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96-1449 Council File# q — � y9 } � 1 � �--, �' ' � ., F 7 � , " ` ' ' ° °�� Green Sheet# 35882 RESOLUTION CI Y O S PAUL, MINNESOTA �/ Presented by t Referred To Committee Date 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 January 17, 1996 through April 30, 1997 Maintenance Labor Agreement between the Independent School 3 District No. 625 and the United Union of Roofers, Waterproofers and Allied Workers Local Union 96. Yeas Na s Absent Requested by Department of: Blakey � Office of Labor Relations Bostrom � Guerin � Harris �/' By' Megard �� Rettman � Form Appr ved by C'ty Attorney � Thune ✓ By: � � c�. Adopted by Council: Date � � . ��_S� Approve Mayor for ub ission to Council , ��,1� Adoption Certified by Council Secretary By: R BY� _ a � Approved by Mayor: Date 1i �J� "L__�1p__ �— By: DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED ��,u�� LABOR RELATIONS November 13, 1996 GREEN SHEET No.: 35882 � CONTACT PERSON&PHONE: � INITIAIJDATE INITIAL/DATE �JULIE KRAUS 266-6513 ASSIGN 1 DEPARTMENT DIR. �. 4 CITY COUNCIL NUMBER 2 CITY ATTORNEY_�� CITY CLERK MUST BE ON COUNCIL AGENDA BY(DATE) FOR BUDGET DIR. FIN.&MGT.SERViCE DIR. ROUTING 3 MAYOR(OR ASST.) ORDER TOTAL#OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) nc�rioN x�QuESrEn: This resolution approves the attached January 17, 1996 through April 30, 1997 Maintenance Labor Agreement between the Independent School District No. 625 and the United Union of Roofers, Waterproofers and Allied Workers Loca1 Union 96. RECOMMENDATIONS:Approve(A)or Reject(R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _PLAIVIVING COMMISSION _CIVIL SERVICE COMMISSION 1. Has this person/firm ever worked under a contract for this depaztment? CIB COMMITTEE Yes No _STAFF 2. Has this person/firm ever been a city empioyee? DISTRICT COURT Yes No SUPPORTS WHICH COLJNCIL OB]ECTIVE? . 3. Does this person/firm possess a skill not normally possessed by any current ciry employee? ' Yes No ` Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM,ISSUE,OPPORTlJNI7'Y(Who,W6at,When,Where,Why): RECEtVE�D NOV � 4 1996 ADVANTAGES IF APPROVED: �YO�R��OFFICE This Agreement pertains to Boazd of Education employees only. RECEIV�� Camci� f��arch Center DISADVANTAGES IF APPROVED: ND� 1 8 �996 ----._�..��...�.:�.K...: CITY AY��►�NEY DISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION;(EXPLAIN) NOTE: COMPLETE DIRECTIONS ARE INCLUDED 1N THE GREEN SHEET 1NSTRUCTIONAL MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO.266-8900). ROUTING ORDER: Below are conect routings for the five most frequent types of documenu: CONTRACTS(assumes authorized budget exists) COiJNCIL RESOLUTION(Amend Budgets/Accept.Grants) 1. Outside Agenc}� 1. Department Director 2. Departrnent Director 2. Budget Director 3. Cit��Attorney 3. City Attomey 4. Mayor(for contracts over SIS,000) 4. Mayor/Assistant S. Human Rights(for contracts over$50,000) S. City Council 6. Finance and Management Services Director 6. Chief Accountant,Finance and Maaagement Services 7. Finance Accounting ADMINISTRATIVE ORDERS(Budget Revision) COiJNCIL RESOLUTION(all others,and Ordinances) 1. Activiry Manager l. Department Director 2. Department Accountant 2. City Attomey ' 3. Department Director 3. Mayor/Assistant 4. Budget Director 4. City Gouncil S. City Clerk 6. Chief Accountant,Finance and Management Services ADMINIS'TRATIVE ORDERS(all others) 1. Department Director 2. Ciry Attorney 3. Finance and Management Services Director � 4. Cit��Clerk TOTAL NUMBER OF SIGNATURE PAGES Indicate the�l of pages on which signatures are required and psperclip or flag wch of these pages. ACTION REQUESTED Describe what the projecUrequest seeks to accompiish in either chronological order or order of importance,whichever is most appropriate for the issue. Do not write complete sentences. Begin each item in your list with a verb. RECOMMENDATIONS Complete if the issue in question has been presented before any body,public or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which councii objective(s)your project/reqoest supports by listing the key word(s)(HOUSING,RECREATION, NEIGHBORHOODS,ECONOMIC DEVELOPMENT,BUDGET,SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) PERSONAL SERVICE CONTRACTS: This information will be used to determine the city's liability for workets compensation ciaims,taxes and proper civil service hiring rules. INITIATING PROBLEM,ISSUE,OPPORTUNITY Explain the situation or conditions that created a need for your project or request. ADVANTAGES IF APPROVED Indicate whether this is simply an annual budget procedure required by law/charter or whether there are specific ways in which the City of Saint Paul and its citizens will benefit from this project/action. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past processes might this projecUr�equest produce if it is passed(e.g.,traffic delays,noise, tax increases or assessments)? To Whom? When? For how long? DISADVANTAGES IF NOT APPROVED What will be the negative consequences if the promised action is not approved? Inabiliry to deliver service? Continued high uaffic,noise, accident rate? Loss of revenue? FINANCIAL IMPACT Although you must tailor the information you provide here to the issue you are addressing,in general you must answer two questions: How much is it going to cost? Who is going to pay? INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION G�`�',t�tt� ST. PAUL PUBLIC SCHOOLS DATE: January 9, 1996 TOPIC: Approval of an employment agreement with United Union of Roofers, Waterproofers and Allied Workers, Local No. 96 A. PERTINENT FACTS: 1. New Agreement is for the two-year period May 1, 1995 through April 30, 1997. 2. The language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. � 3. The District has one(1) regular F.T.E. in this bargaining unit. 4. Wage and benefits changes reflect prevailing wage for the industry. 5. This request is submitted by Richard Kreyer, Negotiations/Labor Relations Assistant Manager; Phyllis E. Byers, Negotiations/Labor Relations Manager; and William A. Larson, Assistant Superintendent, Fiscal Affairs and Operations. 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 United Union of Roofers Waterproofers and Allied Workers, Local No. 96 is the exclusive representative; duration of said Agreement is for the period of May 1, 1995 through Apri130, 1997. ��-�� INDEX ARTICLE TITLE PAGE Preamble............................................................................. v . 1 . Purpose............................................................................... 1 2. Recognition.......................................................................... 1 3. Empioyer Rights ................................................................. 1 4. Union Rights........................................................................ 2 5. Scope of the Agreement........................................................ 2 6. Probationary Periods.......................................................... 3 7. Philosophy of Employment and Compensation.................... 3 8. Hours of Work..................................................................... 4 9. Overtime.............................................................................. 5 10. Call Back.............................................................................. 5 1 1 . Work Location..................................................................... 6 12. Wages................................................................................... 6 13. Fringe Benefits.................................................................... 7 14. Selection of Lead Roofer...................................................... 8 15. Holidays .............................................................................. 9 16. Disciplinary Procedures..................................................... 1 0 � 17. Absences from Work........................................................... 1 0 18. Seniority............................................................................. 1 1 19. Jurisdiction......................................................................... 1 2 20. Separation........................................................................... 1 2 21 . Tools.................................................................................... 1 2 22. Grievance Procedure........................................................... 1 3 23. Right of Subcontract............................................................ 1 5 24. Non-Discrimination............................................................ 1 5 25. Severability........................................................................ 1 5 26. Waiver................................................................................. 1 6 27. Mileage - Independent School District No. 625.................. 1 6 28. Duration and Pledge............................................................. 1 7 AppendixA.......................................................................... A1 AppendixB.......................................................................... B 1 AppendixC....................................................................... C 1 -2 AppendixD.......................................................................... D1 i ,�� \�� `�� 1 � PREAMBLE � This Agreement is entered into between Independent School District No. 625, hereinafter referred to as the Employer, and the United Union of Roofers, . Waterproofers, and Allied Workers Local Union No. 96, hereinafter referred to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the Independent School District No. 625 for the benefit of the general public through effective labor-management cooperation. The Employer and the Union both realize that this goal depends not only on the words in the Agreement but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general public. � i � � INTENTIONALLY BLANK � � G�- �� ARTICLE 1. PURPOSE � 1 .1 The Em lo er and the Union a ree that the ur ose for enterin in o hi p y g p p g t t s Agreement is to: 1 .1 1 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance ' that is consistent with the safety and well-being of all concerned; 1 .12 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; 1 .13 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1 .2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statue as provided by Article 25 (Severability). ARTICLE 2. RECOGNITION � 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, probationary, 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-3058 dated December 7, 1989. 2.2 The classes of positions 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 technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this . Agreement. � 3.2 Any "term or condition of employment" not established by this Agreement shall remain with the Employer to eliminate, modify or establish following written � notification to the Union. � 1 ARTICLE 4. UNION RIGHTS . 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such , monies deducted shall be remitted as directed by the Union. 4.1 .1 The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. � 4.1 .2 The Union shall indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of this Article. 4.2 The Union may designate one (1) employee from the bargaining unit to act as a Steward and shalt inform the Employer in writing of such designation. Such employee shall have the right and responsibilities as designated in Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or 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 employment" defined by Minn. Stat. § 179A.03, Subdivision 19, for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employmenY' established by Civil Service Rule, Council Ordinance, and Council Resolution. i 2 ��-\�� ARTICLE 6. PROBATIONARY PERIODS � 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) month probationary period during � which time the employee's fitness and ability to perform the class of positions' duties and responsibilities 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). 6.1 .2 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher class of positions shall serve a six (6) month promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.2.1 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 the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.2.2 An employee demoted during the promotional probationary period shall � be returned to the employee's previously-held class of positions and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. 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 shall be a "cash" hourly wage and "industry" fringe benefit system. 7.2 The Employer shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages) and 13 (Fringe Benefits). 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this Agreement. . � 3 ARTICLE 8. HOURS OF WORK � 8.1 The normal workday shali be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. . 8.2 The normal work week shali be five (5) consecutive normal workdays Monday through Friday. . 8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This Section shall not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal work week. 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established workday unless otherwise directed by their supervisor. 8.6 All employees are subject to call-back by the Employer as provided by Article 10 {Call Back). 8.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, � or during the previous workday. . i 4 �� ` -\�� ARTICLE 9. OVERTIME i 9.1 Overtime. 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 employee shali be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the Employer. 9.2 The overtime rate of one and one-half (1-1/2) times the basic hourly rate shall be paid for work performed under the following circumstances: 9.2.1 Time worked in excess of eight (8) hours in any one normal workday, arid 9.2.2 Time worked in excess of forty (40) hours in a seven (7)-day period. 9.3 For the purposes of calculating overtime compensation, overtime hours worked shall not be "pyramided," compounded or paid twice for the same hours worked. 9.4 Overtime shall be paid in cash or compensatory time as determined by the Employer. � 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. 10.2 Employees called back shall receive a minimum of four (4) hours of pay at the basic hourly rate. 10.3 The hours worked based on a call back shall be compensated in accordance with Article 9 (Overtime), when applicable, and subject to the minimum established by 102 above. 10.4 Employees called back four (4) hours of less prior to their normal workday shall complete the normal workday and be compensated only for the overtime hours worked in accordance with Article 9 (Overtime). • 5 ARTICLE 1 1 . WORK LOCATION � 1 1 .1 Employees shall report to work location as assigned by a designated Employer supervisor. During the normal workday, employees may be assigned to other work locations at the discretion of the Employer. 1 1 .2 Employees 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). ARTICLE 12. WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Regular employees and temporary employees 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 13.1 (Fringe Benefits). � � 6 ��-��`"�� ARTICLE 13. FRINGE BENEFITS � 13.1 The Employer shall make contributions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix D � for all hours worked. 13.2 The Employer will for the period of this Agreement provide, for those employees who were hired prior to February 15, 1974, and who were eligible for the Employer's Health and Welfare premium contributions and who have retired since September 1, 1974, such health insurance premium contributions up to the same dollar amounts as are provided by the Employer at the date of early retirement and the cost of premium contributions toward $5,000 life insurance coverage until such employees reach sixty-five (65) years of age. In order to be eligible for the premium contributions under the provision 13.2 and 13.3 the employee must: 13.2.1 Be receiving benefits from a public employee retiree act at the time of retirement. 13.2.2 Have severed the employment relationship with the City of Saint Paul and/or Independent School District No. 625 under one of the early retiree plans. 13.2.3 Inform the Human Resource Department of Independent School District No. 625 and Office of Human Resources, City of Saint Paul in writing � within sixty (60) days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 13.3 For an employee who retired at age sixty-five (65) or later and who met the criteria in 13.2 or for early retirees who qualified under 13.2 and have reached age sixty-five (65), after retirement the Employer will provide payment of premium for a medicare supplement health coverage policy selected by the Employer. 13.4 Effective May 6, 1989, employees shall be eligible for a paid holiday for Labor Day, the first Monday in September. In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. � 7 ARTICLE 14. SELECTION OF LEAD ROOFER 14.1 The selection f r � o pe sonnei for the class of position of Lead Roofer shall remain solely with the Employer. 14.2 The class of position of Lead Roofer shall be filled by employees of the bargaining unit on a "temporary assignment." 14.3 All "temporary assignments" shall be made only at the direction of a designated Employer supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal workday. � � 8 ��\�l`�� ARTICLE 15. HOLIDAYS � 15.1 The following ten (10) days shall be designated as holidays: ' New Year's Day, January 1 Martin Luther King, Jr. Day, Third Monday in January Presidents' Day, Third Monday in February � Memorial Day, Last Monday in May Independence Day, July 4 Labor Day, First Monday in September Columbus Day, Second Monday in October Veterans' Day November 11 Thanksgiving Day, Fourth Thursday in November Christmas Day, December 25. 15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The ten (10) 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 "called back" in accordance with Article 10 (Call Back). � 15.5 Employees assigned to work on Martin Luther King, Jr. Day, Presidents' Day, Columbus Day or Veterans' Day shall be compensated on a straight-time basis for such hours worked. 15.6 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 for such hours worked. 15.7 If Martin Luther King, Jr. Day, Presidents' Day, Columbus Day or Veterans' Day falls on a day when school is in session, the employees shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be a day on which school is not in session and shall be determined by agreement between the employee and supervisor. 15.8 Employees shall receive holiday pay for Labor Day, the first Monday in September, at the basic hourly rate in accordance with Article 13.2. Labor Day shall be the sole holiday for which the Employer shall provide holiday pay. 15.9 Notwithstanding Article 15.1 and 15.7 above, the Employer may at any time during the life of this Agreement designate the day after Thanksgiving as a _ holiday. In the event of such designation, either Martin Luther King, Jr. Day, Presidents' Day, Columbus Day, or Veterans' Day shall be deleted from the � holidays list as set forth in Article 15.1. • 9 ARTICLE 16. DISCIPLINARY PROCEDURES � 16.1 The Employer shall have the right to impose discipiinary actions on employees for just cause. 16.2 Disciplinary actions by the Employer shall include only the following actions: 16.2.1 Oral reprimand; " 16.2.2 Written reprimand; 16.2.3 Suspension; 16.2.4 Demotion; 16.2.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shall retain all rights under Minn. Stat. § 179A20, 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 Article 23 (Grievance Procedure). Once an employee or the Union acting in the employee's behalf initiates review of an action, that matter shall not be again reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.2 Employees who are unable to report for their normal 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. 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (Disciplinary Procedures). 17.3 Failure to report for work without notification for three (3) consecutive normal workdays may be considered a "quiY' by the Employer on the part of the employee. • 10 ��-\��k�1 ARTICLE 18. SENIORITY � 18.1 For the purpose of this Article the following terms shall be defined as follows: ' 18.1 .1 The term, "Employer," shall mean Independent School District No. 625, Saint Paul Public Schools. " 18.1 .2 The term, "Master Seniority," shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to any class title with the Employer 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 with the Employer in a class title covered by this 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 of appointment to a School District position in that title and begins to be calculated from that date. An employee's Class Seniority does not revert to zero following recall from an Employer 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. � 18.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 18.3 Seniority shall terminate when an employee 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 laid off by class title 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 title previously held which is covered by this Agreement, provided the employee has greater "Class Seniority" than the employee being replaced. Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after twenty-four (24) months from the last day of work preceding the layoff. No other Civil Service recall rights to this Employer shall apply. This provision does not address any rights the employee may have to be recalled to any other employer. 18.5 The selection of vacation periods shall be made by class title based on length of _ "Class Seniority," subject to the approval of the Employer. � 11 ARTICLE 19. JURISDICTION � 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of the Employer. ` 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by an ./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 shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clarified 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 employment status shall be considered separated from employment based on the following actions: 20.1 .1 Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.1 .2 Discharae. As provided in Article 16. 20.1 .3 Failure to Report for Dutx. As provided in Article 17. 20.2 Employees having a temporary employment status may be terminated at the discretion of the Employer before the completion of a normal workday. ARTICLE 21 . TOOLS 21 .1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. � 12 ��-�� 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. ' 22.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work 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 exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 22.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal � basis with the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar Days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. • 13 ARTICLE 22. GRIEVANCE PROCEDURE (continued) � Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or his designated representative and � attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result " of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3,. by written notice to the Employer, request arbitration of the grievance. The Arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7)-day period, either party may request the 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 (1 st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have no right to amend, nullify, ignore, add to or subtract � from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final an binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party cancels an arbitration hearing or asks for a last-minute postponement that leads to the arbitrator's making a charge, the canceling party or the party asking for the postponement shall pay this charge. If either party desires a verbatim , record of the proceedings, it may cause such a record to be made, providing it � pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. . 14 ��-\Vr`��i ARTICLE 23. RIGHT OF SUBCONTRACT � 23.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that ' such contracting would result in a reduction of the workforce covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day notice of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NON-DISCRIMINATION 24.1 The terms and conditions of this Agreement will be applied to employees equally without regard to or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or non-membership in the Union. 24.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other � employees and the general public. ARTICLE 25. SEVERABILITY 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative or judicial authority from whose findings, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 25.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative or judicial determination. • 15 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 concerning the terms and conditions of � employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. 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 specifically covered or not specifically 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 regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 27. MILEAGE - INDEPENDENT SCHOOL DISTRICT NO.625 27.1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be � eligible for such reimbursement, employees must receive authorization from the District Mileage Committee utilizing one of the following plans. PLAN "A" is reimbursed at the current Board of Education rate or 28� per mile, whichever is more. In addition, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount can be the experience of another working in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip made. PLAN "C" provides for reimbursement based on a per month "lump sum" amount. This amount is determined by the employee's driving experience under Plan "A" for a period of three (3) to six (6) months. Those employees receiving an auto allowance under this plan must report monthly the number of days the car was available during the month. A deduction must be made from the lump sum amount for each day the employee is on vacation. A deduction need not be . made for an occasional day of illness or for holiday. • 16 ��-��`� � ARTICLE 28. DURATION AND PLEDGE � 28.1 This Agreement shall become effective as of the date of signing, except as specifically provided otherwise in Articles 12 and 13, and shall remain in effect through the 30th day of April 1997, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 28.2. 28.2 If either party desires to terminate or modify this Agreement effective as of the date of expiration, the party wishing to modify or terminate the Agreement shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided that the Agreement may only be so terminated or modified effective as of the expiration date. 28.3 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 28.3.1 The Union and the employees will not engage in, instigate or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work or absent themselves in whole or in part from the full, faithful performance of their duties of employment. � 28.3.2 The Employer will not engage in, instigate or condone any lockout of employees. 28.3.3 This constitutes a tentative Agreement between the parties which will be recommended by the school board negotiator, but is subject to the approval of the Board of Education and is also subject to ratification by the Union. � 17 � INTENTIONALLY BLANK � • 18 ARTICLE 28. DURATION AND PLEDGE (continued) ��^�� The parties agree and attest by the signature of the following representatives for the Employer and the Union that this represents the full and complete understanding of the parties for the period of time herein specified. WITNESSES: INDEPENDENTSCHOOLDISTRICT UNITED UNION OF ROOFERS, N0. 625 WATERPROOFERS AND ALLIED WORKERS, LOCAL UNION NO. 96 � � � l� • � �%�Q� Negot' tion /Labor Relation Manager Business Agent � l9 Negotiations/Labor Relat' s ate Assistant Manager �- / 7— y� � Date � Ch ir, Board of ducatio � —\ e —°1 lo Date . 19 APPENDIX A � The classes of positions recognized by the Employer as being exclusively represented by the Union are as follows: Roofer Lead Roofer Apprentice - Roofer 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. � A1 • �� APPENDIX B � Ail necessa hand tools. rY � , . � B1 APPENDIX C C-1 The total hourl cost to the Em lo er for wa es lus an and all � y p y g p y contributions or deductions stated in Appendix D of this Agreement shall not exceed the following amounts: ' Effective Effective � 4/29/95 4/27/96 Roofer $26.26 $27.26 Lead Roofer $27.76 $28.76 C-2 The total taxable hourly rate including wages and the vacation in Appendix D and excluding alt other benefit costs and obligations in Appendix D, for regular and probationary employees appointed to the following classes of positions shall be as follows: Effective Effective 4/29/95 4/27/96 Roofer $19.85 * Lead Roofer $21 .05 * � C-2A The basic hourly wage rates in this Appendix (C-2A) are for compensation naa lysis purposes onlv. These figures represent the portion of the Appendix C-1 rates above specifically allocated to wages. These rates do NOT include taxable benefit contributions and therefore should NOT be used for taxable payroll calculations. See Appendix C-2 above for total taxable payroll information. Effective Effective 4/29/95 4/27/96 Roofer $17.80 * Lead Roofer $19.0 0 * , � �, � �� _ �� APPENDIX C (continued) � C-3 The total taxable hourly rate inciuding wages and the vacation contribution in Appendix D for temporary employees appointed to the following classes of ' positions shall be: Effective Effective 4/29/95 4/27/96 Roofer $20.74 ' Lead Roofer $21 .9 9 * If a temporary employee working in a title listed in this Appendix C-3 becomes subject to the requirements of the Public Employees Retirement Act (PERA), which thereby requires the Employer to make contributions to PERA, the hourly rate of pay shall be the rate shown in this Appendix C-3 for such title divided by 1 .0448. "NOTES FOR APPENDICES C-2. C-2A AND C-3: The April 27, 1996, hourly rates in Appendices C-2, C-2A and C-3 shall be determined at a later date based on the allocation agreed to by the Employer and the Union of the April 27, 1996, total hourly cost stated in Appendix C-1. aC-4 The basic hourly wage rates for the Apprentice class of positions: Apprentice Percent of Roofer Rate 0 - 500 hours 48.2% of Roofer rate 5 01 - 1500 hours 50.65% of Roofer rate 1501 - 2000 hours 53.04% of Roofer rate 2001 - 2500 hours 55% of Roofer rate 2501 - 3000 hours 60% of Roofer rate 3001 - 3500 hours 65% of Roofer rate 3501 - 4000 hours 70% of Roofer rate 4001 - 4500 hours 75% of Roofer rate 4501 - 5000 hours 80% of Roofer rate 5001 - 5500 hours 85% of Roofer rate 5501 - 6000 hours 95% of Roofer rate 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 plus contributions) remains constant and does not exceed the amounts shown in Appendix C, Section C-1. � C2 � APPENDIX D Effective Ma 2 1992 the Em lo er shall forward the amounts � Y , , p y designated in this Appendix D for employees covered by this Agreement to depositories as directed by the Union and agreed to by the Employer: � ( 1 ) $2.05 per hour for all hours worked from which all appropriate payroll deductions have been made to a Union-designated Vacation/Assessment Fund. ( 2 ) $2.60 per hour for all hours worked to a Union-designated Health and Welfare Fund. ( 3 ) $1.10 per hour for all hours worked to a Union-designated Pension Fund. ( 4 ) $1.65 per hour for all hours worked by persons in the Roofer title and $1.90 per hour for all hours worked by persons in the Lead Roofer title to a Union-designated Annuity Fund. ( 5 ) $.17 per hour for all hours worked to a Union-designated Apprenticeshi� Fund. The Employer shall make legally established non-negotiated pension contributions to PERA � 4.48% of the applicable hourly rates noted in Appendix C. � 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-1. The Appendix D amounts shall be forwarded to depositories as directed by the Union and agreed to by the Employer. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Employees covered by this Agreement shall not be eligible for, governed by or accumulate vacation, sick leave, holiday, funeral leave, jury duty or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance or Council Resolutions. The Employer's fringe benefit obligation to employees covered by this Agreement is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. � D1 � �c� -� �� INDEX ARTICLE TITLE PAGE Preamble............................................................................. v . 1 . urpose............................................................................... 1 2. Recognition.......................................................................... 1 3. Employer Rights ................................................................. 1 4. Union Rights........................................................................ 2 5. Scope of the Agreement........................................................ 2 6. Probationary Periods.......................................................... 3 7. Philosophy of Employment and Compensation.................... 3 8. Hours of Work..................................................................... 4 9. Overtime.............................................................................. 5 10. Call Back.............................................................................. 5 1 1 . Work Location..................................................................... 6 12. Wages................................................................................... 6 13. Fringe Benefits.................................................................... 7 14. Selection of Lead Roofer...................................................... 8 15. Holidays .............................................................................. 9 16. Disciplinary Procedures..................................................... 1 0 � 17. Absences from Work........................................................... 1 0 18. Seniority............................................................................. 1 1 19. Jurisdiction......................................................................... 1 2 20. Separation........................................................................... 1 2 21 . Tools.................................................................................... 1 2 22. Grievance Procedure........................................................... 1 3 23. Right of Subcontract............................................................ 1 5 24. Non-Discrimination............................................................ 1 5 25. Severability........................................................................ 1 5 26. Waiver................................................................................. 1 6 27. Mileage - Independent School District No. 625.................. 1 6 28. Duration and Pledge............................................................. 1 7 AppendixA.......................................................................... A1 AppendixB.......................................................................... B1 AppendixC....................................................................... C 1 -2 AppendixD.......................................................................... D1 � iii � INTENTIONALLY BLANK � • IV �� - �y�� PREAMBLE � This Agreement is entered into between Independent School District No. 625, hereinafter referred to as the Employer, and the United Union of Roofers, Waterproofers, and Allied Workers Local Union No. 96, hereinafter referred to as the � Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the Independent School District No. 625 for the benefit of the general public through effective labor-management cooperation. The Employer and the Union both realize that this goal depends not only on the words in the Agreement but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general public. � � v � INTENTIONALLY BLANK � � ARTICLE 1. PURPOSE �, �J j�� (/I 1 .1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1 .1 1 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance � that is consistent with the safety and well-being of all concerned; 1 .12 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; 1 .13 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1 .2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statue as provided by Article 25 (Severability). ARTICLE 2. RECOGNITION � 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, probationary, 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-3058 dated December 7, 1989. 2.2 The classes of positions 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 technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this . Agreement. 3.2 Any "term or condition of employmenY' not established by this Agreement shall remain with the Employer to eliminate, modify or establish following written ' notification to the Union. • 1 ARTICLE 4. UNION RIGHTS � 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. � 4.1 .1 The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. ' 4.1 .2 The Union shall indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of this Article. 4.2 The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shall have the right and responsibilities as designated in Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or 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 Minn. Stat. § 179A.03, Subdivision 19, for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employmenY' established by Civil Service Rule, Council Ordinance, and Council Resolution. . � 2 qi� -��I� ARTICLE 6. PROBATIONARY PERIODS � 6.1 Ali personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) month probationary period during ' which time the employee's fitness and ability to perform the class of positions' duties and responsibilities 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). 6.1 .2 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher class of positions shall serve a six (6) month promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.2.1 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 the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.2.2 An employee demoted during the promotional probationary period shall � be returned to the employee's previously-held class of positions and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. 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 shall be a "cash" hourly wage and "industry" fringe benefit system. 7.2 The Employer shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages) and 13 (Fringe Benefits). 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this Agreement. � 3 ARTICLE 8. HOURS OF WORK • 8.1 The normal workday shali be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. . 8.2 The normal work week shall be five (5) consecutive normal workdays Monday through Friday. 8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This Section shall not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal work week. 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established workday unless otherwise directed by their supervisor. 8.6 All employees are subject to call-back by the Employer as provided by Article 10 {Call Back). 8.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, � or during the previous workday. � 4 ARTICLE 9. OVERTIME �/' �1�� C�J 9.1 Overtime. 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 employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half basis for such overtime work. The - basis on which such overtime shall be paid shall be determined solely by the Employer. 9.2 The overtime rate of one and one-half (1-1/2) times the basic hourly rate shall be paid for work performed under the following circumstances: 9.2.1 Time worked in excess of eight (8) hours in any one normal workday, and 9.2.2 Time worked in excess of forty (40) hours in a seven (7)-day period. 9.3 For the purposes of calculating overtime compensation, overtime hours worked shall not be "pyramided," compounded or paid twice for the same hours worked. 9.4 Overtime shall be paid in cash or compensatory time as determined by the Employer. � 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. 10.2 Employees called back shall receive a minimum of four (4) hours of pay at the basic hourly rate. 10.3 The hours worked based on a call back shall be compensated in accordance with Article 9 (Overtime), when applicable, and subject to the minimum established by 102 above. 10.4 Employees called back four (4) hours of less prior to their normal workday shall complete the normal workday and be compensated only for the overtime hours worked in accordance with Article 9 (Overtime). i 5 ARTICLE 1 1 . WORK LOCATION � 1 1 .1 Employees shall report to work location as assigned by a designated Employer supervisor. During the normal workday, employees may be assigned to other work locations at the discretion of the Employer. ' 1 1 .2 Employees 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). ARTICLE 12. WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Regular employees and temporary employees 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 13.1 (Fringe Benefits). � , , i s a�.� - ��-1��g ARTICLE 13. FRINGE BENEFITS � 13.1 The Employer shall make contributions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix D ' for all hours worked. 13.2 The Employer will for the period of this Agreement provide, for those employees � who were hired prior to February 15, 1974, and who were eligible for the Employer's Health and Welfare premium contributions and who have retired since September 1, 1974, such health insurance premium contributions up to the same dollar amounts as are provided by the Employer at the date of early retirement and the cost of premium contributions toward $5,000 life insurance coverage until such employees reach sixty-five (65) years of age. In order to be eligible for the premium contributions under the provision 13.2 and 13.3 the employee must: 13.2.1 Be receiving benefits from a public employee retiree act at the time of retirement. 13.2.2 Have severed the employment relationship with the City of Saint Paul and/or Independent School District No. 625 under one of the early retiree plans. 13.2.3 Inform the Human Resource Department of Independent School District No. 625 and Office of Human Resources, City of Saint Paul in writing � within sixty (60) days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 13.3 For an employee who retired at age sixty-five (65) or later and who met the criteria in 13.2 or for early retirees who qualified under 13.2 and have reached age sixty-five (65), after retirement the Employer will provide payment of premium for a medicare supplement health coverage policy selected by the Employer. 13.4 Effective May 6, 1989, employees shall be eligible for a paid holiday for Labor Day, the first Monday in September. In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. � 7 ARTICLE 14. SELECTION OF LEAD ROOFER � 14.1 The selection of personnel for the class of position of Lead Roofer shall remain solely with the Employer. . 14.2 The class of position of Lead Roofer shall be filled by employees of the bargaining unit on a "temporary assignment." 14.3 All "temporary assignments" shall be made only at the direction of a designated Employer supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal workday. � � 8 ARTICLE 15. HOLIDAYS �� " � "[ �� 15.1 The foliowing ten (10) days shall be designated as holidays: ' New Year's Day, January 1 Martin Luther King, Jr. Day, Third Monday in January Presidents' Day, Third Monday in February � Memorial Day, Last Monday in May Independence Day, July 4 Labor Day, First Monday in September Columbus Day, Second Monday in October Veterans' Day November 11 Thanksgiving Day, Fourth Thursday in November Christmas Day, December 25. 15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The ten (10) 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 "called back" in accordance with Article 10 (Call Back). � 15.5 Employees assigned to work on Martin Luther King, Jr. Day, Presidents' Day, Columbus Day or Veterans' Day shall be compensated on a straight-time basis for such hours worked. 15.6 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 for such hours worked. 15.7 If Martin Luther King, Jr. Day, Presidents' Day, Columbus Day or Veterans' Day falls on a day when school is in session, the employees shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be a day on which school is not in session and shall be determined by agreement between the employee and supervisor. 15.8 Employees shall receive holiday pay for Labor Day, the first Monday in September, at the basic hourly rate in accordance with Article 13.2. Labor Day shall be the sole holiday for which the Employer shall provide holiday pay. 15.9 Notwithstanding Article 15.1 and 15.7 above, the Employer may at any time during the life of this Agreement designate the day after Thanksgiving as a , holiday. In the event of such designation, either Martin Luther King, Jr. Day, Presidents' Day, Columbus Day, or Veterans' Day shall be deleted from the holidays list as set forth in Article 15.1. • 9 ARTICLE 16. DISCIPLINARY PROCEDURES � 16.1 The Employer shall have the right to impose disciplinary actions on employees for just cause. . 16.2 Disciplinary actions by the Employer shall include only the following actions: 16.2.1 Oral reprimand; " 16.2.2 Written reprimand; 16.2.3 Suspension; 16.2.4 Demotion; 16.2.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shall retain all rights under Minn. Stat. § 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 Article 23 (Grievance Procedure). Once an employee or the Union acting in the employee's behalf initiates review of an action, that matter shall not be again reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.2 Employees who are unable to report for their normal 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. 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (Disciplinary Procedures). 17.3 Failure to report for work without notification for three (3) consecutive normal workdays may be considered a "quiY' by the Employer on the part of the employee. • 10 ARTICLE 18. SENIORITY Cj / � /��G� � l (0 18.1 For the purpose of this Article the following terms shall be defined as follows: ' 18.1 .1 The term, "Employer," shall mean Independent School District No. 625, Saint Paul Public Schools. - 18.1 .2 The term, "Master Seniority," shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to any class title with the Employer 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 with the Employer in a class title covered by this 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 of appointment to a School District position in that title and begins to be calculated from that date. An employee's Class Seniority does not revert to zero following recall from an Employer 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. � 18.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 18.3 Seniority shall terminate when an employee 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 laid off by class title 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 title previously held which is covered by this Agreement, provided the employee has greater "Class Seniority" than the employee being replaced. Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after twenty-four (24) months from the last day of work preceding the layoff. No other Civil Service recall rights to this Employer shall apply. This provision does not address any rights the employee may have to be recalled to any other employer. 18.5 The selection of vacation periods shall be made by class title based on length of , "Class Seniority," subject to the approval of the Employer. • 11 ARTICLE 19. JURISDICTION � 1 9.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of the Employer. ' 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by an ./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 shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clarified 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 employment status shall be considered separated from employment based on the following actions: 20.1 .1 Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.1 .2 Discharae. As provided in Article 16. 20.1 .3 Failure to Report for DutX. As provided in Article 17. 20.2 Employees having a temporary employment status may be terminated at the discretion of the Employer before the completion of a normal workday. ARTICLE 21 . TOOLS 21 .1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. � 12 �� -� �u�q ARTICLE 22. GRIEVANCE PROCEDURE i 22.1 The Empioyer shali 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. ' 22.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work 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 exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 22.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal � basis with the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar Days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. � 13 ARTICLE 22. GRIEVANCE PROCEDURE (continued) � Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or his designated representative and � attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result � of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3,. by written notice to the Employer, request arbitration of the grievance. The Arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7)-day period, either party may request the 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 (ist) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have no right to amend, nullify, ignore, add to or subtract � from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final an binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party cancels an arbitration hearing or asks for a last-minute postponement that leads to the arbitrator's making a charge, the canceling party or the party asking for the postponement shall pay this charge. If either party desires a verbatim , record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. � 14 ARTICLE 23. RIGHT OF SUBCONTRACT �� r � /�� 23.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction of the workforce covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day notice of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NON-DISCRIMINATION 24.1 The terms and conditions of this Agreement will be applied to employees equally without regard to or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or non-membership in the Union. 24.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other � employees and the general public. ARTICLE 25. SEVERABILITY 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative or judicial authority from whose findings, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 25.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative or judicial determination. • 15 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 concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. 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 specifically covered or not specifically 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 regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 27. MILEAGE - INDEPENDENT SCHOOL DISTRICT NO.625 27.1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be � eligible for such reimbursement, employees must receive authorization from the District Mileage Committee utilizing one of the following plans. PLAN "A" is reimbursed at the current Board of Education rate or 28¢ per mile, whichever is more. In addition, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount can be the experience of another working in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip made. PLAN "C" provides for reimbursement based on a per month "lump sum" amount. This amount is determined by the employee's driving experience under Plan "A" for a period of three (3) to six (6) months. Those employees receiving an auto allowance under this plan must report monthly the number of days the car was available during the month. A deduction must be made from the lump sum amount for each day the employee is on vacation. A deduction need not be _ made for an occasional day of illness or for holiday. • 16 ARTICLE 28. DURATION AND PLEDGE � ��/�( ��/ 28.1 This Agreement shall become effective as of the date of signing, except as specifically provided otherwise in Articles 12 and 13, and shall remain in effect through the 30th day of April 1997, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 28.2. 28.2 If either party desires to terminate or modify this Agreement effective as of the date of expiration, the party wishing to modify or terminate the Agreement shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided that the Agreement may only be so terminated or modified effective as of the expiration date. 28.3 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 28.3.1 The Union and the employees will not engage in, instigate or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work or absent themselves in whole or in part from the full, faithful performance of their duties of employment. � 28.3.2 The Employer will not engage in, instigate or condone any lockout of employees. 28.3.3 This constitutes a tentative Agreement between the parties which will be recommended by the school board negotiator, but is subject to the approval of the Board of Education and is also subject to ratification by the Union. • 17 � INTENTIONALLY BLANK � � 18 �� C��-�'� ARTICLE 28. DURATION AND PLEDGE (continued) � The parties agree and attest by the signature of the following representatives for the Employer and the Union that this represents the full and complete understanding of the parties for the period of time herein specified. . WITNESSES: INDEPENDENTSCHOOLDISTRICT UNITED UNION OF ROOFERS, N0. 625 WATERPROOFERS AND ALLIED WORKERS, LOCAL UNION NO. 96 � � /� � �%� L Negot' tion /Labor Relation Manager Business Agent � /9 Negotiations/Labor Relat' s ate Assistant Manager � - � 7' y� • Date Ch ir, Board of ducatio � —1 e —0�lo Date • 19 APPENDIX A i The classes of positions recognized by the Employer as being exclusively represented by the Union are as foilows: Roofer • Lead Roofer � Apprentice - Roofer 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. � A1 � APPENDIX C _1 � � C The tota hourly cost to the Employer for wages plus any and all contributions or deductions stated in Appendix D of this Agreement shall not exceed the following amounts: � Effective Effective ` 4/29/95 4/27/96 Roofer $26.26 $27.26 Lead Roofer $27.76 $28.76 C-2 The total taxable hourly rate including wages and the vacation in Appendix D and excluding all other benefit costs and obligations in Appendix D, for regular and probationary employees appointed to the following classes of positions shall be as follows: Effective Effective 4/29/95 4/27/96 Roofer $19.85 '` Lead Roofer $21 .05 * • C-2A The basic hourly wage rates in this Appendix (C-2A) are for compensation analysis urposes onlv. These figures represent the portion of the Appendix C-1 rates above specifically allocated to wages. These rates do NOT include taxable benefit contributions and therefore should NOT be used for taxable payroll calculations. See Appendix C-2 above for total taxable payroll information. Effective Effective 4/29/95 4/27/96 Roofer $17.80 * Lead Roofer $19.00 " C1 • �� ! ��4� APPENDIX C (continued) � C-3 The total taxable hourly rate including wages and the vacation contribution in Appendix D for temporary employees appointed to the following classes of " positions shall be: Effective Effective ' 4/29/95 4/27/96 Roofer $20.74 * Lead Roofer $21 .9 9 * If a temporary employee working in a title listed in this Appendix C-3 becomes subject to the requirements of the Public Employees Retirement Act (PERA), which thereby requires the Employer to make contributions to PERA, the hourly rate of pay shall be the rate shown in this Appendix C-3 for such title divided by 1 .0448. "NQTES FOR APPENDICES C-2. G2A AND C-3: The April 27, 1996, hourly rates in Appendices C-2, C-2A and C-3 shall be determined at a later date based on the allocation agreed to by the Employer and the Union of the April 27, 1996, total hourly cost stated in Appendix C-1. � C-4 The basic hourly wage rates for the Apprentice class of positions: A�orentice Percent of Roofer Rate 0 - 500 hours 48.2% of Roofer rate 501 - 1500 hours 50.65% of Roofer rate 1501 - 2000 hours 53.04°/a of Roofer rate 2001 - 2500 hours 55% of Roofer rate 2 5 01 - 3000 hours 60% of Roofer rate 3 0 01 - 3500 hours 65°/a of Roofer rate 3501 - 4000 hours 70% of Roofer rate 4001 - 4500 hours 75% of Roofer rate 4501 - 5000 hours 80% of Roofer rate 5001 - 5500 hours 85% of Roofer rate 5501 - 6000 hours 95% of Roofer rate 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 plus contributions) remains constant ' and does not exceed the amounts shown in Appendix C, Section C-1. C2 • APPENDIX D � Effective May 2, 1992, the Employer shall forward the amounts designated in this Appendix D for employees covered by this Agreement to depositories as directed by the Union and agreed to by the Employer: � ( 1 ) $2.05 per hour for all hours worked from which all appropriate payroll deductions have been made to a Union-designated Vacation/Assessment Fund. ' ( 2 ) $2.60 per hour for all hours worked to a Union-designated Health and Welfare Fund. ( 3 ) $1.10 per hour for all hours worked to a Union-designated Pension Fund. ( 4 ) $1.65 per hour for all hours worked by persons in the Roofer title and $1.90 per hour for all hours worked by persons in the Lead Roofer title to a Union-designated Annuity Fund. ( 5 ) $.17 per hour for all hours worked to a Union-designated Apprenticeshi� Fund. The Employer shall make legally established non-negotiated pension contributions to PERA � 4.48% of the applicable hourly rates noted in Appendix C. � 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-1. The Appendix D amounts shall be forwarded to depositories as directed by the Union and agreed to by the Employer. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Employees covered by this Agreement shall not be eligible for, governed by or accumulate vacation, sick leave, holiday, funeral leave, jury duty or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance or Council Resolutions. The Employer's fringe benefit obligation to employees covered by this Agreement is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. � ,. D1 •