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271942 WHITE - C�TV CLERK ^ PINK - FINANCE COUIICIl • ` � GANARV - OEPARTMENT GITY OF SA�INT PAUL 2LUE _.r. MAVOR File NO. ���'��,�- � r Council Resolution Presented By Referred To Committee: Date Out of Committee By Date An administrative Resolution approving the terms and conditions of the 1978-80 Maintenance Labor Agreements between the City of St. Paul, Independent School District No. 625, and the Unite.d Slate and Tile and Composition Roofers, Damp and Waterproof Workers Association, Local 96. WHEREAS, the Council, pursuant to the provisions of Section 12. 09 of the St. Paul City Charter and the Public Employees Labor Relati�ns Act of 1971, as amended, recognizes the United 51ate and Tile and Composition Roofers, Damp and Waterproof Workers Association, Local 96, as exclusive representative for those classes of positions within the City of St. Paul cer- tified by the Bureau of Mediation services under Case No. 73-PR-511-A for the purpose of ineeting and negotiating the terms and conditions of employment for all full-time personnel in the classes of positions as set forth in the Agreements between the City and the exclusi,ve representative hereinabove referenced; and WHEREA5, the City and Independent School District No. 625, through designated representatives, and the exclusive representative have met in good faith and have negotiated the terms and conditions of employment for the period May 1, 1978, through April 30, 1981, for such personnel as are set forth in the Agreements between the City of St. Paul, Independent School District No. 625, and the exclusive repre sentative s; and WHEREAS, 1978-80 Agreements have been reached which include a wage adjustment retroactive to May 1, 1978; now, therefore, be it -1- COUIVCILMEN Requested by Department of: Yeas Nays Butler [n Favor Hozza Hunt Levine _ __ Against BY — Maddox Showalter Tedesco Form Approved by City Attorney Adopted by Council: Date Certified Yassed by Council Secretary BY By 6lpproved by (Vlavor: Date _ Approved by Mayor for Submission to Council BY - – — BY N/HITE - CITV CLERK PINK - FINANCE COIIIICII �Qg CANARY - DEPARTMENT G I TY OF SA I NT PAU L 1 � C ��� �"dLUE r MAYOR FI1C NO. �� '• � -•����� � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Mai.ntenance Labor Agreements, cited above, dated as of the effective date of this Resolution, between the City of St. Paul, Independent School District No. 625, and the United Slate and Tile and Composition Roofers, Damp and Waterproof Workers Association, Local 96, on file in the office of the City Clerk, are hereby approved, and the authorized administrative officials of the City are hereby authorized and directed to execute said Agreements on behalf of the City. Approved: i Chairman Civil Service Com ' sion -2- COUNCILMEN Requested by Department of: Yeas Nays � Ho�- � [n Favor Hunt � Levine � __ Against BY ��`� ` -�14a�eic Showalter �T8 Adopted bydC u�ncil: Date �y' , 9 Form Ap City ttotcy � Certifie •Ssed by Cou .' Sec ry BY sy ` OCT' 2 6 1AT8 t� d by ;Vlavor: Ap ed by Mayor for ' sion to Council g _ B r - � �(� �'� F�y�� _?'�.�.+ 1978-79-80 MAINTENANCE LABOR AGREEMENT - between - THE CITX OF SAINT PAUL - and - UNITED SLATE AND TILE AND COMPOSITION ROOFERS, DAMP AND WATERPROOF WORKERS ASSOCIATION, LOCAL 96 I N D E X ARTICLE TITLE � PAGE Preamble iii I Purpose 1 II Recognition 2 III Employer Rights 3 IV Union Rights 4 V Scope of the Agreement 5 VI Probationary Periods 6 VII Philosophy of Employment and Compensation 7 VIII Hours of Work $ IX Overtime 9 X Call Back 10 XI Work Location 11 XII Wages 12 XIII Fringe Benefits 14 XIV Selection of Foreman and General Foreman 15 XV Retirement . 16 XVI Holidays 17 XVII Disciplinary Procedures 18 XVIII Absences From Work 19 XIX Seniority 20 XX JurisdicCion - 21 XXI Separation 22 XXII Tools 23 XXIII Grievance Procedure Z4 XXIV Right of Subcontract 28 XXV Non-Discrimination 29 XXVI Severability 30 XXVII Waiver 31 XXVIII Mileage 32 XXIX Duration and Pledge 33 Appendix A A1 Appendix B B1 Appendix C Cl Appendix D D1 - ii - P R E A M B L E This AGREEMENT is entered into on this day of , 1978 betwe�n the City of Saint Paul, hereinafter referred to as the EMPLOYER, and the United Slate and TiZe and Composition Roofers, Damp and Waterproof Workers Association, Roofers Local 96, hereinafter referred to as the UNION. The EMPLOYER and the UNION concur that this AGREEMENT has as its objective the promotion of the responsibilities of the City for the benefit of the general public through ,effective labor-management cooperation. The EMPLOYER and the UNION both realize that this goal depends not only on the words in the AGREEMENT, but rather primarily on attitudes between peopTe at all levels of responsibility. Constructive attitudes of the EMPLOYER, the UNION, and the individual employees will best serve the needs of the general public. - iii - ARTICLE I - PURPOSE 1.1 The EMPLOYER and the IINION agree that the purpose for entering into this AGREEMENT is to: 1.11 Achieve orderly and peaceful relations, thereby estab- lishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; 1.12 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the EMPLOYER and the UNION; 1.I3 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this AGREEMENT without, loss of manpower productivity. 1.2 The EMPLOYER and the UNION agree that this AGREEME� serves as a supplement to legislation that creates and directs the EMPLOYER. I� any part of this AGREEMENT is in conflict with such Iegislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 26 (SEVERA.BILITY) . - 1 - ARTICLE II - RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisional, temporary, and emergency employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case N0. 73-PR-511-A dated May 11, 1973. 2.2 The classes of positions recognized as being exclusively represented : by the UNION are as listed in Append3x A. - 2 - ARTICLE III - EMPLOYER RIGHTS 3.1 The EMPLOYER retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 3.2 Any "term or condition of employment" not established by this AGREEMENT sha.11 remain with the EMPLOYER ta eliminate, modify, or establish following written notification to the UNION. - 3 - ARTICLE IV - UNION RIGHTS 4.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies deducted shall be remitted as directed by the UNION. 4.11 The' EMPLOYER shall not deduct dues from the wages of employees covered by this AGREEMENT for any other labor organzzation. 4.12 The UNION shall indemnify and save harmless the EMPLOYER from any and all claims or charges made against the EMPLOYER as a result of the i.mplementation of this ARTICLE. 4.2 The UNION may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the EMPLOYER in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 23 (GRIEVANCE PROCEDURE) . 4.3 Upon notification to a designated EMPLOYER supervisor, the Business Manager of the UNION, or his designated representative shall be permitted to enter the facilities of the EMPLOYER where employees covered by this AGREEMENT are working. - 4 - ARTICLE V - SCOPE OF THE AGREEMENT 5.1 This AGREEMENT establishes the "terms and conditions of employment" defined by M.S. 179.63, Subdivision 18 for all employees exclusively represented by the UNION. This AGREEMENT shall supercede such "terms and con3itions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. - 5 - ARTICLE VI - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) month's probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.11 At any time during the probationary period an employee may be terminated at the discretion of the EMPLOYER without appeal to the provisions of Article 23 (GRIEVANCE PROCEDURE) . 6.12 An employee terminated during the probatinnary period shall reeeive a written notice of the reasons(s) for such termination, a copy of which shall be sent to the UNION. 6.2 All personnel promoted to a higher class of positions shall serve a six (6) months' promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.21 At any time during the promotional pZObationary period an employee may be demoted to the employee's previously held class of positions at the discretion of� the EMPLOYER without appeal to the provisions of Article 23 (GRIEVANCE PROCEDURE). 6.22 An employee demoted during the promotional probationary period shall be returned to the employee's previously held class of positions and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the UNION. - 6 - ARTICLE VTI - PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The EMPLOYER and the UNION are in fu11 agreement that the philosoghy of employment and compensation shall be a "cash" haurly wage and "industry" fringe benefit system. 7.2 The EMPLOYER shall compensate employees for a1Z hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Article 12 (WAGES) and 13 (FRINGE BENEFITS). 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this AGREEMENT; except those employees who have individually optioned to be "grandfathered" as provided by 12.2. - 7 - AR��CI,� VZZI - HOURS OF WORK �`j (] ��i � ! �.�_f,�:� 8.1 The normal work day shall be eight (8) consecutive hours per day, excludiag a thirty (30) m�.nute unpaid lunch period, between 7:00 a.m. and 5:3d p.n. 8.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER`S judgment to establish second and third shifts or a work week of other t�an Monday through Friday, the UNION agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This section shall not be construed as, and is not a guarantee of, any hours of work per norma.l work day or per normal work week. 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the estab�ished starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.6 All emgloyeas are subject to call-back by the EMPLOYER as provided by Article 10 (CALL BACK) . 8.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. - 8 - ARTICLE IX - OVERTIME 9.1 Overtime. Time oa the payroll in excess of the normal hours set forth above shall be "overtime work" and sha11 be done only by order of the head of the department. An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time- and-one half basis or by being paid on a time-and-one-half basis for such overtime work. The basis on which such overti.me shall be paid shall be determined solely by the EMPLOYER. 9.2 The overtime rate of one and one-half (1�) times the basic hourly rate shall be paid for work performed under the following circumstances: 9.21 Time work in excess of eight (8) hours in any ane normal work day and 9.22 Time worked on a. �ixth (6th) day following a normal work week. 9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the following circumstances: 9.31 Time worked on a holiday as defined in Article 16 � (HOLIDAYS) , except as provided in 16.6, 9.32 Time worked on a seventh (7th) day following a normal work week; and 9.33 Time worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour period, provided that all "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (I�). 9.4 For the purposes of calculating overtime compensation, overti.me hours worked shall not be "pyramided", compounded, or paid twice for the same hours worked. _ 9 _ ARTICLE X - CALL BACK 10.1 The EMPLOYER retains the right to call back employees before an employae has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 10.2 Employees called back shall receive a minimum of four (4) hours pay at the basic hourly rate. 10.3 The hours worked based on a ca1Z-back shall be compensated in accordance with Article 9 (OVERTIME), when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the:normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIriE) . - 10 - ARTICLE XI - WORK LOCATION 11.1 Employees shall report to work location as assigaed by a designa.ted EMPLOYER supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the EMPLOYER. 11.2 Employees assigned to work locations during the normal work day, other than their original assignment, and who are required to furnish their own transportation shall be compensated for mileage. 11.3 All employees appointed after January 1, 1976, would be required to reside in the City of Saint Paul within one year of their appointment, and thereafter would be required to remain within the City limits as long as they were employed by the City of Saint Paul. 11.4 This residency requirement shall apply to unclassified employees as well as classified employees.. 11.5 Applicants for positions in the City of Saint Paul will not be required to be residents of the City of Saint Paul. 11.6 Employees failing to meet the residency requirement will be subject to termination and a hearing process shall be established to determine whether the residency requirement was met. - 11 - ARTICLE XII - WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours w�rked by an employee. 12.2 Employees who are covered by the fringe benefits listed below shall continue to be covered by such benefits. They shall be subject to a1Z other provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.21 Insurance benefits as established by City of Saint Pau1 � Resolutions. 12.22 Sick Leave as established by Resolution No. 3250, Section 35, Subdivision E. 12.23 Vacation as established by Resolution No. 6446, Section 2, Subdivision F. M 12.24 Nine (9) legal holidays as established by Resolution No. 6446, Section 1, Subdivision G. 12.25 Severance benefits as established by Ordinance No. 11490 with a maximum payment of $4,000. 12.26 The EMPLOYER will for the period of this AGREEMENT provide for employees working under the titles as listed in Appendix A who retire after the time of execution of this AGREEMENT or who have retired since September 1, 1974, and until such employees reach sixty-five (65) years of age such life, hospital and medical insurance benefits as are provided by the EMPLOYER. - 12 - ARTICLE XII - WAGES (continued) 12.27 In order to be eligible for the benefits under the provision of 12.26 the employee must: 12.27.1 Be receiving benefits from a public employee retiree act at the time of retirement. 12.27.2 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 12.27.3 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 12.3 Regular employees not covered by the fringe benefits listed in Article 12.2 shall be considered, for the purposes of this AGREEMENT, participatiag employees and shall be compensated in accordance with Article 12.1, (WAGES) and ha.ve fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.4 Provisional, temporary and emergency employees shall be considered, for the purpose of this AGREEMENT, participating employees and shall be comgensate� in accordance with Article 12.2 (WAGES) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.5 All regular employees employed after February 15, 1974, shall be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . - 13 - ARTICLE XIII - FRINGE BENEFITS 13.1 The EMPLOYER shall make contributions on behalf of and/or make deductions from the wages of employees covered by this AGREEMENT in accordance with Appendix D for all hours worked. - 14 - ARTICLE XIV - SELECTION OF FOREMA,.� AIv'D GENERAL FOREMAN 14.1 The selection of personnel for the class of position of Foreman shall remain solely with the E1�iPL0YER. 14.2 The class of position of Foreman shall be filled by employees of the bargaining unit on a "temporary assignment". 14.3 All "temporary assignments" sha11 be made only at the direction of a designated EMPLOYER supervisor. 14.4 Such "temporary assigrnnents" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day. - 15 - ARTICLE XV - RETIREMEDIT 15.1 Al1 employees shall retire from employment with the II�IPLOYER no later than the last calendar day of the month in which an employee becomes sixty-five (65) years old. - 16 - ARTICLE XVI - HOLIDAYS 16.1 The following nine (9) days shall be designated as holidays: New Year's Day, January 1 Presidents` Day, Third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Columbus Day, second Monday in October Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 16.2 When New �ear's Day, Independence Day, or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 16.3 The nine (9) holidays shall be considered non-work days, 16.4 If, in the �udgment of the EMPLOYER, personnel are necessary for operating or emergency.reasoas, employees may be scheduled or "called back" in accordance with Article X (CALL BACK) . 16.5 Employees working on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. - 17 - ARTICLE XVII - DISCIPLINARY PROCEDURES 17.1 The EMPLOYER shall have the right to impose disciplinary actions on employees for just cause. 17.2 Disciplinary actions by the EMPLOYER shall include only the following actions: 17.21 Oral repri.mand 17.22 Written reprimand 17.23 Suspension 17.24 Demotion 17.25 Discharge 17.3 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Board of Review. The Civil Service Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appeal of a suspension, demotion, or discharge shall be considered a "grievance" for the purpase of processing through the provisions of Article 23 (GRIEVANCE PROCEDURES) . - 18 - ARTICLE XVIII - ABSENCES FROM WORK 18.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 18.2 Failure to make such notification may be grounds for discipline as provided in Article 17 (DISCIPLINARY PROCEDURES) . 18.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a "quit" by the EMPLOYER on the part of the employee. - 19 - ARTICLE XIX - SENIORITX 19.1 Seniority, for the purposes of this AGREEMENT, shall be defined as follows: 19.11 "Master Seniority" - the length of continuous regular and probationary service with the EMPLOYER from the last date of employment in any and all class titles covered by this AGREEMENT. 19.12 "Class Seniority" - the length of continuous regular and probationary service with the EMPLOYER from the date an employee was first appointed to a class title covered by this AGREEMENT. 19.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclas- sified service of the EMPLOYER or to an elected or appointed full-time position with the UNION. 19.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 19.4 In the event it is determined by the ErfPLOYER that it is necessary to reduce the work force employees will be laid off by class title within each Department based on inverse length of "Class Seniority". Employees laid off shall have the right to reinstatement in any lower-paid class title, provided, employee has greater "Master Seniority" than the employee being replaced. 19.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", subject to the approval of the II�IPLOYER. - 20 - ARTICLE XX - JURISDICTION 20.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of the EMPLOYER. 20.2 The EMPLOYER agrees to be guided in the assignment of work 3nrisdiction by any mutual agreements between the unions involved. 20.3 In the event of a dispute concerning the performance or assignment of work, the unions ineolved and the EMPLOYER shaZl meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the EMPLOYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict the EMPLOYER'S basic right to assign work. � 20.4 Any employee refusing to perform work assigned by the EMPLOYER and as clarified by Sections 20.2 and 20.3 above shall be subject to disciplinary action as provided in Article 17 (DISCIPLINARY PROCEDURES) . 20.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. - 21 - ARTICLE XXI - SEPARATION 2.1.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 21.11 Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 21.12 Retirement. As provided in Article 15. 21.13 Discharge. As provided in Article 17. 21.14 Failure to Report for Duty. As provided in Article 18. 21.2 Employees having an emergency, temporary, or provisional employment status may be terminated at the discretion of the EMPLOYER before the completion of a normal work-day. - 22 - ARTICLE XXII - TOOLS 22.1 All employees shall personally provide themselves with the tools of the trade as Iisted in Appendix B. - 23 - ARTICLE XXIII - GRIEVANCE PROCEDURE 23.1 The II�LOYER shall recognize Stewards selected in accordance with UNION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the names of the Stewards and of their successors when so named. 23.2 It is recognized and accepted by the II�LOYER and the UNION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work prograns of the EMPLOYER. 23.3 The procedure established by this ARTTCLE shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 17.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. 23.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged vio�ation Qf this AGREEMENT, the employee involved shall attempt to resolve the matter on an znformal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced - 24 - ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) to writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the relief requested. Any 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 ar within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shalZ be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a designated EMPLOYER supervisor shall meet with the UNION Steward and attempt to resolve the grievance. Zf, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UNION within three (3) calendar days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER`S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. - 25 - ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) Step 3. Within seven (7) calendar days .following receipt of a grievance referred from Step 2 a designa.ted EMPLOYER supervisor shall meet with the UNIQN Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the EriPLOYER shall reply in writing to the UNION stating the �'IPLOYER`S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred to in writing by the UNION to Step 4 within seven (7) calendar days followi.ng receipt of the EMPLOYER'S answer sha11 be considered waived. Step 4. If the grievance remains unresolved, the UNION may within seven (7) calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER, re- quest arbitration of the grievance. The arbitration pro- ceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the 13NION within seven (7) calendar days after notice has been given. If the parties fail to mutually agrea upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relation Board to submit a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION shall strike the first (lst) name; the EMPLOYER shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. - 26 - - ARTICLE XXIII - GRIEVANCE PROCEDURE �continued) 23.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to nake decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of Iaw. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision sha1Z 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 �he arbitrator shall be final and binding on the EMPLOYER, the UNION and the employees. 23.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representative and witnesses. If either party cancels an arbitration hearing or asks for a last-minute postponement that leads to the arbitrators making a change, the canceling party or the party asking for the postponement shall pay this charge. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 23.7 The time limits in each step of this procedure may be extended by mutual agreement of the E*4PLOYER and the UNION. - 27 - ARTICLE XXIV - RIGHT OF SUBCONTRACT 24.1 The EMPLOYER may, at any time during the duration of this AGREEMENT, contract out work done by the enployees covered by this AGRE�IEENT. In the event that such contracting would result in a reduction of the work force covered by this AGREEMENT, the EMPLOYER shall give the UNION a ninety (90) calendar day notice of the intention to subcontract. 24.2 The subcontracting of work done by the employees covered by this AGREEMENT shall in all cases be made only to employers who qualify in accordance with Ordin.ance No. 14013. - 28 - ARTICLE XXV - NON-DISCRIMINATION 25.1 The terms and conditions of this AGREEMENT will be applied to employees equally without regard to, or discri.mination for or against, any individual because of race, color, creed, sex, age, or becausa of inembership or non membership in the UNION. 25.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. - 29 - ARTICLE XXVI - SEVERABILITY 26.1 In the event that any provision(s) of this AGREEMENT is declared to be contrary to law by proper legislative, administrative, or 3udicial authority from whose f inding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 26.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the AGREEMENT in compliance with the legislative, administrative, or judicial determination. - 30 - ARTICLE XXVII - WAIVER 27.1 The EMPLOYER and the UNION acknowledge that during the meeting and negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and under- standings reached by the parties after the eaiercise of this right are fully and completely set forth in this AGREEMENT. 27.2 Therefore, the II�LOYER and the UNION for the duration of this AGREEMENT agree that the other party shall not be obligated to meet and negotiate over any term or conditions of employment whether specifically covered or not specifically covered by this AGREEMENT. The UNION and EMPLOYER may, however, mutually agree to modify any provision of this AGREEMENT.y 27.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this AGREEMENT, are hereby superseded. - 31 - ARTICLE XXVIII - MTLEAGE 28.1 Automobile Reimbursement Authorized: Pursuant to Chapter 92A of the St. Paul Legislative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 28.2 Method of Computation: To be eligible for such reimbursement all officers and employees must receive written authorization from the Mayor. Reimbursement shall be made in accor@ance with one of the following plans: Type 1. For those officers and employees who are required to use their own automobiles occasionally for official City business, reimbursemeat at the rate of 14 cents for each mile driven. TyPe 2. For those 'officers and employees who are required to use their own automobiles on a regular basis on City business,Yreimbursement at the rate of $2.50 for each day of work, and in addition thereto at the rate of 7.5 cents for each mile driven. 28.3 Rules and Regulatio.ns: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients sha11 file daily reports indicating place of origin and destination and applicable mileage ratings thereat and indicating total miles driven, and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further required that they maintain automobile liability insurance in amounts not less than $100,000/300,000 for personal injury, and $25,000 for property damage. These rules and regulations, together with any amendments thereto, shall be maintained on file with the City Clerk. - 32 - ARTICLE XXIX - DURATION AND PLEDGE 29.1 This AGREEMENT shall become effective as of the date of signing, except as specifically provided otherwise in Articles XII and XIII, and shall remain in effect through the 30th day of April, 1981, and continue in effect from year to year. thereafter unless notiee to change or to terminate is givea in the manner provided in 27.2. 29.2 If either party desires to terminate or modify this AGREEMENT, effective as of the date of expiration, the partp wishing to modifp or terminate the AGREEMENT shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided that the AGREEMENT may only be so terminated or mod3.fied effective as of the expiration date. 29.3 In consideration of the terms and conditions of employment established by this AGREEMENT and the recognition that the GRIEVANCE PROCEDURE herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the AGREEMENT: 29.31 The UNION and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment. - 33 - ARTICLE XXIX - DURATION AND PLEDGE (continued) 29.32 The EMPLOYER will not engage in, instigate, or condone any lockout of employees. 29.33 This constritures a tentative agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City and is also subject to ratification by the UNION. AGREED to this 29 day of September , 1978, and attested to a.s the full and complete understanding of the parties for the period of time herein specified by the signature of the following representative for the EMPLOYER and the UNION. WITNESSES: UNITED SLATE AND TILE AND CO�OSITION CITY OF SAINT PAUL - ROOFERS, DA1� AND WATERPROOF WORKERS ASSOCIATION, LOCAL 96 ,,n -� • 'c�d _�d� � _ ���[-;� ✓ Labor R�lations Di r Business Manager Civil Service Commission - 34 - APPENDIX A The classes of positions recognized by the EMPLOYER as being exclusively represented by the UNION are �s follows: Roofer - Foreman Roofer Apprentice and other classes of positions that may be established by the ErfPLOYER where the c3uties and responsibilities assigned comes within the jurisdiction of the iTNION. - A1 - APPENDIR C The basic hourly wage rate for provisional, regular, and probationary employees appointed to "the following classes of positions and not receiving the Friage Benefits listed in Article 12.2 shall be: Effective Effective Effective Effective 5-01-78 11-1-78 5-01-79 S-OI-80 Roofer . . . . . . . . . . . $ 9.57 $ 9.57 $10.34 $11.15 Roofer Foreman . . . . . . . $10.53 $10.53 $11.30 $12.I2 The basic hourly wage rate for temporary and emergency employees appointed ta the following elasses of positions shall be: Effective Effective Effective Effective 5-01-78 11-1-78 5-01-79 5-01-80 Roofer . . . . . . . . . . . $ 9.95 $ 9.95 $10.75 $11.60 Roofer Foreman . . . . . . . $10.95 $10.95 $11.75 $12.60 Apprentice 0 - 500 hours . . . . . . 66% of Roofer rate 501 - 1300 hours. . . . . 70% of Roofer rate 1301 - 2100 hours . . �•� . 80% of Roofer rate 2I01 - 2900 hours . . . . 85� of Roofer rate 2901 - 3700 hours . . . . 90% of Roofer rate 3701 - 4500 hours . . . . 95% of Roofer rate The basic hourly wage rate for regular employees appointed to the followiag class of positions who are receiving the Fringe Benefits listed in Article 12.2 shall be: Effective Effective Effective Effective 5-01-78 11-1-78 S-01-79 5-01-80 Roof er . . . . . . . . . . . $ 9.99 $10.07 * ** *The May 1, 1979, hourly wage rates in this contract will be the rate as shown below Iess the cost of sick leave usage for 1978 and less the cost of health and life insurance, vacation, holidays and pensions for 1979 incurred by the employer for employees in this bargaining unit. Roofer $12.98 **The May 2, 1980, hourly wage rates in this contract will be the rates as shown below less the cost of sick leave usage for 1979 and less the cost of health and life insurance, vacation, holidays and pensions for 1980 incurred by the employer for e�eployees in this bargaining unit. Roofer $13.83 - C1 - �P�rrnzx n Effective May 1, 1978, the EMPLOYER shall: (1) contribute $ .75 per hour for alI hours worked by participating employees as def inecl in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a UNION designated Welfare Fund. Effective November 1, 1978, the contribution to the Welfare Fund shall be increased to $ .85 per hour. (2) contribute $ .35 per hour for all hours worked by participating employees gs defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a Pension Fund. (3) contribute $1.00 per hour from which payroll deduction has been made for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a Vacation Fund. (4) contribute $ .03 per hour for all hours worked by participating em.ployees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to an Apprenticeship Training Fund. All contributions made in accordance with this Appendix shall be forwarded to depositories as directed by the UNION. The EMPLOYER shall establish Worlmaan's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, shall not be eligible for, governed by, or accumulate vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance, or Council Resolution. - D1 - APPENDIX D �continued) The EMPLOYER'S fringe benefit obZigation to participating employees as defined in Articles 12.3, 12.4 and 12.5 is li.mited to the contributions and/or deductions established by this AGREEMENT. The actual level of benefits pro- vided to employees shall be the responsibility of the Trustees of the various funds to which the II�LOYER has forwarded contributions and/or deductions. - D2 - � �,r!�,.*-f��'r' 1978-79-80 MAINTENANCE LABOR AGREEMENT - between - THE INDEPENDENT SCHOOL DISTRICT N0. 625 - and - UNITED SLATE AND TILE AND COMPOSITION ROOFERS, DAMP. AND WATERPROOF WORKERS ASSOCIATION, LOCAL 96 sa�xz.:e�r.ak,.�.l;,,«:m.,....--.,._,.�..1_...w,..-e:,.:.n....�..._�..,,�-...,.:.�r�.ti,�..,...�,.::-......,.,.m...,.r;.,: ,..a..,, .:,.:-. . ,:..... �,..,__,:..�...a.., ... ...,., . . ..: ._,..,m...,..,......,...�...�.�.......,:.,,�.......�.. Z I3 D E X ARTICLE TITLE � PAGE Prea�ble � iii I Purpose 1 II Recoonition 2 III Employer Rights 3 IV Union Rights 4 y •Scope of the Agreement 5 VI Probationary Periods 6 VII Philosophy of Employment and Conpensation 7 VIII Hours of Work 8 IX Overtime 9 g Call Back . 10 XI Work Location lI XII Wages 12 XIII Fringe Benefits 14 XI�,' Selection of Foreman and General Foreman 15 RV Retirement . 16 XVI Holidays 1� XVII Disciplinary Procedures 18 XVIII Absences Frorn Work Y 19 XIX Seniority 20 XX Jurisdiction 21 XXI Separation 22 XXII Tools 23 XXIII Grievar_ce Procedure 2� XXIV Right of Subcoatract 28 Xk"�T Non-Discriraination 29 XXVI Severability 30 XXVII Waiver 31 X�'VIII Mileage 32 XXIX Duration and Pledge 33 Appendix A A1 Appendix B gl Appendix C �� Appendix D D1 - ii - P R E A M B L E This AGREEME�tT is entered into on this day of , 1978, between Independent School District No. 625, hereinafter referred to as the EMPLOYER, and the United Slate and Tile and Composition Roofers, Damp and Waterproof Workers Association, Roofers Local 96, hereinafter referred to as the UNION. The EMPLOYER and the UNION concur that this AGREEMENT has as its objective the pormotion of the responsibilities of Independent School District No. 625 for the benefit of the general public through effective labor-managemeat 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 betwe.en people at alI levels of responsibility. Constructive attitudes of the EMPLOYER, the UNION, and the individual employees will best serve the needs of the general public. - iii - ARTICLE I - PURPOSE 1.1 The E�iPLOYER and the 1INION agree that the purpose for entering into this AGREEi�fE:3T is to: 1.11 Achieve orderly ar_d peaceful relations, thereby estab- lishiag a system of uninterrupted operations an.d the highest level of enployee perfornance that is consistent with the safety and well-being of a11 concerned; I.12 Set forth rates of pay, hours of work, and other conditions of enployment as have been agreed upon by the II�LOYER and the i.T1VI0N; 1.13 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this AGREEMENT without loss of manpower productivity. 1.2 The E;IPLOYER and the L'NI0�1 agree that this AGREEMENT serves as a supplement to legislation that creates and directs th� F.��LOYER. If any part of this AGREEMENT is in conflict with such Iegislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforns to the statute as provided by Article 26 (SEVERABILITY) . - 1 - � ARTICLE II - RECOGNITION 2.1 The EMPLOYER recognizes the UNIOV as the exclusive representative for collective bargaiazng purposes for all personnel having an employaent status of regular, probationary, provisional, temporary, aad emergency employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case.NO. 73-PR-511-� dated May 11, 1973. 2,2 The classes of positions recogna.zed as being exclusively represented by the tTNION are as listed in Appendix A. f I � i t � t 1 � t � f t : � � � - 2 - � f � ,.,__'sa ia�.�ii:�,�.-..,,�.u..,�c.c.,:..��f�i:.i!w, �..e,. .. ..�::i-.s...,r�.�.r�u..1.. _. ._,.;.�as.:..r.ia"w�z.awc'...:>�:.w..s�...�us��...,...�:s..l�...�r.i< -. .-•w'.r.-,�-s....ia:..�+r��s�:�:�s=x�ata$;ati.:r.aw�;+Wis57Vi�R:+'#i�iL�h� � -"a'�ca".`�.a ` ARTICLE III - E�iIPLOYER RIGIiTS 3.I The EMPLOYER retains the right to operate and manage a11 manpower, facilities, aad equipment; to establish functions and programs; to set and amend budgets; to determiae the utilization of techaology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this AGREEMEIv'T. 3.2 Any "term or condition of employment" not established by this AGREEMENT shall remain with the EMPLOYER to eliainate, modify, or establish following writtea notification to the UNION. - 3 - � ��:..,..�.�. � W.��.��a,.�.K., , . , - � . �.��.:.>,..�...,.�...��:..,:....� :.�....� b_-:�_:=�:y_:.,�....>.,..�..:�:,..�::.>_ .�.��:.�..,:.:��; �_�._ _._ _ ARTICLE IV - UNION RIGHTS 4.1 The EMPLOYER sna11 deduct from the wages of eaployees who authorize such a deduction i.n writing an amount nacessary to cover monthly TT�ZON dues. Such monies deducted shall be remitted as directed by the UNION. 4.11 The E�4LOYEt� shall not deduct dues from the wages of employees covered by this AGREErfENT for any other labor organizatiori. 4.12 The LTNIQV shall indemnify and save harmless the EMPLOYER from any and all claims or charges made against tne EMPLOYER as a result of the implenentation of tt!is ARTICLE. 4.2 The UAtION may designate one (1) employee fram the bargaining unit to act as a Steward and shall �nform the Er�LOYER in writing of such designation. Such employee shall have the rights and responsibilities as designated i� Article 23 (GRIEVANCE PROCEDURE) . 4.3 IIpon notification to a designated EMPLOYER supervisor, the Business Manager of the L?il0�i, or his designated regresentative shall be permitted to enter the facilities of the EI�fPLOYER whzre employees covered by this AGP.E��NT are �vorking. - 4 - �TICLE V - SCOPE OF TF� AGREEMENT 5.1 This AGREE;fEiVT establishas the "terms and conditions of employment" defiaed bp M.S. I79.63, Subdivision 18 for all employees exclusively represented by the UNZON. This AGREEMEI3T shall supercede such "terms and conditions of emgloyment" established by Civil Service Rule, Council Ordinance, and Council Resol.ution. � -" - 5 - ARTICLE VI - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) nor_th's probationary period during which time the eaployee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6,11 At any time during the probatior.ary period an eaployee may be terminated at the discretion of the �IPLOYER without appeal ta the provisions of Article 23 (GRIEVA�'�10E PROCEDURE) . 6.12 An employee terninated during the probation.ary period shall receive a written r_otice of the reasons(s) for such termination, a copy of which shall be sent to the UNION. , 6.2 All person.nel pro�!oted to a"fi�igher class of positions shall serve a six (6) months' promotional probationary period during which tine the employee's fitness and ability to perfora the class of positi.o�s' duties and responsibil.ities shall be evaluated. 6.21 At any time during the promotional pr•obationary period an employee may be demoted to the enployae's previousZy held class of positions at the discretion of the E�iPLOYER without appeal to the provisions of Article 23 (GRIEV��iCF PROCEDL'RE}, 6.22 An employee deroted durir.g the promotional probatior_ary period shall be returned to the ecployee's previQUSly held class of positions ar.d shall receive a w�-itten notice of the re2sons for demotion, a coPS oi u:!ict; shall be sant to the L�'ION. - 6 - ARTICLE VII - PHILOSOPHY OF F��LOYP4ENT AND COMPENSATION 7.1 The E.'�IPLOYER and the tJtdION aze in full agreement that the philosophy of employment and cospensation shall be a "cash" hourly wage and "industry" fri�ge benefit system. 7.2 The II�L'LOYER shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as foun�. in Article 12 (WAGES) and 13 (FRIICGE BENEFTTS) . 7.3 No other compansation or fringe benefit shall be accumu2ated or earned by an employee except as specifically provided for in this AGREFI�IENT; except those employees who have individually optioaed to be "grandfathered" as provided by 12.2. - 7 - ' ART�CLE VIII - HOURS OF jIORK 8.1 The normal work day shall be eight (8) consecutive hours per day, excluc�ing a thirty (30) minute unpaid lunch period, between i:00 a.ra. and 5:30 p.ta. 8.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 8.3 If, during tha term of this AGREEMENT, it is necessary ia the II�LOYER'S judgment to establish second and third shifts or a work week of other than Monday through Friday, the UNION agrees to enter into negotiations i.mmediately to establish the conditions of such shifts and/or work weeks. 8.4 This section shall not be cor.strued as, and is not a guarantee of, any hours of work per nornal work day or per normaZ work week. 8.5 All empZoyees shall be at the location designated by their supervisor, ready for work, at the estab-�ished starting time and shall re�ain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.6 All eaployees are subject to calZ-back by tha EMPLOYER as provided by Article 10 (CALL BACR). 8.7 Enployees reporting for work at the established starting tine and �or whom no work is availabla shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving hoiae, or during the previous work day. - 8 - ARTICLE IX - OVERTII`iEE 9.1 Overtiae. Ti�e on the payroll in e�ccess of the nornal hours set forth above shall be "overtiae work" and shall be done ouly by order of the head of the departssent. An employee shall be recompensed for work doae in excess of the normal hours by being granted compensatory time on a tiae- and-oae half basis or by being paid oa a ti.me-and-one-half basis for suc� overtiae work. The basis on which such overtime shall be paid shall be determined solely by the EMF'LOYER. 9.2 The overtiae rate of one and one-half (1�) times the basic hourly rate shall be paid for work performed under the followiag circumstances: 9.21 Tims work in excess af eight (8) hours in any one normal work day and 9.22 Time worked on a •sixth (6th) day following a nortaal work week. 9.3 The overti�e rate_of two (2) tines the b�sic hourlq rate shall be paid for work performed under the following circumstances: 9.31 Time worked on a holiday as defined in Article 16 � (HOLIDAYS), except as provided in I6.6, 9.32 Time worked on a seveath (7th) day following a normal work week; and 9.33 Time worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour period, provided that all "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (I�) . 9.4 For the purposes of calculating overti.�e co*_npensation, overti�e hours worked sha11 not be "pyra�ided", compounded, or paid twice for the sa�e haurs worked. - 9 - __.. ARTICLE X - CALL BACK 10.I Tne E��LOYER retains the right to call back employees before an er�ployee has started a normal work day or normal work week and after an ec�ployee has completed a normal work day or noraal work week. 10.2 Employees called back shall receive a minimum of four (4) hours pay at the basic hourly rate. . 10.3 The hours worked based on a ca].1-back shall be co�pensated in accordance with Article 9 (OVERTIME), when applicable, and subject to the minimua established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to tY►eir normal work day shall complete the nor^_.al work day and be compensated only for the overtine hours worked in accordance with Article 9 (OVERTIME) . - 10 - ARTICLE XI - WO�IC LOC�TION 11.1 Eaployees shall report to work 2ocation as assigned by a desig:Lated E,�LOYER supervisor. During the normal work day e�ployees may bz assigaed to other work locations at the discretion of the E�ffLO`iE�. 11.2 Employees assigned to work locations during the normal work c�ay, other than their original assignment, and who are required to furnish their owa transportation shall be compensated for mileage. I1.3 All employees appointed after January 1, 1976, would be reqL:ired to reside in the Citp of Saint Paul within one year of their appoiataent, and thereafter would be required to remain within the City li�its as loag as they were employed by the City of Saint Paul. 11.4 This residency requirement shall apply to unclassified eaployees as well as cl.assif ied employess-�. 11.5 Applicattts for pos�tions in the City of Saint Paul will not be required to be residen�s oi the City of Saint Paul. 11.6 Employees failing to meet the residency requirement will be subject to termir.ation and a hearing process sha11 be established to determine whether the residency requirement was aet. - 11 - ARTICL£ XII - WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Enployees who are covered by the fringe benefits listed below shall contiaue to be covered by such benefits. They shall be subjeet to all other provisions of the AGREEMEI�T, but shall not have hourly fringe benefit coatributions and/or deductions aade on their behalf as provided for by Article 13 (FRLtiGE BEi�'EFITS) . 12.21 Insurance benefits as established by City of Saint Paul Resolutions. 12.22 Sick Leave as establishec� by Resolution No. 3250, Section 35, Subdivision E. 12.23 Vacation as established by Resolution No. 6446, Section 1, Subdivision F. "'�' 12.24 Nine (9) legal holidays as established by Resolution I3o. 6446, Section 1, Subdivision G. 12.25 Severance benefits as established by Ordinance No. 11490 with a maximum payment of $4,000. 12.26 The �1PLO�R will for the period af this AGREEMEIV'T provide for employees working ur_der the titles as Iisted in Appendix A who retire after the ti�e of execution of this AGRE�fENT or who have retired siace Septeab�r 1, 1974, and until sLCh ezaployees reach sixty-five (65) years of aoe such life, hospital and medical insurance b�nefits as are provi�ed by the ELiPLOYER. - 12 - .,:,�. �;..�.:�. ..�..:.:Ra..,�.,.,,u:. . . .,,.,� �, .:.w�,�>.,.. ,.�,:,�, .: �w.:�..{:; , ,._ .._._... �...�.. ..�.....,..,:�:�:, ...�:,�.<., Y,�:� .�,..�. . .__�. . ARTICLE XII - WAGES (continued) 12.27 In order to be eligibZe for the benefits under the provision of 12.2b the employee must: 12.27.1 Be receiving benefits from a public employee retiree act at the time of retireaent. 12.27.2 Have severed his relationship with the City of Saint Paul under one of the early retiree plaas. 12.27.3 Inform �he Personnel Office of the City of Saint Paul in writiag within 60 days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 12.3 Regular employees aot covered by the frinoe benefits listed in Article 12.2 shall be considered, for the purposes of this AGREEMENT, participati�g employees and shall be compensated in accordance with Article 12.1, (WAGES) and have fringe benefit contributions and/or dedLCtions made on their behalf as provided for by Article'�t3 (FRINGE BENEFITS). , _ __ 12.4 Provisional, temporary and emergency employees shall be considered, for the purpose. of this AGREEMErIT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit cantributions and/or deductions made in their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.5 All regular employees employed after Febn:ary 15, 1.974, shall be considered, for the purpose of this AGREEME�TT, participating enployees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe be»efit contributions and/or dedections made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . - 13 - . . ...�. . .._�..._...�..,.,...,�......u....�.�._., a..:�.,�..-_..�:�C.:.�...Y_�_:.:.�.�......,:...:..�.�.,�:.:,,;v;.. ..;:;x..,...y..�:__..��::..w.:,�.: �_: ._....R..�u.. , �....,. . . �.. .� .,.� ARTICLE XIII — FRINGE BENEFITS 13.1 The EMPLOYER shall make contributions on b2half of and/or �sane deductions from the wages of employees covered by this AGREE:�i�TT in accordance with Appendix D for all hours worked. , �.. - 14 - ARTICLE XIV - SELECTIOV OF FOREMA:� Aiv� GENER.AL FOREMAN 14.1 The selectioa of personnel for tne class of position of Fore�an shall re�ain solely with the EP•PLOYER. 14.2 The class of position of Foresnaa shall be filled bp employees of the bargaining unit on a "temporary assignment". 14.3 All "temporary assignments" shall be made only at the direction of a designated II�LOYER supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positior.s is vacant for more than one (1) normaZ work day. - 15 - _.. � �'��_�%�e� ARTICLE XV - RETIRE,.��i�iT 15.1 All employees shall retire from employnent with the �PLOYER no later than the last calendar day of the month in which an employee becomes sixty-five (65) years old. - 16 - ARTICLE XVI - HOLIDAYS 16.1 The following nine (9) days shall be designated as holidays: New Year's Day, January 1 Presidents' Day, Third Monday in February Memorial Day, last Monday in Ma.y Independence Day, Julq 4 Labor Day, first Monday in September Columbus Day, second Monday in October Veterans' Day, November ll Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 16.2 When New Year's Day, Independence Day, or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 16.3 The nine (9) holidays shall be considered non work days, except as provided in 16.6 16.4 If, in the judgmen-t of the EMPLOYER, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordaace with Article X (CALL BACK) . 16.5 Employees working on a designated holiday shall be compensated at the rate of two (2) ti.mes the basic hourly rate for all hours worked. 16.6 In the case of Board of Education employees, if Presidents' Day, Columbus Day, or Veterans' Day falls on a day when school is in session, the employees shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be a day on which school is not in session and shall be determined by agreement between the employee and his supervisor. - 17 - ARTICLE XVII - DISCIPLZNARY PROCEDURES 17.1 The Er�LOYER shall have the right to impose disciplinary actions on eaployees for just cause. 17.2 Disciplinary actions by the EMPLOYER shall include only the following actions: 17.21 Oral repri.mand 17.22 Writtea repri.mand 17.23 Suspension 17.24 Demotion 17.25 Discharge 17.3 Enployees who are suspended, denoted, or discharged shall.have the right to request that such actions be reviewed by the Civil Service Commi.ssioa or a designated Board of Rev�ew. The Civil Service Commission, or a desigrated Board of Review, shall be the sole and exclusive means of reviewing a suspeasion, demotion, or discharge. No appeal o€ a suspensia�, demotion, or discharge shall be considered a "grievance" for the purpose of processing through the provisions of Article 23 (GRIEVr�'VCE PROCEDURES) . - 18 - ARTICLE XVIII - ABSENCES FROM WORK 18.1 Esployees who are unable to report for their nornal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 18.2 Failure to make such notification may be grounds for discipline as provided in Article 17 (DTSCIPLINARY PROCEDURE5) . 18.3 Failure to report for work without notification for three (3) coasecutive normal work days may be considered a "quit" by the II�LOYER on the part of the employee. - 19 - ' ARTICLE XIX - SENIO:tITY 19.1 Seniority, �for the purposes of this AGREEI`1E�1T, shall be defined as follows: 19.1I "Master Seniority" - the length of continuous regular and probationary service with the EMPLOYER iroa the last date of employe►ent in any and all class titles covered by this AGREEMENT. 19.12 "Class Seniority" - the length of continuous reguZar and probationary service with the EMPLOYER froa the date an eaployee was first appointed to a class title covered by this AGREEMENT. 19.2 Seniority shall not accumulate durin� an unpaid leave of absence, except when such a leave is granted for.a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allo*.r an employee to accept an appointment to the unclas- sified service of the EriPLOYER or to an elected or a�pointed full-time position witn the ITNION. 19.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 19.4 In the event it is determined by the EMPLOYER that it is necessary to reduce the work force employees will be laid off bq class titl.e within each DepartmenC based on inverse length of "Class Seniority". Employses laid off shall have the right to reinstateaent in aay lower-paid class title, provided, ecaployee ha.s greater "Master Seniority" thaa the employee being replaced. 19.5 The selectior. of vacation periods sha1Z be aadz by class title based on. length of "Class Se�iority", sL'oject to the approva� of the E'_•�LOYER. - 20 - ARTICLE X�C - JURISDICTYON 20.1 Disputes concerning work jurisdiction between and aaong ur.io�s is recognized as an appropriate subject for deteraination by tn� various unions representing empZoyees of the EMPLOYER. 20.2 Tne EMPLOYER agreas to be guided in the assigr.ment of work jurisdiction by any mutual agreements between the unions invoived. 20.3 In the event of a dispnte concerning the performance or assiganent of work, the unions involved and the EMPLOYER shall neet as sooa as mutua�ly possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the EMPLOYER to accomplish the work as originalZy assigaed pendin� resolution of the dispute or to restrict the EMPLOYER'S basic right to assign work. 20.4 Any enployee refusing to perform work assigned by the EriPLOYER and as clarified by Sections 20.2 and 20.3 above sha12 be subject to disciplir.arv action as provided in Article 17 (DISCIPLINARY PROCEDURES) . 20.5 There shall be no work stoppage, slow down, or any disruptian of work resulting from a work assignment. - 21 - , ARTICLE XXI - SEPARATION 21.1 Employees having a probationary or regular employ:nent status shall be considered separated from empZoyment basad on tfie followiao actions: 21.11 Resigaation. Employees resigning from egpZoy�ent shall give writtea notice fourteen (14) calendar days prior to the effective date of the resignation. 2I.12 Retiremeat. As provided in Article I5. 21.13 Dischar�e. As provided in Article 17. 21.14 Failure to Report for Duty. As provided in Article 18. 21.2 Employees havir�g an emergencq, temporary, or provisioaal enployrnent status may be terminated' at the discretion of the E:iPLOYER before the completion of a normal work day. - 22 - ARTICLE XXZI - TOOLS 22.I All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. . - 23 - ARTICLE XXIII — GRIEVA.VCE PROCEDURE 23.1 The E1�iPL0YER shall recognize Stewards selected in accordance witn UNIOV rules and regulatioas as the grievance representative of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the n.araes of the Stewards and of their successors when so named. 23.2 It is recognized and accepted by the �iPLOYER aad the Ui�IION that the processing of grievaaces as hereinafter provided is limited by the job duties and responsibiZities of the �ployees and sha11 therefore be accomplished during working hours only when consistent with such employea duties and responsibilities. Tha Steward involved and a grieving emgloyse shall suffer no loss in pay when a grievaace is processed duriag workiag hours, provided, the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the E!IPLOYER. 23.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 17.3, for the proeessing of grievances, which are defiaed as an alleged violation of the terms and conditions of this AGREEMEI�T. 23.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleoed violation of this AGRr.�iENT, the employee involved shall attempt to resolve the matter on an ir.forma]. basis with the enplo�ee`s supervisor. If the m.a.tter is not resolved to the employee's satisfaction by the infornal discussion it may be reduced - 24 - ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) to writing and referred to Step 2 by the Uti'IOV. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEI�IENT not reduced to writing by tha UNIOV within seven (7) calendar days of the first occurrence of the eveat giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the f irst occurrence of the event giving rise to the grievance, shall be considered waived. SteP 2. Within seven (7) calendar days after receiving the written grievance a designated Er�LOYER supervisor shall _ . .. -.;i�.Q... . meet with the UNION Steward and attenpt to resolve the grievance. If, as a result of this neeting, the grievance remains unresolved, the Er�'LOYER shall reply in writing to the UNION within three (3) caleadar days following this meeting. �The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER`S written ans•�rer. Any grievance not referred in writing by the tNION within seven (7) caler.dar days following receipt of the EMPLOYER'S answer shall be considered waived. - 25 - ARTICLE �III - GRIEVANCE PROCEDURE (continued) Step 3. Within seven (7) calendar days following receipt of a grievance referred fron Step 2 a designated E�IPLOYER \ supervisor shall meet with the iNION Business Manager or hi.s designated representative and attempt to resolve the grievance. Within seven (7) calendar aays following this meetiag the EMPLOYER sha1Z reply in writing to the I.T�120V stating the EMPLOXER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the UNION may ref er the grievance to Step 4. Any grievance not referred to in writing by the UNION to Step 4 within seven (7) calendar days followiag receipt of the F�iPLOYER'S answer shall be considered waived. Step 4. If the grievance remains unresolved, the LTI3IOti �ay within seven .(7) calendar_days after the response oi t;:e EMPLOYER in Step 3, by written notice to the �fPLOYER, re- quest arbitration of the grievance. The arbitration pro- � ceedings shall be conducted by an arbitratQr to be selected by mutual agreement of the EMPLOYER and the UNIo� within seven (7) calendar days after notice has beer. givez. I� the parties fail to mutually agree upon an arbitrator withi� the said seven (7) day period, either party iaa.y requast the Public Emplo��ent Relation Board to submit a panel of five (5) arbitrators. Both the EMPLOYER and the tJNION snall hava the right to strike two (2) names from tha panel. The IT�iIO� shall strike the first (lst) name; the EMPLOYER shall then strike one (1) name. The process will be repeated ar.d the re.yaining persor_ shall be the arbitrator. - 26 - - ARTICLE XXIZI - GRIEVANCE PROCEDURE (continued) 23.5 The arbitrator sha11 have no right to a�end, nodify, r.ullify, ignore, add to, or subtract from the provisions of this AGREE'•fE�T. Tne arbitrator shall consider and decide only the specific issue sub�.tted in writing by the ErEPLOYER and the [NZON and shall have no authority to aa'�e a decisioa on aay other issue not so submitted. T'ne arbitrator shall be without power to sake decisions contrary to or inconsis�ent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be subaitted in writing within thirty (30) days fol2owing close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based soZely on the arbitrator's interpretation or application af the express terms of this AGREEMENT and ta the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EM�LOYER, the UNION and the empZoyees. 23.6 The f ees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the iTNIOV, provided that each party shall be responsible for compensating its own representative and witnesses. If either party cancels an arbitration heariag or asks for a last ainute postponement that leads to the arbitrators gaking a change, the canceling party or the party asking for the postponement shall pay this charge. If either party desires a verbatia record of the proceedings, it may cause such a record to be �ade providir.g it pays for the record. 23.7 The tine li�its in each step of this procedure �:a}• be extended by mutual agree�ent of the EMPLOYER and the UIdION. - 27 - ARTICLE XXIV - RIGHT OF SUBCO�TRr�,CT 24.1 The EMPLOYER may, at any time during the duration of this AG�r.���T, contract out work done by the eaployees covered by this AGR:.�'I�'T. In the event that such. contracting would result in a reduction of tne work force covered by this AGRE�SENT, the EMPLOYER shall give tha L�IIOY a ninety (90) calendar day notice of the intentioa to subcontract. 24.2 The subcontracting of work done by the employees covered by this AGREEMENT sha1Z in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. �, � 20 � ARTICLE XXV - hOV-DISCRI�IINATIO� 25.1 The terms and conditions of this AGREE,��iT will be applied to e�ployees equally without regard to, or discriaination for or against, any individual because of race, color, creed, sex, 2ge, or because of inembership or non membership in the UNION. 25.2 Eaployees �aill perform their duties and responsibilities in a non-discrimin.atory manner as such duties and responsibilities inv�lve other employees and the general public. - 29 - ARTICLE XXVI - SEVERABILITY 2b.1 In the event that any provision(s) of this AGREE��NT is declared to be contrary to law by proper legislative, ad�iaistrative, or judicial authority from whose f inding, determina.tioa, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 26.2 The parties agree to, upon written notice, eater into negotiztions to place the voi8ed provisions of the AGREEMENT in coapliance with the legislative, administrative, or �udicial deternination. - 30 - ARTICLE XXVII - WAIVER 27.1 The E�iPLOYER and the LT:�IION acknowledge that durir_g the meetiag ar.� negotiating which resulted in this AGREEMENT, each had tha ri�ht and opportunity to make proposals with respect to any subject co�ceraing the terms and coaditions of employment. The agreeaents ar.d under- standings reached by the parties after the exercise of this right are fully and completely set forth ia this AGREErfE�'T. 27.2 Therefore, the &"tPLOYER and the UNION for the duration of this AGREErtENT agree that the other party shall not be abligated to meet and negotiate over any tera or conditions o€ ersp].oy�ent whethzr specifically covered or not specifically covered by this AGRE�:�IT. The WI�N and EPiPLOYER may, however, mutually agree to modisp any provision of this AGREF,,'�fENT_,-� 27.3 Any and all prior ordinances, agreements, resolutions, pract�ces, policies, and rules or regulations regarding the ter*.�s and coaditions of enployment, to the extent they are inco�sistent with this AGREE_'�:T, are hereby superseded. - 31 - ARTTCLE XXVIII - MILEAGE 28.1 EmpZeyees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, employees must receive authorization from the District Mileage Committee utilizing one of the following plans. PLAN "A" is reimbursed at the rate of 15� per mile. In addition, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount can be the experience of another working in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip made. PLAN "C" provides for reimbursement based on a per month "lump sum" amount. This amount is determined by the employee's driving experience under Plan "A" for a period of 3 to 6 months. Those employees receiving an auto allowance under th�s plan must report monthly the number of days the car was avail- able during the month. A deduction must be made from the lump sum amount for each day the employee is on vacation. A deduction need not be made for an occasional day of illness or for holidays. - 32 - ARTICLE XXIX - DiTRATION AND PLEDGE 29.1 This AGREEMENT shall become effective as of the date of signing, except as specifically provided otherwise in Articles XII and XIII, and shall remain in effect through the 30th day of April, 1981� and continue in effect from year to year. thereafter unless notice to change or to terminate is giverc ia the manner provided in 27.2. . 29.2 If either party desires to terminate or modify this AGREEMENT, effective as of the date of expiration, the party wishing to modify or terminate the AGREEMENT sha.11 give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided that the AGREEMENT may only be so terminated or modified effective as of the expiration date. 29.3 In consideration of the terms and conditions of employment established by this AGREEMENT and the recognition that the GRIEVANCE PROCEDURE herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the AGREEMENT: 29.31 The UNION and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment. - 33 - ARTICLE XXIX - DURATION AND PLEDGE (continued) 29.32 The ENIl'LOYER will not engage in, instigate, or condone any lockout of employees. 29.33 This constitutes a tentative agreement between the parties which will be recommended by the School District Negotiator, but is subject to the approval of the Board of Education, Independent School District No. 624 and the Administration of the City and is also sub3ect to ratification by the UNION. AGREED to this 29th day of September , 1978, and attested to as the full and complete understanding of the parties for the period of time h2rein specified by the signature of the following representative for the EMPLOYER and the UNION: WITNESSES: - UNITED SLATE AND TILE AND COMPOSITION INDEPENDENT SCHOOL DISTRICT N0. 625 ROOFERS, DAMP AND WATERPROOF WORKERS ASSOCIATION, LOCAL 96 � i s. �7 -� � .� �C 9�`�' Negotiator usin ss Manager s � - 34 - APPEiVDIX A The classes of positions recogn�zed by the EifPLOYER as baing ex.clusively represented by the INIOI3 are as follows: Roofer - Foreman Roof er Apprentice and other classes of gositions that may be established by the EMPLOYER where the duties and responsibilities assigaed comes within the jurisdiction of the UNION. - A1 - APPENDIX C The basic hourly wage rate for provisional, regular, and probationa.ry employees appointed to "the followi.ng classes of positions and not receiving the Fringe Benef�ts listed in Article 12.2 shall be: _ Effective Effective Effective Effective S-01-78 11-1-78 5-01-79 5-01-80 Roofer . . . . . . . . . . . $ 9.57 $ 9.57 $10.34 $11.15 Roofer Foreman . . . . . . . $10.53 $10.53 $11.30 $12.12 The basic hourly wage rate for temporary and emergency employees appointed to the following classes of positions shall be: Effective Effective Effective Effective 5-01-78 11-1-78 5-01-79 S-OZ-80 Roofer . . . . . . . . . . . $ 9.95 $ 9.95 $10.75 $11.60 Roofer Foreman . . . . . . . $10.95 $10.95 $11.75 $12.60 Apprentice 0 - 500 hours . . . . . . 66% of Roofer rate 501 - 1300 hours. . . . . 70% of Raofer rate 1301 - 2100 hours . .-�:� . 80% of Roofer rate 2101 - 2900 hours . . . . 85� of Roofer rate 2901 - 3700 hours . . . . 90% of Roofer rate 3701 - 4500 hours . . . . 95% of Roofer rate The basic hourly wage rate for regular employees appointed to the following class of positions who are receiving the Fringe Benefits listed in Article 12.2 shall be: Effective Effective Effective Effective 5-01-78 11-1-78 5-01-79 5-01-80 Roofer . . . . . . . . . . . $ 9.99 $10.07 * ** *The May 1, 1979, hourly wage rates in this contract will be the rate as shown below less the cost of sick leave usage for 1978 and less the cost of health and Iife insurance, vacation, holidays and pensions for 1979 incurred by the employer for employees in this bargaining unit. Roofer $12.98 **The May i, 1980, hourly wage rates in this contract will be the rates as shown below less the cost of sick leave usage for 1979 and less the cost of health and life insurance, vacation, holidays and pensions for 1980 incurred by the employer for employees in this bargaining unit. Roofer $13.83 - C1 - APPENDI% D Effective May 1, 1978, the EMPLOYER shall: (1) contribute $ .75 �er hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a UNION design,ated Welfare Fund. Effective November 1, 1978, the contribution to the Welfare Fund shall be increased to $ .85 per hour. (2) contribute $ .35 per hour for all hours worked by participating employees ss defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a Pension Fund. (3) contribute $1.00 per hour from which payroll deduction has been made for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a Vacation Fund. (4) contribute $ .03 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to an Apprenticeship Training Fund. Al1 contributions made in accordance with this Appendix shall be forwarded to depositories as directed by the UNION. The EMPLOYER shall establish Worlanan's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating employees as def ined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, shall not be eligible for, governed by, or accumulate vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or nay be established by Personnel Rules, Council Ordinance, or Council Resolution. - D1 - �, � -, APPENDIX D !�coatinued) The ���'LOYE�'S fringe ben.eiit obliga�ion to �ar�icipa�ing e�ployees as defined in Articles 12.3, 12.4 and 12.5 is limited to the contributioas a�d/or deductions established by this AGREEMENT. The actual Ievel of bznefits pro- vided to employees shall be the responsibil.ity of the Trustees of the varioc:s funds to which the E.`iPLOYER has forwarded contributions and/or deductior_s. - D2 - � r} �y �i 01 z 12/i9fi5 �+�������+ <Rsv.s 9�8��6 �PZJNT7,�N: �?F A1�iTD1IS�RATIVE'OR�IE&E3, _,_,8�0!LtJTIQ�B.•,l� ,C�B�B �IIITA�C�B D�,tat September 26, 1978 : . , RECEIVE � . OC* 4 1978 �: �u�o� Gs� �x 11�A1E��.� ,�_. FRs Persa�rna� O���cR - � RR: A�solutian fox submiasioat ta C3ty Council . . � =< ,,. .,�:�T�n: �W�► ��GO�d yonr approval aqd submisaia� aE this Regolutiaa to t�he Cit�t Ccws►Gil•. ' . ��s�.� �T�..�.'FC� �zs �c�rzoN: . �; � w��T+w �ii�i��� r rl i i �i�Yw�u i i�� . . . � . . . . This Reso].utioa approves the 1�j78-80 Agreemeats betweea t�� City of�St. Paul, . . � -J I.S.D, No. 625, and the Roofers Local No,9b. The Agreemeints are for the period � ,May 1, 1978, tT�rough April 30, 1981, and call for a 7Q� an hour increase ian th� tatal '��..,,-``'� gackage ia,May;. 1978 a.nd a 10� iacrease ia Novembery 1qT$. The May, 19'i8 wage —,� increase is $1. 26 per hour because of a reductioa in sick leave usage from 17 days to i�, Tl�e �greemente also call for total paclrage isicreases of $Q� in Ma.y,. �97� aad � 85� in Msq,, 1980. There is also a . 41 a mile increase in the Cityts xnileage allaa►�aat�ce. . _ , � ,,._: , - , � . �, ,, , : �� ' �_� . , �, . � - Re�olutian,Agreements and copy for the City Clerk. . , .: . , , : . . �: _ . , . : : . . . .. � , , . . , . .,, � :; � . :