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271496 WHITE - CiTV CLERK ��`y�'{� . PINK - FINANCE COUIICII � dl,7 CANARV - DEPARTMENT G I TY OF SA I NT PAIT L File NO• BLUE - MAVOR � ° � ouncil Resolution Presented By Referred To Committee: Date Out of Committee By Date An administrative Resolution approving the terms and conditions of 1 g78 Maintenance Labor Agreements between the City of St. Paul, Independent School District No. 625, and the Twin Cities Glaziers and Glass Workers Local 1324. WHEREA5, 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 Twin Cities Glaziers and Glass Workers Local 1324, 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-510-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 period June 1, 1978, through May 31, 1979, for such personnel as are set forth in the Agreement 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 June 1, 1977; now, therefore, be it ..1- COUNCILMEN Requested by Department of: Yeas Nays Butler In Favor Hozza Hunt Levine _ __ Against BY — Maddox Showalter Tedesco Form prov d by y ttorne Adopted by Council: Date ' Certified Passed by Council Secretary BY � By � 6lpproved by Mavor: Date _ Appro d by Mayor for Submi i to Council � BY - – — BY ' WFIITE - CiTV CLERK / �� PINK - FINANCE COUIICll f CANARV - DEPARTMENT GITY OF SAINT PAUL File NO. BLUE - MAVOR � ' ' Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Maintenance Labor Agreements, cited above, dated as of the eff ective date of this Resolution, between the City of 5t. Paul, Independent School District No. 625, and the Twin Cities Glaziers and Glass Workers Local 1324, on file in the office of the City Clerk, are hereby approved, and the authorized administrative officials of the City are hereby authorized and directed to execute said Agreement on behalf of the City. Approved: �• ��-�`'� airman Civil Service Commission -2- COU[VC[LMEN Requested by Department of: Yeas Nays Butler PERSONNEL OFFICE Hozza [n Favor Hunt �� L.evine _ __ Against BY Maddox Showalter Tedesco �J�. L�;� � Adopted b � ncil: Date Form Approved by City Attorney Ce ied P•: - by Council S cretary BY B � / � � l�1 by ;Navor: �u�' 2� �— Approved by Mayor for Submission to Council By — By vua�isNFO AUG 5 197� � . tt�t �1s 1�lI97� � �►.: ;.9/st7.6 � : � . j TO�T: 0 Ri� � �iF�� Da�.1�s '�une 22, 1978 �# ,� �Yl�t f3&�R�i�4 I+1l�� : ; �'E C � � � � � �ats �►�z�±va�nn�: m�t��.ca :JI�L$ � 1J78 . ' . . �.�. . . . . " . . ' , . � .9 1tE. �a�rs7.u�ion �or �ub�aisaicmt �a Ci,� `�c►+�nai.a, ��'� , .�,��,.�.�� ' � W� �rarr�aan�:d �oa�►r a�p��rov�a�]: aaad ,s�ss�oa o� �tiis R�solul��t4 �h��C�t3� .Coniac�:l' �.: ' _ P ,. T� A,C�T(�:, . . - : �a Thi� Resalt��xoa approvee 1978 Agreenaen.ts b�etween the City of St. Panl, ISl7 #�ix5 , and the G�.aziers Local 1324. , _ � This Agraemeat calls for a 67� an hour i.ncrease i� wages an+d"13�'ia friages�for , a tota�. gackage hourly increase of 80�. . Th�.premium pa�r for working 20 feet or more above gravad ie increased frt�a 4�� to (iQ� per hour. A 7 �,,,�,.,�„8,.:; . R��olutiou, Maintenance Labor Agreeranents a�d copy fo� Ci�y Clerk. M' 1 �l � �� 1978 MAINTENAI3CE LABOR AGREEMENT - between - THE INDEPENDENT SCHOOL DISTRICT N0. 625 - and - TWIN CITY GLAZIERS AND GLASS WORKERS LOCAL No. 1324 a_,,, .,:..�. . , / ;,.u�., r.,._ _ ,,._��,.,...».�.....d..._...._ e � , � INDEX ARTICLE TITLE PAGE Preamble iii I Purpose 1 II Reeognition 2 III Employer Rights 3 IV Union Rights 4 V Scope of the Agreement 5 VI Probationary Periods 6 VII Philasophy of Employment and Compensation 7 VIII Hours of Work $ IX Overtime 9 X Call Back 10 XI Work Locatian, Residency 11 XII Wages 12 XIII Fringe Benefits 14 XIV Selection ofForeman and General Foreman 15 XV Retirement 16 RVI 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-Discrimina.tion 30 XXVI Severability 31 XXVII Waiver 32 XXVIII Mileage-Independent School District ��625 33 XXIX Duration and Pledge 34 Appendix A AL Appendix B B1 Appendix C C1 Appendix D D1 - ii - P REAMBT. E This AGREEMENT is entered into on this 20th day of June , 1978, between the Independent School District No. 625 hereinafter refexred to as the EMPLOYER and the Twin City Glaziers and Glass Wor.kers Local 1324 hereina.fter referred to as the UNION. The EMPLOYER and the UNION concur that this AGREEMENT has as i.ts 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 th3.s 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 - a::...�._,..-.w_....: .. ..... / ... . .: .,:;4 F °:: . .::. � . .. � � . . ,. ..- . . .... . �..... .. :...... ...�.. ....,�...� . . ... ... ._,...... . .�,h,��vNa,Mia.A.:a�.:aaav+w�� :::�l. ..uw.:.1...:..,.._,:.a�x...._..,._......:.. • ART�CLE I - PURPOSE �' l�l Tre E�LOYER and the U:VION agree that the purpose far entering into this AGREEMENT is to: l.11 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee parformance that is consistent with the safety and well-being of all concerned; 1012 Set forth rates of pay, hours of work, and other conditians of employment as have been agreed upon by 'the EMPLOYER and the UNION; 1.13 Establish procedures to orderly and peacefully resolve disputes as to the application or inter- pretation. of this AGREEMENT without loss of � manpower productivity. .. - - _ l02 The EMPLOYER and the UNION agree that this AGREEMENT serves as a supplement to legislation that creates and diracts the EMPLOXER. If any part of this AGREEMENT is in conflict with such legislation, the latter sha11 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 - J- _ E1.�TICLE II - RECOG.3ITIOV � 2.I The E��'LOYER recognizes the UNIO�i as the exclusive representative for collective bargaining purposas for all personnel having an employmeat status of regular, probationary, grovisiona?, temporary, and emergency employed in the cZasses of positions d2fined in 2.2 as certif ied by the Bureau of Mediation Services in accordance with Case No. 73-PR-510-A dated May 11, 1973. 2e2 The classes of positiores recognized as being exclusively represented by the UNION are as listed in Appendix A. �� % - 2 - .,., , __ ._ .. .. _ .. .. .. . ., _ j ARTICLE III - EMPLOYER RIGHTS � 301 The EMPLOYER retains the right to operate and nanage all manpower, � facilities, and eqnipmen't; to establish functions and prograns; to set and amend budgets; to determine the utiZization of technology; to establish and modify the �rganizational structure; to select, direct, and determine the number of personnel; and ta perform any inherent mana�erial function not specifically limited by this AGREEMEI3T. 3,2 Any "term or condition of employment" not established by this AGREEMENT shal.l remaia with the EMPLOYER to eli.minate, modify, or establish following written noti�ication to the WiION. ,s � � ; _ - - - I i 1 1 � . E t 3 ` : t= i - 3 - ' ' ARTICLE I�' - UtiION RIGHTS �' 401 . The E.*LpLOYER shall deduct f�-om the wages of employe�s wha authorize such a ded;:ction in writing an amount nece5sary to cover �onthly WiION du2s. Such nonies deducted shall ba remitted as directed by tha iNION v 4011 The �SPLOYER shall not deduct dues from the wages of ernployees covered by this AGREEMENT for any other labor organizationo 4.12 The U�iI0�3 sha11 indemnify and save harmless the �LOYER from any and all claims or charges made agai�st the EMcLOYER as a resuit of the im�lementation of this �RTICLE. 4.2 The '[TDTION nay designate one (1) employee from the bargaining unit to � act as a Steward and shall inform the EMPLOYER in writing of such designation. Such enployee shall have the rights and responsibilities as designated in Article 23 (GRIEVANCE PROCEDURE) . . 4.3 Upon notification to a designated EIYLpLOYER supervisor, tt!e Business Manager of the UNYON, or his designated representative shall be permitted to enter the facilities of the E.*�LOYER where employees covered by this AGREEMENT are working. � � - 4 - � : .; . . . ,: . �. �r ::...��.; _ _ . ARTICLE V - SCOPE OF THE AGREErIE:1T �� 50l This AGREEI`�NT esCablished the "ter�s and conditions of employment" defined by M,Se I79e63, Subd. 18 for all employees exclusively represented by the IJNIO:T. This AGREEr�NT shall. supercede such "terms and conditions of employmenC" established by Civil Service Rule, Council Ordinance, and Council P.esolution. � � �_ }'� ,x - S - ARTICLE VI - PR03ATIONARY PERIODS �� 6.1 All personael, origir.ally hire� or rehired following separation, in a regular e�ployment status shall serve a six (6) month's probationary period during which tine the e�ployee's fitness and ability to gerform the class oi positions' duties and responsibilities shal.l be evaluated. 6.11 At ar_y time during the probationary period an enployee may be termiaated at the discretion of the EMFLOYER without appeal ta the provisions of Article 23 (GRIEV��iCE PROCEDURE). 6>12 An employee terninated during the probationary period sha11 receive a written no�ice of the reason(s} for such termination, a .copy of which shall be sent to the tNION. �- 6.2 All personaei 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 perfora the class of positions' duties and respansi- bilities shall be evaluated. 6.21. At any time du:ing the promotional probationary period � an employea nay be demoted to the employee's previously � held class of positions at the discretion of the EI��LOYER without appeal to the provisions of Article 23 �GRIEVANCE PROCEDURE). 6.22 An empl.oyee deaoted during the promotionaZ probationary period shall be returned to the employee's previously held class of positions and shall receive a written notice of the reasons for demotion, a copy of which � shall be sent to the Ui3I0N. - 6 - �. .... ., � _. _ .�:. ,::: , ,. , ... . _ _ ~ ARTICLE VII - PHILOS�PHY OF EMPLOYMENT AND CO.g.'EI3SATION �' 7.1 The EMPLOYER and the UNION are in full agreenent that the philosophy �. of employment and compensation shall be a "cash" hourly wage and "industry" fringe benefit system. 7.2 The EMPLOYER shall conpensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as faund in Articl.es 12 (WAGES) and 13 (FRINGE BENEFITS). 7.3 Na other cocapensation or fringe benefit shall be accumulated or . earnad by an employee except as sgecifically provided for in this AGREEMENT; except those employees who have individually optioned to be "grandfathzred" as provided by 12.2. � �. ! i _ 7 - F f ~ �TICLE VIII - HQLRS OF WORK �>' 8>1 The normal work day shall be ei�ht (8) consecutive hours per day, �.. excluding a thirtp (30) ninute unpaid lunch period, between 7t00 a.m. and 5:30 p>n. S.2 The normal work wee'� shall. be f ive (5) consecutive norr�al work days Monday through Friday. 8.3 If, during the term of this AGR�EMEI3T, it is necessary in the EMPLOYER'S judgment to establish second and third shifts or a work week of other than Monday through Friday, the iTi1I0N agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. � 8e4 This sectivn shall not be con�trued as, and is not a guarantee of, any � hours of work per normal work day or per normal work wee'�c. � '� g.5 �,11 employees shall be at the location designated by their supervisor, �. - ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise �irected by their supervisor. 8.6 All emplaye�s are subject to call-back by thz F.�iPLOYER as provided by Article 10 (CALL BACK) . 807 Employees reportino for work at the established starting time and for whoa 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 Ieavino home, or during the pxevious work dayo � �. - 8 - .. . :.t. .'. '.?_-., .._. . .,�...._ ...�..: .. ...:. .. :. ...�.,. , �. .:�.:.. ....�.<Yr �w ; Yvlme�tii'.Mv..w .S:<,r.:.<.�.:al�:iww.:i�..�...:.+.��....e.....,. ARTICLE IX - OVERTIME 9.1 T�me on the payroll in excess or the normal hours set farth above �. shall be "overitme work" and shall be done only by order of the head of the department. An employee shall be recompensed for work done in excess of the normal Yeours by being granted compensatory time on a time-and-on�-half basis or by being paid on a time-and- one-half basis for such overtimz work. The basis on which such overtime s;�all be paid shall be determined solely by the EMPLOYER. 9.2 Ti►e rate of one and one-half (1!) the basic hourly rate shall be the overti.see rate for work perfoztaed under the following circumstances: 9.21 Time worked in excess of eight (8) hours in any one normal work day and; . 9e22 Time worked on a sixth (6th) day following a normal work week. � R.3 The rate of two (2) times the basic hourly rate shall be the overtime _ rate for work performed under the following circu�stances: _ __ _ 9.31 Time worked on a holi.day as defi.ned in Article 16 - (HOLIDAXS) ; 9032 Time worked on a seventh (7th) day follot,*ing a normai work week; and 9033 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 compansa�ed at the rate of one and one-half (1�). 904 For the purpose of calculating overtime compensation overtime hours worked shall nat be "pyramided", compounded, or paid twice for the same hours workedo � - 9 - ... . .<A ..._ i r,,:.,, . .:.. ; . _ _ __.....__ �,. ,,._.. __ � ARTICLE X - CALL BACI: �- 10.1 The E�`�LOYER retair.s the right to call back e:uployees befors an � � employee has started a normal work day or normal work wesk and after an employee has conplete� a normaZ work day or norcaal work W28�it. 10.2 Employees called back shall receive a minimum of four (4) hours pay at the basic hourly rate� 10.3 The hours worked based on a call-back sha11 be compensated in accordance with Article 9 (OVERTI.�) , when applicable, and subject to the mini�eum established by 10>2 above. 10.4 Employees cal].ed back four (4} hours or less prior to their nornal work day shall complste the normal work day and be compensated only for the ov�rtime hours worked in accordance with Article 9 (OVERTIME). � f � - 10 - .......,. ..._....: -. .. ..../ ,.....:.': a , �..,.:�.. �. ...- �� _ ...�.�... ........_..r.- . �.... ....._:': .. .::�.....� n , ...,w. .., . . . .a. �w,�.+a.� .. . .:...,.�. ,. . .�.'. .l-.�+6�-��_..s.m1n�'LJIx:..u-+u...i,�.a+I�. . -�i'.-y.�w.�.a.�.'��w�w�.s.�,o......... ARTiCLE XI - WO�.K LOCATIO�, RESIDENCY ` llol Employees shall rep�rt to work Iocation as assigned by a designated � EriPLOYER supervisor� During the normal work day employees r.iay be assigned to otheT work locations at th� discretion of the EMPLOYER. 11.2 Emplayees assigned to work locations dur�ng the normal work day, other than their original assij*_iment, and who are required to furnish their own transportation shall be com�ensated for miZeage. ll03 All naw enployeas ap�ointed after January 1, 1976, would be required to reside in the City of Saint Paul within one year of their origiaal appointrser.t, and there3fter would be required to remain within the City liraits as lcag as they were employed by the City .of Saint Paul. 11.4 This residency requirement shall apply to unclassified employees as well as classified employeeso �_. 11.5 Applica�ts for positions in the City of Saint Paul will not be required__ __ _. to be residnnts of the City of Saint Paule 11.6 Employees failing to meet the �esidency r�quirem�nt will be subject to termination aud a hearing p�ocess sha�l be established to determinz wheth�er the residency requirement was meto. � - 11 - .�.j - ' � ..._, , .. ...... .... .:... ARTICLE XII - WAGES � 12.1 The basic hourly w�ge rates as established by Appendix C sY!all be paid for all h�urs wor�ed by an enployee. 12.2 Employees who are covered by the fringe benefits listed below shall continua to be covered by such benefits. They shal.l be subject to all other provisions of the AG��.?KE�iT, but shall not have hourly fringe benefit coatributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BEI3EFITS) . 12021 Ir_surance benefits as establishad by City of Saint Paul P.esolutionsv 12.22 Sick L�ave as established by Ordinance No. 3250, Section 35, S�bdit:ision Ea 12.23 Vacation as established by Ordinance Noo b446, Section 1, �.. Subdivision Ho 12.24 Nine (9) legal holidays as established by Ordinance No. _ __ ___ 6446, Sec=ion l, Subdividion Io 12.25 Severence benefits as established by Ordi.nance I�o. 11490 with a naximum payment of $4,OOOe . t�_ � - 12 - ,... . . ✓ �. .. ., -- . . , �....�.-...».�..,..... .. ,. .�r, ....,r�,..k _.�. .. . ARTICLE XII - WAGES (continued) '� 1203 Reoular 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 con�ensated 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 (FR�NGE BENEFITS) . 12.4 Provisional, temporary, and emergency employees shall be considered, for the purposes of this AGREEME'NT, participating employees and shall � be compeasated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 13 (FRINGE B�VEFITS). 12.5 Al1 regular employees emgloyed 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 deductioas made on their behalf _ __ as provided for by Article 13 (FRINGE BENEFITS) . 12.6 A premium pay of sixty cents (60�) per hour sha11 be paid for all swing stage work, such as any work performed from a boatswain's chair or a swing scaffold, twenty (�0) feet or more above the ground. All standard safety laws shall be complied with. � � - 13 - , ,, . . _ ._ _ ..,. : ,_... ._ .. . ARTICLE XIII - FRINGE BE?�tEFITS .;�" 13.1 The E?�'LOYER shall make contrib�stions on behalf of and/or ma�e t. deductions from the wages of e�ployees covered by this AGREEMEI3T in accordance with Aapendix D for all hours wo�ked. �. � - 14 - „ __ , . . ,.. ..... , .. _ _.... , . . _.. ,�. .< �w<.�., ry .�, �,,:ar .:�,... ARTICLE XIV - SELECTION OF FOREMAI3 AND GENERAL FOREMAIV ,�r;� 14.1 The selection of personnel for the class of position of Foreman �+a, shall renain solely with the El•fPLOYER. 14.2 The class of posi�ion of Forenan shall be filled by employees of the bargaining unit oa a "temporary assignm.ent”. 14.3 All "temporary assignmen.ts" shall be made only at the dixection of a designated EMPLOYER supervisor. Z4.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant tor more than oae (1) normal work daye �. � � - 15 - ARTICLE XV - �TIP.�`�Ic.NT � 15.1 All employees shall retire from employment with the EMPLOYER no later than the last calendar day of the month in which an employee becomes sixty-five (65) years old. � � � - 16 - ARTICLE XVI - HOLIDAYS �" 16.I The following nir_e (9) days shall be designated as holidays: � New Year's Day, January 1 President's Day, Third Monday in Februa�y Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Mouday in September Columbus Day, secpnd 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 CYeristmas 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 precediag Friday sha21 be considered the designated holidayo . 16.3 The nine (9) holidays shall be considered non-work days. 16.4 If, in the judgcaent of the EMPLOYER, personnel are necessary for �. operating or emergency reasons, employees ma.y be scheduled or � "called back" in accordance with Artfcle 10 (CALL BACK). 16.5 Employess working on a designated holiday shall be compensated at the ra*_e of two (2) times the basic hourly rate for al.l hours worked. 16.6 In the case of Board of Education employ�es, if Presidents' Day, Columbus Day, or Veterans' Day fall on a day when schoal is in session, Lhe 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 agreeiuent between the enployee and his supervisor. � . � � • - 17 - ' . �� ARTICLE XVII - DISCIPLIN�RY PROCEDU�.S �� 17.1 The EMPLOYER shall have tne right to impose disciplinary actions on � employees for just cause. 17.2 Disciplinary actions by ttee E1�LOYER shall include only the fallowing actions: 17.21 Oral repriaand. 17.22 Written reprimand. 17.23 Suspenszon. , 17.24 Demotion. 17.25 Discharge. . 17.3 Employees who are suspended, deao�ed, or discharged shall have the right to request that such actions be revi.ewed by the Civil Service Co�aission or a designated Board of Review. The Civil Service Commission, � or a desionated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharg�. No appeaZ of a-- - ----_-- - suspension, demotion, or discharge shall be considered a "grievance" for the purpose of processing through the provisions of Article 23 (GRIEVANCE �ROCEAURE). � - I8 - ARTICLE XVIII - ABSENCES FROM WORK 18.1 Enployees 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 provi�ed in Article 17 (DISCIPLINA.RY PROCE�UP.ES) . 18.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a "quit" by the �LOYER on the part of the employee. �:_ � - 19 - _ . . ._ . . � ... _ _ _ ARTICLE XIX - SENIORITY �_ 19.1 Seniority, for the purposes of this AGREEMENT, shall be defined as follows: 19.1I "Master Seniority" - T'ne length of continuous regular and probationary service with the EMPLOYER from the last date of employment in any and all class titles covered by this AGREEMENT. 19.12 "Class Seniority" - The length of continuous regular and probationary service with the EMPLOYE� from the date an empl:oyee was first appointed to a class title covered by this AGREEMENT. 19.2 Seniority shall not accumulate during an unpaid Zeave 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 em�loyee to accept an appointment to the unclassified service of the EMPLOYER or to an elected or appointed full-time position with the UNIOV, 19.3 Seniority shall termivate wh�n 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 employe�s will ba laid off by class title withia each Department based on inverse length of "Class Seniority". Ersployees laid off shall have the right to reinstatement in any Iower-paid class title, provided, employee has greater "Master Seniority" than the employee being replaced. ' � 19.5 The selection of vacation periods shall be r,�ade by class title based on � length of "Class Seniority", subject to the approval of the Ei"�'LOYER, - 20 - ._a... ._ . _ . _ i.�.. ,.. ._.�,..... .. :: ;. _.. ... __ __ ,., .. ,...... _...,..�.w.��.,.. a .,..w..�._._......,....,.,,...�,,...«..,,��.. ARTICLE XX - JURISDICTIO�i �' 20.1 Disputes concerning work jurisdiction between and among uni.ons is �; ~ recognized as an appropriate subject to determination by the various unions representing employees of the ENLpLOYERo 20.2 The �*�LOYER agrees to be guided in the assignment of work jurisdiction by any mutual agreements between tha unions involved. 20.3 In the event of a dispute concerning the performance or assignznent of work, the unions involved and the EMPLOYER sh�ll meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the ri;ht of the EMPLOYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict the EMPLOYER'S basic right to assign work. 20.4 any employee refusing to perform work assigned by the EMPLOYER and as �. clarified by Sections 2002 and 20.3 above shall be subject to disciplinary action as provided in Article 17 (DISCIPLINARY PROCEDURES) . 20.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. � �. - 21 - ARTICLE XXI - SEPARA.TION � 21.1 Employees havino a probationary or regular employmant status sha11 .be considered separated from employment based on the following actious: 21.i1 Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the eff ective date of the resignation. 2I.12 Retirement. As providad in Article i5. 21.13 Discharge. As provided in Article 17. 21.14 Fai2ure to Report for Duty. As provided in Artiele 180 21.2 Employees having an emergency, temporary, or provisional employmant statua may be terminated at the discret�on of the EMPLOYER before the completion of a normal work day. _� � �. - 22 - ARTICLE XXII - TOOLS � 22.1 A11 employees sha11 personally provide themselves with the tools of the trada as listed in Appendix Bo � � - 23 - � _ . , _ _ . . _ a _ _ __., ._.. ARTICLE 7i:{IIZ - GRIEVANCE PROCEDURE (�� 23.1 The E.'�IPLOYER shall recogaize Stewards selected in accordance with UDtIQN rules and regulations as the grievance representative of the bargaining unit. The WiION shall notify the E1�IPLOYER in writing of the names of the Stewards and of their successors when so namedo 23.2 It is recogn.ized and accepted by the El`�LOYER and the UI3ION that the processiag 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 the employee have notified and received the approval of their supervisor to be absent to pracess a grievance and that such absence would not be detrimental to the work programs of the �,_ EMPLOYERo 23.3 The procedure established by tnis ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided. by 17.3, for the processing of grievancas, which�are defi.ned as an a17.eged violation of the terms and conditions of this AGREE��NT. 23.4 Grievances shall be resolved in conforciance with the follo•�aing procedure: Step 1. Upon the occurence of an alleged violation of this AGREEMENT, the employee involved shall attempt to resolve the rzatter on an informal basis with the employez's. supervisora If the matter is not resolved 6 �_ - 24 - ...y.�._�. ..:..... ._.; �.� . . . i .: . . . . . _ .. .. _ .:. ._ . _ ._ . .. .. . . . .. . .. .. .,._ _..__...---�:_._._.. . _..: .-. .___�._.:._ ... ._ .,.. ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) � to the employee's satisfaction by the i.nfonnal discussion it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the relief requested. Any allegzd violation of the AGREEMENT not reduced to writing by the WION 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 occurrertce of the event givi.ng rise to the grievance, shall be considered waived. Setp 2. Withia seven (7) caiendar 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 ot this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UNION withia three (3) calendar days followino this meeting. The UNZON may refer the grievance in writiag to Step 3 within seven (7) calendar days following receipt of the E,IPLOYER'S written answer. Any grievance not referred in w!-iting by the UNIOV within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considerea waivedo r d - 25 - _ _ /. . . , . .. ._ _. ..,._ .__._..._ _ ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) �`� SteP 3o Within seven (7) calendar days follo•aing receipt of a grievance referred from Step 2 a designated EMPLOYER sup�rvisor shall meet with the WiION Business Manager or his designated representative ar.d attzmpt to resolve the grievance. Within seven (7) calendar days following this meeting the Et�LOYER 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 LJIVION 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 LTiVIOV within seven (7) calendar days after notice has been givene If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relation Board to submit a panel of five (5) arbitratorsa Both the EMPLOYER and the � - 26 - :,, . . _ � _ : _ _ . . �. _..._.,_._,. , . ....... ,... 4.. ARTICLE XXIII - GRIEVr1�VCE PROCEDURE (continued) '� UNION shall have the right to strike two (Z) �SS. names from the panel. The UNI0�1 shall strike the first (lst) name; the EMPLOYER shall then strike one (1) name. The process w'ill be repeated and the remaining person shall be the arbitrator. 23.5 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 no authority to make a decision on any other i.ssue not so submitCede The arbitrator shalZ be without powzr to ma.ke decisions contrary to or inconsistent with �f' or modifying or varyino in any way the application of laws, rules or �L� regulations havino the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days folloraino close of the hearing or the subnission of briefs by the parties, whichevzr be later, unless the parties agree to an extensione The decision shall be based solely oa the arbitrator's interpretation or application of the express terms of this AGREEMEVT and �o the facts of the grievance presented. The decision of the arbitrator shaZl be fittal and binding on the EMPLOYER, the iJNION and the employees. � - 27 - . _ � .. _ . _ . ARTICLE XXIII - GRIEVAiVCE PROCEDURE (continued) .�- � 23.6 The fees and expenses for the arbitrator's services and proceedir.os shall be borne equally by the E�LOYER and the U�IION, provided that each party shall be responsible for compansating its own representative and witnesses. If eith�r party cancels an arbitration hearir.g or asks for a last ninute postpon2mant that leads to the arbitrators makiug a charge, the cancelino party or the party asking for the postponemeat shall pay this charge. If either party desires a verbatim record of the proceedings, it nay cause sucte a record to be made providiag 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 U:VION. � �. - 28 - ARTICLE XXIV - RIGHT OF SIJBCONTRACT �� 24.1 The EMPLOYER may, at any time during the duration of this AGREEMENT, contract out work done by the enployees covered by this AGREEMENT. Tn the event that such contracting would resuZt 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-contracti.ng of work done by the employees covered by this AGREEMENT shall in a11 cases be made only to employ�rs who qualify in accordance with Ordinance No. 14013. � r � � - 29 - _ . , _ _. . ,. . . _ �._ . . _ . . _ _. ARTICLE XXV - NON-DISCRIMINATION �,� 25.1 The terms and conditions of this AGREEMENT wi11 be applied to �__ employees equally without regard to, or discrimin,ation for or against, any individual becaus.e of race, color, creed, sex, age, or because of inembership or non-membership in the WION. 25.2 Employ�es will perform their duties and responsibilities in a non-discriaiinatorp manner as such duties and responsibilities involve other employees and the general publico � �� - 30 - ARTICLE XXVI - SEVEkABILITY � � 26.1 In the event that any provision(s) of this AGREEr�NT is declared to be contrary to law by prope?- legislative, administrative, or �udicial authority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All o*_her provisions shall continue in full force and effect. 26.2 The parties agree to, upon written norice, enter into negoti:ations to place the voided provisions of the AGREEMENT in compliance with the legislative, adninistrative, or judiciaZ determination. � �. - 31 - --.....:_.. i AKTICLE XXVII - WAIVER . �� 27e1 The �iPLOYER and the LiVION acknowledge that during the meeting � and negotiating whieh resulted in this AGREEMENT, each had the right and opportunity to nake proposals with respect to any subject concerAing the terms and conditions of employmento 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 IP.VIoN for the duraCion of this AGREII�NT aoree that the other party shall not be obligated to m�et and negotiate over any tercn or conditi�ns of emplQytuent whether specifically covered or not specifically covered by this AGREII�NT. The iNION and EMPLOYER may, however, autually agree �� to modify any provision of this AGREEtiENTo �:. 27.3 Any and all prior ordinances, aoreements, resolutions, practices, - � � � - policies, and rules or regulations regarding the terms and conditions of enploym�nt, to the extent they are inconsistent with this AG:LEEME�iT, are hereby supersededa ' �. - 32 - ARTICLE XXpZII-MILEAGE - INDEPENDEVT 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 rei.mbursement, employees must receive authorization from the District Mileage Co�ittee utilizing one of the following plans: PLAN "A" is reimbursed at the rate of 15� ger mile. In addition, a maximum amaunt which can be paid per month is established by an estimate furnished by the employee and the employee's supervisoro Another considexation for establishing the maximum amount can be the experience of another working in the same or similar position. Under this plan, it is neces5ary 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 allowance under this plan must report monthly the number of days the car was avail- able during the month. A deduction must be made from the lump sum amount for each day the employee is on vacation. A deduction need not be made for an occasional day of illness or for holiday. � - 33 - ARTI�LE �:�iZX- BUF.ATION AND PLEDGE � 29,1 This AGR:E�'�iE:vT shail become ef fective as of the date of signing, except as specifically provided otherwise in Articles Z2 and 13, an3 shall remain in effect through the 31st day of ::ay, 1979 , and continue in effect fron year to year thereafter unless notice to change or to terminate is given in the manner nrovided in 29.2:: - 29,2 If either party desires to term,inate or modify this AGREEI��iT, effective as of the date of expiration, the party wishing to taodify or terninate the AGREEMEN'T shall oive written r.otice 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 ma.y only be so terminated or modified effectivz as of the expiration date. � 29•.3 Iz consideration of Lhe terns and conditions of emplo}rment established - by this AGREEMENT and the recognition that the GRIEVANCE PROCEDURE - - - -- -- - herein established is the mear.s by thich grievances concerning its application or interpretation nay be peacefully resolved, the parties hereby pledge that during the term of the AGREEMENT: z9w3� The UivION and the employees will not enga;e in, instigate, or condone any concerted action in which enployees fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent thems�lved in whole or part from th� full, faithful performance of their duties of employment. _ � - 34 - ARTICLE XXIX - DURATION AND PLEDGE 29.32 The EMPLOYER will not engage in, instigate, or condone any lock-out of employees. 29.33 This constitutes a tentative agreement between the parties which will be recommended by the School Board Negotiator but is sub�ect to the approval of the School Board, the Administration of the City and is also sub3ect to ratification by the UNION. AGREED to this 20thday of June , 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: ZNDEPENDENT SCHOOL DISTRICT ��625 TWIN CITY GLAZIERS AND GLASS WORKERS, LOCAL 1324 '� �� u� School Board Negotiator Busi�ss Manager , Superintendent, ,Independent School District No. 625 Civil Service Commission • _ _ 35 . APPENDIX A .�`:.' � The classes of positions recognized by the EMPLOYER as being exclusively repres�nted by the UNI0:3 are as follows:_ Glazier Apgrentice and oth�r classes of positions that r�ay be established by the EifE'LOYER where the duties and responsibilities assigned comes within the jurisdiction of the Ui3I0�i. @. . � � - A1 - � / APPENDIX B �r��(� ;�.. �''�� All necessary hand tools �. ��::_ � - Bl - APPE.NDIX 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 June 1,I978 Glazier. . . . . . . . . . . . . . . . . $10.91 The basic hourly wage rate for temporary and emergeacy employees agpointed to the following classes of positions shall be: Effective June 1,1978 Glazier. . . . . . . . . . . . . . . . . $IQ.85 Apprentice 0 - 6 months. . . . . . . . . . . 60% of Glazier rate 7 - 12 months. . . . . . . . . . . 65% of Glazier rate 13 - 18 months. . . . . . . . . . . 70% of Glazier rate - 19 - 24 rsonths. . . . . . . . . . . 75% of Glazier rate _ ___ 25 - 30 months. . . . . . . . . . . 80% of Glazier rate 31 - 36 months. . . . . . . . . . . 90% of Glazisr rate The basic hourly wage rate for regular employees, appointed to the following classes of positions, who are receiving the Fringe Benafits Iisted in Article 12.2 shall be: Effective June }.,1978 Glazier. . . . . . . . . . . . . . . . . $ 9.60 A preraium pay of sixty cents (60�) per hour shall be paid for all s�aing stage work, such as any work perfor��2d from a boatswain's chair or a swing scaffold, twenty (20) feet or r.iore above the ground. All standard safety laws shall be complied with. - C1 - . ,, �� A��ENDIX D Effective June 1, 1978, the EMPLOYER shall: (1) contribute $ .45 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 designa.ted Haalth and ZrTelfare Fund. (2) deduct $ .35 per hour for all hours worked from the earnings of participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREIIKENT, and forward to a Vacatioa Fund. (3) contribute $ .O1 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 Journeyma.n and Ap.prenticeship Training Fund. (4) In addition to the above, in the case of Temporary and Emergency employees, the EMPLOYER shall contribute $ .50 per hour for all hours worked to a Pension Fund. Al1 contributions ma@e in accordance with this Appendix shall be forwarded to depositories as directed by the UNION. The EMPLOYER shall establish Worl�a.n's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating employees as defiued in Articles 12.3, 12.4 and 12.5 covered by this AGREE�tiiE�TT, 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 estab2ished by Personael Rules, Council Ordinance or Council Resolutions. The EMPLOYER'S fringe benefit obli�ation to participating employees as defined in Articles ].2.3, 12.4 and 12.5 is Iimited to the contributions andfor deducations established by this AGItEEMENT. The actual level of benef its provided to employees shall be the responsibility of the Trustees of the various funds to which the E��IPLOXER has forwarded contributions and/or deductions. ' 4 � � �� 1978 MAINTENANCE LABOR AGREEMENT - between - THE CITY OF SAINT PAUL - and - TWIN CITY GLAZIERS AND GLASS WORK�RS LOCAL N0. 1324 . ARTICLE TITLE PAGE Preamble iii I Purpose I 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 12 XIII Fringe Benefits 14 XIV Selection of Foreman and General Foreman 15 XV Retirement 16 XVI Holidays 17 XVII Disciplinary Procedures 1� XVIIT Absences From Work 19 XIX Seniority 20 XX Jurisdiction 21 XXI Separation 22 XXII Tools 23 XXIII Grievance Procedure 2� � XXIV Right of Subcontract �4 XXV Non-Discrimination �� XXVI Severability 31 XXVII Waiver 32 XVIII City Mileage Plan � 33 XXIX Duration and Pledge 34 Appendix A A1 Appendix B B1 Appendix C C1 Appendix D D1 - ii - r P R E A M B L E This AGREEMENT is entered into on this 20thday of June . , 1978, between the City of Saint Paul hereinafter referred to as the EMPLOYER and the �ain City Claziers and Glass Workers Local 1324 hereinafter referred to as the UNION. The EMPLOYER and the UNION concur that this AGREEMENT has as its ob�ective the promotion of the zesponsibilities of the City af Saint Paul for the benefit of the general public through effective labor-management cooperation. The EMPLOYER and the UNION both realize tha.t this goal depends not only on the words in the AGREIIKENT but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the City, the UNION, and the individual employees will best serve the needs of the general public. - iii - P� ' ART�CLE 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; 1012 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the EMPLOYER and the UNION; 1.13 Establish procedures to orderly and peacefully resolve disputes as to the application or inter- pretation of this AGREEMENT without loss of � manpower productivitq. 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 AGREEMEIVT 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 y � 2.1 The EMPLOYER recognizes the UNION as the exclusivE representative for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisional, temporary, and emergency employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-S1U�A dated May 11, 1973. 2e2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendi.x A. � � �, _ 2 _ . , . ARTICLE III - EMPLOYER RIGHTS 30l 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 inhere�t managerial function not specif ically limited by this AGREEMENT. 302 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 � . 401 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies deducted shall be remitted as directed by the UNION. 4.11 The �LOYER shall not deduct dues from the wages of employees covered by this AGREEMENT for any other labor organization. 4.12 The UNION shall iademnify and save harmless the EMPLOYER from any and all claims or charges made against the EMPLOYER as a result of the implementation of this ARTICLE. 4.2 The UNION may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the EMPLOYER in writing of such �;: designation. Such employee shall have the rights and responsibilities as designated in Article 23 (GRIEVANCE PROCEDURE). 4.3 Upon notif ication to a designated EMPLOYER supervisor, the Business Manager of the UNION, or his designated representative shall be permitted to enter the facilities of the EMPLOYER where employees covered by this AGREEMENT are working. � - 4 - . • ARTICLE V - SCOPE OF THE AGREEMENT � Sol This AGREEMENT established the "terms and conditions of employment" defined by MeSe 179e63, Subd. 18 for all employees exclusively rep�esented by the UNION. This AGREEMENT shall supercede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Re�o.lution. � �, - 5 - ♦ • ARTICLE VI - PROBATIONARY PERIODS � 6.1 All personnel, originally hired or rehired following separation, in a regular employment sCatus 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 termiaated at the discretion of the EMPLOYER without appeal to the provisions of Article 23 (GRIEVANCE PROCEDURE). 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the UNION. 6.2 All personnel promoted to a higher class of positions shall serve a six � (6) months' promotional probationar.y period during which time the employee's fitness and ability to perform the class of positions' duties and responsi- bilities shall be evaluated. 6.21 At any time during the promotional probationary period an employee may be demoted to the employee's previously held class of positions at the discretion of the F,NII'LOYER without appeal to the provisions of Article 23 (GRIEVANCE PROCEDURE). 6.22 An employee demoted during the promotional probationary period shall be returned to the employee's previously held class of positions and sha11 receive a written notice of the reasons for demotion, a copy of which �V shall be sent to the UNION. - 6 - • ARTICLE VII - PHILOSOPHY OF EMPLOYMENT AND COMPENSATIOI3 �;, 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 Articles 12 (WAGES) and 13 (FRINGE BENEFITS). 7.3 No other compensation or fringe benef it shall be accumulated or earned by an employee except as specifically provided for in this AGREEMENT; exeept those employees who have individually optioned to be "grandfathered" as provided by 12.2. � � - 7 - ARTICLE VIII - HOURS OF WORK 8e1 The normal work day shall be eight (8) consecutive hours per day, � excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p�m. 8.2 The normal work week shall be five (S) consecutive normal work days Monday through Friday. 8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER'S judgment to establish second and third shifts or a work week of other than Monday through Friday, the UNION agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 804 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. � 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.6 All employees are subject to call-back by the EMPLOYER as provided by Article 10 (CALL BACK) . 8e7 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 dayo � - 8 - ARTICLE IX - OVERTIME � 9.1 Time on the payroll in exces5 of the normal hours set forth above shall be "overitme work" and shall be done only by order of the head of the deparCment. An employee shal7. be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and- one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the EMPLOYER. 9.2 The rate of one and one-half (li) the basic hourly rate shall be the overtime rate for work performed under the following circumstances: 9.21 Time worked in excess of eight (8) hours in any one normal work day and; 9e22 Time worked on a sixth (6th) day following a normal work week. � 9.3 The rate of two (2) times the basic hourly rate shall be the overtime rate for work performed under the following circumstances: _ 9.31 Time worked on a holiday as defined in Article 16 - (HOLIDAYS); 9032 Time worked on a seventh (7th) day following a normal work week; and 9a33 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�). 9e4 For the purpose of calculating overtime compensation overtime hours worked shall not be "pyramided", compounded, or paid twice for the same hours worked> �,P. - 9 - i' 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 af ter an employee has completed a normal work day or normal work week. 10.2 Employees called back shall, receive a minimum of four (4) hours pay at the basic hourly rateo 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9 (OVERTIME), when applicabZe, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME) . �. _ _ _ _ .__ _ �. - 1(l - . ARTICLE XI - WORK LOCATION, RESIDENCY llel Employees shall report to w�rk location as assigned by a designated EMPLOYER supervisore During the normal work day employees may be assigned to other work locations at the discretion of the EMPLOYER. 11.2 Employees assigned to work locations during the normal work day, other than their original assignment, and who are required to furnish their own transportation shall be compensated for mileage. ll03 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 e�ployees as well as classified employeeso � 11.5 Applicants for positions in the City of Saint Paul will not be required to be residents of the City of Saint Paule 11.6 Employees failing to meet the residency requirement will be subject to terminati�n and a hearing process shall be established to determin� whether the residency requirement was meto � - 11 - . . _ ... .:: ..,. . ARTICLE XIi - WAGES 12.1 The basic hourly wage rates as established by Appendix C shaZl be � paid for all hours worked by an employee. 12.2 Employees who are covered by the fringe benefits listed below shall continue to be covered by such benefits. They shall be subject to all other provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRZNGE BENEFITS). 12021 Insurance benefits as established by City of Saint Paul Resolutionse 12.22 Sick Leave as established by Ordinance No. 3250, Section 35, Subdivision Ee 12.23 Vacation as established by Ordinance Noo 6446, Section 1, Subdivision Ho � 12.24 Nine (9) legal holidays as established by Ordinance No. 6446, Section 1, Subdividion Io 12.25 Severence benefits as established by Ordinance No. 11490 with a maximum payment of $4,OOOe � . - 12 - � �� ' ARTICLE XII - WAGES (continued) � 12e3 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 behalf as provided for by Article 13 (FRINGE BENEFITS). 12.5 All regular employees employed after February �.5, 1974, shall be considered, for the purpose of this AGREEMENT, participating employees � and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS). 12.5 A premium pay of si.xty cents (60�) per hour shall be paid for all swing stage work, such as any work performed from a boatswain's chair or a swing scaffold, twenty (20) feet or more above the ground. All standard safety laws shall be complied with. � - 13 - . ARTICLE XIII - FRINGE BENEFITS �... 13.1 The EMPLOYER shall make contributions on behalf of and/or make deductions from the wages of employees covered by this AGREEMENT � in accordance with Appendix D foz all hours woxked. � � - 14 - ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN � 14.1 The selection of personnel for the class of posi�ion of Foreman shall remain solely with the EMPLOYER. 14.2 The class of position of Foreman shall be filled by employees of the bargainiag unit on a "temporary assignment". 14.3 All "temporary assi�nments" shall be made only at the direction of a designated EMPLOYER supervisor. 14.4 Such "temporary assignmenCS" shall be made only in cases where the class of positions is vacant for more than one (1) normal work dayo � �. - 15 - ARTICLE XV - RETIREMENT � 15.1 All employees shall retire from employment with the EMPLOYER no later than the last calendar day of the month in which an employee becomes sixty-five (65) years old. � �, - 16 - • ARTICLE XVI - HOLIDA`IS �, 16.1 The following nine (9) days shall be designated as holidays: New Yearfs Day, January 1 President's Day, Third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Columbus Day, second Monday in October Veteran's Day, November 11 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 16.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 16.3 The nine (9) holidays shall be considered non-work days. 16.4 Zf, 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) . 1,6.5 Employees working on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 16.6 In ttce case of Board of Education employees, if Presidents' Day, Columbus Day, or Veterans' Day fall on a day when school is in session, the employees shall work that day at straight time and another day shal.l be designated as the holiday. This designated holiday shall be a day on which school is not in session and shall be detersnined by agreement between the employee and his supervisor. � - 17 - • ARTICLE XVII - DISCIPLINARY PROCEDURES � I7.1 The EMPLOYER shall have the right to impose disciplinary actions on employees for �ust cause. 17.2 Disciplinary actions by the EMPLOYER shall include only the following actions: 17.21 Oral reprimand. 17.22 Written reprimand. 17.23 Suspension. 17.24 Demotion. 17.25 Discharge. 17.3 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Board of Review. The Civil Service Commission, � or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or dischargeo No appeal of a suspension, demotion, or discharge shall be considered a "grievance" for the purpose of processing through the provisions of Article 23 (GRIEVANCE PROCEDURE). �. - 18 - ARTICLE XVIII - ABSENCES FROM WORK � 18.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor o€ such absence as soon as possible, but in no event later than the beginning of such work day. 18.2 Failure to make such notification may be ground for discipline as provided in Article 17 (DISCIPLINARY PROCEDURES). 18.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a "quit" by the EMPLOYER on the part of the employee. �.. �. - 19 - ARTICLE XIX - SENIORITY �, 19.1 Seniority, for the purposes of this AGREEMENT, shall be defined as follows: 19.11 "Master Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the last date of employment in any and a1�1 class titles covered by this AGREEMENT. � 19.12 "Class Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the date an employee was first appointed to a class title covered by this AGREEMENT. 19.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty � (3U) caleadar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment Co the unclassified service of the EMPLOYER or to an elected or appointed full-time position with the UNION, 19.3 Seniority shall terminate when an employee ret�ires, 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". Employees laid off shall have the right to reinstatement in any lower-paid class title, provided, employee has greater "Ma.ster Seniority" than the employee being replaced. � � 19.5 The selectior� of vacation periods shall be made by class title based an length of "Class Seniority", subject to the approval of the EMPLOYERo - 20 - ' ARTICLE XX - JURISDICTION � 20.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject to determination by the various unions representing employees of the EMPLOYERo 20.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 20.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the EMPLOYER shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of Che EMPLOYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict the EMPLOYER'S basic right to assign work. 20.4 Any emploqee refusing to perform work assigned by the EMPLOY�R and as � clarified by Sections 2002 and 20.3 above shall be subject to disciplinary action as provided in Article 17 (DISCIPLINARY PROCEDURES) . 20.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. � - 21 - ARTICLE XXI - SEPARATION � 21.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 21.11 Resignation. Employees resigning from employment shall give written not3ce fourteen (14) calendar days prior to the effective date of the resignatian. 21.12 Retirement. As provided in Article 15. 21.13 Discharge. As provided in Article 17. 21.14 Failure to Report for Duty. As provided in Article 180 21.2 Employees having an emergency, temporary, or provisional employmsnt atatus may be terminated at the discretion of the EMPLOYER before the completion of a normal work day. �:: � - 22 - � ARTICLE XXII - TOOLS (�� 22.1 All employees shall personally provfde ther�selves with the tools of the trade as listed in Appendix Ba � �. - 23 - • ARTIC?..E 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 whes so naa�edo 23.2 It is recogni.zed and accepted by the EMPLOYER and the UNION that the processing of grievances as hereinafter provided is liamited 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 the employee have notified and received the approval of their supervisor to be ab�ent to process a grievance and that such absence would not be detrimental to rhe work programs of the � EMPLOYER. 23.3 The procedure established by this ARTICLE shall be the so1.e 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 violatian of this AGREEMENT, the employee involved sYtall attempt to resolve the matter on an informa.l basis with the employee's supervisor. If the matter is not resolved � - 24 - � ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) � to the employee's satisfaction by the informal discussian it may be reduced to writing and referred to Step 2 by the UNION. The written grievance sha�l set forth th� nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. SetP 2. Within seven (7) calendar days after receiving the written � grievan�e a designated EMPLOYER supervisor shall meet with the UNION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UNION within three (3) calendar days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. �, - 25 - ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) � SteP 3o 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 rep�esentative 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 f after notice has been givene If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relation Board to submit a panel of five (5) arbitratorse Both the EMPLOYER and the � - 2b - � ARTICLE XXIII - GRIFVANCE PROCEDURE (continued) � UNION shall have the right to strike two (2) names from the panel. The UNION shall strike the first (lst) name; the EMPLOYER shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 23.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGRE�MENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submittedo The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or �: regulations having 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 extensione 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 sha11 be final and binding on the EMPLOYER, the UNION and the employees. �; - 27 - ' ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) ��. 23.b The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representative and witnesses. If either party 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 postponement 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. 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 �t 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-DISCRIMINATION � 25.1 The terms and conditians of this AGREEMENT wi11 be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, or because of inembership or non-�membership in the UNION. 25.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general publico � � - 30 - ARTICLE XXVI - SEVERABILITY � 26.1 In the event that any provision(s) of this AGREEMENT is declaxed to be contrary to law by proper legislative, administrative, or �udicial 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 effect. 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 jud.icial determination. � �. - 31 - • �TICLE XXVII - WAIVFR � 27e1 The EMPLOYER and the UI�ION acknowledge that during the meeting and negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment, The agreements and undarstandings reach�d 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 specif�cally covered or not specifically covered by this AGREEMENT. The UNION and EMPLOYER may, however, mutually agree � to modify any provision of this AGREEMENTo 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 h�ereby superseded. �_ - 32 - ' ARTICLE XXVIII - CITY MILEAGE PLAN �� 28.1 Automobile Reimbursement 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 witih one of the following plans: Type 1. For those officers and employees who are required to use their own automobiles occ.asionally for official City business, reim- bursement at the rate of 14 cents for each mile driven. TyPe 2. For those officers and employees who are required to use their own automobiles on a regular basis on City business, rei.mbursement at � the rate of $2050 for each day of work, and in addition thereto at the rate of 7.5 cents for each mile driven. 28.3 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating place of origin and destination and applicable mileage ratings thereat and indicating total miles driven, and shall file monthZy affidavits stating the number of days worked and the number of miles drivea�, and further required that they maintain automobile liability insurance in amounts not less than $100,000/300,000 for personal injury, and $50,000 for property damageo These rules and regulations, together with any amendments thereto, shall be maintained on file with the City Clerko �, - 33 - � ARTICLE XXZX- DURATION AND PLEDGE �� 29.1 This AGREEMEI3T shall become effective as of the date of signing, except as specifically provided otherwise in Articles I2 and 13, and shall remain in effect through the 31st day of May, 1979, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 29.20 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 AGREEMENT shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided, that the AGREEMENT may only be so terminated or modified effective as of the expiration date. � 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 �he means by thich grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the AGRE�MENT: z4.31 The UNION and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent themselved in whole or part from the full, faithful performance of their duties of employment. �,. - 34 - ARTICLE XXIX - DURATION AND PLEDGE 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 wi11 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 20thday of June , 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: CITY OF SAINT PAUL TWIN CITY GI�EIZIERS AND GLASS WORKERS LOCAL 1324 ./� `; � � . ',/ ` ,�.-�� La or elations D t Busin�ss Ma.nag �r Civil Service Commission - 35 - APPENDIX A � The classes of positions recognized by the �MPLOYER as being exclusively represented by the UNION are as follows: Glazier Apprentice and other classes of positions that may be established by the EMPLOYER where the duties and responsibilities assigned comes wi•thin the jurisdiction of the UNION. � � - Al - r � • ►�`� � /��J� 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 �une 1,1978 Glazier. . . . . . . . . . . . . . . . . $10.91 The basic hourly wage rate for temporary and emergency employees appointed to the following classes of positions shall be: Effective June 1,1978 Glazier. . . . . . . . . . . . . . . . . $10.85 Apprentice 0 - 6 months. . . . . . . . . . . 60y of Glazier rate 7 - 12 months. . . . . . . . . . . 65% of Glazier rate 13 - 18 months. . . . . . . . . . . 70Y of Glazier rate 19 - 24 months. . . . . . . . . . . 75% of Glazier rate _ . _ __ _. 25 - 30 months. . . . . . . . . . . 80X of Glazier rate 31 - 36 months. . . . . . . . . . . 90y of Glazier rate The basic hourly wage rate for regular employees appointed to the following classes of positions, who are receiving the Fringe Benefits listed in Article 12.2 shall be: Effective June 1,1978 Glazier. . . . . . . . . . . . . . . . . $ 9.60 A premium pay of sixty cents (60�) per hour shall be paid for all swing stage work, such as any work performed from a boatswain's chair or a swing scaffold, twenty (20) feet or more above the ground. Al1 standard safety laws shall be complied with. - C1 - . 9 � ` J A M��..�� A��ENDIX D Effective June 1, 1978, the EMPLOYER shall: (1) contribute $ .45 per hour for all hours warked by participating employees as de�ined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a UNION designated Health and Welfare Fund. (2) deduct $ .35 per hour for all hours worked from the earnings of participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT, and forward to a Vacation Fund. (3) contribute $ .O1 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 Journeyman and Apprenticeship Training Fund. (4) In addition to the above, in the case of Temporary and Emergency employees, the EMPLOYER shall contribute $ .50 per hour for all hours worked to a Pension Fund. All contributions ma.de in accordance with this Appendix shall be forwarded to depositories as directed by the UNION. The EMPLQYER shall establish Worl�an's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating empZoyees 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, 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 deducations established by this AGREEMENT. The actual leve� 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.