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01-233caun�� Fue # o t-� 33 ORIGINAL Presented by Referred To Committee Date RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 10370 5 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 2000 - 2003 Employment Agreement between the Independent School Dishict No. 625 and the Twin City Glaziers, Architectural Metals and Glass Workers Loca1 1324 to establish terms and conditions of 4 employment. Requested by Departtnent o£ Office of Labor Relations By: � Form Appr ed by ' Att iey B . � r Adopted by Council: Date �� \ � p � Adoption Certified by Council Secretazy �y: �� Approved by Mayor: Date �'V�/� - 4� /�d�J' � By: Approved by�yor for Sub nission to Council BY ' i[ SiY1i„( �l�(%/�0"�-� INDEPENDENT SCHOOL DISTRICT NO. 625 d�.�33 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS DATE: August 15, 2000 TOPIC: Approval of an Employment Agreement With Twin Cities G(aziers, Architectural Metals and Glass Workers Local 1324, to Establish Terms and Conditions of Employment for 2000-2003 A. PERTINENT FACTS: 1. New Agreement is for the three-year period June 1, 2000 through May 31, 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 onfy. 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language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 4.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 three regular F.T.E. in this bargaining unit. 5. The maintenance of buildings promotes a quality learning environment that supports the teaching target of preparing all students for life. 6. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager; Wayne Arndt, Negotiations/Labor Relations Manager; Richard Kreyer, Executive Director of Human Resources and Labor Relations; and William Larson, Deputy Superintendeni. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom Twin Cities Glaziers, Architectural Metals and Glass Workers Local 1324, is the exclusive representative; duration of said Agreement is for the period of June 1, 2000 through May 31, 2003. DEPARTMENC/OFFICE/COUNCIL: DATE INLTTATED GREEN SHEET No.• 10370 �LABOR RELA'ITONS February 21, 2001 ' O(• e�3: CONTACI' PERSON & PHONE: � Aie mitTTALDAiE NLIE KRAUS 266-6513 �IGV 1 DEPARTMENT DIR 4 CITYCOUNCIL NUMBER 2 CITY ATIORNEY CTTY CLERK MUST BE ON COUNCII. AGENDA BY (DATE) FOR BUDCEC DIR. FIN. & MGT. SERVICE DIlt ROi7'S'ING 3 MAYOR (OR ST.) ORDER TOTAL � OF SIGNATURE PAGES_1 (CLIP ALL LOCAT[ONS FOR SIGNATORE) ncrioN �QUES-rEn: This resolution approves the attached 2000 - 2003 Employment Agreement between Independent School District No. 625 and the Twin City Glaziers, Architectival Metals and Giass VJorkers Local 1324 to establish terms and conditions of employment. RECOMMENDATTONS: Approve (A) or Reject (R) PERSONAL SERVICE CON112ACfS MIJST ANSWER THE FOLLOWING QUESTIONS: PLANNING WMMISSION _CIVIL SERVICE COMIvIISSION 1. Haz this person/Srm ever worked wder a contract for this department? CIB COMMITTEE Yes No STAFF 2. Has this pe�soNfilm ever been a city employee? DISTRICT COURT Yes No SUPPORTS WHICH COIINCIL OBJECII VE? 3. Does this person/firm possess a skill �ot normally possessed by any cmrent ciTy employee? Yc No Explain all yes answers on separate sheet aod attach to green sdeet INITIATING PROBLEM, ]SSUE, OPPORTUNTTY (Whq What, When, Where, Why): This Agreement pertains to Board of Education employees only. ADVANTAGESIFAPPROVED: DIS.4DVANTAGES IF APPROVED' DISADVANTAGES IF NOT APPROVED: � TOTAL AMOUNT OF TRANSACTTON: COST/REVENUE BUDGETED: FONDING SOURCE: AC'ITVI'IY NUMBER: pa„�� Qa�Gh �e3� tl� Wj FINANCIAL INFORMATTON: (EXPLAIih �vxa�� ' +t' 20�1 o:�;: � � v ai a33 : • • � ARTICLE Articie Article Article Article Article Article Article Article Articie Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article 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. TABLE OF CONTENTS TITLE Preamble........................................................�---................---�-• Purpose .....................................................�--................----•--..... Recognition ................................................................�----.......... Employer ......................................�---�--.......................... UnionRights ..........................................................................�-- Scope of the Agreement ........................................................... Probationary Periods ................................................................ Phifosophy of Emptoyment and Compensation ........................ Hoursof Work .......................................................................... Overtime ................................................................................... Call Back .................................................................................. Work Location .......................................................................... Wages ...................................................................................... Fringe Benefits ......................................................................... Selection of Lead Gfazier and General Lead Glazier ............... Holidays .................................................................................... Disciplinary Procedures ............................................................ Absences From Work ............................................................... Seniority .................................................................................... Ju risd iction ........................�--..................................................... Separation ................................................................................ Tools......................................................................................... Grievance Procedure .............................................................�-- Right of Subcontract ............................................................�•--• Non-Discrimination ................................................................... Severabiiity ............................................................................... Waiver ...................................................................................... Mileage..................................................................................... Court Duty ................................................................................ Duration and Piedge ................................................................. Appendix ............................................................................. AppendixB ............................................................................. AppendixC ............................................................................. Appendix ............................................................................. PAG E ...-°°° ................ iv ...........................1 ......................�--..1 ..................... •--...1 ........................... 2 ........................... 2 ........................... 3 ........................... 3 ........................... 4 ........................... 5 ........................... 5 ........................... 5 ........................... 6 ........................... 7 ........................... 7 ........................... 8 ........................... 9 ........................... 9 .........................10 .........................11 .........................11 .........................11 .........................12 .........................14 .........................14 .........................14 .........................15 .........................15 .........................15 .........................16 .........................17 .........................17 ....................18-19 ......................... 20 � o� a�3 PREAMBLE This Agreement is entered into between independent Schooi District No. 625, hereinafter referred to as the Employer, and Twin City Glaziers and Glass Workers Locai 1324, hereinafter referred to as fhe Union. The Empioyer and the Union concur that this Agreement has as its objective the promotion of the responsibiiities of the Independent School District No. 625 for the benefit of the generai public through effective labor-management cooperation. The Employer and the Union both realize that this goai depends not only on the words in the Agreement but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general pubiic. � • � iv O! d 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 orderfy and peaceTul relations, thereby estabiishing a system of uninterrupted operations and the highest level of employee pertormance that is consistent with the safety and well-being of all concemed; 1.1.2 Set forth rates of pay, hours of work, and otfier conditions of employment as have been agreed upon by the Employer and the Union; 1.1.3 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation o( this Agreement without loss ot productivity. 1.2 The Employer and the Union agree that this Agreement serves as a suppiement to legislation that creates and directs the Employer. 1f any part of tfiis Agreement is in conflict with such legislation, ihe 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 (Severability). ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for coliective � bargaining purposes for ali personnel having an employment 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. 90-PCL-3169 dated February 26, 1990. 22 The ciasses of posftions recognized as being exclusively represented by the Union are as listed in Appendix A. ARTICLE 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 technoiogy; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifiCa{ly timited by this Agreement. 32 Any �term or condition of empioymenY' not established by this Agreement shail remain with the Employer to eliminate, modify or establish following written notification to the Union. • o► a�3 ARTICLE 4. UNION RIGH7S � 4.1 The Empioyer shali deduct $85 per month to cover monthly Union dues from the wages of empioyees who authorize such a deduction in writing. Such monies deducted shall be remitted as directed by the Union. 4.1.1 The Employer shall not deduct dues from the wages of emptoyees covered by this Agreement for any other labor organization. 4.12 The Union shall indemnify and save harmless the Employer from any and all ciaims or charges made against the Employer as a result of the implementation of this Articie. 4.2 The Union may designate one (i) employee from the bargaining unit to act as a Steward and shali inform the Employer in writing of such designation. Such employee shali have the right and responsibilities as designated in Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Empfoyer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Employer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the �terms and conditions of employmenY' defined by � Minnesota Statute. § 179A.03, Subdivision 19, for ali employees exciusively represented by the Union. This Agreement shail supersede such `terms and conditions of employmenY' established by Civil Service Rule, Council Ordinance, and Council Resolutian. • o� a33 • ARTICLE 6. PROBASIONARY PERIODS 6.1 All personnel, originally hired or rehired following seQaration, in a regular employment status shali serve a six (6) month probationary period during which time the empioyee's fitness and ability to pertorm the class of positions' duties and responsibilfties shall be evaluated. 6.1.1 At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 62 Ail personnel promoted to a higher class of positions shall serve a six (6) month promotional probationary period during which time the employee's fitness and ability to pertorm the class of positions' duties and responsibilities shall be evaivated. 62.1 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 tMe Employer without appeai to the provisions of Article 22 (Grievance Procedure). 62.2 An employee demoted during the promotional probationary period shall be returned to the employee's previousiy-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. ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The Employer and the Union are in full agreement that the philosophy of employment and compensation shail be a"cash" hourly wage and "industry' fringe benefit system. 7.2 The Employer shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages) and 13 (Fri�ge 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 individuaily optioned to be `grandfathered° as provided by Article 12.2. • b [ �3 ARTICLE 8. HOURS OF WORK 8.1 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 82 The normal work week shall be five (5) consecutive normal workdays Monday through Friday. 8.3 If, during the term of this Agreement, ft is necessary in the Empioyer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter inTo negotiations immediately to establish the condftions of such shifts and/or work weeks. 8.4 This Section shali not be construed as, and is not a guaraniee of, any hours ot work per normal workday or per normal work week, 8.5 AU employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established workday unless othervvise directed by their supervisor. 8.6 All employees are subject to cali back by the Employer as provided by Article 10 (Caii 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, uniess notification has been given not to report for work prior to leaving home, or during the previous workday. � • 4 �� a33 � i � ARTICLE 9. OVERTIME 9.1 Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by order of the head of the department. An empioyee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-haif basis or by being paid on a time-and-one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the Employer. 92 The rate of one and one-half (1-1/2) the basic houriy rate shaii be the overtime rate for work pertormed under the following circumstances: 92.1 Time worked in excess of eight (8) hours in any one normal workday, and 922 Time worked in excess of forty (40) hours in a normal work week. 9.3 For the purpose of calculating overtime compensation, overtime hours worked shall not be °pyramided,° compounded or paid twice for the same hours worked. ARTICLE 10. CALL BACK 10.1 The Employer retains the right to call back employees before an employee has started a normal workday or normal work week and after an employee has completed a normal workday or normal work week. 102 10.3 Employees cailed back shall receive a minimum of four (4) hours of pay at the basic hourly rate. The hours worked based on a cail back shall be compensated in accordance with Article 9(Overtime), when applicable, and subject to the minimum estabiished by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal workday shall complete the normal workday and be compensated only for the overtime hours worked in accordance with Articie 9 (Overtime). ARTICLE 11. WORK LOCATION 11.1 Empioyees shall report to work location as assigned by a designated Employer supervisor. Duri�g the normal workday, employees may be assigned to other work locations at the discretion of the Employer. 112 Empioyees assigned to work locations during the normal workday other than their original assignment, and who are required to furnish their own transportation, shall be compensated for mileage as set forth in Article 27 (Mileage). Ny e� a� ARTICLE 12. WAGES • 12.1 The basic hourly wage rates as established by Appendix C shall be paid for aIi hours worked by an employee. 122 Employees who are covered by the fringe benefifs listed be(ow shall continue to be covered by such benefits. They shall be subject to all other provisions of the Agreement, but shali not have hourly fringe benefft contributions and/or deductions made on their beha�f as provided for by Article 13 (Fringe Benefitsj. 122.1 Insurance premium contributions as established by the Employer inciuding life, hospital, and healfh insurance premium contributions as established as of the date of the eariy retirement for early retirees who have retired since November 1, 1984, until such time as they reach sixty-five (65) years of age. In order to be eligible for the insurance premium contributions under the early retiree provision, the employee must: 12.2.1.1 Be receiving benefits from a pubiic employee retirement act at the time of refirement. 122.12 Have severed the employment relationship with the City of Saint Paul and Independent School District No. 625 under one of the early retiree plans. 12.2.i.3 Inform the Human Resource Department of lndependent School District No. 625 and the Office of Human Resources, City of Saint Paul in writing within sixty (60) days of empioyee's early retirement � date that he or she wishes to be eligible for eariy retiree insurance benefits. 122.1.4 Retire prior to May 31, 2000. 12.3 Regular employees not covered by the fringe benefits listed in Article 122 shail be considered, for the purposes of this Agreement, participating employees and shail be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (Fringe Benefits). 12.4 Temporary employees shall be considered, for the purposes of this Agreement, participating empioyees and shall be compensated in accordance with Articie i2.i (Wages) and have fringe benefit contributions and/or deductions made in their behaif as provided for by Article 13 (Fringe Benefits). 12.5 All regular employees empioyed after February 75, 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 Beneffts). � �r a �3 � ARTICLE 13. FRINGE BEfVEFITS 13.1 The Employer shall make contributions on behalf of and/or make deductions from the , wages of participating empioyees as defiined by Articles �2.3, 12.4, and 12.5 covered by this Agreement in accordance with Appendix D for all hours worked. ARTICLE 14. SELECTION OF LEAD GLAZIER AND GENERAL LEAD GLAZIER 14.1 The selection of personnel for the ciass of position Lead Glazier and General Lead Giazier shall remain solely with the Employer. 14.2 The class of position Lead Glazier shall be filled by employees of the bargaining unit on a `temporary assignment" 14.3 All `Yemporary assignments" shall be made only at the direction of a designated Employer supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal workday. � � 7 01- a33 ARTICLE 15. HOLIDAYS 15.1 The foltowing nine (9) days shall be designated as holidays: New Year'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 J uly 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25. 152 When New Yea�'s Day, Independence Day or Christmas Day fails on a Sunday, the following Monday shall be considered the designated holiday. When arty of these ihree (3) holidays faiis on a Saturday, the preceding Friday shall 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, employees may be scheduled or "cailed back" in accordance wifh Article 10 (Call Back). 15.5 Participating empioyees as defined in Artictes 12.3, 12.4, and f2.5 assigned to work on Martin Luther King, Jr. Day, Presidents' Day, or day after Thanksgiving shali be compensated on a straight-time basis for such hours worked. 15.6 Such participating employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate of such hours worked. 15.7 If an empioyee other than a participating employee entitled to a holiday is required to work on Martin Luther King, Jr. Day, Presidents' Day, or the day after Thanksgiving, the empfoyee shall be granted anotfier day off with pay in Iieu fhereof as soon thereafter as the convenience of the department permits or the employee shall be paid on a straight- time basis for such hours worked, in addition to the regular holiday pay. ii 8� Z�TiNit'iyE'v vu`�vi i , i8i � 8 j�ciiCij�8� �y^ 8T^j :.^,j ° 9:l:::18� !O H hQI!L�3� �s required-to work on New Year's Day, Memoriai Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, the employee shali be recompensed for work done on this day 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 hours worked, in addition to the regular holiday pay. 0 � � u a� a�3 • ARTICLE 16. DISCIPLINARY PROCEDURES 16.1 162 The Employer shali have the right to impose disciplinary actions on empioyees for just cause. Discipiinary actions by the Employer shail include only the following actions: 16.2.1 Oral reprimand; 162.2 Written reprimand; 16.2.3 Suspension; 16.2.4 Demotion; 162.5 Discharge. 16.3 Empioyees who are suspended, demoted or discharged shall retain ail rights under Minnesota Statute § 179A.20, Subd. 4., and thereby shall have the right to request that such actions be considered a`grievance" for the purpose of processing through the provisions of Articie 22 (Grievance Procedure). Once an employee, or the Union acting in the empioyee's behalf initiates review of an action, that matter shall not be reviewed in another forum. Orai reprimands shall not be subject to the grievance review procedures. 16.4 Preliminarv Review. Prior to issuing a disciplinary aciion of unpaid suspension, demotion, or discharge, the supervisor will make a recommendation to his/her supervisor regarding proposed discipline. That supervisor wiil then schedule a meeting with the employee prior to making a final determination of the proposed discipline. The employee shall have the opportunity to have union representation present and be provided the opportunity to speak on his/her behalf regarding the proposed action. If the employee is unable to meet with the supervisor, ihe employee will be given the opportunity to respond in writing. � ARTICLE 17. ABSENCES FROM 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 possible, but in no event later than the beginning of such workday. 172 17.3 Faiiure to make such notification may be grounds for discipline as provided in Article 16 (Discipiinary Procedures). Failure to report for wosk without notification for three (3) consecutive normal workdays may be considered a`quiY' by the Empioyer on the part of the employee. • �i-a3� ARTICLE 18. SENlORITY 18.1 For the purpose of this Articie the following terms shall be defined as follows: 18.1.1 The term, °Employer," shall mean Independent School District No. 625, Saint Paul Public Schoois. 18.12 The term, "Master Seniority,° shall mean the length of continuous regular and probationary service with the Empioyer from the date an employee was first appointed to any class title with the Empioyer covered by this Agreement. 18.1.3 The term, "Class Seniority' shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a position wifh fhe Employer in a cfass fif(e covered by fhis Agreement. This Section 18.1.3 is intended to mean that for any person no matter what the person's prior experience or how hired by the District, the person's class seniority starts at zero the day they are appointed to a School District posfion in that title and begins to be calculated from that dafe. An employee's Class Seniority does not revert to zero following recali from an Empioyer initiated layoff within the twenty-four (24 ) month recall rights period specified in 18.4. This definition of class seniority would be used for all layoff decisions. � 182 Seniority shali 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 iflness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Empioyer or to an elected or appointed full-time position with � the Union. 18.3 Seniority shall 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, employees will be iaid off by class titie within each Department based on inverse length of "Class Seniority." Employees laid off by the Employer shall have the right to reinstatement in any lower-paid class titie previousiy heid which is covered by this Agreement, provided empioyee has greater "Class Seniority' than the employee being repfaced. Recaf( from layoff shali be in inverse order of tayoff, except that recatf rights shall expire after twenty-four (24 ) months from the last day of work preceding the layoff. iv0 O�iBi ".ivii Scivii.c i2�.8ii Pf.3ti:S :.^. :�:I Em.r!ey SF:E.II a�r nlv ThlS provision does not rs • address any rights the empioyee may have to be recalled io any other empJoyer. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority," subject to the approvai of the Empioyer_ \ I 10 Ol a3_j � ARTICLE 19. JURISDICTION 19.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate subject to detertnination by the various unions representing employees of the Empioyer. 192 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 19.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Employer shali meet as soon as mutualiy possible to resolve the dispute. Nothing in the foregoing shail restrict the right of the Employer to accompiish the work as originaily assigned pending resolution of the dispute or to restrict the Empioyer's basic right to assign work. 19.4 Any employee refusing to pertorm work assigned by the Employer and as ciar'rfied by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20. SEPARATION • 20.1 Employees having a probationary or regular empioyment status shall be considered separated from employment based on the following actions: 20.1.1 Resianation. Employees resigning from empioyment shail give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.12 Discharae. As provided in Article 16. 20.1.3 Failure to Reoort for Dutv. As provided in Article 17. 20.2 Employees having a temporary employment status may be terminated at the discretion of the Empioyer befiore the compfetion of a normal workday. ARTICLE 21. TOOLS 21.1 All employees shall personaily provide themselves with the tools of the trade as listed in Appendix B. • 11 01-�33 ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall 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 Employer and the Union that the processing of grievartces as hereinafter provided is limited by the job duties and responsibifities of the employees and shall therefore be accompiished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shail 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 detrimentai to the work programs of the Employer. 22.3 The procedure established by this Article shall, except as previously noted in Article 16 (Disciplinary Procedures), be the sole and exciusive procedure for the processing of grievances, which are defined as an aileged violation of the terms and co�ditions of this Agreement. 22.4 Grievances sfiall be reso(ved in conformance with fhe foflowing procedure: � Steo 1. Upon the occurrence of an aileged violation of this Agreement, the employee involved shall attempt to resobe the matter on an informal basis with the empioyee's supervisor. If the matter is not resolved to the empioyee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shaii set iorth the nature . of the grievance, the facts on which it is based, the aileged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union wfthin seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonabie diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Ste° 2. Within seven (7) calendar days after rece"nring the written grievance, a designated Empioyer Supervisor shall meet with the Union Steward and attempt to resolve the grievance, If, as a resuit of this meeting, the grievance remains unresolved, the Employer shali reply in writing to the Union within three i3} ;,aler, :a�-�ay5 €�l;�::i.^.y :!;s r.^.�#i.^.g_ ?ne Un�on may refer the grievance in writing to Sfep 3 within seven (7) ca(endar days foflowing receipt of fhe Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employers answer shail be considered waived. C � 12 c�r-a3� � ARTICLE 22. GRIEVANCE PROCEDURE (COntinued) Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Empioyer supervisor shaii meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days foliowing this meeting, the Employer shall reply in writing to the Union stating the EmployePs answer conceming the grievance. If, as a resuft of the written response, the grievance remains unresolved, the Union may refer fhe grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days foliowing receipt of the Employer's answer shall be considered waived. Steo 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shatf be conducted by an arbitrator to be selected by mutua! agreement of the Employer 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, efther party may request the Bureau of Mediation Services 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 (1st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. ` J • 22.5 The arbitrator shail have no right to amend, modify, nuliify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide oniy 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 shali be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or appiication of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shail be final and hinding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shail be borne equally by the Empbyer and the Union, provided that each party sha!! be responsibie Sor compensating its own representative and witnesses. if either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the Empioyer and the Union. 13 � � a33 ARTICLE 23. RIGHT OF SUBCONTRACT � 23.7 The Employer may, at any time during the duration ot this Agreement, coniract out work done by the employees covered by this Agreement. In the event that such contracting would resuft in a reduction of the workforce covered by this Agreement, the Employer shaA give the Union a ninety (90) calendar day notice of the intention to subcontract. 232 The subcontracting of work done by the employees covered by this Agreement shall be in all cases be made only to employers who qual'rfy in accordance with Ordinance No. 14013. ARTICLE 24. NON-DISCRlMINATlON 24.1 The terms and conditions of this Agreement wiil 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. 242 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 25. SEVERABILITY � 25.1 In the event that any provision(s) of this Agreement is deciared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, detertnination or decree no appeal is taken, such provision(s) shali be voided. All other provisions shall confinue in full force and effect. 252 The parties agree to, upon written notice, enter into negotiations to piace the voided provisions of the Agreemenf in compliance wiih the legislative, administrafive or judicia! llElC�f I III IQIN�I. • �� of a33 � � ARTICLE 26. WAIVER 26.1 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 conceming the terms and condftions of employment. The agreements and understandings reached by the parties after the exercise of this right are fiuily and completely sei forth in this Agreement. 26.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or condition of employment whether specificaliy covered or not spec'rfically covered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regufations regarding the terms and conditions of employment, to the e�ctent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 27. MILEAGE 27.1 Employees of the School District, under policy adopted by the Board of Education, may be reimbursed for the use of their automobiles for school business. The mileage allowance for eligible empioyees shali be 31 ¢ per mile, or such higher rate as may be estabiished at the discretion of the Board. An employee must keep a record of each trip made. Reimbursement shall be tor the actual mileage driven in the pertormance of assigned duties as verified by the appropriate school district administrator and in accordance with School District Business Office policies and procedures. • ARTICLE 28. COURT DUTY 28.1. Any employee who is required to appear in court as a juror or as a subpoenaed witness shall be paid his/her regular pay while so engaged, unless the court duty is the result of IBigation undertaken by ihe empioyee or the Union against the Employer. Any fees that the employee shall receive from the court for such service shali be paid to the Employer. Any employee who is scheduled to work a shift other than the normal daytime shift, shali be rescheduled to work fhe normat daytime shift during such time as he/she is required to appear in court as a juror or witness. 15 c�l—�.33 ARTICLE 29. DURATION AND PI..EDGE 29.1 This Agreement shall become effective as of the date of signing, except as specificaliy provided otherwise in Articies t2 and 13, and shali remain in effect through the 31st day of May 2003, and continue in effect irom year to year thereafter untess notice to change or to terminate is given in the manner provided in 29.2. 29.2 if either party desires to terminate or modify this Agreement effective as of the date of expiration, the party wishing to modify or tertninate the AgreemeM shail 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 tertns and conditions of employment estabiished by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievance conceming its application or interpretation may be peacefuily resolved, the parties hereby piedge that during the term of the Agreement: 29.3.1 The Union and the employees witl not engage in, instigate or condone any concerted action in which emp!oyees fail to repoR for d�:ty, wilifuily absent themselves from work, stop work, sloov dowrt their work or absent fhemselves in whole or part from the full, faithfui perfortnance of their duties of employment 29.32 The Employer wiit not engage in, instigate or condone any lockout of employees_ 29.3.3 This constitutes a tentative Agreement between the parties which will be recommended by the school board negoUafor, but is subject to the approval of the Board of Education and is also subject to rat'rfication by the Union. The parties agree and attest by the signature of the foilowing representatives for the Empioyer and the tlnion that this represents the full and complete understanding of the parties for the period of time herein specified. W ITNESSES: INDEPENDENT SCHOOL DISTRICT NO. 625 TWIN CITY G�AZ!cRS, ARCHITECTURAL METALS AND G1ASS WORKERS LOCAL 1324 1�k.�� Busr ss Representaiive i � i�/�v D3fe 16 � � r 1 LJ Q'/J`" O� Date ol � 33 � APPENDIX A The classes of positions recognized by the Employer as being exclusiveiy represented by the Union are as follows: Glazier Lead Glazier Apprentice - Glazier and other classes of positions that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. ! APPENDIX B Ail necessary hand tools. • 17 oi-a33 APPENDfX C C-1 The total hourly cost to the Employer for wages plus any and a11 contributions or deductions stated in Appendix D of this Agreement shall not exceed the following amounts: Glazier Lead Glazier Effective 6-3-00 $34.00 $35.00 Effective 6-2-01 35.75 36.75 Effective 6-1-02 C-2 The total taxable houriy rate including wages and the vacation contribution in Appendix D and excluding all other benefit costs and obligations in Appendix D, for regular and probationary empioyees appointed to the foltowing classes of posifions and who are not covered by the Employer's benefii package described in Articie 12.2 shall be as follows: Giazier Lead Glazier Effective 6-3-00 $28.15 $29.10 Effective 6-2-01 : . Effective 6-1-02 C-2A The basic hourly wage retes in this Section �2A are for compensation analvsis pumoses onlv. These figures represent the portion of the Appendix C, Section G1 rates above specifically allocated to wages. These rates do NOT include taxable benefit contributions and therefore should NOT be used for taxable payroll calcutations. See Section C-2 above for total taxabte payroll information. Glazier Lead Glazier Effective 6-3-00 $23.65 $24.60 Effective 6-2-01 Effective 6-1-02 .> .. The June 2, 2007, houdy rates in Appendices C2, C2A and C3 shali be detertnined at a later date based on the allocation agreed to by the Employer and the Union of the June 2, 2001, total houdy cost stated in Appendi� C7. � The June 1, 2002, hourly rates in Appentlices C2, C2A and C3 shall he detertnined at a later date based on the allocation agreed top by the Employer and the Union of the June 1, 2002, total hourly cost determined for the tfiird year wage reopener. � u \ J � b) a3.3 • � u APPENDIX C (continued) G3 G4 The total taxable hour{y rate including wages and the vacation contribution in Appendix D for temporary empioyees appointed to the foilowing classes of positions shail be: Giazier Lead Giazier Effective 63-00 $25.36 $26.36 Effective Effective 6-2-01 6-1-42 , �, YF If a temporary employee working in a titie iisted in this Section C-3 becomes subject to the requirements of the Pubiic Employees Retirement Act (PERA), which thereby requires the Employer to make contributions to PERA, the caiculated hourly rate of pay may change so the Employer's cost does not exceed the amounts listed in Section C-1 above. The basic hourly wage rates for the Apprentice class of positions: Apprentice 0 - 6 months 7 - 12 months 13 - 18 months 19 - 24 months 25 - 30 months 31 - 36 months 60% of Glazier 65% of Glazier 70% of Glazier 75% of Glazier 80% of Glazier 90% of Glazier A premium pay of ninety cents ($.90) per hour shall be paid for ail swing stage work, such as any work performed from a boatswain's chair, swing scaffold, or scaffold twenty (20) feet or more above the ground. Ail standard safety laws shall be complied with. 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 C-2 through C-4 in such a way that the total cost of the package (wage rate pius contributions) remains constant and does not exceed the amounts shown in Appendix C, Section C-1. The June 2, 2007, hourly rates in Appendices C2, C2A and C3 shali be determined at a later date based on the allocation agreed to by the Employer and the Union of the June 2, 2001, total hourly cost stated in Appendix C1. The June 1, 2002, hourly rates in Appendices C2, C2A and C3 shall be detertnined at a later date based on the allocation agreed top by the Employer and the Union of the June t, 2002, totai hourly cost detertnined for the third year wage reopener. 19 c��-a 33 APPENDIX D Effective June 3, 2000, Employer shaii forward the amounts designated in this Appendix D for participating empioyees covered by this Agreement and defined in Articles 12.3, 12.4, and 12.5 to depositories as directed by the Union and agreed ro by the Emptoyer: (1) $4.50 per hour for all hours worked from which all appropriate payroll deductions have been made to a Union-designated Vacation Fund. This pavment shall onlv be made for reqular emolovees oaid at the Aooendix C. Section C-2 rate. (2j $3.i 5 per hour for afl hours worked fo a Union-designated Health and Welfare Fund. (3) $1.00 per hour for ali hours worked to a Union-designated Intemational Pensic (4) $24 per hour for a(I hours worked to a Union-designated A�orenticeship Fund. (5) For temporary employees paid at the Appendix C, Section C-3 rates; forward $1.50 per hour for aii hours worked from which all appropriate payroll deductions have been made to a Union-designated Vacation Fund and $5.25 per hour for ali hours worked to a Union-designated Pension Fund. • The Employer shall make legally established no�-negotiated pension contributions to PERA. Changes in the mandated PERA rate may change the Calculated hourly base rate of pay so the Employer's cost does not exceed the amounts listed in Appendix C, Section C-1 above. All contributions made in accordance with this Appendix D shall be deducted from and are not in � addition to the amounts shown in Appendix C, Section G1. The Appendix D amounts shali be forwarded to depositories as directed by the Union and agreed to by the Employer. These funds will typicaily be fonrrarded by the 15th, but not later than the 24th, of the month following the month in which the hours were worked. The Employer shall estabiish Workers' 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 shali not be eligible for, govemed by or accumulate vacation, sick leave, holiday, funeral leave, or iiu^uf8in^.2 ii�� .�'.8^E!I:S L�:2: 8:° O' :RH� ho wc(�hliS�'!2L h� ?SfS9[�.f121 �l1�BS CiOUfiCI� �fC�1I12I10E or Council Resolutions. The EmployePs fringe benefii obligation to participating employees as defined in Articles 72.3, 12.4, and 12.5 is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds Yo which the Employer has fonvarded contributions and/or deductions. � � caun�� Fue # o t-� 33 ORIGINAL Presented by Referred To Committee Date RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 10370 5 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 2000 - 2003 Employment Agreement between the Independent School Dishict No. 625 and the Twin City Glaziers, Architectural Metals and Glass Workers Loca1 1324 to establish terms and conditions of 4 employment. Requested by Departtnent o£ Office of Labor Relations By: � Form Appr ed by ' Att iey B . � r Adopted by Council: Date �� \ pp � Adoption Certified by Council Secretazy �y: �� Approved by Mayor: Date �'V�/� - 4� /�d�J' � By: Approved by�yor for Sub nission to Council BY ' i[ SiY1i„( �l�(%/�0"�-� INDEPENDENT SCHOOL DISTRICT NO. 625 d�.�33 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS DATE: August 15, 2000 TOPIC: Approval of an Employment Agreement With Twin Cities G(aziers, Architectural Metals and Glass Workers Local 1324, to Establish Terms and Conditions of Employment for 2000-2003 A. PERTINENT FACTS: 1. New Agreement is for the three-year period June 1, 2000 through May 31, 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 onfy. 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 three regular F.T.E. in this bargaining unit. 5. The maintenance of buildings promotes a quality learning environment that supports the teaching target of preparing all students for life. 6. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager; Wayne Arndt, Negotiations/Labor Relations Manager; Richard Kreyer, Executive Director of Human Resources and Labor Relations; and William Larson, Deputy Superintendeni. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom Twin Cities Glaziers, Architectural Metals and Glass Workers Local 1324, is the exclusive representative; duration of said Agreement is for the period of June 1, 2000 through May 31, 2003. DEPARTMENC/OFFICE/COUNCIL: DATE INLTTATED GREEN SHEET No.• 10370 �LABOR RELA'ITONS February 21, 2001 ' O(• e�3: CONTACI' PERSON & PHONE: � Aie mitTTALDAiE NLIE KRAUS 266-6513 �IGV 1 DEPARTMENT DIR 4 CITYCOUNCIL NUMBER 2 CITY ATIORNEY CTTY CLERK MUST BE ON COUNCII. AGENDA BY (DATE) FOR BUDCEC DIR. FIN. & MGT. SERVICE DIlt ROi7'S'ING 3 MAYOR (OR ST.) ORDER TOTAL � OF SIGNATURE PAGES_1 (CLIP ALL LOCAT[ONS FOR SIGNATORE) ncrioN �QUES-rEn: This resolution approves the attached 2000 - 2003 Employment Agreement between Independent School District No. 625 and the Twin City Glaziers, Architectival Metals and Giass VJorkers Local 1324 to establish terms and conditions of employment. RECOMMENDATTONS: Approve (A) or Reject (R) PERSONAL SERVICE CON112ACfS MIJST ANSWER THE FOLLOWING QUESTIONS: PLANNING WMMISSION _CIVIL SERVICE COMIvIISSION 1. Haz this person/Srm ever worked wder a contract for this department? CIB COMMITTEE Yes No STAFF 2. Has this pe�soNfilm ever been a city employee? DISTRICT COURT Yes No SUPPORTS WHICH COIINCIL OBJECII VE? 3. Does this person/firm possess a skill �ot normally possessed by any cmrent ciTy employee? Yc No Explain all yes answers on separate sheet aod attach to green sdeet INITIATING PROBLEM, ]SSUE, OPPORTUNTTY (Whq What, When, Where, Why): This Agreement pertains to Board of Education employees only. ADVANTAGESIFAPPROVED: DIS.4DVANTAGES IF APPROVED' DISADVANTAGES IF NOT APPROVED: � TOTAL AMOUNT OF TRANSACTTON: COST/REVENUE BUDGETED: FONDING SOURCE: AC'ITVI'IY NUMBER: pa„�� Qa�Gh �e3� tl� Wj FINANCIAL INFORMATTON: (EXPLAIih �vxa�� ' +t' 20�1 o:�;: � � v ai a33 : • • � ARTICLE Articie Article Article Article Article Article Article Article Articie Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article 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. TABLE OF CONTENTS TITLE Preamble........................................................�---................---�-• Purpose .....................................................�--................----•--..... Recognition ................................................................�----.......... Employer ......................................�---�--.......................... UnionRights ..........................................................................�-- Scope of the Agreement ........................................................... Probationary Periods ................................................................ Phifosophy of Emptoyment and Compensation ........................ Hoursof Work .......................................................................... Overtime ................................................................................... Call Back .................................................................................. Work Location .......................................................................... Wages ...................................................................................... Fringe Benefits ......................................................................... Selection of Lead Gfazier and General Lead Glazier ............... Holidays .................................................................................... Disciplinary Procedures ............................................................ Absences From Work ............................................................... Seniority .................................................................................... Ju risd iction ........................�--..................................................... Separation ................................................................................ Tools......................................................................................... Grievance Procedure .............................................................�-- Right of Subcontract ............................................................�•--• Non-Discrimination ................................................................... Severabiiity ............................................................................... Waiver ...................................................................................... Mileage..................................................................................... Court Duty ................................................................................ Duration and Piedge ................................................................. Appendix ............................................................................. AppendixB ............................................................................. AppendixC ............................................................................. Appendix ............................................................................. PAG E ...-°°° ................ iv ...........................1 ......................�--..1 ..................... •--...1 ........................... 2 ........................... 2 ........................... 3 ........................... 3 ........................... 4 ........................... 5 ........................... 5 ........................... 5 ........................... 6 ........................... 7 ........................... 7 ........................... 8 ........................... 9 ........................... 9 .........................10 .........................11 .........................11 .........................11 .........................12 .........................14 .........................14 .........................14 .........................15 .........................15 .........................15 .........................16 .........................17 .........................17 ....................18-19 ......................... 20 � o� a�3 PREAMBLE This Agreement is entered into between independent Schooi District No. 625, hereinafter referred to as the Employer, and Twin City Glaziers and Glass Workers Locai 1324, hereinafter referred to as fhe Union. The Empioyer and the Union concur that this Agreement has as its objective the promotion of the responsibiiities of the Independent School District No. 625 for the benefit of the generai public through effective labor-management cooperation. The Employer and the Union both realize that this goai depends not only on the words in the Agreement but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general pubiic. � • � iv O! d 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 orderfy and peaceTul relations, thereby estabiishing a system of uninterrupted operations and the highest level of employee pertormance that is consistent with the safety and well-being of all concemed; 1.1.2 Set forth rates of pay, hours of work, and otfier conditions of employment as have been agreed upon by the Employer and the Union; 1.1.3 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation o( this Agreement without loss ot productivity. 1.2 The Employer and the Union agree that this Agreement serves as a suppiement to legislation that creates and directs the Employer. 1f any part of tfiis Agreement is in conflict with such legislation, ihe 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 (Severability). ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for coliective � bargaining purposes for ali personnel having an employment 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. 90-PCL-3169 dated February 26, 1990. 22 The ciasses of posftions recognized as being exclusively represented by the Union are as listed in Appendix A. ARTICLE 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 technoiogy; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifiCa{ly timited by this Agreement. 32 Any �term or condition of empioymenY' not established by this Agreement shail remain with the Employer to eliminate, modify or establish following written notification to the Union. • o► a�3 ARTICLE 4. UNION RIGH7S � 4.1 The Empioyer shali deduct $85 per month to cover monthly Union dues from the wages of empioyees who authorize such a deduction in writing. Such monies deducted shall be remitted as directed by the Union. 4.1.1 The Employer shall not deduct dues from the wages of emptoyees covered by this Agreement for any other labor organization. 4.12 The Union shall indemnify and save harmless the Employer from any and all ciaims or charges made against the Employer as a result of the implementation of this Articie. 4.2 The Union may designate one (i) employee from the bargaining unit to act as a Steward and shali inform the Employer in writing of such designation. Such employee shali have the right and responsibilities as designated in Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Empfoyer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Employer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the �terms and conditions of employmenY' defined by � Minnesota Statute. § 179A.03, Subdivision 19, for ali employees exciusively represented by the Union. This Agreement shail supersede such `terms and conditions of employmenY' established by Civil Service Rule, Council Ordinance, and Council Resolutian. • o� a33 • ARTICLE 6. PROBASIONARY PERIODS 6.1 All personnel, originally hired or rehired following seQaration, in a regular employment status shali serve a six (6) month probationary period during which time the empioyee's fitness and ability to pertorm the class of positions' duties and responsibilfties shall be evaluated. 6.1.1 At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 62 Ail personnel promoted to a higher class of positions shall serve a six (6) month promotional probationary period during which time the employee's fitness and ability to pertorm the class of positions' duties and responsibilities shall be evaivated. 62.1 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 tMe Employer without appeai to the provisions of Article 22 (Grievance Procedure). 62.2 An employee demoted during the promotional probationary period shall be returned to the employee's previousiy-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. ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The Employer and the Union are in full agreement that the philosophy of employment and compensation shail be a"cash" hourly wage and "industry' fringe benefit system. 7.2 The Employer shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages) and 13 (Fri�ge 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 individuaily optioned to be `grandfathered° as provided by Article 12.2. • b [ �3 ARTICLE 8. HOURS OF WORK 8.1 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 82 The normal work week shall be five (5) consecutive normal workdays Monday through Friday. 8.3 If, during the term of this Agreement, ft is necessary in the Empioyer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter inTo negotiations immediately to establish the condftions of such shifts and/or work weeks. 8.4 This Section shali not be construed as, and is not a guaraniee of, any hours ot work per normal workday or per normal work week, 8.5 AU employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established workday unless othervvise directed by their supervisor. 8.6 All employees are subject to cali back by the Employer as provided by Article 10 (Caii 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, uniess notification has been given not to report for work prior to leaving home, or during the previous workday. � • 4 �� a33 � i � ARTICLE 9. OVERTIME 9.1 Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by order of the head of the department. An empioyee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-haif basis or by being paid on a time-and-one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the Employer. 92 The rate of one and one-half (1-1/2) the basic houriy rate shaii be the overtime rate for work pertormed under the following circumstances: 92.1 Time worked in excess of eight (8) hours in any one normal workday, and 922 Time worked in excess of forty (40) hours in a normal work week. 9.3 For the purpose of calculating overtime compensation, overtime hours worked shall not be °pyramided,° compounded or paid twice for the same hours worked. ARTICLE 10. CALL BACK 10.1 The Employer retains the right to call back employees before an employee has started a normal workday or normal work week and after an employee has completed a normal workday or normal work week. 102 10.3 Employees cailed back shall receive a minimum of four (4) hours of pay at the basic hourly rate. The hours worked based on a cail back shall be compensated in accordance with Article 9(Overtime), when applicable, and subject to the minimum estabiished by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal workday shall complete the normal workday and be compensated only for the overtime hours worked in accordance with Articie 9 (Overtime). ARTICLE 11. WORK LOCATION 11.1 Empioyees shall report to work location as assigned by a designated Employer supervisor. Duri�g the normal workday, employees may be assigned to other work locations at the discretion of the Employer. 112 Empioyees assigned to work locations during the normal workday other than their original assignment, and who are required to furnish their own transportation, shall be compensated for mileage as set forth in Article 27 (Mileage). Ny e� a� ARTICLE 12. WAGES • 12.1 The basic hourly wage rates as established by Appendix C shall be paid for aIi hours worked by an employee. 122 Employees who are covered by the fringe benefifs listed be(ow shall continue to be covered by such benefits. They shall be subject to all other provisions of the Agreement, but shali not have hourly fringe benefft contributions and/or deductions made on their beha�f as provided for by Article 13 (Fringe Benefitsj. 122.1 Insurance premium contributions as established by the Employer inciuding life, hospital, and healfh insurance premium contributions as established as of the date of the eariy retirement for early retirees who have retired since November 1, 1984, until such time as they reach sixty-five (65) years of age. In order to be eligible for the insurance premium contributions under the early retiree provision, the employee must: 12.2.1.1 Be receiving benefits from a pubiic employee retirement act at the time of refirement. 122.12 Have severed the employment relationship with the City of Saint Paul and Independent School District No. 625 under one of the early retiree plans. 12.2.i.3 Inform the Human Resource Department of lndependent School District No. 625 and the Office of Human Resources, City of Saint Paul in writing within sixty (60) days of empioyee's early retirement � date that he or she wishes to be eligible for eariy retiree insurance benefits. 122.1.4 Retire prior to May 31, 2000. 12.3 Regular employees not covered by the fringe benefits listed in Article 122 shail be considered, for the purposes of this Agreement, participating employees and shail be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (Fringe Benefits). 12.4 Temporary employees shall be considered, for the purposes of this Agreement, participating empioyees and shall be compensated in accordance with Articie i2.i (Wages) and have fringe benefit contributions and/or deductions made in their behaif as provided for by Article 13 (Fringe Benefits). 12.5 All regular employees empioyed after February 75, 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 Beneffts). � �r a �3 � ARTICLE 13. FRINGE BEfVEFITS 13.1 The Employer shall make contributions on behalf of and/or make deductions from the , wages of participating empioyees as defiined by Articles �2.3, 12.4, and 12.5 covered by this Agreement in accordance with Appendix D for all hours worked. ARTICLE 14. SELECTION OF LEAD GLAZIER AND GENERAL LEAD GLAZIER 14.1 The selection of personnel for the ciass of position Lead Glazier and General Lead Giazier shall remain solely with the Employer. 14.2 The class of position Lead Glazier shall be filled by employees of the bargaining unit on a `temporary assignment" 14.3 All `Yemporary assignments" shall be made only at the direction of a designated Employer supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal workday. � � 7 01- a33 ARTICLE 15. HOLIDAYS 15.1 The foltowing nine (9) days shall be designated as holidays: New Year'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 J uly 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25. 152 When New Yea�'s Day, Independence Day or Christmas Day fails on a Sunday, the following Monday shall be considered the designated holiday. When arty of these ihree (3) holidays faiis on a Saturday, the preceding Friday shall 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, employees may be scheduled or "cailed back" in accordance wifh Article 10 (Call Back). 15.5 Participating empioyees as defined in Artictes 12.3, 12.4, and f2.5 assigned to work on Martin Luther King, Jr. Day, Presidents' Day, or day after Thanksgiving shali be compensated on a straight-time basis for such hours worked. 15.6 Such participating employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate of such hours worked. 15.7 If an empioyee other than a participating employee entitled to a holiday is required to work on Martin Luther King, Jr. Day, Presidents' Day, or the day after Thanksgiving, the empfoyee shall be granted anotfier day off with pay in Iieu fhereof as soon thereafter as the convenience of the department permits or the employee shall be paid on a straight- time basis for such hours worked, in addition to the regular holiday pay. ii 8� Z�TiNit'iyE'v vu`�vi i , i8i � 8 j�ciiCij�8� �y^ 8T^j :.^,j ° 9:l:::18� !O H hQI!L�3� �s required-to work on New Year's Day, Memoriai Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, the employee shali be recompensed for work done on this day 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 hours worked, in addition to the regular holiday pay. 0 � � u a� a�3 • ARTICLE 16. DISCIPLINARY PROCEDURES 16.1 162 The Employer shali have the right to impose disciplinary actions on empioyees for just cause. Discipiinary actions by the Employer shail include only the following actions: 16.2.1 Oral reprimand; 162.2 Written reprimand; 16.2.3 Suspension; 16.2.4 Demotion; 162.5 Discharge. 16.3 Empioyees who are suspended, demoted or discharged shall retain ail rights under Minnesota Statute § 179A.20, Subd. 4., and thereby shall have the right to request that such actions be considered a`grievance" for the purpose of processing through the provisions of Articie 22 (Grievance Procedure). Once an employee, or the Union acting in the empioyee's behalf initiates review of an action, that matter shall not be reviewed in another forum. Orai reprimands shall not be subject to the grievance review procedures. 16.4 Preliminarv Review. Prior to issuing a disciplinary aciion of unpaid suspension, demotion, or discharge, the supervisor will make a recommendation to his/her supervisor regarding proposed discipline. That supervisor wiil then schedule a meeting with the employee prior to making a final determination of the proposed discipline. The employee shall have the opportunity to have union representation present and be provided the opportunity to speak on his/her behalf regarding the proposed action. If the employee is unable to meet with the supervisor, ihe employee will be given the opportunity to respond in writing. � ARTICLE 17. ABSENCES FROM 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 possible, but in no event later than the beginning of such workday. 172 17.3 Faiiure to make such notification may be grounds for discipline as provided in Article 16 (Discipiinary Procedures). Failure to report for wosk without notification for three (3) consecutive normal workdays may be considered a`quiY' by the Empioyer on the part of the employee. • �i-a3� ARTICLE 18. SENlORITY 18.1 For the purpose of this Articie the following terms shall be defined as follows: 18.1.1 The term, °Employer," shall mean Independent School District No. 625, Saint Paul Public Schoois. 18.12 The term, "Master Seniority,° shall mean the length of continuous regular and probationary service with the Empioyer from the date an employee was first appointed to any class title with the Empioyer covered by this Agreement. 18.1.3 The term, "Class Seniority' shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a position wifh fhe Employer in a cfass fif(e covered by fhis Agreement. This Section 18.1.3 is intended to mean that for any person no matter what the person's prior experience or how hired by the District, the person's class seniority starts at zero the day they are appointed to a School District posfion in that title and begins to be calculated from that dafe. An employee's Class Seniority does not revert to zero following recali from an Empioyer initiated layoff within the twenty-four (24 ) month recall rights period specified in 18.4. This definition of class seniority would be used for all layoff decisions. � 182 Seniority shali 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 iflness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Empioyer or to an elected or appointed full-time position with � the Union. 18.3 Seniority shall 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, employees will be iaid off by class titie within each Department based on inverse length of "Class Seniority." Employees laid off by the Employer shall have the right to reinstatement in any lower-paid class titie previousiy heid which is covered by this Agreement, provided empioyee has greater "Class Seniority' than the employee being repfaced. Recaf( from layoff shali be in inverse order of tayoff, except that recatf rights shall expire after twenty-four (24 ) months from the last day of work preceding the layoff. iv0 O�iBi ".ivii Scivii.c i2�.8ii Pf.3ti:S :.^. :�:I Em.r!ey SF:E.II a�r nlv ThlS provision does not rs • address any rights the empioyee may have to be recalled io any other empJoyer. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority," subject to the approvai of the Empioyer_ \ I 10 Ol a3_j � ARTICLE 19. JURISDICTION 19.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate subject to detertnination by the various unions representing employees of the Empioyer. 192 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 19.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Employer shali meet as soon as mutualiy possible to resolve the dispute. Nothing in the foregoing shail restrict the right of the Employer to accompiish the work as originaily assigned pending resolution of the dispute or to restrict the Empioyer's basic right to assign work. 19.4 Any employee refusing to pertorm work assigned by the Employer and as ciar'rfied by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20. SEPARATION • 20.1 Employees having a probationary or regular empioyment status shall be considered separated from employment based on the following actions: 20.1.1 Resianation. Employees resigning from empioyment shail give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.12 Discharae. As provided in Article 16. 20.1.3 Failure to Reoort for Dutv. As provided in Article 17. 20.2 Employees having a temporary employment status may be terminated at the discretion of the Empioyer befiore the compfetion of a normal workday. ARTICLE 21. TOOLS 21.1 All employees shall personaily provide themselves with the tools of the trade as listed in Appendix B. • 11 01-�33 ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall 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 Employer and the Union that the processing of grievartces as hereinafter provided is limited by the job duties and responsibifities of the employees and shall therefore be accompiished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shail 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 detrimentai to the work programs of the Employer. 22.3 The procedure established by this Article shall, except as previously noted in Article 16 (Disciplinary Procedures), be the sole and exciusive procedure for the processing of grievances, which are defined as an aileged violation of the terms and co�ditions of this Agreement. 22.4 Grievances sfiall be reso(ved in conformance with fhe foflowing procedure: � Steo 1. Upon the occurrence of an aileged violation of this Agreement, the employee involved shall attempt to resobe the matter on an informal basis with the empioyee's supervisor. If the matter is not resolved to the empioyee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shaii set iorth the nature . of the grievance, the facts on which it is based, the aileged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union wfthin seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonabie diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Ste° 2. Within seven (7) calendar days after rece"nring the written grievance, a designated Empioyer Supervisor shall meet with the Union Steward and attempt to resolve the grievance, If, as a resuit of this meeting, the grievance remains unresolved, the Employer shali reply in writing to the Union within three i3} ;,aler, :a�-�ay5 €�l;�::i.^.y :!;s r.^.�#i.^.g_ ?ne Un�on may refer the grievance in writing to Sfep 3 within seven (7) ca(endar days foflowing receipt of fhe Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employers answer shail be considered waived. C � 12 c�r-a3� � ARTICLE 22. GRIEVANCE PROCEDURE (COntinued) Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Empioyer supervisor shaii meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days foliowing this meeting, the Employer shall reply in writing to the Union stating the EmployePs answer conceming the grievance. If, as a resuft of the written response, the grievance remains unresolved, the Union may refer fhe grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days foliowing receipt of the Employer's answer shall be considered waived. Steo 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shatf be conducted by an arbitrator to be selected by mutua! agreement of the Employer 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, efther party may request the Bureau of Mediation Services 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 (1st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. ` J • 22.5 The arbitrator shail have no right to amend, modify, nuliify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide oniy 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 shali be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or appiication of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shail be final and hinding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shail be borne equally by the Empbyer and the Union, provided that each party sha!! be responsibie Sor compensating its own representative and witnesses. if either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the Empioyer and the Union. 13 � � a33 ARTICLE 23. RIGHT OF SUBCONTRACT � 23.7 The Employer may, at any time during the duration ot this Agreement, coniract out work done by the employees covered by this Agreement. In the event that such contracting would resuft in a reduction of the workforce covered by this Agreement, the Employer shaA give the Union a ninety (90) calendar day notice of the intention to subcontract. 232 The subcontracting of work done by the employees covered by this Agreement shall be in all cases be made only to employers who qual'rfy in accordance with Ordinance No. 14013. ARTICLE 24. NON-DISCRlMINATlON 24.1 The terms and conditions of this Agreement wiil 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. 242 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 25. SEVERABILITY � 25.1 In the event that any provision(s) of this Agreement is deciared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, detertnination or decree no appeal is taken, such provision(s) shali be voided. All other provisions shall confinue in full force and effect. 252 The parties agree to, upon written notice, enter into negotiations to piace the voided provisions of the Agreemenf in compliance wiih the legislative, administrafive or judicia! llElC�f I III IQIN�I. • �� of a33 � � ARTICLE 26. WAIVER 26.1 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 conceming the terms and condftions of employment. The agreements and understandings reached by the parties after the exercise of this right are fiuily and completely sei forth in this Agreement. 26.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or condition of employment whether specificaliy covered or not spec'rfically covered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regufations regarding the terms and conditions of employment, to the e�ctent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 27. MILEAGE 27.1 Employees of the School District, under policy adopted by the Board of Education, may be reimbursed for the use of their automobiles for school business. The mileage allowance for eligible empioyees shali be 31 ¢ per mile, or such higher rate as may be estabiished at the discretion of the Board. An employee must keep a record of each trip made. Reimbursement shall be tor the actual mileage driven in the pertormance of assigned duties as verified by the appropriate school district administrator and in accordance with School District Business Office policies and procedures. • ARTICLE 28. COURT DUTY 28.1. Any employee who is required to appear in court as a juror or as a subpoenaed witness shall be paid his/her regular pay while so engaged, unless the court duty is the result of IBigation undertaken by ihe empioyee or the Union against the Employer. Any fees that the employee shall receive from the court for such service shali be paid to the Employer. Any employee who is scheduled to work a shift other than the normal daytime shift, shali be rescheduled to work fhe normat daytime shift during such time as he/she is required to appear in court as a juror or witness. 15 c�l—�.33 ARTICLE 29. DURATION AND PI..EDGE 29.1 This Agreement shall become effective as of the date of signing, except as specificaliy provided otherwise in Articies t2 and 13, and shali remain in effect through the 31st day of May 2003, and continue in effect irom year to year thereafter untess notice to change or to terminate is given in the manner provided in 29.2. 29.2 if either party desires to terminate or modify this Agreement effective as of the date of expiration, the party wishing to modify or tertninate the AgreemeM shail 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 tertns and conditions of employment estabiished by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievance conceming its application or interpretation may be peacefuily resolved, the parties hereby piedge that during the term of the Agreement: 29.3.1 The Union and the employees witl not engage in, instigate or condone any concerted action in which emp!oyees fail to repoR for d�:ty, wilifuily absent themselves from work, stop work, sloov dowrt their work or absent fhemselves in whole or part from the full, faithfui perfortnance of their duties of employment 29.32 The Employer wiit not engage in, instigate or condone any lockout of employees_ 29.3.3 This constitutes a tentative Agreement between the parties which will be recommended by the school board negoUafor, but is subject to the approval of the Board of Education and is also subject to rat'rfication by the Union. The parties agree and attest by the signature of the foilowing representatives for the Empioyer and the tlnion that this represents the full and complete understanding of the parties for the period of time herein specified. W ITNESSES: INDEPENDENT SCHOOL DISTRICT NO. 625 TWIN CITY G�AZ!cRS, ARCHITECTURAL METALS AND G1ASS WORKERS LOCAL 1324 1�k.�� Busr ss Representaiive i � i�/�v D3fe 16 � � r 1 LJ Q'/J`" O� Date ol � 33 � APPENDIX A The classes of positions recognized by the Employer as being exclusiveiy represented by the Union are as follows: Glazier Lead Glazier Apprentice - Glazier and other classes of positions that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. ! APPENDIX B Ail necessary hand tools. • 17 oi-a33 APPENDfX C C-1 The total hourly cost to the Employer for wages plus any and a11 contributions or deductions stated in Appendix D of this Agreement shall not exceed the following amounts: Glazier Lead Glazier Effective 6-3-00 $34.00 $35.00 Effective 6-2-01 35.75 36.75 Effective 6-1-02 C-2 The total taxable houriy rate including wages and the vacation contribution in Appendix D and excluding all other benefit costs and obligations in Appendix D, for regular and probationary empioyees appointed to the foltowing classes of posifions and who are not covered by the Employer's benefii package described in Articie 12.2 shall be as follows: Giazier Lead Glazier Effective 6-3-00 $28.15 $29.10 Effective 6-2-01 : . Effective 6-1-02 C-2A The basic hourly wage retes in this Section �2A are for compensation analvsis pumoses onlv. These figures represent the portion of the Appendix C, Section G1 rates above specifically allocated to wages. These rates do NOT include taxable benefit contributions and therefore should NOT be used for taxable payroll calcutations. See Section C-2 above for total taxabte payroll information. Glazier Lead Glazier Effective 6-3-00 $23.65 $24.60 Effective 6-2-01 Effective 6-1-02 .> .. The June 2, 2007, houdy rates in Appendices C2, C2A and C3 shali be detertnined at a later date based on the allocation agreed to by the Employer and the Union of the June 2, 2001, total houdy cost stated in Appendi� C7. � The June 1, 2002, hourly rates in Appentlices C2, C2A and C3 shall he detertnined at a later date based on the allocation agreed top by the Employer and the Union of the June 1, 2002, total hourly cost determined for the tfiird year wage reopener. � u \ J � b) a3.3 • � u APPENDIX C (continued) G3 G4 The total taxable hour{y rate including wages and the vacation contribution in Appendix D for temporary empioyees appointed to the foilowing classes of positions shail be: Giazier Lead Giazier Effective 63-00 $25.36 $26.36 Effective Effective 6-2-01 6-1-42 , �, YF If a temporary employee working in a titie iisted in this Section C-3 becomes subject to the requirements of the Pubiic Employees Retirement Act (PERA), which thereby requires the Employer to make contributions to PERA, the caiculated hourly rate of pay may change so the Employer's cost does not exceed the amounts listed in Section C-1 above. The basic hourly wage rates for the Apprentice class of positions: Apprentice 0 - 6 months 7 - 12 months 13 - 18 months 19 - 24 months 25 - 30 months 31 - 36 months 60% of Glazier 65% of Glazier 70% of Glazier 75% of Glazier 80% of Glazier 90% of Glazier A premium pay of ninety cents ($.90) per hour shall be paid for ail swing stage work, such as any work performed from a boatswain's chair, swing scaffold, or scaffold twenty (20) feet or more above the ground. Ail standard safety laws shall be complied with. 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 C-2 through C-4 in such a way that the total cost of the package (wage rate pius contributions) remains constant and does not exceed the amounts shown in Appendix C, Section C-1. The June 2, 2007, hourly rates in Appendices C2, C2A and C3 shali be determined at a later date based on the allocation agreed to by the Employer and the Union of the June 2, 2001, total hourly cost stated in Appendix C1. The June 1, 2002, hourly rates in Appendices C2, C2A and C3 shall be detertnined at a later date based on the allocation agreed top by the Employer and the Union of the June t, 2002, totai hourly cost detertnined for the third year wage reopener. 19 c��-a 33 APPENDIX D Effective June 3, 2000, Employer shaii forward the amounts designated in this Appendix D for participating empioyees covered by this Agreement and defined in Articles 12.3, 12.4, and 12.5 to depositories as directed by the Union and agreed ro by the Emptoyer: (1) $4.50 per hour for all hours worked from which all appropriate payroll deductions have been made to a Union-designated Vacation Fund. This pavment shall onlv be made for reqular emolovees oaid at the Aooendix C. Section C-2 rate. (2j $3.i 5 per hour for afl hours worked fo a Union-designated Health and Welfare Fund. (3) $1.00 per hour for ali hours worked to a Union-designated Intemational Pensic (4) $24 per hour for a(I hours worked to a Union-designated A�orenticeship Fund. (5) For temporary employees paid at the Appendix C, Section C-3 rates; forward $1.50 per hour for aii hours worked from which all appropriate payroll deductions have been made to a Union-designated Vacation Fund and $5.25 per hour for ali hours worked to a Union-designated Pension Fund. • The Employer shall make legally established no�-negotiated pension contributions to PERA. Changes in the mandated PERA rate may change the Calculated hourly base rate of pay so the Employer's cost does not exceed the amounts listed in Appendix C, Section C-1 above. All contributions made in accordance with this Appendix D shall be deducted from and are not in � addition to the amounts shown in Appendix C, Section G1. The Appendix D amounts shali be forwarded to depositories as directed by the Union and agreed to by the Employer. These funds will typicaily be fonrrarded by the 15th, but not later than the 24th, of the month following the month in which the hours were worked. The Employer shall estabiish Workers' 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 shali not be eligible for, govemed by or accumulate vacation, sick leave, holiday, funeral leave, or iiu^uf8in^.2 ii�� .�'.8^E!I:S L�:2: 8:° O' :RH� ho wc(�hliS�'!2L h� ?SfS9[�.f121 �l1�BS CiOUfiCI� �fC�1I12I10E or Council Resolutions. The EmployePs fringe benefii obligation to participating employees as defined in Articles 72.3, 12.4, and 12.5 is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds Yo which the Employer has fonvarded contributions and/or deductions. � � caun�� Fue # o t-� 33 ORIGINAL Presented by Referred To Committee Date RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 10370 5 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 2000 - 2003 Employment Agreement between the Independent School Dishict No. 625 and the Twin City Glaziers, Architectural Metals and Glass Workers Loca1 1324 to establish terms and conditions of 4 employment. Requested by Departtnent o£ Office of Labor Relations By: � Form Appr ed by ' Att iey B . � r Adopted by Council: Date �� \ pp � Adoption Certified by Council Secretazy �y: �� Approved by Mayor: Date �'V�/� - 4� /�d�J' � By: Approved by�yor for Sub nission to Council BY ' i[ SiY1i„( �l�(%/�0"�-� INDEPENDENT SCHOOL DISTRICT NO. 625 d�.�33 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS DATE: August 15, 2000 TOPIC: Approval of an Employment Agreement With Twin Cities G(aziers, Architectural Metals and Glass Workers Local 1324, to Establish Terms and Conditions of Employment for 2000-2003 A. PERTINENT FACTS: 1. New Agreement is for the three-year period June 1, 2000 through May 31, 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 onfy. 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 three regular F.T.E. in this bargaining unit. 5. The maintenance of buildings promotes a quality learning environment that supports the teaching target of preparing all students for life. 6. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager; Wayne Arndt, Negotiations/Labor Relations Manager; Richard Kreyer, Executive Director of Human Resources and Labor Relations; and William Larson, Deputy Superintendeni. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom Twin Cities Glaziers, Architectural Metals and Glass Workers Local 1324, is the exclusive representative; duration of said Agreement is for the period of June 1, 2000 through May 31, 2003. DEPARTMENC/OFFICE/COUNCIL: DATE INLTTATED GREEN SHEET No.• 10370 �LABOR RELA'ITONS February 21, 2001 ' O(• e�3: CONTACI' PERSON & PHONE: � Aie mitTTALDAiE NLIE KRAUS 266-6513 �IGV 1 DEPARTMENT DIR 4 CITYCOUNCIL NUMBER 2 CITY ATIORNEY CTTY CLERK MUST BE ON COUNCII. AGENDA BY (DATE) FOR BUDCEC DIR. FIN. & MGT. SERVICE DIlt ROi7'S'ING 3 MAYOR (OR ST.) ORDER TOTAL � OF SIGNATURE PAGES_1 (CLIP ALL LOCAT[ONS FOR SIGNATORE) ncrioN �QUES-rEn: This resolution approves the attached 2000 - 2003 Employment Agreement between Independent School District No. 625 and the Twin City Glaziers, Architectival Metals and Giass VJorkers Local 1324 to establish terms and conditions of employment. RECOMMENDATTONS: Approve (A) or Reject (R) PERSONAL SERVICE CON112ACfS MIJST ANSWER THE FOLLOWING QUESTIONS: PLANNING WMMISSION _CIVIL SERVICE COMIvIISSION 1. Haz this person/Srm ever worked wder a contract for this department? CIB COMMITTEE Yes No STAFF 2. Has this pe�soNfilm ever been a city employee? DISTRICT COURT Yes No SUPPORTS WHICH COIINCIL OBJECII VE? 3. Does this person/firm possess a skill �ot normally possessed by any cmrent ciTy employee? Yc No Explain all yes answers on separate sheet aod attach to green sdeet INITIATING PROBLEM, ]SSUE, OPPORTUNTTY (Whq What, When, Where, Why): This Agreement pertains to Board of Education employees only. ADVANTAGESIFAPPROVED: DIS.4DVANTAGES IF APPROVED' DISADVANTAGES IF NOT APPROVED: � TOTAL AMOUNT OF TRANSACTTON: COST/REVENUE BUDGETED: FONDING SOURCE: AC'ITVI'IY NUMBER: pa„�� Qa�Gh �e3� tl� Wj FINANCIAL INFORMATTON: (EXPLAIih �vxa�� ' +t' 20�1 o:�;: � � v ai a33 : • • � ARTICLE Articie Article Article Article Article Article Article Article Articie Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article 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. TABLE OF CONTENTS TITLE Preamble........................................................�---................---�-• Purpose .....................................................�--................----•--..... Recognition ................................................................�----.......... Employer ......................................�---�--.......................... UnionRights ..........................................................................�-- Scope of the Agreement ........................................................... Probationary Periods ................................................................ Phifosophy of Emptoyment and Compensation ........................ Hoursof Work .......................................................................... Overtime ................................................................................... Call Back .................................................................................. Work Location .......................................................................... Wages ...................................................................................... Fringe Benefits ......................................................................... Selection of Lead Gfazier and General Lead Glazier ............... Holidays .................................................................................... Disciplinary Procedures ............................................................ Absences From Work ............................................................... Seniority .................................................................................... Ju risd iction ........................�--..................................................... Separation ................................................................................ Tools......................................................................................... Grievance Procedure .............................................................�-- Right of Subcontract ............................................................�•--• Non-Discrimination ................................................................... Severabiiity ............................................................................... Waiver ...................................................................................... Mileage..................................................................................... Court Duty ................................................................................ Duration and Piedge ................................................................. Appendix ............................................................................. AppendixB ............................................................................. AppendixC ............................................................................. Appendix ............................................................................. PAG E ...-°°° ................ iv ...........................1 ......................�--..1 ..................... •--...1 ........................... 2 ........................... 2 ........................... 3 ........................... 3 ........................... 4 ........................... 5 ........................... 5 ........................... 5 ........................... 6 ........................... 7 ........................... 7 ........................... 8 ........................... 9 ........................... 9 .........................10 .........................11 .........................11 .........................11 .........................12 .........................14 .........................14 .........................14 .........................15 .........................15 .........................15 .........................16 .........................17 .........................17 ....................18-19 ......................... 20 � o� a�3 PREAMBLE This Agreement is entered into between independent Schooi District No. 625, hereinafter referred to as the Employer, and Twin City Glaziers and Glass Workers Locai 1324, hereinafter referred to as fhe Union. The Empioyer and the Union concur that this Agreement has as its objective the promotion of the responsibiiities of the Independent School District No. 625 for the benefit of the generai public through effective labor-management cooperation. The Employer and the Union both realize that this goai depends not only on the words in the Agreement but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general pubiic. � • � iv O! d 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 orderfy and peaceTul relations, thereby estabiishing a system of uninterrupted operations and the highest level of employee pertormance that is consistent with the safety and well-being of all concemed; 1.1.2 Set forth rates of pay, hours of work, and otfier conditions of employment as have been agreed upon by the Employer and the Union; 1.1.3 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation o( this Agreement without loss ot productivity. 1.2 The Employer and the Union agree that this Agreement serves as a suppiement to legislation that creates and directs the Employer. 1f any part of tfiis Agreement is in conflict with such legislation, ihe 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 (Severability). ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for coliective � bargaining purposes for ali personnel having an employment 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. 90-PCL-3169 dated February 26, 1990. 22 The ciasses of posftions recognized as being exclusively represented by the Union are as listed in Appendix A. ARTICLE 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 technoiogy; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifiCa{ly timited by this Agreement. 32 Any �term or condition of empioymenY' not established by this Agreement shail remain with the Employer to eliminate, modify or establish following written notification to the Union. • o► a�3 ARTICLE 4. UNION RIGH7S � 4.1 The Empioyer shali deduct $85 per month to cover monthly Union dues from the wages of empioyees who authorize such a deduction in writing. Such monies deducted shall be remitted as directed by the Union. 4.1.1 The Employer shall not deduct dues from the wages of emptoyees covered by this Agreement for any other labor organization. 4.12 The Union shall indemnify and save harmless the Employer from any and all ciaims or charges made against the Employer as a result of the implementation of this Articie. 4.2 The Union may designate one (i) employee from the bargaining unit to act as a Steward and shali inform the Employer in writing of such designation. Such employee shali have the right and responsibilities as designated in Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Empfoyer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Employer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the �terms and conditions of employmenY' defined by � Minnesota Statute. § 179A.03, Subdivision 19, for ali employees exciusively represented by the Union. This Agreement shail supersede such `terms and conditions of employmenY' established by Civil Service Rule, Council Ordinance, and Council Resolutian. • o� a33 • ARTICLE 6. PROBASIONARY PERIODS 6.1 All personnel, originally hired or rehired following seQaration, in a regular employment status shali serve a six (6) month probationary period during which time the empioyee's fitness and ability to pertorm the class of positions' duties and responsibilfties shall be evaluated. 6.1.1 At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 62 Ail personnel promoted to a higher class of positions shall serve a six (6) month promotional probationary period during which time the employee's fitness and ability to pertorm the class of positions' duties and responsibilities shall be evaivated. 62.1 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 tMe Employer without appeai to the provisions of Article 22 (Grievance Procedure). 62.2 An employee demoted during the promotional probationary period shall be returned to the employee's previousiy-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. ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The Employer and the Union are in full agreement that the philosophy of employment and compensation shail be a"cash" hourly wage and "industry' fringe benefit system. 7.2 The Employer shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages) and 13 (Fri�ge 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 individuaily optioned to be `grandfathered° as provided by Article 12.2. • b [ �3 ARTICLE 8. HOURS OF WORK 8.1 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 82 The normal work week shall be five (5) consecutive normal workdays Monday through Friday. 8.3 If, during the term of this Agreement, ft is necessary in the Empioyer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter inTo negotiations immediately to establish the condftions of such shifts and/or work weeks. 8.4 This Section shali not be construed as, and is not a guaraniee of, any hours ot work per normal workday or per normal work week, 8.5 AU employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established workday unless othervvise directed by their supervisor. 8.6 All employees are subject to cali back by the Employer as provided by Article 10 (Caii 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, uniess notification has been given not to report for work prior to leaving home, or during the previous workday. � • 4 �� a33 � i � ARTICLE 9. OVERTIME 9.1 Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by order of the head of the department. An empioyee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-haif basis or by being paid on a time-and-one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the Employer. 92 The rate of one and one-half (1-1/2) the basic houriy rate shaii be the overtime rate for work pertormed under the following circumstances: 92.1 Time worked in excess of eight (8) hours in any one normal workday, and 922 Time worked in excess of forty (40) hours in a normal work week. 9.3 For the purpose of calculating overtime compensation, overtime hours worked shall not be °pyramided,° compounded or paid twice for the same hours worked. ARTICLE 10. CALL BACK 10.1 The Employer retains the right to call back employees before an employee has started a normal workday or normal work week and after an employee has completed a normal workday or normal work week. 102 10.3 Employees cailed back shall receive a minimum of four (4) hours of pay at the basic hourly rate. The hours worked based on a cail back shall be compensated in accordance with Article 9(Overtime), when applicable, and subject to the minimum estabiished by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal workday shall complete the normal workday and be compensated only for the overtime hours worked in accordance with Articie 9 (Overtime). ARTICLE 11. WORK LOCATION 11.1 Empioyees shall report to work location as assigned by a designated Employer supervisor. Duri�g the normal workday, employees may be assigned to other work locations at the discretion of the Employer. 112 Empioyees assigned to work locations during the normal workday other than their original assignment, and who are required to furnish their own transportation, shall be compensated for mileage as set forth in Article 27 (Mileage). Ny e� a� ARTICLE 12. WAGES • 12.1 The basic hourly wage rates as established by Appendix C shall be paid for aIi hours worked by an employee. 122 Employees who are covered by the fringe benefifs listed be(ow shall continue to be covered by such benefits. They shall be subject to all other provisions of the Agreement, but shali not have hourly fringe benefft contributions and/or deductions made on their beha�f as provided for by Article 13 (Fringe Benefitsj. 122.1 Insurance premium contributions as established by the Employer inciuding life, hospital, and healfh insurance premium contributions as established as of the date of the eariy retirement for early retirees who have retired since November 1, 1984, until such time as they reach sixty-five (65) years of age. In order to be eligible for the insurance premium contributions under the early retiree provision, the employee must: 12.2.1.1 Be receiving benefits from a pubiic employee retirement act at the time of refirement. 122.12 Have severed the employment relationship with the City of Saint Paul and Independent School District No. 625 under one of the early retiree plans. 12.2.i.3 Inform the Human Resource Department of lndependent School District No. 625 and the Office of Human Resources, City of Saint Paul in writing within sixty (60) days of empioyee's early retirement � date that he or she wishes to be eligible for eariy retiree insurance benefits. 122.1.4 Retire prior to May 31, 2000. 12.3 Regular employees not covered by the fringe benefits listed in Article 122 shail be considered, for the purposes of this Agreement, participating employees and shail be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (Fringe Benefits). 12.4 Temporary employees shall be considered, for the purposes of this Agreement, participating empioyees and shall be compensated in accordance with Articie i2.i (Wages) and have fringe benefit contributions and/or deductions made in their behaif as provided for by Article 13 (Fringe Benefits). 12.5 All regular employees empioyed after February 75, 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 Beneffts). � �r a �3 � ARTICLE 13. FRINGE BEfVEFITS 13.1 The Employer shall make contributions on behalf of and/or make deductions from the , wages of participating empioyees as defiined by Articles �2.3, 12.4, and 12.5 covered by this Agreement in accordance with Appendix D for all hours worked. ARTICLE 14. SELECTION OF LEAD GLAZIER AND GENERAL LEAD GLAZIER 14.1 The selection of personnel for the ciass of position Lead Glazier and General Lead Giazier shall remain solely with the Employer. 14.2 The class of position Lead Glazier shall be filled by employees of the bargaining unit on a `temporary assignment" 14.3 All `Yemporary assignments" shall be made only at the direction of a designated Employer supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal workday. � � 7 01- a33 ARTICLE 15. HOLIDAYS 15.1 The foltowing nine (9) days shall be designated as holidays: New Year'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 J uly 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25. 152 When New Yea�'s Day, Independence Day or Christmas Day fails on a Sunday, the following Monday shall be considered the designated holiday. When arty of these ihree (3) holidays faiis on a Saturday, the preceding Friday shall 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, employees may be scheduled or "cailed back" in accordance wifh Article 10 (Call Back). 15.5 Participating empioyees as defined in Artictes 12.3, 12.4, and f2.5 assigned to work on Martin Luther King, Jr. Day, Presidents' Day, or day after Thanksgiving shali be compensated on a straight-time basis for such hours worked. 15.6 Such participating employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate of such hours worked. 15.7 If an empioyee other than a participating employee entitled to a holiday is required to work on Martin Luther King, Jr. Day, Presidents' Day, or the day after Thanksgiving, the empfoyee shall be granted anotfier day off with pay in Iieu fhereof as soon thereafter as the convenience of the department permits or the employee shall be paid on a straight- time basis for such hours worked, in addition to the regular holiday pay. ii 8� Z�TiNit'iyE'v vu`�vi i , i8i � 8 j�ciiCij�8� �y^ 8T^j :.^,j ° 9:l:::18� !O H hQI!L�3� �s required-to work on New Year's Day, Memoriai Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, the employee shali be recompensed for work done on this day 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 hours worked, in addition to the regular holiday pay. 0 � � u a� a�3 • ARTICLE 16. DISCIPLINARY PROCEDURES 16.1 162 The Employer shali have the right to impose disciplinary actions on empioyees for just cause. Discipiinary actions by the Employer shail include only the following actions: 16.2.1 Oral reprimand; 162.2 Written reprimand; 16.2.3 Suspension; 16.2.4 Demotion; 162.5 Discharge. 16.3 Empioyees who are suspended, demoted or discharged shall retain ail rights under Minnesota Statute § 179A.20, Subd. 4., and thereby shall have the right to request that such actions be considered a`grievance" for the purpose of processing through the provisions of Articie 22 (Grievance Procedure). Once an employee, or the Union acting in the empioyee's behalf initiates review of an action, that matter shall not be reviewed in another forum. Orai reprimands shall not be subject to the grievance review procedures. 16.4 Preliminarv Review. Prior to issuing a disciplinary aciion of unpaid suspension, demotion, or discharge, the supervisor will make a recommendation to his/her supervisor regarding proposed discipline. That supervisor wiil then schedule a meeting with the employee prior to making a final determination of the proposed discipline. The employee shall have the opportunity to have union representation present and be provided the opportunity to speak on his/her behalf regarding the proposed action. If the employee is unable to meet with the supervisor, ihe employee will be given the opportunity to respond in writing. � ARTICLE 17. ABSENCES FROM 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 possible, but in no event later than the beginning of such workday. 172 17.3 Faiiure to make such notification may be grounds for discipline as provided in Article 16 (Discipiinary Procedures). Failure to report for wosk without notification for three (3) consecutive normal workdays may be considered a`quiY' by the Empioyer on the part of the employee. • �i-a3� ARTICLE 18. SENlORITY 18.1 For the purpose of this Articie the following terms shall be defined as follows: 18.1.1 The term, °Employer," shall mean Independent School District No. 625, Saint Paul Public Schoois. 18.12 The term, "Master Seniority,° shall mean the length of continuous regular and probationary service with the Empioyer from the date an employee was first appointed to any class title with the Empioyer covered by this Agreement. 18.1.3 The term, "Class Seniority' shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a position wifh fhe Employer in a cfass fif(e covered by fhis Agreement. This Section 18.1.3 is intended to mean that for any person no matter what the person's prior experience or how hired by the District, the person's class seniority starts at zero the day they are appointed to a School District posfion in that title and begins to be calculated from that dafe. An employee's Class Seniority does not revert to zero following recali from an Empioyer initiated layoff within the twenty-four (24 ) month recall rights period specified in 18.4. This definition of class seniority would be used for all layoff decisions. � 182 Seniority shali 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 iflness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Empioyer or to an elected or appointed full-time position with � the Union. 18.3 Seniority shall 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, employees will be iaid off by class titie within each Department based on inverse length of "Class Seniority." Employees laid off by the Employer shall have the right to reinstatement in any lower-paid class titie previousiy heid which is covered by this Agreement, provided empioyee has greater "Class Seniority' than the employee being repfaced. Recaf( from layoff shali be in inverse order of tayoff, except that recatf rights shall expire after twenty-four (24 ) months from the last day of work preceding the layoff. iv0 O�iBi ".ivii Scivii.c i2�.8ii Pf.3ti:S :.^. :�:I Em.r!ey SF:E.II a�r nlv ThlS provision does not rs • address any rights the empioyee may have to be recalled io any other empJoyer. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority," subject to the approvai of the Empioyer_ \ I 10 Ol a3_j � ARTICLE 19. JURISDICTION 19.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate subject to detertnination by the various unions representing employees of the Empioyer. 192 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 19.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Employer shali meet as soon as mutualiy possible to resolve the dispute. Nothing in the foregoing shail restrict the right of the Employer to accompiish the work as originaily assigned pending resolution of the dispute or to restrict the Empioyer's basic right to assign work. 19.4 Any employee refusing to pertorm work assigned by the Employer and as ciar'rfied by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20. SEPARATION • 20.1 Employees having a probationary or regular empioyment status shall be considered separated from employment based on the following actions: 20.1.1 Resianation. Employees resigning from empioyment shail give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.12 Discharae. As provided in Article 16. 20.1.3 Failure to Reoort for Dutv. As provided in Article 17. 20.2 Employees having a temporary employment status may be terminated at the discretion of the Empioyer befiore the compfetion of a normal workday. ARTICLE 21. TOOLS 21.1 All employees shall personaily provide themselves with the tools of the trade as listed in Appendix B. • 11 01-�33 ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall 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 Employer and the Union that the processing of grievartces as hereinafter provided is limited by the job duties and responsibifities of the employees and shall therefore be accompiished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shail 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 detrimentai to the work programs of the Employer. 22.3 The procedure established by this Article shall, except as previously noted in Article 16 (Disciplinary Procedures), be the sole and exciusive procedure for the processing of grievances, which are defined as an aileged violation of the terms and co�ditions of this Agreement. 22.4 Grievances sfiall be reso(ved in conformance with fhe foflowing procedure: � Steo 1. Upon the occurrence of an aileged violation of this Agreement, the employee involved shall attempt to resobe the matter on an informal basis with the empioyee's supervisor. If the matter is not resolved to the empioyee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shaii set iorth the nature . of the grievance, the facts on which it is based, the aileged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union wfthin seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonabie diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Ste° 2. Within seven (7) calendar days after rece"nring the written grievance, a designated Empioyer Supervisor shall meet with the Union Steward and attempt to resolve the grievance, If, as a resuit of this meeting, the grievance remains unresolved, the Employer shali reply in writing to the Union within three i3} ;,aler, :a�-�ay5 €�l;�::i.^.y :!;s r.^.�#i.^.g_ ?ne Un�on may refer the grievance in writing to Sfep 3 within seven (7) ca(endar days foflowing receipt of fhe Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employers answer shail be considered waived. C � 12 c�r-a3� � ARTICLE 22. GRIEVANCE PROCEDURE (COntinued) Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Empioyer supervisor shaii meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days foliowing this meeting, the Employer shall reply in writing to the Union stating the EmployePs answer conceming the grievance. If, as a resuft of the written response, the grievance remains unresolved, the Union may refer fhe grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days foliowing receipt of the Employer's answer shall be considered waived. Steo 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shatf be conducted by an arbitrator to be selected by mutua! agreement of the Employer 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, efther party may request the Bureau of Mediation Services 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 (1st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. ` J • 22.5 The arbitrator shail have no right to amend, modify, nuliify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide oniy 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 shali be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or appiication of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shail be final and hinding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shail be borne equally by the Empbyer and the Union, provided that each party sha!! be responsibie Sor compensating its own representative and witnesses. if either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the Empioyer and the Union. 13 � � a33 ARTICLE 23. RIGHT OF SUBCONTRACT � 23.7 The Employer may, at any time during the duration ot this Agreement, coniract out work done by the employees covered by this Agreement. In the event that such contracting would resuft in a reduction of the workforce covered by this Agreement, the Employer shaA give the Union a ninety (90) calendar day notice of the intention to subcontract. 232 The subcontracting of work done by the employees covered by this Agreement shall be in all cases be made only to employers who qual'rfy in accordance with Ordinance No. 14013. ARTICLE 24. NON-DISCRlMINATlON 24.1 The terms and conditions of this Agreement wiil 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. 242 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 25. SEVERABILITY � 25.1 In the event that any provision(s) of this Agreement is deciared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, detertnination or decree no appeal is taken, such provision(s) shali be voided. All other provisions shall confinue in full force and effect. 252 The parties agree to, upon written notice, enter into negotiations to piace the voided provisions of the Agreemenf in compliance wiih the legislative, administrafive or judicia! llElC�f I III IQIN�I. • �� of a33 � � ARTICLE 26. WAIVER 26.1 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 conceming the terms and condftions of employment. The agreements and understandings reached by the parties after the exercise of this right are fiuily and completely sei forth in this Agreement. 26.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or condition of employment whether specificaliy covered or not spec'rfically covered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regufations regarding the terms and conditions of employment, to the e�ctent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 27. MILEAGE 27.1 Employees of the School District, under policy adopted by the Board of Education, may be reimbursed for the use of their automobiles for school business. The mileage allowance for eligible empioyees shali be 31 ¢ per mile, or such higher rate as may be estabiished at the discretion of the Board. An employee must keep a record of each trip made. Reimbursement shall be tor the actual mileage driven in the pertormance of assigned duties as verified by the appropriate school district administrator and in accordance with School District Business Office policies and procedures. • ARTICLE 28. COURT DUTY 28.1. Any employee who is required to appear in court as a juror or as a subpoenaed witness shall be paid his/her regular pay while so engaged, unless the court duty is the result of IBigation undertaken by ihe empioyee or the Union against the Employer. Any fees that the employee shall receive from the court for such service shali be paid to the Employer. Any employee who is scheduled to work a shift other than the normal daytime shift, shali be rescheduled to work fhe normat daytime shift during such time as he/she is required to appear in court as a juror or witness. 15 c�l—�.33 ARTICLE 29. DURATION AND PI..EDGE 29.1 This Agreement shall become effective as of the date of signing, except as specificaliy provided otherwise in Articies t2 and 13, and shali remain in effect through the 31st day of May 2003, and continue in effect irom year to year thereafter untess notice to change or to terminate is given in the manner provided in 29.2. 29.2 if either party desires to terminate or modify this Agreement effective as of the date of expiration, the party wishing to modify or tertninate the AgreemeM shail 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 tertns and conditions of employment estabiished by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievance conceming its application or interpretation may be peacefuily resolved, the parties hereby piedge that during the term of the Agreement: 29.3.1 The Union and the employees witl not engage in, instigate or condone any concerted action in which emp!oyees fail to repoR for d�:ty, wilifuily absent themselves from work, stop work, sloov dowrt their work or absent fhemselves in whole or part from the full, faithfui perfortnance of their duties of employment 29.32 The Employer wiit not engage in, instigate or condone any lockout of employees_ 29.3.3 This constitutes a tentative Agreement between the parties which will be recommended by the school board negoUafor, but is subject to the approval of the Board of Education and is also subject to rat'rfication by the Union. The parties agree and attest by the signature of the foilowing representatives for the Empioyer and the tlnion that this represents the full and complete understanding of the parties for the period of time herein specified. W ITNESSES: INDEPENDENT SCHOOL DISTRICT NO. 625 TWIN CITY G�AZ!cRS, ARCHITECTURAL METALS AND G1ASS WORKERS LOCAL 1324 1�k.�� Busr ss Representaiive i � i�/�v D3fe 16 � � r 1 LJ Q'/J`" O� Date ol � 33 � APPENDIX A The classes of positions recognized by the Employer as being exclusiveiy represented by the Union are as follows: Glazier Lead Glazier Apprentice - Glazier and other classes of positions that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. ! APPENDIX B Ail necessary hand tools. • 17 oi-a33 APPENDfX C C-1 The total hourly cost to the Employer for wages plus any and a11 contributions or deductions stated in Appendix D of this Agreement shall not exceed the following amounts: Glazier Lead Glazier Effective 6-3-00 $34.00 $35.00 Effective 6-2-01 35.75 36.75 Effective 6-1-02 C-2 The total taxable houriy rate including wages and the vacation contribution in Appendix D and excluding all other benefit costs and obligations in Appendix D, for regular and probationary empioyees appointed to the foltowing classes of posifions and who are not covered by the Employer's benefii package described in Articie 12.2 shall be as follows: Giazier Lead Glazier Effective 6-3-00 $28.15 $29.10 Effective 6-2-01 : . Effective 6-1-02 C-2A The basic hourly wage retes in this Section �2A are for compensation analvsis pumoses onlv. These figures represent the portion of the Appendix C, Section G1 rates above specifically allocated to wages. These rates do NOT include taxable benefit contributions and therefore should NOT be used for taxable payroll calcutations. See Section C-2 above for total taxabte payroll information. Glazier Lead Glazier Effective 6-3-00 $23.65 $24.60 Effective 6-2-01 Effective 6-1-02 .> .. The June 2, 2007, houdy rates in Appendices C2, C2A and C3 shali be detertnined at a later date based on the allocation agreed to by the Employer and the Union of the June 2, 2001, total houdy cost stated in Appendi� C7. � The June 1, 2002, hourly rates in Appentlices C2, C2A and C3 shall he detertnined at a later date based on the allocation agreed top by the Employer and the Union of the June 1, 2002, total hourly cost determined for the tfiird year wage reopener. � u \ J � b) a3.3 • � u APPENDIX C (continued) G3 G4 The total taxable hour{y rate including wages and the vacation contribution in Appendix D for temporary empioyees appointed to the foilowing classes of positions shail be: Giazier Lead Giazier Effective 63-00 $25.36 $26.36 Effective Effective 6-2-01 6-1-42 , �, YF If a temporary employee working in a titie iisted in this Section C-3 becomes subject to the requirements of the Pubiic Employees Retirement Act (PERA), which thereby requires the Employer to make contributions to PERA, the caiculated hourly rate of pay may change so the Employer's cost does not exceed the amounts listed in Section C-1 above. The basic hourly wage rates for the Apprentice class of positions: Apprentice 0 - 6 months 7 - 12 months 13 - 18 months 19 - 24 months 25 - 30 months 31 - 36 months 60% of Glazier 65% of Glazier 70% of Glazier 75% of Glazier 80% of Glazier 90% of Glazier A premium pay of ninety cents ($.90) per hour shall be paid for ail swing stage work, such as any work performed from a boatswain's chair, swing scaffold, or scaffold twenty (20) feet or more above the ground. Ail standard safety laws shall be complied with. 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 C-2 through C-4 in such a way that the total cost of the package (wage rate pius contributions) remains constant and does not exceed the amounts shown in Appendix C, Section C-1. The June 2, 2007, hourly rates in Appendices C2, C2A and C3 shali be determined at a later date based on the allocation agreed to by the Employer and the Union of the June 2, 2001, total hourly cost stated in Appendix C1. The June 1, 2002, hourly rates in Appendices C2, C2A and C3 shall be detertnined at a later date based on the allocation agreed top by the Employer and the Union of the June t, 2002, totai hourly cost detertnined for the third year wage reopener. 19 c��-a 33 APPENDIX D Effective June 3, 2000, Employer shaii forward the amounts designated in this Appendix D for participating empioyees covered by this Agreement and defined in Articles 12.3, 12.4, and 12.5 to depositories as directed by the Union and agreed ro by the Emptoyer: (1) $4.50 per hour for all hours worked from which all appropriate payroll deductions have been made to a Union-designated Vacation Fund. This pavment shall onlv be made for reqular emolovees oaid at the Aooendix C. Section C-2 rate. (2j $3.i 5 per hour for afl hours worked fo a Union-designated Health and Welfare Fund. (3) $1.00 per hour for ali hours worked to a Union-designated Intemational Pensic (4) $24 per hour for a(I hours worked to a Union-designated A�orenticeship Fund. (5) For temporary employees paid at the Appendix C, Section C-3 rates; forward $1.50 per hour for aii hours worked from which all appropriate payroll deductions have been made to a Union-designated Vacation Fund and $5.25 per hour for ali hours worked to a Union-designated Pension Fund. • The Employer shall make legally established no�-negotiated pension contributions to PERA. Changes in the mandated PERA rate may change the Calculated hourly base rate of pay so the Employer's cost does not exceed the amounts listed in Appendix C, Section C-1 above. All contributions made in accordance with this Appendix D shall be deducted from and are not in � addition to the amounts shown in Appendix C, Section G1. The Appendix D amounts shali be forwarded to depositories as directed by the Union and agreed to by the Employer. These funds will typicaily be fonrrarded by the 15th, but not later than the 24th, of the month following the month in which the hours were worked. The Employer shall estabiish Workers' 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 shali not be eligible for, govemed by or accumulate vacation, sick leave, holiday, funeral leave, or iiu^uf8in^.2 ii�� .�'.8^E!I:S L�:2: 8:° O' :RH� ho wc(�hliS�'!2L h� ?SfS9[�.f121 �l1�BS CiOUfiCI� �fC�1I12I10E or Council Resolutions. The EmployePs fringe benefii obligation to participating employees as defined in Articles 72.3, 12.4, and 12.5 is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds Yo which the Employer has fonvarded contributions and/or deductions. � �