96-1311 Council File# — 3��
�� `, ! F/--, n � A� t
� � a: ; Green Sheet# 35797
. �� _ � . �.m
OLUTION
O SAINT , �VNESOTA 'L
�
Presented by
Referred To Committee Date
1 RESOLVED,that the Council of the City of Saint Paul hereby approves and ratifies the attached May
2 1, 1996 through April 30, 1997 Maintenance Labor Agreement between the Independent School District
3 No. 625 and International Brotherhood of Electrical Workers, Local 110.
Yeas Na s Absent Requested by Department of:
Blakey ✓ Office of Labor Relations
Bostrom ,/
Guerin �
Harris � By'
Megard ,/
Rettman ,i Form Approved by Cit ttorney
Thune ,/ gy: � �'1 �s g(�
,
Adopted by Council: Date 3 Approved b Mayor for Submission to Council
Adoption Cert' ied by Council S cr ta , By: ���'"1' � �ti���
By: �: �
Approved by Mayor: ate d �
By: (L
r
DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET NO.: 35797 ��.�1 �,�
LABOR RELATIONS September 23, 1996
CONTACT PERSON&PHONE: � [NITIAL/DATE INITIAL/DATE
MARY H. KEARNEY 266-6495 ASSIGN 1 DEPARTMENT DIR. 1�� 4 CITY COUNCIL
NUMBER 2 CITY ATTORNEY CITY CLERK
MUST BE ON COUNCIL AGENDA BY(DATE) FOR BUDGET DIR. FIN.&MG ERVICE DIR.
ROUTING 3 MAYOR(OR ASST.) _'�i_ ��,�,,�.�V��
ORDER ��r
TOTAL#OF SIGNATURE PAGES I (CLIP ALL LOCATIONS FOR SIGNATURE)
ncTioN REQuESTEn: This resolution approves the attached May 1, 1996 through A����1�� aintenance Labor
Agreement between the Independent School District No. 625 and the International Brotherhood of Electricial
Workers, Local 110.
RECOMMENDATIONS:Approve(A)or Reject(R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING
QUESTIONS:
PLANNING COMMISSION _CIVIL SERVICE COMMISSION l. Has this person/firm ever worked under a contract for this department?
CIB COMMITTEE Yes No
STAFF 2. Has this person/firm ever been a city employee?
DISTRICT COURT Yes No
SUPPORTS WHICH CO[JNCIL OBJECTIVE? 3. Does this person/firm possess a skill not normally possessed by any current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
INITIATING PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Where,Why):
See Attached.
ADVANTAGES IF APPROVED:
See attached. This Agreement pertains to Board of Education employees only.
DISADVANTAGES IF APPROVED: N011e. R��,��� ,�
SEP 25 1996
_��-�:_�r�:�Y
T
DISADVANTAGES IF NOT APPROVED:
TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED:
FUNDING SOURCE: ACTIVITY NUMBER: �,
FINANCIAL INFORMATION:(EXPLAIN) �� w�;"��t��� ��
��u ' �`' a _?;
INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION
ST. PAUL PUBLIC SCHOOLS �� ` ,�1�
DATE: July 16, 1996
TOPIC: Approval of an employment agreement with International Brotherhood of
Electrical Workers No. 110
A. PERTINENT FACTS:
1) New Agreement is for the one-year period from May 1, 1996 through April 30, 1997.
2) This contract has no one eligible for District retiree health insurance contributions.
3) Contract changes are as follows:
Holidavs: The language will be revised to provide double time for call-in work performed
on Martin Luther King or Presidents' Day holidays when school is not in session.
Employees who are offered prescheduled work on these days and who accept, will
continue to be paid at the straight-time rate.
Mileaae: The language will be changed to read. "the current Board rate or$.28 per mile
whichever is greater."
Wages: The wages for the contract will be based on the outside prevailing rate total
package increase of $1.23/hr on May 25, 1996. The foreman rates are increased by an
additional 25�.
4) The District has 13 regular employees in this bargaining unit.
5) This request is submitted by Richard Kreyer, 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 International Brotherhood of Electrical Workers Local 110, is the exclusive
representative; duration of said Agreement is for the period of May 1, 1996 through
April 30, 1997.
�`����J(�
INDEX
� ARTI LE TI�� PA E
�
,
Preamble.................................................................................................. v
. �. urpose....................................................................................................
2. Recognition............................................................................................... 1
3. Employer Rights....................................................................................... 2
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................................................................................................... 6
1 1 . Work Location.......................................................................................... 6
12. Wages ....................................................................................................... 6
13. Fringe Benefits......................................................................................... 7
14. Selection of Lead Electrician, General Lead Electrician,
Master Electrician, and Master Building
ControlsElectrician.............................................................................. 7
15. Holidays.................................................................................................... 8
� 16. Disciplinary Procedures.......................................................................... 9
17. Absences from Work................................................................................ 9
18. Seniority.................................................................................................. 10
19. Jurisdiction.............................................................................................. 11
20. Separation from Employment.................................................................. 1 1
21 . Tools......................................................................................................... 1 1
22. Grievance Procedure................................................................................ 1 2
23. Right of Subcontract................................................................................. 1 4
24. Non-Discrimination................................................................................. 14
25. Severability............................................................................................. 14
26. Waiver...................................................................................................... 15
27. Mileage - Independent School District No. 625....................................... 1 5
28. Maternity Leave....................................................................................... 1 6
29. Required Training.................................................................................... 1 6
30. Duration and Pledge.................................................................................. 1 7
AppendixA....................................................................................... A-1
AppendixB....................................................................................... B- 1
' APPendix C.......................................................................... C1 - C4
AppendixD.......................................................................... D1 - D3
AppendixE....................................................................................... E1
�
iii
�
INTENTIONALLY BLANK
�
�
IV
9�--/3��
•
.
PREAMBLE
.
This Agreement is entered into between Independent School District No. 625,
hereinafter referred to as the Employer, and the International Brotherhood of Electrical
Workers, Local 110, hereinafter referred to as the Union.
The Employer and the Union concur that this Agreement has as its objective the
promotion of the responsibilities of Independent School District No. 625 for the benefit
of the general 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
� 1 .1 The Em lo er and the Union a ree that the ur ose for enterin into this
P Y 9 P P 9
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 .1 .2 Set forth rates of pay, hours of work, and other conditions of
employment as have been agreed upon by the Employer and the Union;
1 .1 .3 Establish procedures to orderly and peacefully resolve disputes as to the
application or interpretation of this Agreement without loss of
manpower productivity.
1 .2 The Employer and the Union agree that this 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 statute 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. 89-PR-2348 dated December 11, 1989.
2.2 The classes of positions recognized as being exclusively represented by the Union
are as listed in Appendix A.
•
1
ARTICLE 3. EMPLOYER RIGHTS
3.1 The Em lo er retains the ri ht to o erate and mana e all man ower facilities �
P Y 9 P 9 p , ,
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.
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 in each
department to act as a Steward and shall inform the Employer in writing of such
designation. Such employee shall have the rights and responsibilities as
designated in Article 22, Grievance Procedure.
4.3 Upon notification to a designated Employer supervisor, the Business Manager of
the Union or his/her designated representative shall be permitted to enter the
facilities of the Employer where employees covered by this Agreement are
working.
ARTICLE 5. SCOPE OF THE AGREEMENT
5.1 This Agreement established the "terms and conditions of employmenY' defined by
Minnesota Statute § 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
9� �f���
ARTICLE 6. PROBATIONARY PERIODS
� 6.1 All ersonnel ori inall hired or r hi
p , g y e red 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 reason(s) 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 Article 12, Wages and
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 workda shall be ei ht 8 consecutive hours er da excl in �
y g ( ) p y, ud g a
thirty (30) minute unpaid lunch period.
8.2 The normal work week shall be five (5) consecutive normal workdays in any
seven (7) day period.
8.3 Shifts other than the regular daytime shift Monday through Friday may be
established. Such shifts must be maintained for a period of at least one (1) work
week. The second shift shall be a regularly-scheduled shift which follows a
regularly-scheduled first shift of five (5) hours or greater. The third shift
shall be a regularly-scheduled shift which follows a regularly-scheduled second
shift of five (5) hours or greater.
8.4 For employees on a shift basis, this shall be construed to mean an average of
forty (40) hours a week.
8.5 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.
8.6 An employee normally working on a particular shift may be transferred from
that shift to another shift upon one week's notice; provided, however, that in the
event of a vacancy, an employee may be assigned to another shift to fill such
vacancy upon twenty-four (24) hours' notice.
8.7 All employees shall be at the work location designated by their supervisor, ready �
for work, at the established starting time and shall remain at an assigned work
location until the end of the established workday unless otherwise directed by
their supervisor.
8.8 All employees are subject to call-back by the Employer as provided by
Article 10, Call Back.
8.9 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.
8.10 The employer shall be required to give no less than six and one-half (6-1/2)
hours notice, when an employee is to be laid off.
8.1 1 If an employee is required to work eleven (11) consecutive hours or more that
involve scheduled overtime, the employee shall be allowed to take a thirty (30)
minute unpaid meal break. Such meal break will be taken within the first
two (2) hours immediately following the normal workday, as defined in 8.1 of
this Article.
�
4
9� -i3��
ARTICLE 9. OVERTIME
� 9.1 All overtime com ensated for b h
p y t e Employer must receive prior authorization
from a designated Employer supervisor. No overtime work claim will be honored
� for payment or credit unless approved in advance. An overtime claim will not be
honored, even though shown on the time card, unless the required advance
approval has been obtained.
9.2 The overtime rate of one and one-half (1-1/2) 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,
ar�d
9.2.2 Time worked on a sixth (6th) day following a normal work week.
9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work
pertormed under the following circumstances:
9.3.1 Time worked on a seventh (7th) day following a normal work week;
ar�d
9.3.2 Time worked in excess of twelve (12) consecutive hours in a
twenty-four (24) hour period, provided that all "emergency" work
required by "Acts of God" shall be compensated at the rate of one and
one-half (1-1/2).
� 9.4 For the purpose of calculating overtime compensation, overtime hours worked
shall not be "pyramided," compounded or paid twice for the same hours worked.
9.5 Overtime hours worked as provided by this Article shall be paid in cash or in
compensatory time. The basis on which overtime shall be paid shall be
determined solely by the Employer. Compensatory time off must be approved by
the Employer.
�
5
ARTICLE 10. CALL BACK
10.1 The Em lo er retains the ri ht to call back em lo ees before an em lo �
p y g p y p yee 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
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 Article 9, Overtime.
ARTICLE 1 1 . WORK LOCATION
11 .1 Employees shall report to the work locations 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 shall be compensated in accordance with Article 12.1, Wages,
and have fringe benefit contributions and/or deductions made on their behalf as
provided for by Article 13, Fringe Benefits.
12.3 Temporary employees shall be compensated in accordance with Article 12.1,
Wages, and have fringe benefit contributions and/or deductions made in their •
behalf as provided for by Article 13, Fringe Benefits.
�
6
9�-�i.�i�
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 "grandfathered" as eligible for the Employer's Health and Welfare
` Plan and who have retired since February 15, 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 tndependent 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 �n,� Personnel Office of the 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 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.
ARTICLE 14. SELECTION OF LEAD ELECTRICIAN, GENERAL LEAD ELECTRICIAN,
MASTER ELECTRICIAN,AND MASTER BUILDING CONTROLS ELECTRICIAN
14.1 The selection of personnel for the class of positions General Lead Electrician,
Lead Electrician, Master Electrician, and Master Building Controls Electrician
shall remain solely with the Employer.
14.2 The class of positions Master Electrician, and Master Building Controls
Electrician 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.
7
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. For those employees assigned to a work week other than
Monday through Friday, these three holidays shall be observed on the calendar
date of the 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 called in to work on a designated holiday shall be compensated at the �
rate of two (2) times the basic hourly rate for all hours worked.
15.6 If Martin Luther King, Jr. Day, Presidents' Day, Columbus Day or Veterans' Day
falls on a day when school is in session, the employee shall work that day at
straight time and another day shall be designated as the holiday. This designated
holiday shall be a day determined by agreement between the employee and his
supervisor.
15.7 If Martin Luther King Jr. Day, Presidents' Day, Columbus Day or Veterans' Day
falls on a day when school is � in session, that day will normally be an unpaid
holiday. If the Employer schedules work on such days, employees will be offered
an opportunity to work that day at the straight-time rate and will not be required
to take another day off to replace the holiday. If the employee is called in on such
day, they will be called in accordance with Article 10 and paid as in 15.5.
15.8 Employees shall be permitted one personal holiday per year. The scheduling of
such holiday is subject to the approval of the department head, and a request to
schedule the date must be submitted at least five (5) working days in advance of
the date requested. Compensation for such personal holiday shall be as provided
for employees under Appendix D (D-1) and shall not involve any further .
contribution or pay by the Employer.
15.9 The day after Thanksgiving Day and day before Christmas Day shall be considered ,
workdays. All employees working on these days shall be compensated on a
straight-time basis. �
8
9� --i3/
ARTICLE 16. DISCIPLINARY PROCEDURES
� 16.1 The Em lo er shall have the ri ht to im ose disci lina actions on em lo
p Y g p p ry p yees
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 have the right to
request that such actions be considered a "grievance" for the purpose of
processing through the provisions of Article 22, Grievance Procedure); as an
alternative option, such employee can request review by the Civil Service
Commission or a designated Board of Review, consistent with Minnesota
Statute § 179A.20, Subd. 4. Once an employee, or the Union acting in the
employee's behalf initiates review in one forum, the matter shall not be again
reviewed in another forum. Oral reprimands shall not be subject to the
grievance review procedures.
� ARTICLE 17. ABSENCES FROM WORK
17.1 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 "quit" by the Employer on the part of the
employee.
�
9
ARTICLE 18. SENIORITY
18.1 Seniorit , for the ur oses of this A reement shall be defined as follows: �
Y P P 9 ,
18.1 .1 "Master Seniority" - The length of continuous regular and
probationary service with the Employer from the last date of
employment in any and all class titles covered by this Agreement.
.
18.1 .2 "Class Seniority" - The length of continuous regular and probationary
service with the Employer from the date an employee was first
appointed to a class title covered by this Agreement.
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." Recall from layoff shall be in inverse
order of layoff, except that recall rights shall expire after two years of layoff.
18.5 The selection of vacation periods shall be made in class title based on length of
"Class Seniority," subject to the approval of the Employer. �
�
10
9� ._����
ARTICLE 19. JURISDICTION
� 19.1 Dis utes concernin work 'urisdiction between and amon unions is reco nize
p 9 1 g g d 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 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 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 FROM EMPLOYMENT
�
20.1 Employees having a probationary or regular employment status shall be
considered separated from employment based on the following actions:
20.1 .1 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 for 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 E.
�
11
ARTICLE 22. GRIEVANCE PROCEDURE
22.1 The Em lo er shall reco nize Stewards selected in accordan �
p Y 9 ce with Urnon 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:
t 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 supervisor. If the matter is not resolved to �
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.
t 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.
�
12
9� -i.�%
ARTICLE 22. GRIEVANCE PROCEDURE (continued)
� Ste�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) name; the Employer shall then strike
one (1) name. The process will be repeated and the remaining person
shall be the arbitrator.
� 22.5 The arbitrator shall have no right to amend, modify, 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 e�ension. 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 and 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.
.
13
ARTICLE 23. RIGHT OF SUBCONTRACT
23.1 The Employer may, at an time durin the duration of this A reement contract �
Y 9 9 ,
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
finding, 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.
•
14
�C� l�l�
ARTICLE 26. WAIVER
� 26.1 The Em lo er and the Union acknowled e that durin the meetin and ne otiatin
P Y 9 9 9 9 5
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
conditions of employment whether specifically covered or not specifically
covered by this Agreement. The Union and Employer may, however, mutually
agree to modify any provision of this Agreement.
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 approved rate or 28¢ per
mile, whichever is greater. 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.
�
15
ARTICLE 28. MATERNITY LEAVE
28.1 Maternity Leave. Materni is defined as the h sical state of re nanc of an �
tY P Y P 9 Y
employee, commencing eight (8) months before the estimated date of childbirth,
as determined by a physician, and ending six (6) months after the date of such
birth. In the event of an employee's pregnancy, the employee may apply for leave
without pay at any time during the period stated above and the employer may
approve such leave at its option, and such leave may be no longer than one (1)
year.
ARTICLE 29. REQUIRED TRAINING
29.1 If the District requires and in writing directs an employee to attend specified
training or educational classes outside the normal workday, the employee shall be
paid for the hours actually spent in attendance at such classes, at the basic hourly
pay rate. The employee will be required to provide verification of actual
attendance and satisfactory completion of the training unit, or series. Training
taken at the employee's option will not qualify for pay under this provision.
�
�
16
�� /3/�
ARTICLE 30. DURATION AND PLEDGE
30.1 This Agreement shall become effective as of May 1, 1996, 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 30.2.
, 30.2 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.
30.3 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:
30.3.1 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 part from the full, faithful performance
of their duties of employment.
30.3.2 The Employer will not engage in, instigate or condone any lockout of
employees.
30.3.3 This constitutes a tentative Agreement between the parties which will
be recommended by the Negotiations/Labor Relations Manager, but is
� subject to the approval of the Board of Education and is also subject to
ratification by the Union.
The parties agree and attest that this Agreement represents the full and complete
understanding of the parties for the period of time herein specified by the signature of
the following representatives for the Employer and the Union.
WITNESSES:
INDEPENDENT SCHOOL DISTRICT NO.625 INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 110
/L G1JG2 ' . �
Negotiations/Labor Relat' ns Manager siness Manager
7/�3 � /99
Date p
� �
�� 2
Ch ' , Board of Education
• Dat
�
17
�
INTENTIONALLY BLANK
�
�
9� �i.��
•
Appendixes
�
,
�
APPENDIX A
The classes of positions recognized as being exclusively represented by the Union �
are as follows:
General Lead Electrician
Lead Electrician -
Master Electrician Master Building Controls Electrician
Electrician Building Controls Electrician
Apprentice Electrician
and other classes of positions that may be established by the Employer where the scope of
the work duties and responsibilities assigned comes within the jurisdiction of the Union.
�
�
.
A1 �
9� ���
APPENDIX B
� For all normal work weeks established pursuant to the rovisions of Article 8 of
p
this contract, which includes Sunday, the following provisions shall apply and govern:
1 . All regular electricians employed prior to January 1, 1976, shall be offered
assignment to the work week on a seniority basis, and all such employees
shall have the right to refuse assignment to the work week. This refusal is
subject to the provisions listed below.
2. All regular electricians employed subsequent to January 1, 1976, may be
assigned to vacancies in this workweek.
3. All regular electricians shall have the right to bid on and obtain assignment of
a position occupied by an electrician with lesser class seniority within thirty
(30) calendar days from the date that said position was last filled.
4. Any regular electrician may be assigned, on a temporary basis, to the work
week to replace an electrician who is absent because of vacation, illness, paid
military leave, jury duty or any other leave acceptable to both parties. These
temporary assignments shall be made on the basis of seniority and in no
instance shall any one employee be required to work on such temporary basis
for more than fifteen (15) workdays or the total temporary assignment to
exceed ninety (90) workdays.
�
•
• B�
APPENDIX C
C1. The total hourl cost to the Em lo er for wa es lus an and all contributions or �
Y P Y 9 P Y
deductions stated in Appendix D of this Agreement shall not exceed the following
amounts: �
Effective Effective -
4/27/96 5/25/96
Electrician $31 .78 $33.01
Building Control Electrician 31 .78 33.01
Lead Electrician 33.76 35.27
Master Electrician 33.76 35.27
Master Building Controls -
Electrician 33.76 35.27
General Lead Electrician 34.89 36.40
C2. The total taxable hourly 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 employees appointed to the following classes of �
positions and who are not covered by the Employer's benefit package described in
Article 12.2 shall be as follows:
Effective Effective
4 27 5/
Electrician $22.87 $23.90
Building Control Electrician 22.87 23.90
Lead Electrician 24.71 25.98
Master Electrician 24.71 25.98
Master Building Controls - 24 �1 25.98
Electrician
General Lead Electrician 25.77 27.06
C1 •
9� �3�f
APPENDIX C (continued)
� C2A. The basic hourly wage rates in this Appendix (C2A) are for
campensation analysis purposes onlv. These figures represent the
portion of the Appendix C1 rates above specifically allocated to
wages. These rates do N O T include taxable contributions and
therefore should NOT be used for taxable payroll calculations. See
,
Appendix C2 above for total taxable payroll information.
Effective Effective
4/27/96 5/25/96
Electrician $20.79 $21 .73
Building Control Electrician 20.79 21 .73
Lead Electrician 22.46 23.62
Master Electrician 22.46 23.62
Master Building Controls - 22,46 23.62
Electrician
General Lead Electrician 23.43 24.60
C3. 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
4/27/96 5/25/96
Electrician $23.859 $24.937
Building Control Electrician 23.859 $24.937
Lead Electrician 24.71 $27.137
Master Electrician 24.71 $27.137
Master Building Controls - 24 �1 $27,137
Electrician
General Lead Electrician 25.77 $28.237
If a temporary employee working in a title listed in this Appendix C3 becomes
subject to the requirements of the Public Employees Retirement Act (PERA),
which thereby requires the Employer to make contributions to PERA, the hourly
rate of pay shall be the rate shown in this Appendix C3 for such title divided by
1 .0448.
General Lead Electrician-In-Charqe Premium: For those employees assigned to perform
, the function of General Lead Electrician-In-Charge, including supervising other Lead
Electricians, overseeing projects and providing scheduling and direction, the rate of pay
will be equivalent to the applicable rate shown for General Lead Electrician in Appendix
, C1, C2, C2A or C3. Benefits will be as shown in Appendix D.
� C2
APPENDIX C (continued)
C4. The basic hourly wage rates for the Apprentice class of positions: �
Apprentice Electrician hired on or after May 1, 1984:
1 st 950 hours 48% of Journeyman rate
2nd 950 hours 48% of Journeyman rate
3rd 950 hours 55% of Journeyman rate �
4th 950 hours 60% of Journeyman rate
5th 950 hours 70% of Journeyman rate
6th 950 hours 75°/a of Journeyman rate
7th 950 hours 80% of Journeyman rate
8th 950 hours 85% of Journeyman rate
C5. Generalltems
If the Union elects to have the contributions listed in Appendix D increased or decreased,
the Employer may adjust the rates in Appendix C, Sections C2 through C4 in such a way
that the total cost of the package (wage rate plus contributions) remains constant and
does not exceed the amounts shown in Appendix C, Section C1.
The total cost to the Employer for compensation (wages and fringes) received by
employees covered by this Agreement shall be equivalent in money to the total package
paid by the employer to employees in comparable classifications in the Agreement
between Local 110 and the National Electrical Contractors Association (NECA).
In the event Local 110 and NECA amend their bargaining agreement to provide for either �
a wage or benefit freeze or reduction during the period of this Agreement, such freeze or
reduction shall be immediately applicable to the total compensation paid to employees
covered by this Agreement.
The total package cost shall exclude any costs of payments made for industry promotion
and/or advertisement or any other purposes not directly and clearly beneficial to the
public employer.
�hift Differential
For employees who work on a regularlyassigned shift beginning earlier than 6:00 a.m.
or ending later than 6:00 p.m., provided that at least five (5) hours of the shift are
worked between the hours of 6:00 p.m. and 6:00 a.m., there shall be paid a night
differential for the entire shift.
For employees who work on a regularly-assigned shift beginning earlier than 6:00 a.m.
or ending later than 6:00 p.m., but less than five (5) hours of the shift are worked
between the hours of 6:00 p.m. and 6:00 a.m., there shall be paid a night differential for
the hours worked between the hours of 6:00 p.m. and 6:00 a.m. ,
The night differential shall be 5% of the base rate, and shall be paid only for those night
shifts actually worked.
.
C3 �
9�� i.�i
�
APPENDIX D
r Effective May 1, 1996, the Em lo er shall forward the amounts desi nated in this
P Y 9
Appendix D for employees covered by this Agreement to depositories as directed by the
� Union and agreed to by the Employer:
(1 a) For regular employees, 10% of the Appendix C2A wages only rate per hour
� for all hours worked from which all appropriate payroll deductions have
been made to a Union-designated Vacation Fund.
( 1 b) For temporary employees, 10% of the Appendix C3 rate per hour for all
hours worked from which all appropriate payroll deductions have been
made to a Union-designated Vacation Fund.
( 2 ) $2.42 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 ) $1.20 per hour for all hours worked to a Union-designated Annuity Fund.
( 5 ) $ .71 per hour for all hours worked to a Union-designated Reserve Trust
Fund. Effective May 25, 1996, this amount will be changed to $.81 per
hour.
� ( 6 ) $ 1.65 per hour for all hours worked to a Union-designated Flexible
Benefit Fund.
(7 a) For regular employees, 3% of the Appendix C-2A wages only rate per hour
for all hours worked to a Union-designated National Employees Benefit Fund
N.E. .
(7 b) For temporary employees, 3% of the Appendix C-3 rate per hour for all
hours worked to a Union-designated National Em I�oyees Benefit Fund
(JN.E.B.F.Z.
( 8 ) $.03 per hour for all hours worked to a Union-designated L a b o r
Management Coo�erative Committee Fund.
( 9 ) $.16 per hour for all hours worked to a Union-designated AR�renticesh�
Fund. Effective May 25, 1996, this amount will be changed to $.18 per
hour.
.
• D1
APPENDIX D (continued)
Effective May 1, 1996, the Employer shall forward the amounts designated in this �
Appendix D for apprentice employees designated in Appendix C4 covered by this
Agreement to depositories as directed by the Union and agreed to by the Employer:
(1 a) For apprentices, the following percentages of gross wages shall be forwarded
for all hours worked from which all appropriate payroll deductions have been
made to a Union designated Vacation Fund. �
1 st - 1900 hrs. 1.901 - 3.800 hrs. 3.801 - 5.700 hrs. �.701 - 7.600 hrs.
5-1/2% 6-1/2% 7-1/2% 9-1/2%
(2 a) $2.42 per hour shall be forwarded for all hours worked as an apprentice to a
Union-designated Health and Welfare Fund.
(3 a) After 5,700 hours as an apprentice, $1.10 per hour shall be forwarded for
all hours worked as an apprentice to a Union-designated Pension Fund. No
pension contribution shall be made for apprentices, until they have worked
5,700 hours as an apprentice.
(4 a) For apprentices, the following amounts shall be forwarded for all hours
worked as an apprentice to a Union designated Annui Fund:
Ist - 3.800 hrs. �.801 - 6.650 hrs. 6.651 - 7.600 hrs.
$ .50 hr. $ .55 hr. $ 1.20 hr. �
(5 a) For apprentices, the following amounts shall be forwarded for all hours
worked as an apprentice to a Union designated Reserve Trust Fund:
1 - 1.900 hrs. �.901 - 3.800 hrs. 3.801 - 5.700 hrs. 5.701 + hrs.
$ .10 $ .11 $ .12 $ .70
(6 a) For apprentices, the following amounts shall be forwarded for all hours
worked as an apprentice to a Union designated Flexible Benefit Fund:
1 - 1.900 hrs. 1.901 - 5.700 hrs. 5.701 - 6.650 hrs. 6.651 - 7.600 hrs.
$ .29 $ .32 $ .35 $ 1.65
(7 a) 3% of the gross wages shall be forwarded for all hours worked as an
apprentice to a Union-designated National Em I�oyees Benefit Fund (N.E.B.F.).
(8 a) $.03 per hour shall be forwarded for all hours worked as an apprentice to a
Union-designated �abor Management Cooperative Committee Fund.
(9 a) $.16 per hour shall be forwarded for all hours worked as an apprentice to a '
Union-designated A�prenticeship Fund. Effective May 25, 1996, this amount
is changed to $.18 per hour.
D2 •
�`� /3//
APPENDIX D (continued)
� For all em lo ees the Em lo er shall make le all established n n-n
p y , p y g y o egotiated
pension contributions for all appropriate employees to PERA � 4.48% of the
applicable hourly rates noted in Appendix C.
For all employees, the Employer shall deduct the employee's FICA withholdings as
` appropriate from total taxable wages as required. The Employer shall deduct the
employees' appropriate Federal and State income tax withholdings, P E R A
deductions, and any other legally established obligation as required from all rates
established in Appendix C except for rates in C2A, which are not used for payroll
purposes.
All contributions made in accordance with this Appendix D shall be deducted from and are
not in addition to the amounts shown in Appendix C1. The Appendix D amounts shall be
forwarded to depositories as directed by the Union and agreed to by the 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 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.
•
• D3
APPENDIX E - RE(�UIRED TOOLS
Pocket Tool Pouch and Belt �
6' Rule
9" or 10" Aluminum Level
8" Side Cutters
Crimping Tool
10" Crescent Wrench
Combination of Box-Open-End Wrenches 3/8" - 3/4" �
Socket Set of Equivalent Sizes
Cold Chisel and Center Punch
Taps 6/32 - 8/32 - 10/32 - 10/24 - 4/2 0
Drills - In Accordance With Tap sizes 9/32 and 3/8
Tap Wrench
File Rasp 12" 1/2 Round and Rat-Tail
Hack Saw 12" blade
Screwdrivers 4" - 8" - 12" Reg. Slot and 4" and 6" Phillips
Flashlight
Tester, 600 v. Solenoid Type
Combination Square
Knife
Long-Nose Pliers
Diagonal-Cutting Pliers
2 pair Channel Locks
Allen Wrenches
Hammer, Ball Peen
Scratch Awl •
Fuse Puller
25' Steel Tape Measure
Chalk-Line
Plumb Bob and Line
Wire Stripper for standard wire sizes
Tool Box to hold the above tools
The Employer shall furnish all other necessary tools or equipment. Employees
will be responsible for tools or equipment issued to them, providing the Employer
furnishes the necessary lockers, "gang box" or other safe place for storage.
The Employer shall be responsible for checking to see that employees possess the
tools specified above in proper working order. Replacement claims will be honored only
for acceptable tools checked by the Employer.
The Employer shall replace with similar tools of equal value and quality any of
the above-listed tools which are turned in by a regularly appointed employee which are
no longer serviceable because of wear or breakage.
The Employer shall replace with similar tools of equal value and quality any of
the above-listed tools which are turned in by a temporary appointed employee which are
no longer serviceable because of wear or breakage providing the employee has been
employed for nine (9) continuous months or more. •
E1 •
��n .. � ,�� �
INDEX
� ARTI E TITLE pAGE
�
Preamble.................................................................................................. v
' 11 . urpose....................................................................................................
2. Recognition............................................................................................... 1
3. Employer Rights....................................................................................... 2
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................................................................................................... 6
1 1 . Work Location.......................................................................................... 6
12. Wages ....................................................................................................... 6
13. Fringe Benefits......................................................................................... 7
14. Selection of Lead Electrician, General Lead Electrician,
Master Electrician, and Master Building
Controls Electrician.............................................................................. 7
15. Holidays.................................................................................................... 8
� 16. Disciplinary Procedures.......................................................................... 9
17. Absences from Work................................................................................ 9
18. Seniority.................................................................................................. 10
19. Jurisdiction.............................................................................................. 11
20. Separation from Employment.................................................................. 1 1
21 . Tools......................................................................................................... 1 1
22. Grievance Procedure................................................................................ 1 2
23. Right of Subcontract................................................................................. 1 4
24. Non-Discrimination................................................................................. 14
25. Severability............................................................................................. 14
26. Waiver...................................................................................................... 15
27. Mileage - Independent School District No. 625....................................... 1 5
28. Maternity Leave....................................................................................... 1 6
29. Required Training.................................................................................... 1 6
30. Duration and Pledge.................................................................................. 1 7
AppendixA....................................................................................... A-1
AppendixB....................................................................................... B- 1
' APPendix C.......................................................................... C1 - C4
�
AppendixD.......................................................................... D1 - D3
AppendixE....................................................................................... E 1
�
iii
�
INTENTIONALLY BLANK
�,
�
r
.
�
IV
��.� - � _� i �
�
• PREAMBLE
.
This Agreement is entered into between Independent School District No. 625,
hereinafter referred to as the Employer, and the International Brotherhood of Electrical
Workers, Local 110, hereinafter referred to as the Union.
The Employer and the Union concur that this Agreement has as its objective the
promotion of the responsibilities of Independent School District No. 625 for the benefit
of the general 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
�
*
�
i l>� � v� � �
ARTICLE 1 . PURPOSE
� 1 .1 The Em lo er and the Union a ree th
p y g at 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 .1 .2 Set forth rates of pay, hours of work, and other conditions of
employment as have been agreed upon by the Employer and the Union;
1 .1 .3 Establish procedures to orderly and peacefully resolve disputes as to the
application or interpretation of this Agreement without loss of
manpower productivity.
1 .2 The Employer and the Union agree that this 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 statute 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. 89-PR-2348 dated December 11, 1989.
2.2 The classes of positions recognized as being exclusively represented by the Union
are as listed in Appendix A.
.
�
1
ARTICLE 3. EMPLOYER RIGHTS
3.1 The Em lo er retains the ri ht to o erate and mana e all man ower f i ' ' �
p y g p g p , ac lities,
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.
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 in each
department to act as a Steward and shall inform the Employer in writing of such
designation. Such employee shall have the rights and responsibilities as
designated in Article 22, Grievance Procedure.
4.3 Upon notification to a designated Employer supervisor, the Business Manager of
the Union or his/her designated representative shall be permitted to enter the
facilities of the Employer where employees covered by this Agreement are
working.
ARTICLE 5. SCOPE OF THE AGREEMENT
5.1 This Agreement established the "terms and conditions of employmenY' defined by
Minnesota Statute § 179A.03, Subdivision 19, for all employees exclusively '
represented by the Union. This Agreement shall supersede such "terms and
conditions of employment" established by Civil Service Rule, Council Ordinance,
and Council Resolution. '
�
2
��, . � � 11
ARTICLE 6. PROBATIONARY PERIODS
� 6.1 All ersonnel, ori inall hired or rehired followin se aration '
P 9 Y g p , 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 reason(s) 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 Article 12, Wages and
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 workda shall be ei ht 8 consecutive hours er da excludin a �
Y 9 ( ) P Y, 9
thirty (30) minute unpaid lunch period.
8.2 The normal work week shall be five (5) consecutive normal workdays in any ,
seven (7) day period.
8.3 Shifts other than the regular daytime shift Monday through Friday may be
established. Such shifts must be maintained for a period of at least one (1) work
week. The second shift shall be a regularly-scheduled shift which follows a
regularly-scheduled first shift of five (5) hours or greater. The third shift
shall be a regularly-scheduled shift which follows a regularly-scheduled second
shift of five (5) hours or greater.
8.4 For employees on a shift basis, this shall be construed to mean an average of
forty (40) hours a week.
8.5 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.
8.6 An employee normally working on a particular shift may be transferred from
that shift to another shift upon one week's notice; provided, however, that in the
event of a vacancy, an employee may be assigned to another shift to fill such
vacancy upon twenty-four (24) hours' notice.
8.7 All employees shall be at the work location designated by their supervisor, ready �
for work, at the established starting time and shall remain at an assigned work
location until the end of the established workday unless otherwise directed by
their supervisor.
8.8 All employees are subject to call-back by the Employer as provided by
Article 10, Call Back.
8.9 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.
8.10 The employer shall be required to give no less than six and one-half (6-1/2)
hours notice, when an employee is to be laid off.
8.1 1 If an employee is required to work eleven (11) consecutive hours or more that
involve scheduled overtime, the employee shall be allowed to take a thirty (30)
minute unpaid meal break. Such meal break will be taken within the first
two (2) hours immediately following the normal workday, as defined in 8.1 of
this Article.
s
�
4
��� .. i � i ►
ARTICLE 9. OVERTIME
� 9.1 All overtime com ensated for b the Em lo er m
p y p y ust receive prior authorization
from a designated Employer supervisor. No overtime work claim will be honored
' for payment or credit unless approved in advance. An overtime claim will not be
honored, even though shown on the time card, unless the required advance
approval has been obtained.
9.2 The overtime rate of one and one-half (1-1/2) the basic hourly rate shall be
paid for work pertormed 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 on a sixth (6th) day following a normal work week.
9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work
performed under the following circumstances:
9.3.1 Time worked on a seventh (7th) day following a normal work week;
arid
9.3.2 Time worked in excess of twelve (12) consecutive hours in a
twenty-four (24) hour period, provided that all "emergency" work
required by "Acts of God" shall be compensated at the rate of one and
one-half (1-1/2).
� 9.4 For the purpose of calculating overtime compensation, overtime hours worked
shall not be "pyramided," compounded or paid twice for the same hours worked.
9.5 Overtime hours worked as provided by this Article shall be paid in cash or in
compensatory time. The basis on which overtime shall be paid shall be
determined solely by the Employer. Compensatory time off must be approved by
the Employer.
.
�
5
ARTICLE 10. CALL BACK
10.1 The Em lo er retains the ri ht to call back em lo ees before an em lo ee has �
p Y 9 p Y P Y
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
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 Article 9, Overtime.
ARTICLE 1 1 . WORK LOCATION
11 .1 Employees shall report to the work locations 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 shall be compensated in accordance with Article 12.1, Wages,
and have fringe benefit contributions and/or deductions made on their behalf as
provided for by Article 13, Fringe Benefits.
12.3 Temporary employees shall be compensated in accordance with Article 12.1,
Wages, and have fringe benefit contributions and/or deductions made in their .
behalf as provided for by Article 13, Fringe Benefits.
�
6
�"i I'�� I, � � �
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 "grandfathered" as eligible for the Employer's Health and Welfare
• Plan and who have retired since February 15, 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 � Personnel Office of the 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 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.
ARTICLE 14. SELECTION OF LEAD ELECTRICIAN, GENERAL LEAD ELECTRICIAN,
MASTER ELECTRICIAN,AND MASTER BUILDING CONTROLS ELECTRICIAN
14.1 The selection of personnel for the class of positions General Lead Electrician,
Lead Electrician, Master Electrician, and Master Building Controls Electrician
shall remain solety with the Employer.
14.2 The class of positions Master Electrician, and Master Building Controls
Electrician 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.
7
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. For those employees assigned to a work week other than
Monday through Friday, these three holidays shall be observed on the calendar
date of the 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 called in to work on a designated holiday shall be compensated at the �
rate of two (2) times the basic hourly rate for all hours worked.
15.6 If Martin Luther King, Jr. Day, Presidents' Day, Columbus Day or Veterans' Day
falls on a day when school is in session, the employee shall work that day at
straight time and another day shall be designated as the holiday. This designated
holiday shall be a day determined by agreement between the employee and his
supervisor.
15.7 If Martin Luther King Jr. Day, Presidents' Day, Columbus Day or Veterans' Day
falls on a day when school is n�, in session, that day will normally be an unpaid
holiday. If the Employer schedules work on such days, employees will be offered
an opportunity to work that day at the straight-time rate and will not be required
to take another day off to replace the holiday. If the employee is called in on such
day, they will be called in accordance with Article 10 and paid as in 15.5.
15.8 Employees shall be permitted one personal holiday per year. The scheduling of
such holiday is subject to the approval of the department head, and a request to
schedule the date must be submitted at least five (5) working days in advance of
the date requested. Compensation for such personal holiday shall be as provided
for employees under Appendix D (D-1) and shall not involve any further
contribution or pay by the Employer.
15.9 The day after Thanksgiving Day and day before Christmas Day shall be considered .
workdays. All employees working on these days shall be compensated on a
straight-time basis. �
8
�{�`, I, ./ � I
ARTICLE 16. DISCIPLINARY PROCEDURES
� 16.1 The Emplo er shall have the ri ht to im ose disci lina actions on em lo ees
Y 9 p P rY P Y
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 have the right to
request that such actions be considered a "grievance" for the purpose of
processing through the provisions of Article 22, Grievance Procedure); as an
alternative option, such employee can request review by the Civil Service
Commission or a designated Board of Review, consistent with Minnesota
Statute § 179A.20, Subd. 4. Once an employee, or the Union acting in the
employee's behalf initiates review in one forum, the matter shall not be again
reviewed in another forum. Oral reprimands shall not be subject to the
grievance review procedures.
� ARTICLE 17. ABSENCES FROM WORK
17.1 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.
�
9
ARTICLE 18. SENIORITY
18.1 Seniority, for the purposes of this A reement, shall be defined as follows: �
9
18.1 .1 "Master Seniority" - The length of continuous regular and �
prabationary service with the Employer from the last date of
employment in any and all class titles covered by this Agreement.
18.1 .2 "Class Seniority" - The length of continuous regular and probationary
service with the Employer from the date an employee was first
appointed to a class title covered by this Agreement.
18.2 Senioriry 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." Recall from layoff shall be in inverse
order of layoff, except that recall rights shall expire after two years of layoff.
18.5 The selection of vacation periods shall be made in class title based on length of
"Class Seniority," subject to the approval of the Employer.
�
10
��(� �� i � � I
ARTICLE 19. JURISDICTION
� 19.1 Disputes concernin work 'urisdiction between and amon unions is reco nized as
9 1 9 9
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 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 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 wo�.
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 FROM EMPLOYMENT
�
20.1 Employees having a probationary or regular employment status shall be
considered separated from employment based on the following actions:
20.1.1 Resianation. Employees resigning from employment shall give written
notice fourteen (14) calendar days prior to the effective date of the
resignation.
20.1 .2 ' h r . As provided in Article 16.
20.1.3 Failure to Report for Dutv. As provided for 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 E.
�
11
ARTICLE 22. GRIEVANCE PROCEDURE
22.1 The Em lo er shall reco nize Stewards selected in accordance with Union rules �
P Y 9
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:
Ste�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 supervisor. If the matter is not resolved to �
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.
t 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.
�
12
�� �� � �� � 9
ARTICLE 22. GRIEVANCE PROCEDURE (continued)
SSte,�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.
te 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) name; the Employer shall then strike
one (1) name. The process will be repeated and the remaining person
shall be the arbitrator.
� 22.5 The arbitrator shall have no right to amend, modify, 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 and 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.
�
13
ARTICLE 23. RIGHT OF SUBCONTRACT
23.1 The Em lo er ma , at an time durin the duration of this A reement, contract �
P Y Y Y 9 9
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
finding, 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.
�
14
, .
�� .. j � � �
ARTICLE 26. WAIVER
� 26.1 The Employer and the Union acknowledge that durin the meetin and ne otiatin
9 9 9 9
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
conditions of employment whether specifically covered or not specifically
covered by this Agreement. The Union and Employer may, however, mutually
agree to modify any provision of this Agreement.
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 approved rate or 28¢ per
mile, whichever is greater. 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.
•
15
ARTICLE 28. MATERNITY LEAVE
28.1 Maternity Leave. Materni is defined as the h sical state of re nanc of an �
tY P Y P 9 Y
employee, commencing eight (8) months before the estimated date of childbirth,
as determined by a physician, and ending six (6) months after the date of such `
birth. In the event of an employee's pregnancy, the employee may apply for leave
without pay at any time during the period stated above and the employer may
approve such leave at its option, and such leave may be no longer than one (1) '
year.
ARTICLE 29. REQUIRED TRAINING
29.1 If the District requires and in writing directs an employee to attend specified
training or educational classes outside the normal workday, the employee shall be
paid for the hours actually spent in attendance at such classes, at the basic hourly
pay rate. The employee will be required to provide verification of actual
attendance and satisfactory completion of the training unit, or series. Training
taken at the employee's option will not qualify for pay under this provision.
�
•
16
�►� � i � il
ARTICLE 30. DURATION AND PLEDGE
30.1 This Agreement shall become effective as of May 1, 1996, 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 30.2.
_ 30.2 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.
30.3 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:
30.3.1 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 part from the full, faithful performance
of their duties of employment.
30.3.2 The Employer will not engage in, instigate or condone any lockout of
employees.
30.3.3 This constitutes a tentative Agreement between the parties which will
be recommended by the Negotiations/Labor Relations Manager, but is
� subject to the approval of the Board of Education and is also subject to
ratification by the Union.
The parties agree and attest that this Agreement represents the full and complete
understanding of the parties for the period of time herein specified by the signature of
the following representatives for the Employer and the Union.
WITNESSES:
INDEPENDENT SCHOOL DISTRICT NO.625 INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 110
�lr1Ji2 � _ �
Negotiations/Labor Relat' ns Manager siness Manager
7/�3 � /99
Date p
Gl 2 .
Ch ' , Board of Education
Dat
� 17
�
INTENTIONALLY BLANK
�
�
�l
W � ��\
•
Appendixes
�
�
APPENDIX A
The classes of positions recognized as being exclusively represented by the Union �
are as follows:
General Lead Electrician
Lead Electrician �
Master Electrician Master Building Controls Electrician
Electrician Building Controls Electrician
Apprentice Electrician
and other classes of positions that may be established by the Employer where the scope of
the work duties and responsibilities assigned comes within the jurisdiction of the Union.
�
A1 �
����- � � � �
APPENDIX B
� For all normal work weeks established pursuant to the provisions of Article 8 of
this contract, which includes Sunday, the following provisions shall apply and govern:
1 . All regular electricians employed prior to January 1, 1976, shall be offered
assignment to the work week on a seniority basis, and all such employees
• shall have the right to refuse assignment to the work week. This refusal is
subject to the provisions listed below.
2. All regular electricians employed subsequent to January 1, 1976, may be
assigned to vacancies in this workweek.
3. All regular electricians shall have the right to bid on and obtain assignment of
a position occupied by an electrician with lesser class seniority within thirty
(30) calendar days from the date that said position was last filled.
4. Any regular electrician may be assigned, on a temporary basis, to the work
week to replace an electrician who is absent because of vacation, illness, paid
military leave, jury duty or any other leave acceptable to both parties. These
temporary assignments shall be made on the basis of seniority and in no
instance shall any one employee be required to work on such temporary basis
for more than fifteen (15) workdays or the total temporary assignment to
exceed ninety (90) workdays.
�
• B1
APPENDIX C
C1. The total 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 '
4/27/96 5/25/96
Electrician $31 .78 $33.01
Building Control Electrician 31 .78 33.01
Lead Electrician 33.76 35.27
Master Electrician 33.76 35.27
Master Building Controls -
Electrician 33.76 35.27
General Lead Electrician 34.89 36.40
C2. The total taxable hourly 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 employees appointed to the following classes of �
positions and who are not covered by the Employer's benefit package described in
Article 12.2 shall be as follows:
Effective Effective
4/27/96 5/25/96
Electrician $22.87 $23.90
Building Control Electrician 22.87 23.90
Lead Electrician 24.71 25.98
Master Electrician 24.71 25.98
Master Building Controls - 24.71 25.98
Electrician
General Lead Electrician 25.77 27.06
�, �
r�� -� i �� i �
APPENDIX C (continued)
� C2A. The basic hourly wage rates in this Appendix (C2A) are for
compensation analysis urposes cn�X. These figures represent the
portion of the Appendix C1 rates above specifically allocated to
- wages. These rates do N O T include taxable contributions and
therefore should NOT be used for taxable payroll calculations. See
Appendix C2 above for total taxable payroll information.
Effective Effective
4/27/96 5/25/96
Electrician $20.79 $21 .73
Building Control Electrician 20.79 21 .73
Lead Electrician 22.46 23.62
Master Electrician 22.46 23.62
Master Building Controls - 22,46 23.62
Electrician
General Lead Electrician 23.43 24.60
C3. 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
4/27/96 5/25/96
Electrician $23.859 $24.937
Building Control Electrician 23.859 $24.937
Lead Electrician 24.71 $27.137
Master Electrician 24.71 $27.137
Master Building Controls - 24.71 $27.137
Electrician
General Lead Electrician 25.77 $28.237
If a temporary employee working in a title listed in this Appendix C3 becomes
subject to the requi�ements 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 C3 for such title divided by
1 .0448.
General Lead Electrician-In-Charge Premium: For those employees assigned to perform
the function of General Lead Electrician-In-Charge, including supervising other Lead
Electricians, overseeing projects and providing scheduling and direction, the rate of pay
will be equivalent to the applicable rate shown for General Lead Electrician in Appendix
, C1, C2, C2A or C3. Benefits will be as shown in Appendix D.
� C2
APPENDIX C (continued)
C4. The basic hourly wage rates for the Apprentice class of positions: �
Apprentice Electrician hired on or after May 1, 1984:
1 st 950 hours 48% of Journeyman rate
2nd 950 hours 48% of Journeyman rate
3rd 950 hours 55% of Journeyman rate �
4th 950 hours 60% of Journeyman rate
5th 950 hours 70% of Journeyman rate
6th 950 hours 75% of Journeyman rate
7th 950 hours 80% of Journeyman rate
8th 950 hours 85% of Journeyman rate
C5. Generalltems
If the Union elects to have the contributions listed in Appendix D increased or decreased,
the Employer may adjust the rates in Appendix C, Sections C2 through C4 in such a way
that the total cost of the package (wage rate plus contributions) remains constant and
does not exceed the amounts shown in Appendix C, Section C1.
The total cost to the Employer for compensation (wages and fringes) received by
employees covered by this Agreement shall be equivalent in money to the total package
paid by the employer to employees in comparable classifications in the Agreement
between Local 110 and the National Electrical Contractors Association (NECA).
In the event Local 110 and NECA amend their bargaining agreement to provide for either �
a wage or benefit freeze or reduction during the period of this Agreement, such freeze or
reduction shall be immediately applicable to the total compensation paid to employees
covered by this Agreement.
The total package cost shall exclude any costs of payments made for industry promotion
and/or advertisement or any other purposes not directly and clearly beneficial to the
public employer.
Shift Differential
For employees who work on a regularly-assigned shift beginning earlier than 6:00 a.m.
or ending later than 6:00 p.m., provided that at least five (5) hours of the shift are
worked between the hours of 6:00 p.m. and 6:00 a.m., there shall be paid a night
differential for the entire shift.
For employees who work on a regularly-assigned shift beginning earlier than 6:00 a.m.
or ending later than 6:00 p.m., but less than five (5) hours of the shift are worked
between the hours of 6:00 p.m. and 6:00 a.m., there shall be paid a night differential for
the hours worked between the hours of 6:00 p.m. and 6:00 a.m.
The night differential shall be 5% of the base rate, and shall be paid only for those night
shifts actually worked. ,
C3 �
�i�n � l �` jl
APPENDIX D
� Effective Ma 1, 1996 the Em lo er shall forward the
Y , p y 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 a) For regular employees, 10% of the Appendix C2A wages only rate per hour
' for all hours worked from which all appropriate payroll deductions have
been made to a Union-designated Vacation Fund.
(1 b) For temporary employees, 10% of the Appendix C3 rate per hour for all
hours worked from which all appropriate payroll deductions have been
made to a Union-designated Vacation Fund.
( 2 ) $2.42 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 ) $1.20 per hour for all hours worked to a Union-designated Annuity Fund.
( 5 ) $ .71 per hour for all hours worked to a Union-designated Reserve Trust
Fund. Effective May 25, 1996, this amount will be changed to $.81 per
hour.
� ( 6 ) $ 1.65 per hour for all hours worked to a Union-designated Flexible
Benefit Fund.
(7 a) For regular employees, 3% of the Appendix C-2A wages only rate per hour
for all hours worked to a Union-designated National Em I�oyees Benefit Fund
N.E F .
(7 b) For temporary employees, 3% of the Appendix C-3 rate per hour for all
hours worked to a Union-designated National Em�loyees Benefit Fund
N. .B.
( 8 ) $.03 per hour for all hours worked to a Union-designated L a b o r
Mana�ement Coo�erative Committee Fund.
( 9 ) $.16 per hour for all hours worked to a Union-designated AQprenticeshi�
Fund. Effective May 25, 1996, this amount will be changed to $.18 per
hour.
� D1
APPENDIX D (continued)
Effective May 1, 1996, the Employer shall forward the amounts designated in this !
Appendix D for apprentice employees designated in Appendix C4 covered by this
Agreement to depositories as directed by the Union and agreed to by the Employer:
(1 a) For apprentices, the following percentages of gross wages shall be forwarded
for all hours worked from which all appropriate payroll deductions have been
made to a Union designated Vacation Fund. `
1st - 1900 hrs. 1.901 - 3.800 hrs. 3.801 - 5.700 hrs. 5.701 - 7.600 hrs.
5-1/2% 6-1/2% 7-1/2% 9-1/2%
(2 a) $2.42 per hour shall be forwarded for all hours worked as an apprentice to a
Union-designated Health and Welfare Fund.
(3 a) After 5,700 hours as an apprentice, $1.10 per hour shall be forwarded for
all hours worked as an apprentice to a Union-designated Pension Fund. No
pension contribution shall be made for apprentices, until they have worked
5,700 hours as an apprentice.
(4 a) For apprentices, the following amounts shall be forwarded for all hours
worked as an apprentice to a Union designated Annuity Fund:
lst - 3.800 hrs. 3.801 - 6.650 hrs. 6.651 - 7.600 hrs.
$ .50 hr. $ .55 hr. $ 1.20 hr. �
(5 a) For apprentices, the following amounts shall be forwarded for all hours
worked as an apprentice to a Union designated Heserve Trust Fund:
1 - 1.900 hrs. 1.901 - 3.800 hrs. 3.801 - 5.700 hrs. 5.701 + hrs.
$ .10 $ .11 $ .12 $ .70
(6 a) For apprentices, the following amounts shall be forwarded for all hours
worked as an apprentice to a Union designated Flexible Benefit Fund:
1 - 1.900 hrs. 1.901 - 5.700 hrs. 5.701 - 6.650 hrs. 6.651 - 7.600 hrs.
$ .29 $ .32 $ .35 $ 1.65
(7 a) 3% of the gross wages shall be forwarded for all hours worked as an
apprentice to a Union-designated National Em I�oyees Benefit Fund (N.E.B.F.1.
(8 a) $.03 per hour shall be forwarded for all hours worked as an apprentice to a
Union-designated Labor Management Cooperative Committee Fund.
(9 a) $.16 per hour shall be forwarded for all hours worked as an apprentice to a '
Union-designated A�prenticeshiq Fund. Effective May 25, 1996, this amount
is changed to $.18 per hour. ,
D2 �
� �� I � � �
APPENDIX D (continued)
� For all em lo ees, the Em lo er shall make le all established non-ne otiated
P Y p Y 9 Y 9
pension contributions for all appropriate employees to PERA � 4.48% of the
• applicable hourly rates noted in Appendix C.
For all employees, the Employer shall deduct the employee's FICA withholdings as
` appropriate from total taxable wages as required. The Employer shall deduct the
employees' appropriate Federal and State income tax withholdings, P E R A
deductions, and any other legally established obligation as required from all rates
established in Appendix C except for rates in C2A, which are not used for payroll
purposes.
All contributions made in accordance with this Appendix D shall be deducted from and are
not in addition to the amounts shown in Appendix C1. The Appendix D amounts shall be
forwarded to depositories as directed by the Union and agreed to by the 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 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.
�
• D3
APPENDIX E - REQUIRED TOOLS
Pocket Tool Pouch and Belt +
6' Rule
9" or 10" Aluminum Level
8" Side Cutters •
Crimping Tool
10" Crescent Wrench
Combination of Box-Open-End Wrenches 3/8" - 3/4" '
Socket Set of Equivalent Sizes
Cold Chisel and Center Punch
Taps 6/32 - 8/32 - 10/32 - 10/24 - 4/2 0
Drills - In Accordance With Tap sizes 9/32 and 3/8
Tap Wrench
File Rasp 12" 1/2 Round and Rat-Tail
Hack Saw 12" blade
Screwdrivers 4" - 8" - 12" Reg. Slot and 4" and 6" Phillips
Flashlight
Tester, 600 v. Solenoid Type
Combination Square
Knife
Long-Nose Pliers
Diagonal-Cutting Pliers
2 pair Channel Locks
Allen Wrenches
Hammer, Ball Peen
Scratch Awl �
Fuse Puller
25' Steel Tape Measure
Chalk-Line
Plumb Bob and Line
Wire Stripper for standard wire sizes
Tool Box to hold the above tools
The Employer shall furnish all other necessary tools or equipment. Employees
will be responsible for tools or equipment issued to them, providing the Employer
furnishes the necessary lockers, "gang box" or other safe place for storage.
The Employer shall be responsible for checking to see that employees possess the
tools specified above in proper working order. Replacement claims will be honored only
for acceptable tools checked by the Employer.
The Employer shall replace with similar tools of equal value and quality any of
the above-listed tools which are turned in by a regularly appointed employee which are
no longer serviceable because of wear or breakage.
The Employer shall replace with similar tools of equal value and quality any of �.
the above-listed tools which are turned in by a temporary appointed employee which are
no longer serviceable because of wear or breakage providing the employee has been
employed for nine (9) continuous months or more. �
E1 •