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01-193Council File # O1-�q Q� � � �'` � �: ' F1 t�R��b Presented Referred To Committee Date R�SOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 10369 � RESOLVED, that the Council of the City of Saint Paui hereby approves and ratifies the attached 2 2000 - 2003 Bmployment Agreement between Independent School District No. 625 and the International Brotherhood of Electrical Workers No. 110 to establish terms and conditions of employment. Requested by Departrnentof Office of Labor Relations g�� Form Ap 6ved by �ty A fiey �' �/ � o. G Adopted by Council: Date �v� t � \l� '�� Adoption Certified by Council Secretary B Y �� —� Approved by Mayor: Date I'w(/[�CY/C �� By' E;/1��f� �- �//�LL� Approved bX Iyfa ,ybr for Subm' sion to Council / 1/ By: �� DEPARTMENT/OFFICE/COUNCIL: DATE INiTTATED GREEN SHEET No.• 10369 a`_l �LABOR RELATIONS February Zl, 2001 ' CONTACT PERSON & PHONE: � INII7AL/DATE INITtALDpTE . NLIE KRAUS 266-6513 ASSIGN 1 DEPARTMENT D 4 CI1'Y COUNCIL iVU]ygEg 2 C1TY ATIORNE CITY CLERK MUST BE ON COLJNCII, AGENDA BY (DATE) FOR BUDGEC DiR. � � FIN. & MGT. SERVICE DIIt ROUTING 3 MAYOR (OR ASST.) ORDER ' TOTAL # OF SIGNATORE PAGES_I (CLIp ALL LOCAITONS FOR SIGNATURE) ncnox �QUesrsn: This resolution approves the attached 2000 - 2003 Employment Agreement between Independent School District No. 625 and the International Brotherhood of Electrical Workers No. 110 to establish terms and conditions of employment. RECOMIvIENDATTONS: Approve (A) or Reject (R) PERSONAI. SERVICE CON112AGTS MI7ST AMSWER 1'F1E FOLLOWING QUESTIONS: _PLANMNG COMMISSION _CML SERVICE COIvAdISSION 1. Has this person/fim� ever worked wder a contract for ffi�s depaztrnem? _CIB COMbII1TEE Yes No _STAFF 2. Has this penon/ficm ever been a city employee? D[SIRICT COURT Yes No SUPPORTS WHICH COt7NCIL OBIECTIVE? 3. Does this persoNfirtn possess a skill not normally possessed by any cuttent city employee? Yes No lain all yes answers on separate shee[ and attach to green sheet �r, INTTIATING PROBLEM, ISSUE, ( y '/ re, W hy): kt �4C> xA This Agreement pertains t 1 �- es only. � _-- ADVANTAGESIFAPPROVED� �-- --- DISADVANI'AGES IF APPROVED: DISADVANTAGES IF NOT APPROVED� � TOTALAMOUNTOF"I'RANSACI'ION: COST/REVENUEBUDGETED: Fi)ND1NG SOURCE: ACfIVITY N[JMBER: �° i� .e3a . v�g r Ls�YU;'�"a$ ��3&'sC.. .� . FINANCIAL INFORMATION: (EXPLAII� �� INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION O t� t� SAINT PAUL PUBLIC SCHOOLS DATE: August 15, 2000 TOPIC: Approval of an Empioyment Agreement With International Brotherhood of Electrical Workers, Local 110, to Estabiish Terms and Conditions of Empioyment for 2000-2003 A. PERTINENT FACTS: 1. New Agreement is for the three-year period May 1, 2000 through April 30, 2003. 2. Contract changes are as follows: Holidavs: Changed holiday language to provide uniformity with other district contracts. Waaes: Wage and benefit changes reflect prevailing wage for the industry. The third year will be a reopener for wages only. 3. The remaining language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has thirteen regular F.T.E. in this bargaining unit. 5. The maintenance of buiidings promotes a quality learning enviionment ihat supports the teaching target of preparing all students for life. 6. This request is submitted hy Sue Gutbrod, Negotiations/�abor Relations Assistant Manager; Wayne Arndt, Negotiations/Labor Relations Manager; Richard Kreyer, Executive Director of Human Resources and Labor Relations; and W iiliam Larson, Deputy Superintendent. 8. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of empioyment of those empioyees in this school district for whom international Brotherhood of Electrical Workers, Local 110, is the exclusive representative; duration of said Agreement is for the period of May 1, 2000 through April 30, 2003. 01-19� � u 0 • ARTICLE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. TITLE INDEX Preamble ..................................................................... ° °-° °--°-°, Purpose......-° ° ° ° ° °--°-°-- .................°-°--................................... Recognition ...............................................°-°--....--°°°°°°-°------ EmployerRights ........................................................................... Union Rights ................................................................................, Scope the Agreement .............................................................. Probationary Periods ................................................................... Philosophy of Employment and Compensation .......................... Hoursof Work ............................................................................. Overtime ..........................................................�•-•---.................... Call Back-� ................................................................................... WorkLocation ..................................................�--�--..................... Wages........................................................................................ Fringe Benefits ............................................................................ Selection of Lead Electrician, General Lead Electrician, Master Electrician, and Master Building Controls Electrician .....................•---......................................... Holidays...................................................................................... Discipiinary Procedures .............................................................. Absencesfrom Work .................................................................. Seniority ...................................................................................... Jurisdiction ..............................................................................�--- Separation from Empioyment ..................................................... Tools........................................................................................... Grievance Procedure .................................................................. Right of Subcontract ................................................................... Non-Discrim ination ...................................................................... S e ve ra b i I i ty .................................................................................. Waiver ......................................................................................... Mileage - Independent School District No. 625 ........................... MatemityLeave ........................................................................... Required Training ....................................................................... Duration and Pledge ................................................................... AppendixA ......................................................................... AppendixB ......................................................................... AppendixC .......................................................................�- AppendixD ..................................•--•--................................. AppendixE ......................................................................... PAGE ........ IV ........ 1 ........ 1 °--°-- 2 ..---... 2 ...-°-- 2 ........ 3 ........ 3 °--.... 4 ........ 5 ........ 6 ........ 6 ........ 6 ........ 7 ......... 7 ......... 8 ......... 9 ......... 9 ......... 10 ..---.... 11 ......... 11 _........ 11 ......... 12 ......... 14 ......... 14 ..---.... 14 .......... 15 ..---..... 15 .......... 16 .......... 16 .......... 17 .......... 20 .......... 21 .......... 22 .......... 25 .......... 27 � D/-/ 9 � � PREAMBLE This Agreement is entered into between Independent Schooi District No. 625, hereinafter refemed to as the Employer, and the intemational Brotherhood of Electricai Workers, Locat 1 i0, 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 Independent School District No. 625 for the benefit of the general pubiic 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 peopie at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individuai empioyees wili best serve the needs of the general public. • • iv 0 1-19�3 � ARTICLE 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1.1 Achieve orderly and peaceful reiations, thereby establishing a system of uninterrupted operations and the highest level of empioyee performance that is consistent with the safety and well-being of ail concerned; 1.1.2 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; 1.1.3 Establish procedures to orderly and peacefuliy resolve disputes as to the application or interpretation of this Agreement without loss of manpower productivity. 1.2 The Employer a�d the Union agree that this Agreement serves as a supplement to Iegislation that creates and directs the Employer. If any part of this Agreement is in confiict 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 25, Severabifity. ARTICLE 2. RECOGNITION • 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnel having an empioyment status of regular, probationary, and temporary employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 89-PR-2348 dated December 11, 1989. 22 The classes of posftio�s recognized as being exclusively represented by the Union are as listed in Appendix A. • o�-i � ARTlCLE 3. 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 rtot specifically limited by this Agreement. 3.2 Any "term or condition of employment' not established by this Agreement shall remain with the Empioyer to eliminate, modify or establish following written notification to the Union. ARTICLE 4. UNION RIGHTS 4.1 The Empioyer shaii deduct from the wages of empioyees 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 Urtion. 4.1.1 4.1 2 The Employer shali not deduct dues from the wages of employees covered by this Agreement for any other labor organization. The Union shail indemnify and save harmiess the Employer from any and all claims or charges made against the Employer as a resuit of the implementation of this Article. 42 The Union may designate one (1) employee from the bargaining unit in each department to act as a Steward and shali inform the Empioyer in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 22, Grievance Procedure. 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or his/her designated representative shall be permitted to enter the facilities of the Employer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF Ti-IE AGREEMEIVT 5.1 This Agreement established the `Yerms and conditions of empioyment' defined by Minnesota Statute § 1�9A.03, Subdivision 19, for aii empioyees exciusively represented by the Union. This Agreement shall supersede such "terms and conditions of employmenY' established by Civii Service Rule, Council Ordinance, and Council Resolution. � J � • o�-��3 � ARTICLE 6. PROBATIONARY PERIODS 6.1 All personnel, originaily hired or rehired following separation, in a regular empioyment status shall serve a six (6)-month probationary period during which time the employee's fitness and ability to perform the ciass of positions' duties and responsibilfties shall be evaluated. 6.1.1 At any time during the probationary period an empioyee may be terminated at the discretion of the Employer without appeal to the provisions of Article 22, Grievance Procedure. 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 62 AII personnei promoted to a higher class of positions shail serve a six (6) month promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibiiities shall be evaluated. 62.7 At any time during the promotional probationary period, an employee may be demoted to the employee's previously-held class of positions at the discretion of the Employer without appeal to the provisions of Article 22, Grievance Procedure. 62.2 An employee demoted during the promotional probationary period shail be returned to the employee's previously-heid class of positions and shall receive a written notice of the reason(s) for demotion, a copy of which shali be sent to • the Union. ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The Employer and the Union are in fuii agreement that the philosophy of employment and compensation shall be a`cash" hourly wage and "industr�' fringe benefit system. 72 The Employer shail compensate empioyees for ail hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Article 12, Wages and Fringe Benefits. 7.3 No other compensation or fringe benefit shali be accumulated or earned by an empioyee except as specifically provided for in this Agreement. • oi-i � ARTICLE 8. � 82 HOURS OF WORK The normal workday shall be eight (8) consecutive hours per day, excluding a thirry (30) minute unpaid lunch period. The normal work week shali be five (5) consecutive normal workdays in any seven (7) day period. 8.3 Shifts other than tfie regu(ar daytime shfft Monday through Friday may be established. Such shifts must be maintained for a period of at least one (1) work week. The second shift shall be a reguiarly-scheduled shift whieh follows a regularly-scheduled first shift of five (5) hours or greater. The third shift shall be a regularly-scheduled shift which folfows a regularly-scheduled second shift of five (5) hours or greater. � � For employees on a shift basis, this shall be construed to mean an average of forty (40) hours a week. This Section shali not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal work week. 8.6 An empioyee normaliy working on a particular shift may be transferred from that shift to another shift upon one week's notice; provided, however, that in the event of a vacancy, an employee may be assigned to another shift to fill such vacancy upon twenty-four (24) hours' notice_ � � All employees shali be at the work location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location untii the end of the estabfished workday unless othenvise directed by iheir supervisor. All employees are subject to call-back by the Empioyer as provided by Articie 10, Call Back. 8.9 Employees reporting for work at the established starting time and for whom no work is available shali receive pay for two (2) hours, at the basic hourly rate, uniess not'rfication has been given not to report for work prior to leaving home, or during the previous workday. 8.10 The employer shall be required to give no less than six and one-haif (6-1/2) hours notice, when an empioyee is to be laid off. 8.11 If an employee is required to work eleven (11) consecutive hours or more that involve scheduled overtime, the empioyee shall be ailowed to take a thirty (30) minute unpaid meal break. Such meal break will be taken within the first two (2) hours immediately foilowing the normat workday, as defined in S.1 of this Articfe. � � � � fll -12�3 • • ARTICLE 9. OVERTIME 9.1 All overtime compensated for by the Empioyer must receive prior authorization from a designated Employer supervisor. No overtime work claim wiil be honored for payment or credft uniess approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 92 The overtime rate of one and one-half (1-1/2) the basic hourly rate shall be paid for work performed under the foilowing circumstances: 92.1 92.2 9.3 � 9.5 Time worked in excess of eight (8) hours in any one normal workday, and Time worked on a sixth (6th) day following a normai work week. The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the following circumstances: 9.3.1 9.3.2 Time worked on a seventh (7th) day following a normal work week; and Time worked in excess of twelve (12) consecutive hours in a iweniy-fiour (24) hour period, provided that all "emergency' work required by "Acts of God° shall be compensated at the rate of one and one-haif (1-1/2). For the purpose of calculating overtime compensation, overtime hours worked shail not be "pyramided ° compounded or paid twice for the same hours worked. Overtime hours worked as provided by this Article shall be paid in cash or in compensatory time. The basis on which overtime shali be paid shall be determined solely by the Employer. Compensatory time off must be approved by the Employer. • c�i-/9� ARTICLE 10. CALL BACK 10.1 i 02 10.3 10.4 10.5 The Employer retains the right to ca11 back empioyees before an employee has started a normal workday or normal work week and after an employee has completed a normai workday or normal work week. Employees calted back sha(i receive a minimum of four (4) hours of pay at the basic houriy rate (equals 2.7 hours at time and a half). The hours worked based on a cali-back shall be compensated in accordance with Article 9, Overtime, when applicable, and subject to the minimum established by 102 above. Employees calied back four (4) hours or less prior to their normal workday shail complete the normal workday and be compensated only for the over[ime hours worked in accordance with Article 9, Overtime. Stand by: Any employee who is required to be availabie for emergency service work on weekends and holidays shall be guaranteed work or wages and fringes equivalent to: 40 minutes for Friday night 80 minutes for Satueday and Saturday night 80 minutes for Sunday and Sunday night or 80 minutes for any holiday and holiday night of such 24-hour shifts. All ofi the above shail be at time and one-haff (1-1l2) eate. If the empioyee is cailed in for work, the above time shail be part of, not in addition to, the time worked. ARTICLE 11. WORK LOCATION 11.1 Employees shall report to ihe work locations as assigned by a designated Empioyer supervisor. During the normal workday, employees may be assigned to other work locations ai the discretion of the Employer. 11.2 Employees assigned to work locations during the normai workday other than their original assignment, and who are required to fumish their own transportation, shall be compensated for mileage, as set torth in Article 27, Mileage. ARTICLE 12. WAGES 12.1 122 12.3 The basic hourly wage rates as established by Appendix C shall be paid for ail hours worked by an employee. Regular employees shall be compensated in aecordance 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. Temporary employees shail be compensated in accordance with Article 12.1, Wages, and have fringe benefit conCributions and/or deductions made in their behaifi as provided for by Article 13, Fringe Benefits. • � � �� R� • ARTICLE 13. FRINGE BENEFITS 13.1 The Employer shall make contributions on behalf of and/or make deductions from the wages of empioyees covered by this Agreement in accordance with Appendix D for all hours worked. 132 The Employer wiii for the period of this Agreement provide, for those employees who were "grancffathered' as eligibie for the Employe�s Heaith and Welfare Plan and who have retired since February 15, 1974, such heaith insurance premium contributions up to the same dollar amounts as are provided by the Employer at the date of early retirement and the cost ot premium contributions toward $5,000 Iife insurance coverage until such empioyees reach sixty-five (65) years of age. In order to be eligible for the premium contributions under the provision 13.2 and 13.3 the employee must: 132.1 Be receiving benefits from a public employee retiree act at the time of retirement. 13.22 Have severed the employment relationship with the City of Saint Paul and/or independent School Districi No. 625 under one of the early retiree plans. 13.2.3 Inform the Human Resource Department of independent Schooi District No. 625 and Personnel Office of the City of Saint Paui in writing within sixty (60) days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 13.3 An employee who retired at age sixty-five (65) or later and who met the crfteria in 13.2, or � for early retirees who qualified under 13.2 and have reached age sixty-five (65) after retirement the Empioyer will provide payment of premium for a Medicare supplement health coverage policy selected by the Employer. ARTICLE 14. SELECTION OF LEAD ELECTRICIAN, GENERAL LEAD ELECTRiC1AN, MASTER ELECTRICIAN, AND MASTER BUILDING CONTROLS ELECTRICIAN 14.1 The seiection of personnel for the ciass of positions General �ead EVectrician, Lead Electrician, Master Electrician, and Master Building Controls Electrician shail remain solely with the Employer. 142 The ciass of positions Master Electrician, and Master Building Controls Electrician shatl be filled by empioyees of the bargaining unit on a`�emporary 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) normai workday. � �! -/ �� ARTICLE 15. HOLIDAYS 15.1 The following nine (9) days shail be designated as holidays: New Yea�s Day Martin Luther King Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Day January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25 15.2 When New Year's Day, Independence Day or Christmas Day faiis on a Sunday, the following Monday shail be considered the designated holiday. When any of these three (3) holidays falis on a Saturday, the preceding Friday shail be considered the designated holiday. 15.3 The nine (9) holidays shall be considered non-workdays. 15.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, empioyees may be scheduled or "ca�fed back" in accordance with Articie 10, Cati Back. 15.5 Employees calied in to work on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 15.6 If Martin Luther King, Jr. Day or Presidents' Day falls on a day when schooi is in session, the employee shall work that day at straight time and another day shall be designated as the hoiiday. This designated holiday shali be a day determined by agreement between the employee and his supervisor. 15.7 If Martin Luther King Jr. Day, Presidents' Day or the Day After Thanksgiving falls on a day when school is not in session, that day will normally be an unpaid holiday. If the Empioyer schedules work on such days, employees wili be offered an opportunity to work that day at the straight-time rate and will not be required to take another day off to replace the hofiday. If the employee is cafled in on such day, they wi(f be called in accordance with Article 10 and paid as in 15.5. � � � 0 t�l-1 R� �J i ARTICLE 16. DISCIPLINARY PROCEDUftES 16.1 The Employer shall have the right to impose disciplinary actions on employees for just cause. 16.2 Disciplinary actions by the Employer shaii include oniy the following actions: �6.2.1 Oral reprimand; 16.22 Written reprimand; 16.2.3 Suspension; 16.2.4 Demotion; 162.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shall have the right to request that such actions be considered a°grievance" for the purpose of processing through the provisions of Article 22, Grievance Procedure); as an alternative option, such employee can request review by the Civil Service Commission or a designated Board of Review, consistent with Minnesota Statute § 179A20, Subd. 4. Once an empioyee, or the Union acting in the employee's behalf initiates review in one forum, the matter shall not be again reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. 16.4 From the time of a documented disciplinary action of an employee, if no further instances of documented discipline occur for twenty-four (24) months, the record of aii disciplinary action will not be referred to in future disciplinary matters. This does not include matters under Titie 7 and the Minnesota Human Rights Act. if multipie disciplinary actions have been taken over a period of time, as long as any one action is within twenty-four (24) months o( the most recent action, then afi events may be referred to in other discipiinary actions. ARTICLE 17. ABSENCES �ROM WORK 17.1 Employees who are unable to report for their normai workday have the responsibility to notify their supervisor of such absence as soon as possibie, but in no event later than the beginning of such workday. 172 17.3 �ailure to make such notitication may be grounds for discipline as provided in Article 18, Disciplinary Procedures. Failure to report for work without notification for three (3) consecutive normal workdays may be considered a`quit" by the Employer on the part of the employee. • D/-/ 9� ARTICLE 18. SENIORITY � 18.1 Seniority, for the purposes of this Agreement, shall be defined as follows: 18.1.1 "Master Seniorit�' - The length of continuous regular and probationary service with the Empfoyer from tfie last date of emp(oyment in any and al( ctass fifies covered by this Agreement. 18.12 "Cfass Seniorit�' - 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. 18.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granied because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 18.3 Seniority shaii terminate when an empioyee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer that it is necessary to reduce the workforce, empioyees will be laid off by class titie within each department based on inverse length of "Class Seniority." Recall from layoff shall be in inverse order of layoff, except that recaii rights shall expire after two years of layoff. 18.5 The selection of vacation periods shail be made in class title based on length of "Ciass Seniority," subject to the approval of the Employer. � • 10 or ��3 • ARTICLE 19. JURISDICTION 19.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of the Employer. 192 The Employer agrees to be guided in the assignment of work jurisdiction by any mutuai agreements between the unions involved. 19.3 In the event of a dispute conceming the pertormance or assignment of work, the unions involved and the Empioyer shall meet as soon as mutuaily possibie to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accompiish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clar'rfied by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article 16, Discipiinary Procedures. 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20. SEPARATION FROM EMPLOYMENT � 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 20.1.1 Resiqnation. Employees resig�ing from employmeM shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.1.2 Discharqe. As provided in Article 16. 20.1.3 Failure to Reoort for DuN. As provided for in Article 17. 202 Employees having a temporary employment status may be terminated at the discretion of the Employer before the completion of a norma{ workday. ARTICLE 21. TOOLS 21.1 Afi employees shall personally provide themselves with the toois of the trade as listed in Appendix E. • 11 ai-� %� ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shail recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shali notify the Employer in writing of the names of the Stewards and of their successors when so named. 222 It is recognized and accepted by the Empioyer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Sfeward 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 not'rfied and received the approval of their supervisor to be absent to process a grievance and that such absence woufd not be detrimentat to fhe work programs of the Empfoyer. 22.3 The procedure estabiished by this Article shall, except as previously noted in Article 16, Disciplinary Procedures, be the sole and exclusive procedure, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 22.4 Grievances shal! be resolved in conformance with the fo!lowing procedure: � Step 1. Upon the occurrence of an alleged violation of this Agreement, the empioyee involved shall attempt to resoive the matter on an informal basis with the employee's supervisor. If the matter is not resofved to the emp(oyee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shail 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 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 o( reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Steo2. Within seven (7) calendar days after rece"rving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resoive the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shali reply in writing to the Union within three �J} CaiQi�u'8i ua'y8 iiriivriiAy i �i}22:;:1y^. �:;B :.�:,30.^, .^.l2� rg�or (ho �rigYanGg i� 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 EmployePs answer shall be considered waived. • 12 �l-193 � ARTICLE 22. GRIEVANCE PROCEDURE (continued) Steo 3. Within seven (7) calendar days foilowing 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 shaii reply in writing to the Union stating the Employe�'s answer conceming the grievance. if, as a resutt of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by ihe Union to Step 4 within seven (7) catendar days following receipt of the Empioyer's answer shall be considered waived. Step 4. If the grievance remains unresoived, 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 Empioyer and the Union within seven (7) calendar days after notice has been given. If the parties faii to mutuaily agree upon an arbitrator within the said seven (7)- day period either party may request the Bureau of Mediation Services to submit a panel of five (5) arbftrators. Both the Empioyer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, nuilify, ignore, add to or subtract from the provisions of this Agreement. 'fhe arbitrator sha{I 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 arbftrator shall be � without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of iaws, rules or regulations having the force and effect of law. The arbitrato�'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 shail 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 empioyees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be bome equally by the Employer and the Union, provided that each party shali be responsible for compensating its own representative and witnesses. If efther party cancels an arbitration hearing or asks for a last-minute postponement that leads to the arbitrator's making a charge, the canceiing party or the party asking for the postponemerrt shafl pay this charge. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutuai agreemeni of the Employer and the Union. • 13 oi-� 9� ARTICLE 23. RIGHT OF SUBCONTRACT 23.1 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 workforce covered by this Agreement, the Employer shall give the Union a ninety (90)- calendar day notice of the intention to subcontract. 232 The subcontracting of work done by the empioyees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NON-DISCRIMINATION 24.1 The terms and conditions of this Agreement will be applied to empioyees 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. � 24.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the generai pubiic. ARTICLE 25. SEVERABILITY � 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative or 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 effect. 252 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. • 14 0�-�93 � ARTICLE 26. WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resutted in this Agreement, each had the right and opportunity to make proposals wdh respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by fhe parties after the exercise of this right are fully and compietety set forth in this Agreement. 262 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shail not be obligated to meet and negotiate over any term or conditions of employment whether spec"rfically covered or not specificatiy covered by this Agreement. The Union and Employer may, however, mutuaily agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of empioyment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 27. MILEAGE - INDEPENDENT SCHOOL DISTRICT NO. 625 27.1 Employees of the School District, under policy adopted by the Board Education, may be reimbursed for the use of their automobiles for school business. The mileage ailowance for eligible employees shall be 31 � per mile, or such higher rate as may be established at � the discretion of the Board. An employee must keep a record of each trip made. Reimbursement shall be for the actual mileage driven in the performance of assigned duties as verified by the appropriate schooi district administrator and in accordance with School District Business Office policies and procedures. • 15 oi-/9.,� ARTICLE 28. MATERNITY LEAVE � 28.1 Matemitv Leave. Matemity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as detertnined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the empioyee may apply for leave without pay at any time during the period stated above and the employer may approve such leave at its option, and such ieave may be no longer than one (1) year. ARTICLE 29. REQUIRED TRAfN1NG 29.1 If the District requires and in writing directs an employee to attend spec'rfied training or educational classes outside the normal workday, the employee shall be paid for the hours actually spent in attendance at such classes, at the basic hourly pay rate. The employee wiil be required to provide ver'rfication of actuai attendance and satisfactory completion of the training unit, or series. Training taken at the employee's option will not qualify for pay under this provision. � • 16 o / -1 93 � • ARTICLE 30. DURATION AND PLEt7GE 30.1 302 This Agreement shaii become effective as of May 1, 2000, and shali remain in effect through the 30t1i day ot April, 2003, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 302. H either party desires to tertninate or modify this Agreement effective as of the date of expiration, the party xrishing to modify or terminate the Agreement shaii give written notice to the other party, not more than ninety (90) or less than sixty (60) caiendar days prior to the expiration date, provided that the Agreement may onfy be so tertninated or modified affective as of tha expiration date. 30.3 In consideration of the terms and conditions of employment estabiished by this Agreement and ihe rer,ognition that the Grievance Procedure herein established is the means by which grievances conceming its appiication or interpretation may be peacefully resolved, the parties hereby pledge that during the tertn of the Agreement 30.3.1 30.32 30.3.3 The Union and the employees will not engage in, instigate or condone any concerted action in which employees faii to report for duty, wilHully absent themseives from work, stop work, siow down their work or absent themselves in whole or part from the full, faithfui performance ot their duties of empfoyment. The Employer will not engage in, instigate or condone any lockout of employees. This constitutes a tentative Agreement batween the paRies which wi44 be recommended by the Negotiations/Labor Relations Manager, but is subject to the approval of the Board of Education and is also subject to ratification by the Union. 7he parties agree and attest that this Agreement represents the fuii and complete understanding of the parties for the period of time herein spec'rfied by the signature of the following representatives for the Employer and the Union. W ITNESSES: INDEPENDENT SCHOO� DISTRICT NO. 625 � Chair, Be rd of Education Manager BROT4iERHOOD OF RI�ERS, l CAL 110 � �� Date . Assistant ana er ��/ V� Date 17 e / -/ 9�3 � Appendices � � 19 oi-�9� APPENDIX A follows: The classes of positions recognized as being exciusively represented by the Union are as Generai Lead Electrician Lead Electrician Masier Electrician Master Building Controls Electrician Electrician Building Controls Electrician Apprentice Electrician and other classes of positions that may be established by the Employer where the scope of the work duties and responsibilities assigned comes within the jurisdiction of the Union. � � • 20 ot -�93 • APPENDIX B For ail normai work weeks established pursuant to the provisions of Article 8 of this contract, which includes Sunday, the foliowing provisions shall apply and govem: 1. Aii regular electricians empioyed prior to January 1, 1976, shali be offered assignment to the work week on a seniority basis, and alI such employees shall have the right to refuse assignment to the work week. This reSusal is subjeet to the prov+sions listed below. 2. Afi regular eleetricians employed subsequent to January 1, 1976, may be assigned to vacancies in this workweek. 3. All regular electricians shal{ have the right to bid on and obtain assignment of a position occupied by an electrician with lesser class seniority within thirty (30) calendar days from the date that said position was last filled. 4. Any regular electrician may be assigned, on a temporary basis, to the work week to replace an electrician who is absent because of vacation, iilness, paid military leave, jury duty or any other {eave acceptab{e to both parties. These temporary assignments shali be made on the basis of seniority and in no instance shall any one employee be required to work on such temporary basis for more than fifteen (15) workdays or the total temporary assignment to exceed ninety (90) workdays. � • 21 O/-/ I�3 APPENDIX C C1. The total hourly cost to the Employer for wages plus any and ail contributions or deductions stated in Appendix D of this Agreement shall not exceed the following amounts: Electrician Buiiding Control Electrician �ead Electrician Master Eiectrician Master Buildirtg Conirols - Electrician General Lead Electrician Effective 4/22/00 $39.37 39.37 41.69 41.69 41.69 42.85 Effective 5/4/01 $41.57 41.57 43.89 43.89 Effective 5/3/02 �� .. .� 43.89 `� 45.05 �� C2. The totai taxable hourly rate including wages and the vacation contribution in Appendix D and excluding aii other benefit costs and obiigations in Appendix D, for regular and probationary empioyees appointed to the following classes of positions and who are not covered by the Employer's benefit package described in Article 122 shali be as foilows: Electrician Building Control Electrician Lead Electrician Master Electrician Master Building Controls - Electrician General Lead Electrician Effective 4/22l00 $29.35 29.35 31.50 31.50 , ., �. KY�.�;' Effective 5/4/01 + � : . : � Effective 5/3/02 �. �: .� �� :. :. � Note: The May 4, 200�, houriy rates in Appendices G2 shall be determined at a later date basetl on the allocation agreed to by the Employer and the Union of the May 4, 2001, tot21 hourly cost siated in Appendix C-1. �'� Note: The May 3, 2002, hourly rates in Appendices Ct, C2, C2A and C3 shaii be detertnined at a later date based on the allocation agreed to by the Employer and the Union of the May 3, 2002, total hourly cost detertnined for the third year wage re-opener. � � • 22 p / -/93 � • APPENDIX C (continued) C2A. The basic hourly wage rates in this Appendix (C2A) are for comaensation anal sis purposes oniv. These figures represent the portion of the Appendix C7 rates above spec'rficaily allocated to wages. These rates do NOT include taxable contributions and therefore shoutd NOT be used for taxabie payrolt calculations. See Appendix C2 above for total taxable payroll information. Effective Effective Effective 4/22/00 5/4/01 5/3/02 Electrician Buiiding Control EleCtrician Lead Electrician Master Electrician Master Building Controis - Electrician General Lead Electrician $25.97 25.97 27.88 27.88 27.88 28.83 : .. : �. : .: > .: . :. * .. C3. The total taxable hourly rate inciuding wages and the vacation contribution in Appendix D for temporary employees appointed to the foilowing classes of positions shall be: Eftective Effective Effective 4/22/00 5/4/01 5/3/02 Electrician $30.83 ` �� Building Control Electrician Lead E(ectrician Master Electrician Master Building Gontrols - Electrician General Lead Electrician 30.83 33.09 33.09 33.09 34.22 � �. � �� .. , .. . �� If a temporary employee working in a title listed in this Appendix C3 becomes subject to the requirements of the Public Employees Retirement Act (PERA), which thereby requires the Employer to make contributions to PERA, the calculated houriy base rate may change so the EmployePs cost does not exceed the amounts listed in Ci above. Genera( �ead Electrician-In-Gharae Premium: For those employees assigned to perform the function of General Lead Electrician-in-Charge, including supervising other Lead Electricians, overseeing projects and providing scheduling and direction, the rate of pay will be equivaient to the applicabte rate shown for Generat �ead ElectriCian in Appendix C1, C2, G2A or C3. Benefits will be as shown in Appendix D. �Note: The May 4, 2001, hourly rates in Appendices C-2A shall be detertnined at a iater date based on the allocation a9reed to by the Employer and the Union of the May 4, 2001, total hourly cosi stated in Appendi�c C-t. � �� Note: The May 3, 2002, houAy rates in Appendices Ct, C2, G2A and C3 shali be determined at a later date based on the allocation agreed to by the Employer and the Union of the May 3, 2002, total houdy cost tletermined for the third year wage re-opener. 23 oi-/9,� APPENDIX C (continued) C4. The basic hourly wage rates for the Appreniice class of pasitions: This Section is held open for the addition of appropriate Apprentice rates according to the St. Paul All-Chapter NECA and IBEW Local 110 in the event the Empioyer initiates the employment of Apprentices. C5. General items If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the rates in Appendix C, Sections C2 through C4 in such a way that the total cost of the package (wage rate plus contributions) remains constant and does not exceed the amounts shown in Appendix C, Section C1. The total cost to the Employer for compensation (wages and fringes) received by employees covered by this Agreement shaii be equivalent in money to the total package paid by the employer to employees in comparable classifications in the Agreement between Local 110 and the National Electrical Contractors Association (NECA). in the event Local 110 and NECA amend their bargaining agreement to provide for either a wage or benefit freeze or reduction during the period of this Agreement, such freeze or reduction shall be immediatety applicable to the total compensation paid to employees covered by this Agreement. The totai package cost shall exciude any costs of payments made for industry promotion andlor advertisement or any other purposes not direcily and clearly beneficial to the public empioyer. Shift Differential For employees who work on a regularly-assigned shift beginning earlier than 6:00 a.m. or ending later than 6:00 p.m., provided that at least five (5) hours of the shift are worked between the hours of 6:00 p.m. and 6:00 a.m., there shail be paid a night differential for the entire shift. For employees who work on a regularly-assigned shift beginning eariier than 6:00 a.m. or ending tater than 6:00 p.m., but less than five (5) hours of the shift are worked between the hours of 6:00 p.m. and 6:00 a.m., there shall be pafd a night differential for the hours worked befween fhe hours of 6:00 p.m. and 6:00 a.m. The night differential shall be 5% of the base rate, and shall be paid oniy for those night shifts actually worked. � • . 24 D l ! 93 � APPENDIX D Effective Aprii 22, 2000, the Employer shaii forvvard the amounts designated in this Append'a D for empioyees covered by this Agreement to deQositories as directed by the Union and agreed to by the Employer: (1a) For regular emp(oyees, l3% of the Appendix C2A wages only rate per hour for all hours worked from which ail appropriate payroll deductions have been made to a Union-designated Vacation Fund. (1b) For temporary employees, 13% of the Appendix C3 rate per hour for all hours worked from which ail appropriate payroll deductions have been made to a Union- designated Vacation Fund. • • �2) (3) (4) (5) (6a) (6b) (�) ($1 $3.38 per hour for aii hours worked to a Union-designated Health and Welfare Fund. $1.43 per hour for ail hours worked to a Union-designated Pension Fund. $1.40 per hour for ali hours worked to a Union-designated Annuitv Fund. $1.05 per hour for all hours worked to a Union-designated Reserve Trust Fund. For regular employees, 3% of the Appendix C-2A wages only rate per hour for all hours worked to a Union-designated National Emplovees Benefit Fund (N.E.B.F.1. For temporary empioyees, 3% of the Appendix C-3 rate per hour for all hours worked to a Union-designated National Emplovees Benefit Fund (N.E.B.F.1. $.iQ per hour for ail hours worked to a Union-designated Labor Manaaement Cooperative Committee Fund. $.36 per hour for all hours worked to a Uniorndesignated A�renticeshio Fund. 2s �/-/ 9� APPENDIX D (continued) For aII employees, the Employer shail make legally established non-negotiated pension � contributions for all appropriate empioyees to PERA. Changes in the mandated PERA rate may change the calculated hourly base rate of pay so the Empioye�'s cost does not exceed the amounts listed in C1 above. For all empioyees, the Empioyer shali deduct the empioyee's FICA withholdings as appropriate from totai taxabie wages as required. The Employer shall deduct the employee's appropriate Federal and State income tax wtthholdings, PERA deductions, and any other Iegally established obligation as required from all rates established in Append�c C except for rates in C2A, which are not used for payroll purposes. All contributions made in accordance with this Appendix D shall be deducted from and are not in addition to the amounts shown in Appendix C1. The Appendix D amounts shall be forwarded to depositories as directed by the Union and agreed to by the Empioyer. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Employees covered by this Agreement shall not be eiigible for, govemed by or accumulate vacation, sick leave, holiday, funeral leave, jury duty or insurance fringe benefits that are or may be established by Personnei Rules, Councii Ordinance or Council Resoiutions. The EmployePs fringe benefit obiigation to employees is limited to the contributions andlor deductions established by this Agreement. The actual levei of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Empioyer has forwarded contributions and/or deductions. • � Z6 p i / �3 • APPENDIX E - REQUIRED TOOLS Pocket Tool Pouch and Bett 6' Rule 9" or 10" Aluminum Level 8° Side Cutters Crimping Tooi 10" Crescent Wrench Combination of Box-Open-End W renches 3/8" - 3/4" Socket Set of Equivalent Sizes Cold Chisel and Center Punch Taps 6/32 - 8/32 - 10/32 - 10/24 -'- /20 Drills - In Accordance With Tap sizes 9/32 and 3/8 Tap Wrench File Rasp 12" 1/2 Round and Rat-Tail Hack Saw 12" blade Screwdrivers 4" - 8" - 12" Reg. Slot and 4" and 6" Phillips Flashiight Tester, 600 v. Solenoid Type Combination Square Knife Long-Nose Piiers Diagonai-Cutting Pliers 2 pair Channel Locks AI{en Wrenches Hammer, Ball Peen Scratch Awl • Fuse Puller 25' Steei Tape Measure Chalk-Line Piumb Bob and Line Wire Stripper for standard wire sizes Tool Box to hoid the above tools The Employer shall furnish ait other necessary tools or equipment. Empioyees wili be responsible for tools or equipment issued to them, providing the Employer furnishes the necessary lockers, °gang box° or other safe place for storage. The Employer shall be responsible for checking to see that employees possess the tools specified above in proper working order. Replacement ciaims wilf be honored only for acceptabie tools checked by the Employer. The Employer shai{ replace with simi4ar tools of equai value and quality any of the above- listed tools which are turned in by a regularly appointed employee which are no longer serviceable because of wear or breakage. The Employer shali replace with similar tools of equal value and quality any of the above- listed tools which are turned in by a temporary appointed employee which are no longer serviceabie because of wear or breakage providing the employee has been employed for nine (9) continuous months or more. � 27 Council File # O1-�q Q� � � �'` � �: ' F1 t�R��b Presented Referred To Committee Date R�SOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 10369 � RESOLVED, that the Council of the City of Saint Paui hereby approves and ratifies the attached 2 2000 - 2003 Bmployment Agreement between Independent School District No. 625 and the International Brotherhood of Electrical Workers No. 110 to establish terms and conditions of employment. Requested by Departrnentof Office of Labor Relations g�� Form Ap 6ved by �ty A fiey �' �/ � o. G Adopted by Council: Date �v� t � \l� '�� Adoption Certified by Council Secretary B Y �� —� Approved by Mayor: Date I'w(/[�CY/C �� By' E;/1��f� �- �//�LL� Approved bX Iyfa ,ybr for Subm' sion to Council / 1/ By: �� DEPARTMENT/OFFICE/COUNCIL: DATE INiTTATED GREEN SHEET No.• 10369 a`_l �LABOR RELATIONS February Zl, 2001 ' CONTACT PERSON & PHONE: � INII7AL/DATE INITtALDpTE . NLIE KRAUS 266-6513 ASSIGN 1 DEPARTMENT D 4 CI1'Y COUNCIL iVU]ygEg 2 C1TY ATIORNE CITY CLERK MUST BE ON COLJNCII, AGENDA BY (DATE) FOR BUDGEC DiR. � � FIN. & MGT. SERVICE DIIt ROUTING 3 MAYOR (OR ASST.) ORDER ' TOTAL # OF SIGNATORE PAGES_I (CLIp ALL LOCAITONS FOR SIGNATURE) ncnox �QUesrsn: This resolution approves the attached 2000 - 2003 Employment Agreement between Independent School District No. 625 and the International Brotherhood of Electrical Workers No. 110 to establish terms and conditions of employment. RECOMIvIENDATTONS: Approve (A) or Reject (R) PERSONAI. SERVICE CON112AGTS MI7ST AMSWER 1'F1E FOLLOWING QUESTIONS: _PLANMNG COMMISSION _CML SERVICE COIvAdISSION 1. Has this person/fim� ever worked wder a contract for ffi�s depaztrnem? _CIB COMbII1TEE Yes No _STAFF 2. Has this penon/ficm ever been a city employee? D[SIRICT COURT Yes No SUPPORTS WHICH COt7NCIL OBIECTIVE? 3. Does this persoNfirtn possess a skill not normally possessed by any cuttent city employee? Yes No lain all yes answers on separate shee[ and attach to green sheet �r, INTTIATING PROBLEM, ISSUE, ( y '/ re, W hy): kt �4C> xA This Agreement pertains t 1 �- es only. � _-- ADVANTAGESIFAPPROVED� �-- --- DISADVANI'AGES IF APPROVED: DISADVANTAGES IF NOT APPROVED� � TOTALAMOUNTOF"I'RANSACI'ION: COST/REVENUEBUDGETED: Fi)ND1NG SOURCE: ACfIVITY N[JMBER: �° i� .e3a . v�g r Ls�YU;'�"a$ ��3&'sC.. .� . FINANCIAL INFORMATION: (EXPLAII� �� INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION O t� t� SAINT PAUL PUBLIC SCHOOLS DATE: August 15, 2000 TOPIC: Approval of an Empioyment Agreement With International Brotherhood of Electrical Workers, Local 110, to Estabiish Terms and Conditions of Empioyment for 2000-2003 A. PERTINENT FACTS: 1. New Agreement is for the three-year period May 1, 2000 through April 30, 2003. 2. Contract changes are as follows: Holidavs: Changed holiday language to provide uniformity with other district contracts. Waaes: Wage and benefit changes reflect prevailing wage for the industry. The third year will be a reopener for wages only. 3. The remaining language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has thirteen regular F.T.E. in this bargaining unit. 5. The maintenance of buiidings promotes a quality learning enviionment ihat supports the teaching target of preparing all students for life. 6. This request is submitted hy Sue Gutbrod, Negotiations/�abor Relations Assistant Manager; Wayne Arndt, Negotiations/Labor Relations Manager; Richard Kreyer, Executive Director of Human Resources and Labor Relations; and W iiliam Larson, Deputy Superintendent. 8. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of empioyment of those empioyees in this school district for whom international Brotherhood of Electrical Workers, Local 110, is the exclusive representative; duration of said Agreement is for the period of May 1, 2000 through April 30, 2003. 01-19� � u 0 • ARTICLE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. TITLE INDEX Preamble ..................................................................... ° °-° °--°-°, Purpose......-° ° ° ° ° °--°-°-- .................°-°--................................... Recognition ...............................................°-°--....--°°°°°°-°------ EmployerRights ........................................................................... Union Rights ................................................................................, Scope the Agreement .............................................................. Probationary Periods ................................................................... Philosophy of Employment and Compensation .......................... Hoursof Work ............................................................................. Overtime ..........................................................�•-•---.................... Call Back-� ................................................................................... WorkLocation ..................................................�--�--..................... Wages........................................................................................ Fringe Benefits ............................................................................ Selection of Lead Electrician, General Lead Electrician, Master Electrician, and Master Building Controls Electrician .....................•---......................................... Holidays...................................................................................... Discipiinary Procedures .............................................................. Absencesfrom Work .................................................................. Seniority ...................................................................................... Jurisdiction ..............................................................................�--- Separation from Empioyment ..................................................... Tools........................................................................................... Grievance Procedure .................................................................. Right of Subcontract ................................................................... Non-Discrim ination ...................................................................... S e ve ra b i I i ty .................................................................................. Waiver ......................................................................................... Mileage - Independent School District No. 625 ........................... MatemityLeave ........................................................................... Required Training ....................................................................... Duration and Pledge ................................................................... AppendixA ......................................................................... AppendixB ......................................................................... AppendixC .......................................................................�- AppendixD ..................................•--•--................................. AppendixE ......................................................................... PAGE ........ IV ........ 1 ........ 1 °--°-- 2 ..---... 2 ...-°-- 2 ........ 3 ........ 3 °--.... 4 ........ 5 ........ 6 ........ 6 ........ 6 ........ 7 ......... 7 ......... 8 ......... 9 ......... 9 ......... 10 ..---.... 11 ......... 11 _........ 11 ......... 12 ......... 14 ......... 14 ..---.... 14 .......... 15 ..---..... 15 .......... 16 .......... 16 .......... 17 .......... 20 .......... 21 .......... 22 .......... 25 .......... 27 � D/-/ 9 � � PREAMBLE This Agreement is entered into between Independent Schooi District No. 625, hereinafter refemed to as the Employer, and the intemational Brotherhood of Electricai Workers, Locat 1 i0, 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 Independent School District No. 625 for the benefit of the general pubiic 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 peopie at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individuai empioyees wili best serve the needs of the general public. • • iv 0 1-19�3 � ARTICLE 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1.1 Achieve orderly and peaceful reiations, thereby establishing a system of uninterrupted operations and the highest level of empioyee performance that is consistent with the safety and well-being of ail concerned; 1.1.2 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; 1.1.3 Establish procedures to orderly and peacefuliy resolve disputes as to the application or interpretation of this Agreement without loss of manpower productivity. 1.2 The Employer a�d the Union agree that this Agreement serves as a supplement to Iegislation that creates and directs the Employer. If any part of this Agreement is in confiict 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 25, Severabifity. ARTICLE 2. RECOGNITION • 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnel having an empioyment status of regular, probationary, and temporary employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 89-PR-2348 dated December 11, 1989. 22 The classes of posftio�s recognized as being exclusively represented by the Union are as listed in Appendix A. • o�-i � ARTlCLE 3. 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 rtot specifically limited by this Agreement. 3.2 Any "term or condition of employment' not established by this Agreement shall remain with the Empioyer to eliminate, modify or establish following written notification to the Union. ARTICLE 4. UNION RIGHTS 4.1 The Empioyer shaii deduct from the wages of empioyees 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 Urtion. 4.1.1 4.1 2 The Employer shali not deduct dues from the wages of employees covered by this Agreement for any other labor organization. The Union shail indemnify and save harmiess the Employer from any and all claims or charges made against the Employer as a resuit of the implementation of this Article. 42 The Union may designate one (1) employee from the bargaining unit in each department to act as a Steward and shali inform the Empioyer in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 22, Grievance Procedure. 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or his/her designated representative shall be permitted to enter the facilities of the Employer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF Ti-IE AGREEMEIVT 5.1 This Agreement established the `Yerms and conditions of empioyment' defined by Minnesota Statute § 1�9A.03, Subdivision 19, for aii empioyees exciusively represented by the Union. This Agreement shall supersede such "terms and conditions of employmenY' established by Civii Service Rule, Council Ordinance, and Council Resolution. � J � • o�-��3 � ARTICLE 6. PROBATIONARY PERIODS 6.1 All personnel, originaily hired or rehired following separation, in a regular empioyment status shall serve a six (6)-month probationary period during which time the employee's fitness and ability to perform the ciass of positions' duties and responsibilfties shall be evaluated. 6.1.1 At any time during the probationary period an empioyee may be terminated at the discretion of the Employer without appeal to the provisions of Article 22, Grievance Procedure. 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 62 AII personnei promoted to a higher class of positions shail serve a six (6) month promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibiiities shall be evaluated. 62.7 At any time during the promotional probationary period, an employee may be demoted to the employee's previously-held class of positions at the discretion of the Employer without appeal to the provisions of Article 22, Grievance Procedure. 62.2 An employee demoted during the promotional probationary period shail be returned to the employee's previously-heid class of positions and shall receive a written notice of the reason(s) for demotion, a copy of which shali be sent to • the Union. ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The Employer and the Union are in fuii agreement that the philosophy of employment and compensation shall be a`cash" hourly wage and "industr�' fringe benefit system. 72 The Employer shail compensate empioyees for ail hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Article 12, Wages and Fringe Benefits. 7.3 No other compensation or fringe benefit shali be accumulated or earned by an empioyee except as specifically provided for in this Agreement. • oi-i � ARTICLE 8. � 82 HOURS OF WORK The normal workday shall be eight (8) consecutive hours per day, excluding a thirry (30) minute unpaid lunch period. The normal work week shali be five (5) consecutive normal workdays in any seven (7) day period. 8.3 Shifts other than tfie regu(ar daytime shfft Monday through Friday may be established. Such shifts must be maintained for a period of at least one (1) work week. The second shift shall be a reguiarly-scheduled shift whieh follows a regularly-scheduled first shift of five (5) hours or greater. The third shift shall be a regularly-scheduled shift which folfows a regularly-scheduled second shift of five (5) hours or greater. � � For employees on a shift basis, this shall be construed to mean an average of forty (40) hours a week. This Section shali not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal work week. 8.6 An empioyee normaliy working on a particular shift may be transferred from that shift to another shift upon one week's notice; provided, however, that in the event of a vacancy, an employee may be assigned to another shift to fill such vacancy upon twenty-four (24) hours' notice_ � � All employees shali be at the work location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location untii the end of the estabfished workday unless othenvise directed by iheir supervisor. All employees are subject to call-back by the Empioyer as provided by Articie 10, Call Back. 8.9 Employees reporting for work at the established starting time and for whom no work is available shali receive pay for two (2) hours, at the basic hourly rate, uniess not'rfication has been given not to report for work prior to leaving home, or during the previous workday. 8.10 The employer shall be required to give no less than six and one-haif (6-1/2) hours notice, when an empioyee is to be laid off. 8.11 If an employee is required to work eleven (11) consecutive hours or more that involve scheduled overtime, the empioyee shall be ailowed to take a thirty (30) minute unpaid meal break. Such meal break will be taken within the first two (2) hours immediately foilowing the normat workday, as defined in S.1 of this Articfe. � � � � fll -12�3 • • ARTICLE 9. OVERTIME 9.1 All overtime compensated for by the Empioyer must receive prior authorization from a designated Employer supervisor. No overtime work claim wiil be honored for payment or credft uniess approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 92 The overtime rate of one and one-half (1-1/2) the basic hourly rate shall be paid for work performed under the foilowing circumstances: 92.1 92.2 9.3 � 9.5 Time worked in excess of eight (8) hours in any one normal workday, and Time worked on a sixth (6th) day following a normai work week. The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the following circumstances: 9.3.1 9.3.2 Time worked on a seventh (7th) day following a normal work week; and Time worked in excess of twelve (12) consecutive hours in a iweniy-fiour (24) hour period, provided that all "emergency' work required by "Acts of God° shall be compensated at the rate of one and one-haif (1-1/2). For the purpose of calculating overtime compensation, overtime hours worked shail not be "pyramided ° compounded or paid twice for the same hours worked. Overtime hours worked as provided by this Article shall be paid in cash or in compensatory time. The basis on which overtime shali be paid shall be determined solely by the Employer. Compensatory time off must be approved by the Employer. • c�i-/9� ARTICLE 10. CALL BACK 10.1 i 02 10.3 10.4 10.5 The Employer retains the right to ca11 back empioyees before an employee has started a normal workday or normal work week and after an employee has completed a normai workday or normal work week. Employees calted back sha(i receive a minimum of four (4) hours of pay at the basic houriy rate (equals 2.7 hours at time and a half). The hours worked based on a cali-back shall be compensated in accordance with Article 9, Overtime, when applicable, and subject to the minimum established by 102 above. Employees calied back four (4) hours or less prior to their normal workday shail complete the normal workday and be compensated only for the over[ime hours worked in accordance with Article 9, Overtime. Stand by: Any employee who is required to be availabie for emergency service work on weekends and holidays shall be guaranteed work or wages and fringes equivalent to: 40 minutes for Friday night 80 minutes for Satueday and Saturday night 80 minutes for Sunday and Sunday night or 80 minutes for any holiday and holiday night of such 24-hour shifts. All ofi the above shail be at time and one-haff (1-1l2) eate. If the empioyee is cailed in for work, the above time shail be part of, not in addition to, the time worked. ARTICLE 11. WORK LOCATION 11.1 Employees shall report to ihe work locations as assigned by a designated Empioyer supervisor. During the normal workday, employees may be assigned to other work locations ai the discretion of the Employer. 11.2 Employees assigned to work locations during the normai workday other than their original assignment, and who are required to fumish their own transportation, shall be compensated for mileage, as set torth in Article 27, Mileage. ARTICLE 12. WAGES 12.1 122 12.3 The basic hourly wage rates as established by Appendix C shall be paid for ail hours worked by an employee. Regular employees shall be compensated in aecordance 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. Temporary employees shail be compensated in accordance with Article 12.1, Wages, and have fringe benefit conCributions and/or deductions made in their behaifi as provided for by Article 13, Fringe Benefits. • � � �� R� • ARTICLE 13. FRINGE BENEFITS 13.1 The Employer shall make contributions on behalf of and/or make deductions from the wages of empioyees covered by this Agreement in accordance with Appendix D for all hours worked. 132 The Employer wiii for the period of this Agreement provide, for those employees who were "grancffathered' as eligibie for the Employe�s Heaith and Welfare Plan and who have retired since February 15, 1974, such heaith insurance premium contributions up to the same dollar amounts as are provided by the Employer at the date of early retirement and the cost ot premium contributions toward $5,000 Iife insurance coverage until such empioyees reach sixty-five (65) years of age. In order to be eligible for the premium contributions under the provision 13.2 and 13.3 the employee must: 132.1 Be receiving benefits from a public employee retiree act at the time of retirement. 13.22 Have severed the employment relationship with the City of Saint Paul and/or independent School Districi No. 625 under one of the early retiree plans. 13.2.3 Inform the Human Resource Department of independent Schooi District No. 625 and Personnel Office of the City of Saint Paui in writing within sixty (60) days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 13.3 An employee who retired at age sixty-five (65) or later and who met the crfteria in 13.2, or � for early retirees who qualified under 13.2 and have reached age sixty-five (65) after retirement the Empioyer will provide payment of premium for a Medicare supplement health coverage policy selected by the Employer. ARTICLE 14. SELECTION OF LEAD ELECTRICIAN, GENERAL LEAD ELECTRiC1AN, MASTER ELECTRICIAN, AND MASTER BUILDING CONTROLS ELECTRICIAN 14.1 The seiection of personnel for the ciass of positions General �ead EVectrician, Lead Electrician, Master Electrician, and Master Building Controls Electrician shail remain solely with the Employer. 142 The ciass of positions Master Electrician, and Master Building Controls Electrician shatl be filled by empioyees of the bargaining unit on a`�emporary 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) normai workday. � �! -/ �� ARTICLE 15. HOLIDAYS 15.1 The following nine (9) days shail be designated as holidays: New Yea�s Day Martin Luther King Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Day January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25 15.2 When New Year's Day, Independence Day or Christmas Day faiis on a Sunday, the following Monday shail be considered the designated holiday. When any of these three (3) holidays falis on a Saturday, the preceding Friday shail be considered the designated holiday. 15.3 The nine (9) holidays shall be considered non-workdays. 15.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, empioyees may be scheduled or "ca�fed back" in accordance with Articie 10, Cati Back. 15.5 Employees calied in to work on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 15.6 If Martin Luther King, Jr. Day or Presidents' Day falls on a day when schooi is in session, the employee shall work that day at straight time and another day shall be designated as the hoiiday. This designated holiday shali be a day determined by agreement between the employee and his supervisor. 15.7 If Martin Luther King Jr. Day, Presidents' Day or the Day After Thanksgiving falls on a day when school is not in session, that day will normally be an unpaid holiday. If the Empioyer schedules work on such days, employees wili be offered an opportunity to work that day at the straight-time rate and will not be required to take another day off to replace the hofiday. If the employee is cafled in on such day, they wi(f be called in accordance with Article 10 and paid as in 15.5. � � � 0 t�l-1 R� �J i ARTICLE 16. DISCIPLINARY PROCEDUftES 16.1 The Employer shall have the right to impose disciplinary actions on employees for just cause. 16.2 Disciplinary actions by the Employer shaii include oniy the following actions: �6.2.1 Oral reprimand; 16.22 Written reprimand; 16.2.3 Suspension; 16.2.4 Demotion; 162.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shall have the right to request that such actions be considered a°grievance" for the purpose of processing through the provisions of Article 22, Grievance Procedure); as an alternative option, such employee can request review by the Civil Service Commission or a designated Board of Review, consistent with Minnesota Statute § 179A20, Subd. 4. Once an empioyee, or the Union acting in the employee's behalf initiates review in one forum, the matter shall not be again reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. 16.4 From the time of a documented disciplinary action of an employee, if no further instances of documented discipline occur for twenty-four (24) months, the record of aii disciplinary action will not be referred to in future disciplinary matters. This does not include matters under Titie 7 and the Minnesota Human Rights Act. if multipie disciplinary actions have been taken over a period of time, as long as any one action is within twenty-four (24) months o( the most recent action, then afi events may be referred to in other discipiinary actions. ARTICLE 17. ABSENCES �ROM WORK 17.1 Employees who are unable to report for their normai workday have the responsibility to notify their supervisor of such absence as soon as possibie, but in no event later than the beginning of such workday. 172 17.3 �ailure to make such notitication may be grounds for discipline as provided in Article 18, Disciplinary Procedures. Failure to report for work without notification for three (3) consecutive normal workdays may be considered a`quit" by the Employer on the part of the employee. • D/-/ 9� ARTICLE 18. SENIORITY � 18.1 Seniority, for the purposes of this Agreement, shall be defined as follows: 18.1.1 "Master Seniorit�' - The length of continuous regular and probationary service with the Empfoyer from tfie last date of emp(oyment in any and al( ctass fifies covered by this Agreement. 18.12 "Cfass Seniorit�' - 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. 18.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granied because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 18.3 Seniority shaii terminate when an empioyee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer that it is necessary to reduce the workforce, empioyees will be laid off by class titie within each department based on inverse length of "Class Seniority." Recall from layoff shall be in inverse order of layoff, except that recaii rights shall expire after two years of layoff. 18.5 The selection of vacation periods shail be made in class title based on length of "Ciass Seniority," subject to the approval of the Employer. � • 10 or ��3 • ARTICLE 19. JURISDICTION 19.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of the Employer. 192 The Employer agrees to be guided in the assignment of work jurisdiction by any mutuai agreements between the unions involved. 19.3 In the event of a dispute conceming the pertormance or assignment of work, the unions involved and the Empioyer shall meet as soon as mutuaily possibie to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accompiish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clar'rfied by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article 16, Discipiinary Procedures. 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20. SEPARATION FROM EMPLOYMENT � 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 20.1.1 Resiqnation. Employees resig�ing from employmeM shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.1.2 Discharqe. As provided in Article 16. 20.1.3 Failure to Reoort for DuN. As provided for in Article 17. 202 Employees having a temporary employment status may be terminated at the discretion of the Employer before the completion of a norma{ workday. ARTICLE 21. TOOLS 21.1 Afi employees shall personally provide themselves with the toois of the trade as listed in Appendix E. • 11 ai-� %� ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shail recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shali notify the Employer in writing of the names of the Stewards and of their successors when so named. 222 It is recognized and accepted by the Empioyer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Sfeward 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 not'rfied and received the approval of their supervisor to be absent to process a grievance and that such absence woufd not be detrimentat to fhe work programs of the Empfoyer. 22.3 The procedure estabiished by this Article shall, except as previously noted in Article 16, Disciplinary Procedures, be the sole and exclusive procedure, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 22.4 Grievances shal! be resolved in conformance with the fo!lowing procedure: � Step 1. Upon the occurrence of an alleged violation of this Agreement, the empioyee involved shall attempt to resoive the matter on an informal basis with the employee's supervisor. If the matter is not resofved to the emp(oyee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shail 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 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 o( reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Steo2. Within seven (7) calendar days after rece"rving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resoive the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shali reply in writing to the Union within three �J} CaiQi�u'8i ua'y8 iiriivriiAy i �i}22:;:1y^. �:;B :.�:,30.^, .^.l2� rg�or (ho �rigYanGg i� 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 EmployePs answer shall be considered waived. • 12 �l-193 � ARTICLE 22. GRIEVANCE PROCEDURE (continued) Steo 3. Within seven (7) calendar days foilowing 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 shaii reply in writing to the Union stating the Employe�'s answer conceming the grievance. if, as a resutt of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by ihe Union to Step 4 within seven (7) catendar days following receipt of the Empioyer's answer shall be considered waived. Step 4. If the grievance remains unresoived, 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 Empioyer and the Union within seven (7) calendar days after notice has been given. If the parties faii to mutuaily agree upon an arbitrator within the said seven (7)- day period either party may request the Bureau of Mediation Services to submit a panel of five (5) arbftrators. Both the Empioyer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, nuilify, ignore, add to or subtract from the provisions of this Agreement. 'fhe arbitrator sha{I 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 arbftrator shall be � without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of iaws, rules or regulations having the force and effect of law. The arbitrato�'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 shail 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 empioyees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be bome equally by the Employer and the Union, provided that each party shali be responsible for compensating its own representative and witnesses. If efther party cancels an arbitration hearing or asks for a last-minute postponement that leads to the arbitrator's making a charge, the canceiing party or the party asking for the postponemerrt shafl pay this charge. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutuai agreemeni of the Employer and the Union. • 13 oi-� 9� ARTICLE 23. RIGHT OF SUBCONTRACT 23.1 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 workforce covered by this Agreement, the Employer shall give the Union a ninety (90)- calendar day notice of the intention to subcontract. 232 The subcontracting of work done by the empioyees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NON-DISCRIMINATION 24.1 The terms and conditions of this Agreement will be applied to empioyees 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. � 24.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the generai pubiic. ARTICLE 25. SEVERABILITY � 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative or 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 effect. 252 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. • 14 0�-�93 � ARTICLE 26. WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resutted in this Agreement, each had the right and opportunity to make proposals wdh respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by fhe parties after the exercise of this right are fully and compietety set forth in this Agreement. 262 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shail not be obligated to meet and negotiate over any term or conditions of employment whether spec"rfically covered or not specificatiy covered by this Agreement. The Union and Employer may, however, mutuaily agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of empioyment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 27. MILEAGE - INDEPENDENT SCHOOL DISTRICT NO. 625 27.1 Employees of the School District, under policy adopted by the Board Education, may be reimbursed for the use of their automobiles for school business. The mileage ailowance for eligible employees shall be 31 � per mile, or such higher rate as may be established at � the discretion of the Board. An employee must keep a record of each trip made. Reimbursement shall be for the actual mileage driven in the performance of assigned duties as verified by the appropriate schooi district administrator and in accordance with School District Business Office policies and procedures. • 15 oi-/9.,� ARTICLE 28. MATERNITY LEAVE � 28.1 Matemitv Leave. Matemity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as detertnined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the empioyee may apply for leave without pay at any time during the period stated above and the employer may approve such leave at its option, and such ieave may be no longer than one (1) year. ARTICLE 29. REQUIRED TRAfN1NG 29.1 If the District requires and in writing directs an employee to attend spec'rfied training or educational classes outside the normal workday, the employee shall be paid for the hours actually spent in attendance at such classes, at the basic hourly pay rate. The employee wiil be required to provide ver'rfication of actuai attendance and satisfactory completion of the training unit, or series. Training taken at the employee's option will not qualify for pay under this provision. � • 16 o / -1 93 � • ARTICLE 30. DURATION AND PLEt7GE 30.1 302 This Agreement shaii become effective as of May 1, 2000, and shali remain in effect through the 30t1i day ot April, 2003, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 302. H either party desires to tertninate or modify this Agreement effective as of the date of expiration, the party xrishing to modify or terminate the Agreement shaii give written notice to the other party, not more than ninety (90) or less than sixty (60) caiendar days prior to the expiration date, provided that the Agreement may onfy be so tertninated or modified affective as of tha expiration date. 30.3 In consideration of the terms and conditions of employment estabiished by this Agreement and ihe rer,ognition that the Grievance Procedure herein established is the means by which grievances conceming its appiication or interpretation may be peacefully resolved, the parties hereby pledge that during the tertn of the Agreement 30.3.1 30.32 30.3.3 The Union and the employees will not engage in, instigate or condone any concerted action in which employees faii to report for duty, wilHully absent themseives from work, stop work, siow down their work or absent themselves in whole or part from the full, faithfui performance ot their duties of empfoyment. The Employer will not engage in, instigate or condone any lockout of employees. This constitutes a tentative Agreement batween the paRies which wi44 be recommended by the Negotiations/Labor Relations Manager, but is subject to the approval of the Board of Education and is also subject to ratification by the Union. 7he parties agree and attest that this Agreement represents the fuii and complete understanding of the parties for the period of time herein spec'rfied by the signature of the following representatives for the Employer and the Union. W ITNESSES: INDEPENDENT SCHOO� DISTRICT NO. 625 � Chair, Be rd of Education Manager BROT4iERHOOD OF RI�ERS, l CAL 110 � �� Date . Assistant ana er ��/ V� Date 17 e / -/ 9�3 � Appendices � � 19 oi-�9� APPENDIX A follows: The classes of positions recognized as being exciusively represented by the Union are as Generai Lead Electrician Lead Electrician Masier Electrician Master Building Controls Electrician Electrician Building Controls Electrician Apprentice Electrician and other classes of positions that may be established by the Employer where the scope of the work duties and responsibilities assigned comes within the jurisdiction of the Union. � � • 20 ot -�93 • APPENDIX B For ail normai work weeks established pursuant to the provisions of Article 8 of this contract, which includes Sunday, the foliowing provisions shall apply and govem: 1. Aii regular electricians empioyed prior to January 1, 1976, shali be offered assignment to the work week on a seniority basis, and alI such employees shall have the right to refuse assignment to the work week. This reSusal is subjeet to the prov+sions listed below. 2. Afi regular eleetricians employed subsequent to January 1, 1976, may be assigned to vacancies in this workweek. 3. All regular electricians shal{ have the right to bid on and obtain assignment of a position occupied by an electrician with lesser class seniority within thirty (30) calendar days from the date that said position was last filled. 4. Any regular electrician may be assigned, on a temporary basis, to the work week to replace an electrician who is absent because of vacation, iilness, paid military leave, jury duty or any other {eave acceptab{e to both parties. These temporary assignments shali be made on the basis of seniority and in no instance shall any one employee be required to work on such temporary basis for more than fifteen (15) workdays or the total temporary assignment to exceed ninety (90) workdays. � • 21 O/-/ I�3 APPENDIX C C1. The total hourly cost to the Employer for wages plus any and ail contributions or deductions stated in Appendix D of this Agreement shall not exceed the following amounts: Electrician Buiiding Control Electrician �ead Electrician Master Eiectrician Master Buildirtg Conirols - Electrician General Lead Electrician Effective 4/22/00 $39.37 39.37 41.69 41.69 41.69 42.85 Effective 5/4/01 $41.57 41.57 43.89 43.89 Effective 5/3/02 �� .. .� 43.89 `� 45.05 �� C2. The totai taxable hourly rate including wages and the vacation contribution in Appendix D and excluding aii other benefit costs and obiigations in Appendix D, for regular and probationary empioyees appointed to the following classes of positions and who are not covered by the Employer's benefit package described in Article 122 shali be as foilows: Electrician Building Control Electrician Lead Electrician Master Electrician Master Building Controls - Electrician General Lead Electrician Effective 4/22l00 $29.35 29.35 31.50 31.50 , ., �. KY�.�;' Effective 5/4/01 + � : . : � Effective 5/3/02 �. �: .� �� :. :. � Note: The May 4, 200�, houriy rates in Appendices G2 shall be determined at a later date basetl on the allocation agreed to by the Employer and the Union of the May 4, 2001, tot21 hourly cost siated in Appendix C-1. �'� Note: The May 3, 2002, hourly rates in Appendices Ct, C2, C2A and C3 shaii be detertnined at a later date based on the allocation agreed to by the Employer and the Union of the May 3, 2002, total hourly cost detertnined for the third year wage re-opener. � � • 22 p / -/93 � • APPENDIX C (continued) C2A. The basic hourly wage rates in this Appendix (C2A) are for comaensation anal sis purposes oniv. These figures represent the portion of the Appendix C7 rates above spec'rficaily allocated to wages. These rates do NOT include taxable contributions and therefore shoutd NOT be used for taxabie payrolt calculations. See Appendix C2 above for total taxable payroll information. Effective Effective Effective 4/22/00 5/4/01 5/3/02 Electrician Buiiding Control EleCtrician Lead Electrician Master Electrician Master Building Controis - Electrician General Lead Electrician $25.97 25.97 27.88 27.88 27.88 28.83 : .. : �. : .: > .: . :. * .. C3. The total taxable hourly rate inciuding wages and the vacation contribution in Appendix D for temporary employees appointed to the foilowing classes of positions shall be: Eftective Effective Effective 4/22/00 5/4/01 5/3/02 Electrician $30.83 ` �� Building Control Electrician Lead E(ectrician Master Electrician Master Building Gontrols - Electrician General Lead Electrician 30.83 33.09 33.09 33.09 34.22 � �. � �� .. , .. . �� If a temporary employee working in a title listed in this Appendix C3 becomes subject to the requirements of the Public Employees Retirement Act (PERA), which thereby requires the Employer to make contributions to PERA, the calculated houriy base rate may change so the EmployePs cost does not exceed the amounts listed in Ci above. Genera( �ead Electrician-In-Gharae Premium: For those employees assigned to perform the function of General Lead Electrician-in-Charge, including supervising other Lead Electricians, overseeing projects and providing scheduling and direction, the rate of pay will be equivaient to the applicabte rate shown for Generat �ead ElectriCian in Appendix C1, C2, G2A or C3. Benefits will be as shown in Appendix D. �Note: The May 4, 2001, hourly rates in Appendices C-2A shall be detertnined at a iater date based on the allocation a9reed to by the Employer and the Union of the May 4, 2001, total hourly cosi stated in Appendi�c C-t. � �� Note: The May 3, 2002, houAy rates in Appendices Ct, C2, G2A and C3 shali be determined at a later date based on the allocation agreed to by the Employer and the Union of the May 3, 2002, total houdy cost tletermined for the third year wage re-opener. 23 oi-/9,� APPENDIX C (continued) C4. The basic hourly wage rates for the Appreniice class of pasitions: This Section is held open for the addition of appropriate Apprentice rates according to the St. Paul All-Chapter NECA and IBEW Local 110 in the event the Empioyer initiates the employment of Apprentices. C5. General items If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the rates in Appendix C, Sections C2 through C4 in such a way that the total cost of the package (wage rate plus contributions) remains constant and does not exceed the amounts shown in Appendix C, Section C1. The total cost to the Employer for compensation (wages and fringes) received by employees covered by this Agreement shaii be equivalent in money to the total package paid by the employer to employees in comparable classifications in the Agreement between Local 110 and the National Electrical Contractors Association (NECA). in the event Local 110 and NECA amend their bargaining agreement to provide for either a wage or benefit freeze or reduction during the period of this Agreement, such freeze or reduction shall be immediatety applicable to the total compensation paid to employees covered by this Agreement. The totai package cost shall exciude any costs of payments made for industry promotion andlor advertisement or any other purposes not direcily and clearly beneficial to the public empioyer. Shift Differential For employees who work on a regularly-assigned shift beginning earlier than 6:00 a.m. or ending later than 6:00 p.m., provided that at least five (5) hours of the shift are worked between the hours of 6:00 p.m. and 6:00 a.m., there shail be paid a night differential for the entire shift. For employees who work on a regularly-assigned shift beginning eariier than 6:00 a.m. or ending tater than 6:00 p.m., but less than five (5) hours of the shift are worked between the hours of 6:00 p.m. and 6:00 a.m., there shall be pafd a night differential for the hours worked befween fhe hours of 6:00 p.m. and 6:00 a.m. The night differential shall be 5% of the base rate, and shall be paid oniy for those night shifts actually worked. � • . 24 D l ! 93 � APPENDIX D Effective Aprii 22, 2000, the Employer shaii forvvard the amounts designated in this Append'a D for empioyees covered by this Agreement to deQositories as directed by the Union and agreed to by the Employer: (1a) For regular emp(oyees, l3% of the Appendix C2A wages only rate per hour for all hours worked from which ail appropriate payroll deductions have been made to a Union-designated Vacation Fund. (1b) For temporary employees, 13% of the Appendix C3 rate per hour for all hours worked from which ail appropriate payroll deductions have been made to a Union- designated Vacation Fund. • • �2) (3) (4) (5) (6a) (6b) (�) ($1 $3.38 per hour for aii hours worked to a Union-designated Health and Welfare Fund. $1.43 per hour for ail hours worked to a Union-designated Pension Fund. $1.40 per hour for ali hours worked to a Union-designated Annuitv Fund. $1.05 per hour for all hours worked to a Union-designated Reserve Trust Fund. For regular employees, 3% of the Appendix C-2A wages only rate per hour for all hours worked to a Union-designated National Emplovees Benefit Fund (N.E.B.F.1. For temporary empioyees, 3% of the Appendix C-3 rate per hour for all hours worked to a Union-designated National Emplovees Benefit Fund (N.E.B.F.1. $.iQ per hour for ail hours worked to a Union-designated Labor Manaaement Cooperative Committee Fund. $.36 per hour for all hours worked to a Uniorndesignated A�renticeshio Fund. 2s �/-/ 9� APPENDIX D (continued) For aII employees, the Employer shail make legally established non-negotiated pension � contributions for all appropriate empioyees to PERA. Changes in the mandated PERA rate may change the calculated hourly base rate of pay so the Empioye�'s cost does not exceed the amounts listed in C1 above. For all empioyees, the Empioyer shali deduct the empioyee's FICA withholdings as appropriate from totai taxabie wages as required. The Employer shall deduct the employee's appropriate Federal and State income tax wtthholdings, PERA deductions, and any other Iegally established obligation as required from all rates established in Append�c C except for rates in C2A, which are not used for payroll purposes. All contributions made in accordance with this Appendix D shall be deducted from and are not in addition to the amounts shown in Appendix C1. The Appendix D amounts shall be forwarded to depositories as directed by the Union and agreed to by the Empioyer. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Employees covered by this Agreement shall not be eiigible for, govemed by or accumulate vacation, sick leave, holiday, funeral leave, jury duty or insurance fringe benefits that are or may be established by Personnei Rules, Councii Ordinance or Council Resoiutions. The EmployePs fringe benefit obiigation to employees is limited to the contributions andlor deductions established by this Agreement. The actual levei of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Empioyer has forwarded contributions and/or deductions. • � Z6 p i / �3 • APPENDIX E - REQUIRED TOOLS Pocket Tool Pouch and Bett 6' Rule 9" or 10" Aluminum Level 8° Side Cutters Crimping Tooi 10" Crescent Wrench Combination of Box-Open-End W renches 3/8" - 3/4" Socket Set of Equivalent Sizes Cold Chisel and Center Punch Taps 6/32 - 8/32 - 10/32 - 10/24 -'- /20 Drills - In Accordance With Tap sizes 9/32 and 3/8 Tap Wrench File Rasp 12" 1/2 Round and Rat-Tail Hack Saw 12" blade Screwdrivers 4" - 8" - 12" Reg. Slot and 4" and 6" Phillips Flashiight Tester, 600 v. Solenoid Type Combination Square Knife Long-Nose Piiers Diagonai-Cutting Pliers 2 pair Channel Locks AI{en Wrenches Hammer, Ball Peen Scratch Awl • Fuse Puller 25' Steei Tape Measure Chalk-Line Piumb Bob and Line Wire Stripper for standard wire sizes Tool Box to hoid the above tools The Employer shall furnish ait other necessary tools or equipment. Empioyees wili be responsible for tools or equipment issued to them, providing the Employer furnishes the necessary lockers, °gang box° or other safe place for storage. The Employer shall be responsible for checking to see that employees possess the tools specified above in proper working order. Replacement ciaims wilf be honored only for acceptabie tools checked by the Employer. The Employer shai{ replace with simi4ar tools of equai value and quality any of the above- listed tools which are turned in by a regularly appointed employee which are no longer serviceable because of wear or breakage. The Employer shali replace with similar tools of equal value and quality any of the above- listed tools which are turned in by a temporary appointed employee which are no longer serviceabie because of wear or breakage providing the employee has been employed for nine (9) continuous months or more. � 27 Council File # O1-�q Q� � � �'` � �: ' F1 t�R��b Presented Referred To Committee Date R�SOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 10369 � RESOLVED, that the Council of the City of Saint Paui hereby approves and ratifies the attached 2 2000 - 2003 Bmployment Agreement between Independent School District No. 625 and the International Brotherhood of Electrical Workers No. 110 to establish terms and conditions of employment. Requested by Departrnentof Office of Labor Relations g�� Form Ap 6ved by �ty A fiey �' �/ � o. G Adopted by Council: Date �v� t � \l� '�� Adoption Certified by Council Secretary B Y �� —� Approved by Mayor: Date I'w(/[�CY/C �� By' E;/1��f� �- �//�LL� Approved bX Iyfa ,ybr for Subm' sion to Council / 1/ By: �� DEPARTMENT/OFFICE/COUNCIL: DATE INiTTATED GREEN SHEET No.• 10369 a`_l �LABOR RELATIONS February Zl, 2001 ' CONTACT PERSON & PHONE: � INII7AL/DATE INITtALDpTE . NLIE KRAUS 266-6513 ASSIGN 1 DEPARTMENT D 4 CI1'Y COUNCIL iVU]ygEg 2 C1TY ATIORNE CITY CLERK MUST BE ON COLJNCII, AGENDA BY (DATE) FOR BUDGEC DiR. � � FIN. & MGT. SERVICE DIIt ROUTING 3 MAYOR (OR ASST.) ORDER ' TOTAL # OF SIGNATORE PAGES_I (CLIp ALL LOCAITONS FOR SIGNATURE) ncnox �QUesrsn: This resolution approves the attached 2000 - 2003 Employment Agreement between Independent School District No. 625 and the International Brotherhood of Electrical Workers No. 110 to establish terms and conditions of employment. RECOMIvIENDATTONS: Approve (A) or Reject (R) PERSONAI. SERVICE CON112AGTS MI7ST AMSWER 1'F1E FOLLOWING QUESTIONS: _PLANMNG COMMISSION _CML SERVICE COIvAdISSION 1. Has this person/fim� ever worked wder a contract for ffi�s depaztrnem? _CIB COMbII1TEE Yes No _STAFF 2. Has this penon/ficm ever been a city employee? D[SIRICT COURT Yes No SUPPORTS WHICH COt7NCIL OBIECTIVE? 3. Does this persoNfirtn possess a skill not normally possessed by any cuttent city employee? Yes No lain all yes answers on separate shee[ and attach to green sheet �r, INTTIATING PROBLEM, ISSUE, ( y '/ re, W hy): kt �4C> xA This Agreement pertains t 1 �- es only. � _-- ADVANTAGESIFAPPROVED� �-- --- DISADVANI'AGES IF APPROVED: DISADVANTAGES IF NOT APPROVED� � TOTALAMOUNTOF"I'RANSACI'ION: COST/REVENUEBUDGETED: Fi)ND1NG SOURCE: ACfIVITY N[JMBER: �° i� .e3a . v�g r Ls�YU;'�"a$ ��3&'sC.. .� . FINANCIAL INFORMATION: (EXPLAII� �� INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION O t� t� SAINT PAUL PUBLIC SCHOOLS DATE: August 15, 2000 TOPIC: Approval of an Empioyment Agreement With International Brotherhood of Electrical Workers, Local 110, to Estabiish Terms and Conditions of Empioyment for 2000-2003 A. PERTINENT FACTS: 1. New Agreement is for the three-year period May 1, 2000 through April 30, 2003. 2. Contract changes are as follows: Holidavs: Changed holiday language to provide uniformity with other district contracts. Waaes: Wage and benefit changes reflect prevailing wage for the industry. The third year will be a reopener for wages only. 3. The remaining language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has thirteen regular F.T.E. in this bargaining unit. 5. The maintenance of buiidings promotes a quality learning enviionment ihat supports the teaching target of preparing all students for life. 6. This request is submitted hy Sue Gutbrod, Negotiations/�abor Relations Assistant Manager; Wayne Arndt, Negotiations/Labor Relations Manager; Richard Kreyer, Executive Director of Human Resources and Labor Relations; and W iiliam Larson, Deputy Superintendent. 8. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of empioyment of those empioyees in this school district for whom international Brotherhood of Electrical Workers, Local 110, is the exclusive representative; duration of said Agreement is for the period of May 1, 2000 through April 30, 2003. 01-19� � u 0 • ARTICLE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. TITLE INDEX Preamble ..................................................................... ° °-° °--°-°, Purpose......-° ° ° ° ° °--°-°-- .................°-°--................................... Recognition ...............................................°-°--....--°°°°°°-°------ EmployerRights ........................................................................... Union Rights ................................................................................, Scope the Agreement .............................................................. Probationary Periods ................................................................... Philosophy of Employment and Compensation .......................... Hoursof Work ............................................................................. Overtime ..........................................................�•-•---.................... Call Back-� ................................................................................... WorkLocation ..................................................�--�--..................... Wages........................................................................................ Fringe Benefits ............................................................................ Selection of Lead Electrician, General Lead Electrician, Master Electrician, and Master Building Controls Electrician .....................•---......................................... Holidays...................................................................................... Discipiinary Procedures .............................................................. Absencesfrom Work .................................................................. Seniority ...................................................................................... Jurisdiction ..............................................................................�--- Separation from Empioyment ..................................................... Tools........................................................................................... Grievance Procedure .................................................................. Right of Subcontract ................................................................... Non-Discrim ination ...................................................................... S e ve ra b i I i ty .................................................................................. Waiver ......................................................................................... Mileage - Independent School District No. 625 ........................... MatemityLeave ........................................................................... Required Training ....................................................................... Duration and Pledge ................................................................... AppendixA ......................................................................... AppendixB ......................................................................... AppendixC .......................................................................�- AppendixD ..................................•--•--................................. AppendixE ......................................................................... PAGE ........ IV ........ 1 ........ 1 °--°-- 2 ..---... 2 ...-°-- 2 ........ 3 ........ 3 °--.... 4 ........ 5 ........ 6 ........ 6 ........ 6 ........ 7 ......... 7 ......... 8 ......... 9 ......... 9 ......... 10 ..---.... 11 ......... 11 _........ 11 ......... 12 ......... 14 ......... 14 ..---.... 14 .......... 15 ..---..... 15 .......... 16 .......... 16 .......... 17 .......... 20 .......... 21 .......... 22 .......... 25 .......... 27 � D/-/ 9 � � PREAMBLE This Agreement is entered into between Independent Schooi District No. 625, hereinafter refemed to as the Employer, and the intemational Brotherhood of Electricai Workers, Locat 1 i0, 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 Independent School District No. 625 for the benefit of the general pubiic 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 peopie at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individuai empioyees wili best serve the needs of the general public. • • iv 0 1-19�3 � ARTICLE 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1.1 Achieve orderly and peaceful reiations, thereby establishing a system of uninterrupted operations and the highest level of empioyee performance that is consistent with the safety and well-being of ail concerned; 1.1.2 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; 1.1.3 Establish procedures to orderly and peacefuliy resolve disputes as to the application or interpretation of this Agreement without loss of manpower productivity. 1.2 The Employer a�d the Union agree that this Agreement serves as a supplement to Iegislation that creates and directs the Employer. If any part of this Agreement is in confiict 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 25, Severabifity. ARTICLE 2. RECOGNITION • 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnel having an empioyment status of regular, probationary, and temporary employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 89-PR-2348 dated December 11, 1989. 22 The classes of posftio�s recognized as being exclusively represented by the Union are as listed in Appendix A. • o�-i � ARTlCLE 3. 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 rtot specifically limited by this Agreement. 3.2 Any "term or condition of employment' not established by this Agreement shall remain with the Empioyer to eliminate, modify or establish following written notification to the Union. ARTICLE 4. UNION RIGHTS 4.1 The Empioyer shaii deduct from the wages of empioyees 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 Urtion. 4.1.1 4.1 2 The Employer shali not deduct dues from the wages of employees covered by this Agreement for any other labor organization. The Union shail indemnify and save harmiess the Employer from any and all claims or charges made against the Employer as a resuit of the implementation of this Article. 42 The Union may designate one (1) employee from the bargaining unit in each department to act as a Steward and shali inform the Empioyer in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 22, Grievance Procedure. 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or his/her designated representative shall be permitted to enter the facilities of the Employer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF Ti-IE AGREEMEIVT 5.1 This Agreement established the `Yerms and conditions of empioyment' defined by Minnesota Statute § 1�9A.03, Subdivision 19, for aii empioyees exciusively represented by the Union. This Agreement shall supersede such "terms and conditions of employmenY' established by Civii Service Rule, Council Ordinance, and Council Resolution. � J � • o�-��3 � ARTICLE 6. PROBATIONARY PERIODS 6.1 All personnel, originaily hired or rehired following separation, in a regular empioyment status shall serve a six (6)-month probationary period during which time the employee's fitness and ability to perform the ciass of positions' duties and responsibilfties shall be evaluated. 6.1.1 At any time during the probationary period an empioyee may be terminated at the discretion of the Employer without appeal to the provisions of Article 22, Grievance Procedure. 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 62 AII personnei promoted to a higher class of positions shail serve a six (6) month promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibiiities shall be evaluated. 62.7 At any time during the promotional probationary period, an employee may be demoted to the employee's previously-held class of positions at the discretion of the Employer without appeal to the provisions of Article 22, Grievance Procedure. 62.2 An employee demoted during the promotional probationary period shail be returned to the employee's previously-heid class of positions and shall receive a written notice of the reason(s) for demotion, a copy of which shali be sent to • the Union. ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The Employer and the Union are in fuii agreement that the philosophy of employment and compensation shall be a`cash" hourly wage and "industr�' fringe benefit system. 72 The Employer shail compensate empioyees for ail hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Article 12, Wages and Fringe Benefits. 7.3 No other compensation or fringe benefit shali be accumulated or earned by an empioyee except as specifically provided for in this Agreement. • oi-i � ARTICLE 8. � 82 HOURS OF WORK The normal workday shall be eight (8) consecutive hours per day, excluding a thirry (30) minute unpaid lunch period. The normal work week shali be five (5) consecutive normal workdays in any seven (7) day period. 8.3 Shifts other than tfie regu(ar daytime shfft Monday through Friday may be established. Such shifts must be maintained for a period of at least one (1) work week. The second shift shall be a reguiarly-scheduled shift whieh follows a regularly-scheduled first shift of five (5) hours or greater. The third shift shall be a regularly-scheduled shift which folfows a regularly-scheduled second shift of five (5) hours or greater. � � For employees on a shift basis, this shall be construed to mean an average of forty (40) hours a week. This Section shali not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal work week. 8.6 An empioyee normaliy working on a particular shift may be transferred from that shift to another shift upon one week's notice; provided, however, that in the event of a vacancy, an employee may be assigned to another shift to fill such vacancy upon twenty-four (24) hours' notice_ � � All employees shali be at the work location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location untii the end of the estabfished workday unless othenvise directed by iheir supervisor. All employees are subject to call-back by the Empioyer as provided by Articie 10, Call Back. 8.9 Employees reporting for work at the established starting time and for whom no work is available shali receive pay for two (2) hours, at the basic hourly rate, uniess not'rfication has been given not to report for work prior to leaving home, or during the previous workday. 8.10 The employer shall be required to give no less than six and one-haif (6-1/2) hours notice, when an empioyee is to be laid off. 8.11 If an employee is required to work eleven (11) consecutive hours or more that involve scheduled overtime, the empioyee shall be ailowed to take a thirty (30) minute unpaid meal break. Such meal break will be taken within the first two (2) hours immediately foilowing the normat workday, as defined in S.1 of this Articfe. � � � � fll -12�3 • • ARTICLE 9. OVERTIME 9.1 All overtime compensated for by the Empioyer must receive prior authorization from a designated Employer supervisor. No overtime work claim wiil be honored for payment or credft uniess approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 92 The overtime rate of one and one-half (1-1/2) the basic hourly rate shall be paid for work performed under the foilowing circumstances: 92.1 92.2 9.3 � 9.5 Time worked in excess of eight (8) hours in any one normal workday, and Time worked on a sixth (6th) day following a normai work week. The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the following circumstances: 9.3.1 9.3.2 Time worked on a seventh (7th) day following a normal work week; and Time worked in excess of twelve (12) consecutive hours in a iweniy-fiour (24) hour period, provided that all "emergency' work required by "Acts of God° shall be compensated at the rate of one and one-haif (1-1/2). For the purpose of calculating overtime compensation, overtime hours worked shail not be "pyramided ° compounded or paid twice for the same hours worked. Overtime hours worked as provided by this Article shall be paid in cash or in compensatory time. The basis on which overtime shali be paid shall be determined solely by the Employer. Compensatory time off must be approved by the Employer. • c�i-/9� ARTICLE 10. CALL BACK 10.1 i 02 10.3 10.4 10.5 The Employer retains the right to ca11 back empioyees before an employee has started a normal workday or normal work week and after an employee has completed a normai workday or normal work week. Employees calted back sha(i receive a minimum of four (4) hours of pay at the basic houriy rate (equals 2.7 hours at time and a half). The hours worked based on a cali-back shall be compensated in accordance with Article 9, Overtime, when applicable, and subject to the minimum established by 102 above. Employees calied back four (4) hours or less prior to their normal workday shail complete the normal workday and be compensated only for the over[ime hours worked in accordance with Article 9, Overtime. Stand by: Any employee who is required to be availabie for emergency service work on weekends and holidays shall be guaranteed work or wages and fringes equivalent to: 40 minutes for Friday night 80 minutes for Satueday and Saturday night 80 minutes for Sunday and Sunday night or 80 minutes for any holiday and holiday night of such 24-hour shifts. All ofi the above shail be at time and one-haff (1-1l2) eate. If the empioyee is cailed in for work, the above time shail be part of, not in addition to, the time worked. ARTICLE 11. WORK LOCATION 11.1 Employees shall report to ihe work locations as assigned by a designated Empioyer supervisor. During the normal workday, employees may be assigned to other work locations ai the discretion of the Employer. 11.2 Employees assigned to work locations during the normai workday other than their original assignment, and who are required to fumish their own transportation, shall be compensated for mileage, as set torth in Article 27, Mileage. ARTICLE 12. WAGES 12.1 122 12.3 The basic hourly wage rates as established by Appendix C shall be paid for ail hours worked by an employee. Regular employees shall be compensated in aecordance 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. Temporary employees shail be compensated in accordance with Article 12.1, Wages, and have fringe benefit conCributions and/or deductions made in their behaifi as provided for by Article 13, Fringe Benefits. • � � �� R� • ARTICLE 13. FRINGE BENEFITS 13.1 The Employer shall make contributions on behalf of and/or make deductions from the wages of empioyees covered by this Agreement in accordance with Appendix D for all hours worked. 132 The Employer wiii for the period of this Agreement provide, for those employees who were "grancffathered' as eligibie for the Employe�s Heaith and Welfare Plan and who have retired since February 15, 1974, such heaith insurance premium contributions up to the same dollar amounts as are provided by the Employer at the date of early retirement and the cost ot premium contributions toward $5,000 Iife insurance coverage until such empioyees reach sixty-five (65) years of age. In order to be eligible for the premium contributions under the provision 13.2 and 13.3 the employee must: 132.1 Be receiving benefits from a public employee retiree act at the time of retirement. 13.22 Have severed the employment relationship with the City of Saint Paul and/or independent School Districi No. 625 under one of the early retiree plans. 13.2.3 Inform the Human Resource Department of independent Schooi District No. 625 and Personnel Office of the City of Saint Paui in writing within sixty (60) days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 13.3 An employee who retired at age sixty-five (65) or later and who met the crfteria in 13.2, or � for early retirees who qualified under 13.2 and have reached age sixty-five (65) after retirement the Empioyer will provide payment of premium for a Medicare supplement health coverage policy selected by the Employer. ARTICLE 14. SELECTION OF LEAD ELECTRICIAN, GENERAL LEAD ELECTRiC1AN, MASTER ELECTRICIAN, AND MASTER BUILDING CONTROLS ELECTRICIAN 14.1 The seiection of personnel for the ciass of positions General �ead EVectrician, Lead Electrician, Master Electrician, and Master Building Controls Electrician shail remain solely with the Employer. 142 The ciass of positions Master Electrician, and Master Building Controls Electrician shatl be filled by empioyees of the bargaining unit on a`�emporary 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) normai workday. � �! -/ �� ARTICLE 15. HOLIDAYS 15.1 The following nine (9) days shail be designated as holidays: New Yea�s Day Martin Luther King Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Day January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25 15.2 When New Year's Day, Independence Day or Christmas Day faiis on a Sunday, the following Monday shail be considered the designated holiday. When any of these three (3) holidays falis on a Saturday, the preceding Friday shail be considered the designated holiday. 15.3 The nine (9) holidays shall be considered non-workdays. 15.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, empioyees may be scheduled or "ca�fed back" in accordance with Articie 10, Cati Back. 15.5 Employees calied in to work on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 15.6 If Martin Luther King, Jr. Day or Presidents' Day falls on a day when schooi is in session, the employee shall work that day at straight time and another day shall be designated as the hoiiday. This designated holiday shali be a day determined by agreement between the employee and his supervisor. 15.7 If Martin Luther King Jr. Day, Presidents' Day or the Day After Thanksgiving falls on a day when school is not in session, that day will normally be an unpaid holiday. If the Empioyer schedules work on such days, employees wili be offered an opportunity to work that day at the straight-time rate and will not be required to take another day off to replace the hofiday. If the employee is cafled in on such day, they wi(f be called in accordance with Article 10 and paid as in 15.5. � � � 0 t�l-1 R� �J i ARTICLE 16. DISCIPLINARY PROCEDUftES 16.1 The Employer shall have the right to impose disciplinary actions on employees for just cause. 16.2 Disciplinary actions by the Employer shaii include oniy the following actions: �6.2.1 Oral reprimand; 16.22 Written reprimand; 16.2.3 Suspension; 16.2.4 Demotion; 162.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shall have the right to request that such actions be considered a°grievance" for the purpose of processing through the provisions of Article 22, Grievance Procedure); as an alternative option, such employee can request review by the Civil Service Commission or a designated Board of Review, consistent with Minnesota Statute § 179A20, Subd. 4. Once an empioyee, or the Union acting in the employee's behalf initiates review in one forum, the matter shall not be again reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. 16.4 From the time of a documented disciplinary action of an employee, if no further instances of documented discipline occur for twenty-four (24) months, the record of aii disciplinary action will not be referred to in future disciplinary matters. This does not include matters under Titie 7 and the Minnesota Human Rights Act. if multipie disciplinary actions have been taken over a period of time, as long as any one action is within twenty-four (24) months o( the most recent action, then afi events may be referred to in other discipiinary actions. ARTICLE 17. ABSENCES �ROM WORK 17.1 Employees who are unable to report for their normai workday have the responsibility to notify their supervisor of such absence as soon as possibie, but in no event later than the beginning of such workday. 172 17.3 �ailure to make such notitication may be grounds for discipline as provided in Article 18, Disciplinary Procedures. Failure to report for work without notification for three (3) consecutive normal workdays may be considered a`quit" by the Employer on the part of the employee. • D/-/ 9� ARTICLE 18. SENIORITY � 18.1 Seniority, for the purposes of this Agreement, shall be defined as follows: 18.1.1 "Master Seniorit�' - The length of continuous regular and probationary service with the Empfoyer from tfie last date of emp(oyment in any and al( ctass fifies covered by this Agreement. 18.12 "Cfass Seniorit�' - 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. 18.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granied because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 18.3 Seniority shaii terminate when an empioyee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer that it is necessary to reduce the workforce, empioyees will be laid off by class titie within each department based on inverse length of "Class Seniority." Recall from layoff shall be in inverse order of layoff, except that recaii rights shall expire after two years of layoff. 18.5 The selection of vacation periods shail be made in class title based on length of "Ciass Seniority," subject to the approval of the Employer. � • 10 or ��3 • ARTICLE 19. JURISDICTION 19.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of the Employer. 192 The Employer agrees to be guided in the assignment of work jurisdiction by any mutuai agreements between the unions involved. 19.3 In the event of a dispute conceming the pertormance or assignment of work, the unions involved and the Empioyer shall meet as soon as mutuaily possibie to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accompiish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clar'rfied by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article 16, Discipiinary Procedures. 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20. SEPARATION FROM EMPLOYMENT � 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 20.1.1 Resiqnation. Employees resig�ing from employmeM shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.1.2 Discharqe. As provided in Article 16. 20.1.3 Failure to Reoort for DuN. As provided for in Article 17. 202 Employees having a temporary employment status may be terminated at the discretion of the Employer before the completion of a norma{ workday. ARTICLE 21. TOOLS 21.1 Afi employees shall personally provide themselves with the toois of the trade as listed in Appendix E. • 11 ai-� %� ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shail recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shali notify the Employer in writing of the names of the Stewards and of their successors when so named. 222 It is recognized and accepted by the Empioyer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Sfeward 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 not'rfied and received the approval of their supervisor to be absent to process a grievance and that such absence woufd not be detrimentat to fhe work programs of the Empfoyer. 22.3 The procedure estabiished by this Article shall, except as previously noted in Article 16, Disciplinary Procedures, be the sole and exclusive procedure, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 22.4 Grievances shal! be resolved in conformance with the fo!lowing procedure: � Step 1. Upon the occurrence of an alleged violation of this Agreement, the empioyee involved shall attempt to resoive the matter on an informal basis with the employee's supervisor. If the matter is not resofved to the emp(oyee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shail 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 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 o( reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Steo2. Within seven (7) calendar days after rece"rving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resoive the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shali reply in writing to the Union within three �J} CaiQi�u'8i ua'y8 iiriivriiAy i �i}22:;:1y^. �:;B :.�:,30.^, .^.l2� rg�or (ho �rigYanGg i� 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 EmployePs answer shall be considered waived. • 12 �l-193 � ARTICLE 22. GRIEVANCE PROCEDURE (continued) Steo 3. Within seven (7) calendar days foilowing 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 shaii reply in writing to the Union stating the Employe�'s answer conceming the grievance. if, as a resutt of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by ihe Union to Step 4 within seven (7) catendar days following receipt of the Empioyer's answer shall be considered waived. Step 4. If the grievance remains unresoived, 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 Empioyer and the Union within seven (7) calendar days after notice has been given. If the parties faii to mutuaily agree upon an arbitrator within the said seven (7)- day period either party may request the Bureau of Mediation Services to submit a panel of five (5) arbftrators. Both the Empioyer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, nuilify, ignore, add to or subtract from the provisions of this Agreement. 'fhe arbitrator sha{I 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 arbftrator shall be � without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of iaws, rules or regulations having the force and effect of law. The arbitrato�'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 shail 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 empioyees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be bome equally by the Employer and the Union, provided that each party shali be responsible for compensating its own representative and witnesses. If efther party cancels an arbitration hearing or asks for a last-minute postponement that leads to the arbitrator's making a charge, the canceiing party or the party asking for the postponemerrt shafl pay this charge. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutuai agreemeni of the Employer and the Union. • 13 oi-� 9� ARTICLE 23. RIGHT OF SUBCONTRACT 23.1 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 workforce covered by this Agreement, the Employer shall give the Union a ninety (90)- calendar day notice of the intention to subcontract. 232 The subcontracting of work done by the empioyees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NON-DISCRIMINATION 24.1 The terms and conditions of this Agreement will be applied to empioyees 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. � 24.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the generai pubiic. ARTICLE 25. SEVERABILITY � 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative or 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 effect. 252 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. • 14 0�-�93 � ARTICLE 26. WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resutted in this Agreement, each had the right and opportunity to make proposals wdh respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by fhe parties after the exercise of this right are fully and compietety set forth in this Agreement. 262 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shail not be obligated to meet and negotiate over any term or conditions of employment whether spec"rfically covered or not specificatiy covered by this Agreement. The Union and Employer may, however, mutuaily agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of empioyment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 27. MILEAGE - INDEPENDENT SCHOOL DISTRICT NO. 625 27.1 Employees of the School District, under policy adopted by the Board Education, may be reimbursed for the use of their automobiles for school business. The mileage ailowance for eligible employees shall be 31 � per mile, or such higher rate as may be established at � the discretion of the Board. An employee must keep a record of each trip made. Reimbursement shall be for the actual mileage driven in the performance of assigned duties as verified by the appropriate schooi district administrator and in accordance with School District Business Office policies and procedures. • 15 oi-/9.,� ARTICLE 28. MATERNITY LEAVE � 28.1 Matemitv Leave. Matemity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as detertnined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the empioyee may apply for leave without pay at any time during the period stated above and the employer may approve such leave at its option, and such ieave may be no longer than one (1) year. ARTICLE 29. REQUIRED TRAfN1NG 29.1 If the District requires and in writing directs an employee to attend spec'rfied training or educational classes outside the normal workday, the employee shall be paid for the hours actually spent in attendance at such classes, at the basic hourly pay rate. The employee wiil be required to provide ver'rfication of actuai attendance and satisfactory completion of the training unit, or series. Training taken at the employee's option will not qualify for pay under this provision. � • 16 o / -1 93 � • ARTICLE 30. DURATION AND PLEt7GE 30.1 302 This Agreement shaii become effective as of May 1, 2000, and shali remain in effect through the 30t1i day ot April, 2003, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 302. H either party desires to tertninate or modify this Agreement effective as of the date of expiration, the party xrishing to modify or terminate the Agreement shaii give written notice to the other party, not more than ninety (90) or less than sixty (60) caiendar days prior to the expiration date, provided that the Agreement may onfy be so tertninated or modified affective as of tha expiration date. 30.3 In consideration of the terms and conditions of employment estabiished by this Agreement and ihe rer,ognition that the Grievance Procedure herein established is the means by which grievances conceming its appiication or interpretation may be peacefully resolved, the parties hereby pledge that during the tertn of the Agreement 30.3.1 30.32 30.3.3 The Union and the employees will not engage in, instigate or condone any concerted action in which employees faii to report for duty, wilHully absent themseives from work, stop work, siow down their work or absent themselves in whole or part from the full, faithfui performance ot their duties of empfoyment. The Employer will not engage in, instigate or condone any lockout of employees. This constitutes a tentative Agreement batween the paRies which wi44 be recommended by the Negotiations/Labor Relations Manager, but is subject to the approval of the Board of Education and is also subject to ratification by the Union. 7he parties agree and attest that this Agreement represents the fuii and complete understanding of the parties for the period of time herein spec'rfied by the signature of the following representatives for the Employer and the Union. W ITNESSES: INDEPENDENT SCHOO� DISTRICT NO. 625 � Chair, Be rd of Education Manager BROT4iERHOOD OF RI�ERS, l CAL 110 � �� Date . Assistant ana er ��/ V� Date 17 e / -/ 9�3 � Appendices � � 19 oi-�9� APPENDIX A follows: The classes of positions recognized as being exciusively represented by the Union are as Generai Lead Electrician Lead Electrician Masier Electrician Master Building Controls Electrician Electrician Building Controls Electrician Apprentice Electrician and other classes of positions that may be established by the Employer where the scope of the work duties and responsibilities assigned comes within the jurisdiction of the Union. � � • 20 ot -�93 • APPENDIX B For ail normai work weeks established pursuant to the provisions of Article 8 of this contract, which includes Sunday, the foliowing provisions shall apply and govem: 1. Aii regular electricians empioyed prior to January 1, 1976, shali be offered assignment to the work week on a seniority basis, and alI such employees shall have the right to refuse assignment to the work week. This reSusal is subjeet to the prov+sions listed below. 2. Afi regular eleetricians employed subsequent to January 1, 1976, may be assigned to vacancies in this workweek. 3. All regular electricians shal{ have the right to bid on and obtain assignment of a position occupied by an electrician with lesser class seniority within thirty (30) calendar days from the date that said position was last filled. 4. Any regular electrician may be assigned, on a temporary basis, to the work week to replace an electrician who is absent because of vacation, iilness, paid military leave, jury duty or any other {eave acceptab{e to both parties. These temporary assignments shali be made on the basis of seniority and in no instance shall any one employee be required to work on such temporary basis for more than fifteen (15) workdays or the total temporary assignment to exceed ninety (90) workdays. � • 21 O/-/ I�3 APPENDIX C C1. The total hourly cost to the Employer for wages plus any and ail contributions or deductions stated in Appendix D of this Agreement shall not exceed the following amounts: Electrician Buiiding Control Electrician �ead Electrician Master Eiectrician Master Buildirtg Conirols - Electrician General Lead Electrician Effective 4/22/00 $39.37 39.37 41.69 41.69 41.69 42.85 Effective 5/4/01 $41.57 41.57 43.89 43.89 Effective 5/3/02 �� .. .� 43.89 `� 45.05 �� C2. The totai taxable hourly rate including wages and the vacation contribution in Appendix D and excluding aii other benefit costs and obiigations in Appendix D, for regular and probationary empioyees appointed to the following classes of positions and who are not covered by the Employer's benefit package described in Article 122 shali be as foilows: Electrician Building Control Electrician Lead Electrician Master Electrician Master Building Controls - Electrician General Lead Electrician Effective 4/22l00 $29.35 29.35 31.50 31.50 , ., �. KY�.�;' Effective 5/4/01 + � : . : � Effective 5/3/02 �. �: .� �� :. :. � Note: The May 4, 200�, houriy rates in Appendices G2 shall be determined at a later date basetl on the allocation agreed to by the Employer and the Union of the May 4, 2001, tot21 hourly cost siated in Appendix C-1. �'� Note: The May 3, 2002, hourly rates in Appendices Ct, C2, C2A and C3 shaii be detertnined at a later date based on the allocation agreed to by the Employer and the Union of the May 3, 2002, total hourly cost detertnined for the third year wage re-opener. � � • 22 p / -/93 � • APPENDIX C (continued) C2A. The basic hourly wage rates in this Appendix (C2A) are for comaensation anal sis purposes oniv. These figures represent the portion of the Appendix C7 rates above spec'rficaily allocated to wages. These rates do NOT include taxable contributions and therefore shoutd NOT be used for taxabie payrolt calculations. See Appendix C2 above for total taxable payroll information. Effective Effective Effective 4/22/00 5/4/01 5/3/02 Electrician Buiiding Control EleCtrician Lead Electrician Master Electrician Master Building Controis - Electrician General Lead Electrician $25.97 25.97 27.88 27.88 27.88 28.83 : .. : �. : .: > .: . :. * .. C3. The total taxable hourly rate inciuding wages and the vacation contribution in Appendix D for temporary employees appointed to the foilowing classes of positions shall be: Eftective Effective Effective 4/22/00 5/4/01 5/3/02 Electrician $30.83 ` �� Building Control Electrician Lead E(ectrician Master Electrician Master Building Gontrols - Electrician General Lead Electrician 30.83 33.09 33.09 33.09 34.22 � �. � �� .. , .. . �� If a temporary employee working in a title listed in this Appendix C3 becomes subject to the requirements of the Public Employees Retirement Act (PERA), which thereby requires the Employer to make contributions to PERA, the calculated houriy base rate may change so the EmployePs cost does not exceed the amounts listed in Ci above. Genera( �ead Electrician-In-Gharae Premium: For those employees assigned to perform the function of General Lead Electrician-in-Charge, including supervising other Lead Electricians, overseeing projects and providing scheduling and direction, the rate of pay will be equivaient to the applicabte rate shown for Generat �ead ElectriCian in Appendix C1, C2, G2A or C3. Benefits will be as shown in Appendix D. �Note: The May 4, 2001, hourly rates in Appendices C-2A shall be detertnined at a iater date based on the allocation a9reed to by the Employer and the Union of the May 4, 2001, total hourly cosi stated in Appendi�c C-t. � �� Note: The May 3, 2002, houAy rates in Appendices Ct, C2, G2A and C3 shali be determined at a later date based on the allocation agreed to by the Employer and the Union of the May 3, 2002, total houdy cost tletermined for the third year wage re-opener. 23 oi-/9,� APPENDIX C (continued) C4. The basic hourly wage rates for the Appreniice class of pasitions: This Section is held open for the addition of appropriate Apprentice rates according to the St. Paul All-Chapter NECA and IBEW Local 110 in the event the Empioyer initiates the employment of Apprentices. C5. General items If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the rates in Appendix C, Sections C2 through C4 in such a way that the total cost of the package (wage rate plus contributions) remains constant and does not exceed the amounts shown in Appendix C, Section C1. The total cost to the Employer for compensation (wages and fringes) received by employees covered by this Agreement shaii be equivalent in money to the total package paid by the employer to employees in comparable classifications in the Agreement between Local 110 and the National Electrical Contractors Association (NECA). in the event Local 110 and NECA amend their bargaining agreement to provide for either a wage or benefit freeze or reduction during the period of this Agreement, such freeze or reduction shall be immediatety applicable to the total compensation paid to employees covered by this Agreement. The totai package cost shall exciude any costs of payments made for industry promotion andlor advertisement or any other purposes not direcily and clearly beneficial to the public empioyer. Shift Differential For employees who work on a regularly-assigned shift beginning earlier than 6:00 a.m. or ending later than 6:00 p.m., provided that at least five (5) hours of the shift are worked between the hours of 6:00 p.m. and 6:00 a.m., there shail be paid a night differential for the entire shift. For employees who work on a regularly-assigned shift beginning eariier than 6:00 a.m. or ending tater than 6:00 p.m., but less than five (5) hours of the shift are worked between the hours of 6:00 p.m. and 6:00 a.m., there shall be pafd a night differential for the hours worked befween fhe hours of 6:00 p.m. and 6:00 a.m. The night differential shall be 5% of the base rate, and shall be paid oniy for those night shifts actually worked. � • . 24 D l ! 93 � APPENDIX D Effective Aprii 22, 2000, the Employer shaii forvvard the amounts designated in this Append'a D for empioyees covered by this Agreement to deQositories as directed by the Union and agreed to by the Employer: (1a) For regular emp(oyees, l3% of the Appendix C2A wages only rate per hour for all hours worked from which ail appropriate payroll deductions have been made to a Union-designated Vacation Fund. (1b) For temporary employees, 13% of the Appendix C3 rate per hour for all hours worked from which ail appropriate payroll deductions have been made to a Union- designated Vacation Fund. • • �2) (3) (4) (5) (6a) (6b) (�) ($1 $3.38 per hour for aii hours worked to a Union-designated Health and Welfare Fund. $1.43 per hour for ail hours worked to a Union-designated Pension Fund. $1.40 per hour for ali hours worked to a Union-designated Annuitv Fund. $1.05 per hour for all hours worked to a Union-designated Reserve Trust Fund. For regular employees, 3% of the Appendix C-2A wages only rate per hour for all hours worked to a Union-designated National Emplovees Benefit Fund (N.E.B.F.1. For temporary empioyees, 3% of the Appendix C-3 rate per hour for all hours worked to a Union-designated National Emplovees Benefit Fund (N.E.B.F.1. $.iQ per hour for ail hours worked to a Union-designated Labor Manaaement Cooperative Committee Fund. $.36 per hour for all hours worked to a Uniorndesignated A�renticeshio Fund. 2s �/-/ 9� APPENDIX D (continued) For aII employees, the Employer shail make legally established non-negotiated pension � contributions for all appropriate empioyees to PERA. Changes in the mandated PERA rate may change the calculated hourly base rate of pay so the Empioye�'s cost does not exceed the amounts listed in C1 above. For all empioyees, the Empioyer shali deduct the empioyee's FICA withholdings as appropriate from totai taxabie wages as required. The Employer shall deduct the employee's appropriate Federal and State income tax wtthholdings, PERA deductions, and any other Iegally established obligation as required from all rates established in Append�c C except for rates in C2A, which are not used for payroll purposes. All contributions made in accordance with this Appendix D shall be deducted from and are not in addition to the amounts shown in Appendix C1. The Appendix D amounts shall be forwarded to depositories as directed by the Union and agreed to by the Empioyer. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Employees covered by this Agreement shall not be eiigible for, govemed by or accumulate vacation, sick leave, holiday, funeral leave, jury duty or insurance fringe benefits that are or may be established by Personnei Rules, Councii Ordinance or Council Resoiutions. The EmployePs fringe benefit obiigation to employees is limited to the contributions andlor deductions established by this Agreement. The actual levei of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Empioyer has forwarded contributions and/or deductions. • � Z6 p i / �3 • APPENDIX E - REQUIRED TOOLS Pocket Tool Pouch and Bett 6' Rule 9" or 10" Aluminum Level 8° Side Cutters Crimping Tooi 10" Crescent Wrench Combination of Box-Open-End W renches 3/8" - 3/4" Socket Set of Equivalent Sizes Cold Chisel and Center Punch Taps 6/32 - 8/32 - 10/32 - 10/24 -'- /20 Drills - In Accordance With Tap sizes 9/32 and 3/8 Tap Wrench File Rasp 12" 1/2 Round and Rat-Tail Hack Saw 12" blade Screwdrivers 4" - 8" - 12" Reg. Slot and 4" and 6" Phillips Flashiight Tester, 600 v. Solenoid Type Combination Square Knife Long-Nose Piiers Diagonai-Cutting Pliers 2 pair Channel Locks AI{en Wrenches Hammer, Ball Peen Scratch Awl • Fuse Puller 25' Steei Tape Measure Chalk-Line Piumb Bob and Line Wire Stripper for standard wire sizes Tool Box to hoid the above tools The Employer shall furnish ait other necessary tools or equipment. Empioyees wili be responsible for tools or equipment issued to them, providing the Employer furnishes the necessary lockers, °gang box° or other safe place for storage. The Employer shall be responsible for checking to see that employees possess the tools specified above in proper working order. Replacement ciaims wilf be honored only for acceptabie tools checked by the Employer. The Employer shai{ replace with simi4ar tools of equai value and quality any of the above- listed tools which are turned in by a regularly appointed employee which are no longer serviceable because of wear or breakage. The Employer shali replace with similar tools of equal value and quality any of the above- listed tools which are turned in by a temporary appointed employee which are no longer serviceabie because of wear or breakage providing the employee has been employed for nine (9) continuous months or more. � 27