scope of the Agreement - S VI Probationary Periods 6 VII Philosophy of Employment and Compensation 7 VIII Hours of Work 8 . IX Overtime 9 X Call �ack 10 XI Work Location, Residency 11 XII Wages 12 XIII Fringe Benefits 14 XIV Selection of Forema.n and General Fareman 15 XV Retirement 16 XVI Holidays 17 XVII Disciplinary Procedures i$ XVIII Absences From Work 19 XIX Seniority 20 XX Jurisdiction 21 XXI Separation � 22 XXII Tools 23 XXIII Grievance Procedure 24 XXIV Right of Subcontract 29 XXV Non-Discrimination 30 XXVI Severability 31 XXVII Waiver 32 XXVIII Mileage-Independent School District No. 625 33 XXIX Duration and Pledge 34 Appendix A A1 Appendix B B�- Appendix C C1 Appendix D D1 - 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 Bricklayers and Stone Masons Union No. 1 hereinafter referred to as the UNION. The EMPLOYER and the UNION concur that this AGREEriENT 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 goad 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 - .� . �"`118�� ARTICLE I - PURPOSE ,.��' 1.1 The Ei�LOYER and the UNION apree that the purpose for entering into this AGREEME�T 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 saf�ty and well-being of all concerned; 1.12 Set farth rates of pay, hours o� work, and other conditions of emplayment as have been agreed upon by the E��IPLOYER and the UNION; 1.13 Establish procedures to orderly and peacefully resolve disputes as to the application or inter- pzetation of this AGREEMENT wittrout loss of . � ;�>_ manpower productivity. 1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a supplement to legislation that creates and directs the EMPLOYER. If any part of this AGRE�MENT is in conflict with such legislation, the latter shall prevai.l. The parties, on written notice, agree ta negotiate that part in conflict so that it conforms to the statute as provided by Article 26 (SEVERABILITY) . � - 1 - ' ARTICLE II - RECOGNITION �� . � 2.1 . The EMPLOYER recognizes the U�TION as the exclusive representative for collective bargaining purposes for a�1 personnel having an employment status of regular, probationary, provisional, temporary, and emergancy employed in the classes of positions defined in 2.2 as certif.ied by the Bureau of Mediation Services in accordance with Case No. 73-PR-537-A dated June 4, 1973. 2.2 The classes of positions recognized as being exclusively represented by the U'3ION are as listed in Appendix A. �- �?` �:. � � - 2 - - . � '��1-�� RTICLE III - Erfl'LOYER RIGHTS ''� 3.1 The EMPLOYER retains the right to operate and manage all manpower, �� facilities, and equip�ent; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of pers�n�tel; and to perform any inherent managerial function not specifically linited by this AGREEMENT. 3.2 Any "term or condition of employment" not established by this AGREEMENT shall remain with the EMPLOYER to eliminate, modify, or establish following written notification to the UNION. � � - 3 - ARTICLE IV - U�1IOV RIGHTS �� 4.1 The E�`SPLOYER sha11 deduct from the wages of employees who authorize �s. such a deduction in writing an araount necessary to cover monthly LTtIO� dueso Such monies deducted shall be remitted as directed by the ITi�tION. 4.11 The �"'IPLQYER sha�l not deduct dues fxom the wages of eiaployees covered by this AGREEMENT for any other labor organizationo 4.12 The WION shall. indemnify and save harmless the EMPLOYER from any and all claims or charges made against the EMPLOYER as a result of the implementation of this ARTICLE. q,2 Th,e U�TIpN may designate one (1) emploqee from the bargaining unit to �- act as a Steward and shall inform the EMPLOYER in writing of such v designation. Such emplayee shall have the rights and responsibilities as designated in Article 23 (GRIEVANCE PROCEDURE) . 4.3 Upon no�ification to a designated EMPLOYER supervisor, the Business Manager of the UNION, or his designated representative shall be i permitted to enter the. facilities of the EMPLOYER where er�ployees covered by this AGREEMENT are working. � f - 4 - � ' s . t1RTICLE V - SCOPE OF T�IE AGREE?�1ENT � S.1 This AGREr��.EtiT established the "terms and conditions of employnent" v def ined by :1.S. 179 0 63, Subd. 18 f or aIl e�aployees exclusi�ely represented by tn.e UIvION. This AGREEMENT shall sugercede such "terms and conditions of empioym�nt" established by Civil Service P.ule, Council Ordinance, and Council Resolutinn. �'., _;� .�` =t - 5 - ` ' ARTICLE VI - PROBATIOVARY PERIODS �� " 6.1 A11 personnel, originally hired or rehired following separation, in �� a regular employment status shall serve a si� (6) raonth's probatioaary period during which time th� employee's fitness and ability to perform the class of po5itions' duties and respansibilities 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 Art�cle 23 (GRIEVANCE PROCEDURE). 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the UNION. �: 6.2 All personnel promoted to a higher class of positions shall serve a six �. (6) months' promotional probationary period during which time th� employee's fitness and ability to perform the class of positions' duties and responsi- bilities sha7.1 be evaluated. 6.21 At any time during the promotional probationary period an employee may be demoted to the employee's previously held class of positions at the discretion of the EMPLOYER without appeal to the provisions of Article 23 (GRIEVANCE PROCEDURE). 6.22 An employee demoted during thz promotional probationary period shall be returned to the enployee's previously held class of positions and sha11 receive a written notice of the reasons for demotion, a copy of which � shall be sent to the UNIOV. - 6 - ARTICLE VII - PriILOSOPHY OF E�iPLOXI`�NT AND CO:�t'ENSATION �� 7.1 The E�IPLOYER ard the INION are in fu�l agreement that the philosophy of employmznt and compensation shall be a "cash" hourly wage and "industry" f ring° benefit system. 7.2 The EMPLOYER shall conpensate employees for all hours worked at the basic hourly waoe rate and hourly fringe benefit rate as found in Articles 12 (WAGES) and 13 (FRINGE BE?r�FITS) . 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this AGREEMENT; except those employees who have individually optioned to be "grandfathered" as provided by 12.2. �_. �,. s � �I - 7 - f I • ARTICLE VTII - HOLiZS Or WORiC Y� 8,1 The normal c.ork day shall be eight (8) consecutive hours per day, �. excluding a th:.rty (30} minute unpaid lunch period, between 7:00 a.r�. and 5:30 p.a. 8.2 The normal work week shall be five (5) consecutive norcnal work days Monday through Fridaye 8.3 If, during the term of this AGREEMENT, it is neeessary in the EMPLOYER`S judgment to establish second and third shifts or a work week of other than Monday through Friday, the UNION agrees to enter into neootiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This section shall not be construed as, and is not a guarantee-of, any hours of work per normal work day or per normal work week. � �- 8.5 Al1 empl�yees shal.l be at the location designated by their supervisor, - ready for work, at the established starting time and shall reraain at an ----•- --- - assigned work location until the end of the established work day unZess otherwise directed by thQir supervisor. 8.6 All employees are subject to ca11-back by the EMPLOYER as provided by Article 1.0 (CALL BACK) . 8.7 Employees reporting for work at the established starting titae 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 - � AFTICLE .IX - OV�:�I�� 9.1 A11 over�i�_.e coWpe:zsated for by the Ei�LpLOYER must receive prior authorization fro� a desior.ated E,IPLO�'E2 sup�rvisor. No overtine r.rork clai� will be hoaored for pay�ar.� or creclit unless approv�d in advance. An overti�►e claira will not be honore3, even thougn showrs on t'ae tim� card, unless the required advance approva? has been o5tained. 9,2 The overtine rate of one and one-half (1.2) the basic hourly rate shall be paid for wor� perioraed under the followir_g circunstances: 9.21 Tine worked i.n excess of eignt (8) hours i.n any one nor�a.I work �ay,and 9.22 Tirae wor'�ed on a sixth (6th) day fallowing a normal wor?c wee?�. 9.3 The overtiias rate of two (2) times the basic hourly rate shall be pai� for j work perioraed. under the followir.g circumstances: 9.31 Time worked on a holiday as defined in Article I6 � (HOLIDAYS); - - 9.32 Ti�z worked or_ a seventh (7th) day fol.Zowing a - - -- = - -- ��-' _ nor�al ��ork week; and 9.33 Tise worked in excess of twelve (12) consecutive hours in a � twenty-fonr (24) hour period, provided, that all "emergency" work required by "Acts of God" shall be compertsated at the rate of one and one-�alf (1�). 9.4 For the purposes of calculatina overti.me compensation overtine hours worked shall not be "pyra�ided", co�pounded, or paid t�,rice for the sa�e hours �aorked. 9.5 Overtirse houzs worked as providec by this t-1RTICLE shall be paid irt cash. - 9 - . � ARTICLE X - CALL BACK �r��(g�� 10.1 The E2�LpL0YER retains the rioht to ca Z ac. enployees be ore an enployee has starte3 a nor�al work day or normal work week and after an employee has completed a nornal work day or normal work we e'�c. 10.2 Employe�s called bac'� shall receive a ainimum of four (4) hours pay at the basic hourly rateo 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9 (OVERTIME) , when applicable, and subject to the mini�um established by 10.2 above. 10.4 Employees caZled back four (4) hours or less priar to their normal work day shall complete the normal work day and be compensated only for the overtine hours worked in accordance with Article 9 (OVERTIME) . � � � - 10 - � ARTICLE XI - WORFC LOCATIO�I, RESIDEtiCY �r` �� 1101 Employees sha�Z report to work location as asszgned by a designatp �. F�iPLOYER supervisor. During ths normal work day ezaployees r.tay be assigned to other work locations at th� discretion of the E��'LOYER. 11.2 Employees assigned to work locations durirtg the normal work day, other than their original assignment, and who are required to furnish their own transportation shall be compensated for mileageo 11.3 All new employees appointsd after January 1, 1976, would be required to reside in the City of Saint Paul within one y�ar of their original appointment, and thereafter would be required to remain within the City limi.ts as long as they were employed by th� City of Saint Pau1. 11.4 This residency requirement shall apply to unclassified enployees as � well as classi.fied 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 m�et the resi�ency requirement will be subject to termination and a hearing process shall be established to determine whether the residency requirement was met. � � f, - 11 - k�...,.. .,:.._ .,._..... . . ...� .. ,. . . .. . . . . . .... .. .. . . ..._ .. ... . . .. ...... .. . . . .... .. ... . .. . .. .. . . , :.... . . ARTICLE XII - WAGES Z2.1 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 benef its listed below shall continue to be covered by such benefits. They shall be subject to all other provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided � for by ARTICLE 13 (FRINGE BENEFITS) . . 12.21 Insurance benefits as established by Gity of Saint Paul Resolutions including life, hospital and health insurance for early retirees who have retired since May 8, 1478. In order to be eligible for the heatth benefits under the early retiree provision, the employee must: 12.21.1 Be receiving benefits from a public employee � � � - retirement act at the time of retirement. 12.21.2 Have severed h3.s relationship with the City of Saint Paul under one of the early retiree plans. 12.21.3 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee�s early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 12.22 Sick leave as established by Resolution No. 3250, Section 35, Subdivision E. 12.23 Vacation as established by Resolution No. 6446, Section I, Subdivision F. 12.24 Nine (9) legal ho�idays as established by Resolution No. 6446, Section 1, Subdivision G. 12.25 Severance benefits as established by Ordinance No. 11490 with a ma.ximum payment of $4,000. - 12 - ARTICLE XII - WAG�S (continu2d) 12.3 Regular e�ployees not covered by the fringe benefits listed in Article 12.2 srall be considered, for the purposes of this AGREEME�'T, partici- pating e�ployees and shall be co�p�nsated in accordance with Article I2.1 (WAGLS) and have fringe bzn�fit contributions and/or deductions nada on their be�alf as provided for by Article I3 (FRING� BENEFITS) . 12.4 Provisionaly temporary and emergency employees sha11 be considered, for the purposes of this AGREEMENT, participating employees and sha11 be compensated in accordance with Article 12.1 (WAGES) and have fringe beneiit contributions and/or deductions made in their b�half as provided for by Article 13 (FRINGE BEI3EFITS) . 12.5 Al1 regular enployees emplayed after February 15, 1974, sha11 be considered, for the purpose of this AGREEMEN�, participating employees and shall be compensated in accordance with Article 12.1 (�dAGES) and hav'e frizge benefit cantributions and/or deduction.s made on thair behalf as provided for by Article 13 (FRINGE BENEFITS) . - 13 - . � ARTICLE XIIZ - FRINGE BE�iEFITS �_., ,� 13.1 T'ae EI�'LOYER shall nake contributions on behalf of and/or make deductions fro� the wages of employees covered by this AGREEMENT in accordance with Appendi� D for all hours worked. �' :�., Ya:.. r' ;: - 14 - ARTICLE �ZV = SELECLIO�i OF FOR:..i�.A�.'�1 AATD GENERAL FOREMI�N ,c- �: �'`� 14.1 Tne selection of personnel for the class of position of • Fore�an sha11 reaain solely with th� EMPLOYER. 14.2 Th� class of position of Foreman sha11 be fi,lled -by employezs of the bargaining unit on a "temporary assignment". 14.3 Al1 "temporary assignments" shall be made only at the direction of a designated EMPLOY�'R supervisor. 14.4 Such "temporary assignments" sha11 be nade only in cases where the class oi positions is vacant for more than one (I) normal work day. � � f - 15 - _ � /�_��J ARTICLE XV - RETIREMEN� � � 15.1 AlI employees shall retire from employment with the EMPLOYER no later than the last calendar day of the month in which an employee becomes sixty-five (65) years old. � � � :4' - 16 - ARTICLE XVI - NOLID�YS - �" `;4, 16.1 The followi.^.g nine (9) days sha11 be designated as holidays: New Year`s Day, January 1 President's Day, Third Monday in February Menorial Day, last rionday in May Ir.3ependence Day, July 4 Labor Day, first Monday i.n Septe�ibQr Colurabus Day, second Monday in October L'eteran's Day, Novemb�r 11 Tha�ksgiving Day, faurth Thursday in November Christmas Day, December 25 16.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following rionday shaZl be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 16.3 The nine (9) holidays shall be considzred non-work days. r �� 16.4 If, in the ju�gment of the EMPL4YER, personnel are necessary for operating or emergency reasons, employees may be sche�.uled or - - - -- - - "called back" in accordance with Article 10 (CALL BACK) . 16.5 Employees workin.g on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 16.6 In the case of Board of Education employees, if Presidents' Day, Columbus Day, or Veterans' Day fall on a day when school is in session, the employees shall taork that day at straighr time and another day sha11 be designated as the holiday. This desi.gnated holiday shall be a day on which school is not in session and shall be determined by ,agreement between the enployee and his supervisor. � - 17 - ARTICLE XVII - DISCIPLZNaRY PROCEDURES � �;� 17.1 The EI�'LOYER shall have the right ta irspose discipliutary actions on emplo.y�es for just cause. 17.2 Disciplinary actions by the EMPLOYER sha11 incZude onl.y the following actions: 17.21 Oral repri.mand. 17.22 Written repri.mand. 17.23 Suspension. 17.24 Demotion. 17.25 Discharge. 17.3 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission ar a designated Board of Review. The Civil Service Commission, A. Y� or a designated Board of Review, shall be the sole and exclusive m�ans of reviewing a suspension, demotion, or diseharge. No appeal of a suspension, denotion, or discharge shall be considered a "grievance" for the purpose of processing through the provisions of Article 23 (GRIEVANCE PROCEIIURE). � - 18 - . � � � ��.�2� ARTICLE XVIZI - EIBSENCES FROM WORIC .;�-. �,_ 18.1 Eaploy�es who are unable to report for their normal woxk day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event late� than the beginning of such work day. 18.2 Failure to maka such noti.fication may bz ground for discipline as provided in Article 17 (DISCIPLINARY PROCEDURES) . 18.3 Failure to report for work without notificaCion for three (3) consecutive normal work days may be considered a "quit" by the E1`iPLOYER on the part of the employee. �.. ' � � - 19 - • ARTICLE XIX - SENIORITY �;�. � 19.1 Seniority, for the purposes of this AGREEP,�"�c.NT, shall be dafined as follows: 19.11 "Master Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the last date of employment in any and all class titles covered by this AGREErLNT. 19.12 "Class Seniority" - The length of conCirtuous regular and grobationary service with the EMPLOYER from the date an employee was first appointed to a class title covered by this AGREEMENT. 19.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty � (30) calendar days; is granted because of illness or injury; is �_ granted to allow an e�ployee to accept an appointment to the unclassified service of the EMPLOYER or to an elected or appointad full-time position with the UNION, �.9.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 19.4 In the event it is determined by the EMPLOYER that it is n�eess?ry to reduce the work force employe?s will be laid off by class title within each Departr�ent based or� inverse length of "Class Senio�itq"o Employe�s laid off shall have the right to reinstatement in any losaer-paid class title, provided, enployee has greater "P�iaster Senzority" than the e�ployee being replaced. � � 19.5 The selection of vacation periods shall be made by class title based on lenJth of "Class Seniority", subject to the approva� of the EriPLOXER� - 20 - � ARTICLE XX - JUR�SDICTTOv �. 2�01 Disputes concerr.ing �aork jurisdiction between and among unions is recognized as an appropriate subject to determination b� the various unions representing empl3yees of the EMPLOYER. 2002 Th� EIvLpLOYE? agrees to be guided in the assignment of work jurisdiction by any mu�ual agreament� b�twe�n ths unions involved. 20.3 In the even*_ of a dispute concerning the psrformance or assign�ent of work, the unior.s involvQd and the EMPLOYER shall meet as soon as nutually passible to resolve the disp*1tQe No�hing in the foregoing shall restric� the right of the E1�I'i'LOYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict the EMPLOYER'S basic righ*_ to assign worko . '� 20.4 Any enployee refusing to perform work assigned by the EMPLOYER and as �, clarified by Sections 20s2 and 20.3 above shall be subjecC to disciplinary action as provided in Article 17 (DISCIPLINAR.Y PROCEDURES) . 2005 There st!all be no work stoppage, slow down, or any disruption of work re�ulting from a wo�k as�ignmanto � �: � - 21 - ARTICLE XXI - SEPARATION ,�-,. �� •� 2101 Employees hat:ing a pz�obationary or reg�iar employment status shall be considered separated from employment based on the following actions: 21.11 Resignationo Employeas resigning from employm?nt sha11 give written notice fourteen (14) calendar days prior to the effective date of the resignationo 21.12 Retirement: As provided in Article lSo 21.13 Discharge. As provided in Article 17. 21014 Failure to Rspox� for Duryo As providsd in Article 18, 2I.2 Employees having an emergency, temporary, or provi.sional employment status may be terminated at the discretion of the EriPLOXER before the completion of a normal work dayo � � �< � `�. - 22 - ' ARTICLE �XII - TOOLS ��- � 22.1 Al1 employees shall p°rsonally provide thsmselves with the too s of th� trade as listed in Appendix B. � ,� ` � � - 23 - ' ��-�� ARTICi.E XXIII - GRIEVA.�3CE PROCEDURE ,�,_ �_ 23.1 The ErL°LOYER shali recognize S'tewards selected in accordance with UivION rules and regulations as the grievance representative of the bargaining un.it. The UNION shaZZ notify the EMPLOYER in writing of the names of the Stewards and of their successors when so named. . 23.2 It is recoonized and accepted by the EMPLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the job duties and respon.sibilities of the empl.oyees and shall th�refore be accomplished during woricing hours only when consi.stent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and `� that such absence would not be detrimental to the.work programs of the �. ' EMPLOXER. _ - --- -- ._ 23.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 17.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. 23>4 Grievances shall be resolved in conformance with the following procedure: SteP 1. Upon the occurence of an alleged violation of this AGREEriENT, the employea involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved . � .� - 24 - ARTICLE XXIII - GRIEVANCE PRaCEDJRE (continued) 4'� � to the employeets satisfaction by the informal discussion it �ay be reduced to writing and referred to Step 2 by the IT�TION. The written grieva�ce shall set forth the nature of tne grievance, the facts on which it is based, the alleged section{s) of th� AGREEMENT violated, and the relief requestedo Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) calendar days of the first occurrence of the event giving rise to the grievanee or within the use of reasonabZe diligenee should have had knowledg� of the first occurrence of the event giving rise to the grievance, shall be considered �aaivede Setp 2. Withirt seven (7) calendar days after receiving the written � � � � gri�vaace a designated EMPLOYER supervisor sha11 meet with _ _. .. ___ _. the UNION Steward and attempt to resolve the grievance. If, as a result of this nezting, the grievance remains unresolved, th� EMPLOYER shall reply in writing to tha UNION within three (3) calendar days following this meetingo The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of ths E;IPLOYER'S written answero Any grievance not referred i.n writing by tha UNION within seven (7) calendar days following recaipt of the EMPLOYER`S answer shall be considered waivedo � - 25 - ARTICLE XXIII - GRIEVr��CE PROCEDURE (continued) .y:� . � Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated EMPLOYER supervisor sha11 me�t with the UNION Business t4anager or his designated represenCative and attempt to resolve the grievance. Within seven (7) calendar days following this meetin� 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 iNION may refer the grievance to Step 4. Any grievance not reierred to in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYER'S answar shalZ be considered waived. �� . Step 4. If the grievance remains uaresolved, the WiION may _ _ __ _ ._ _ within seven (7) calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) calendar days af�er notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party �ay request the Public Etaployment Relation Board to submit a panel of five (5) arbitratorso Bo�h the EMPLOYER and the � - 2 6 -- . ^.RIICLE ?:.YIII - GRIEVaIvCE PROCEDTJIZE (continued) �Y� IT�IO'd shall hav� the right to strike two (2) � na�es from the pan�l. The I3NION shall strike ths fi.rst (lst) r.ame; the EP�LOYER shall then strike one (1) name, The process will be repeated and the rema.ining person shall be the arbitratore 2305 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or sub*_ract from ths provisions of this AGREEMENTo The arbitrator shall consider and decide only the specific issue submitted in wryting by the EMPLOYER and the UNION and shall have no authority to make a decision on any oth�r issue not so submitted. The arbitrator shall b� without power to make decisions contrary to or inconsistent with � or ma�ifying or varying in any way the application of laws, rules or � regulations having the force and effect of law. The arbitrator's _ ___ _ _ d�cision sha11 be submitted i.n writing within thirty (30) days following close of the hearing or the submis�ion of briefs by the parties, whichever be later, unleas the parties agree to an extension. The decision shall be based soZely on �he arbitrator's interpretation or applicatian of the express terms of this AGREEI�NT an3 to the facts of the grievance pres�nted. The decision of the arbitrator sha11 be final and binding on the EMPLOYEP., the UNION and thQ amployees. � � � - 27 - ARTICLE XXIII - GRIEV:�IvCE PROCEDURE (continued) � 23.6 The fees and exper_ses for the arbitrator's services and proceedings T�. .� shall b� borne equally by the ErQLOYER and the UNION, provided that each party shall be responsib2e for co�pensating its own representative and witnesses. If either party desires a verbatim record of the procee�ings, it may cause such a record to be made providing it pays for the record. 23.7 The tine li�its in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION.. � � � - 28 - ARTICLE XXIV - RIGHT OF SU3CO�T?2.4CT ��" 24.1 The E'IPLOYER r..ay, at any tine during the duration of this AGRr.EMEiVT, � contract out work done by the employees covered by this AGREEMENT. In the event that sucn contracti::g would result in a reduction of the work force covered by this AGREEMEI3T, the Ei�iPLOYER shall give the UNION a ni�ety (90) calendar day notice of the intention to sub-contract, 24.2 The sub-contracting of work done by the employees covered by this AGREEMENT shall in a11 cases be made only to employers who qualify in accordance with Ordina.nce No. 14013. �: . Y�._ � �t. - 29 - ' ARTICLE XXV - NON-DISCRI2•iINATION � 25.1 The terras and conditions of this AGREEi�fENT will b� applied to employees equally without regard to, or discriminat�on for or against, any individuaZ because of race, color, creed, ser, age, or because of inembership or non-membership in the UNION. 25.2 Emplayzes wil.l perforn their duties and responsiSilities in a non-discriminatory manner as such duties and responsibilities involve other employee5 and the general public. � � � Y - 30 -