96-1358 � �''�� � �` � � � �� � � Council File# — (�
. '� �� � `�_ . i W < . ._
� Green Sheet# 35799
RESOLUTION
C INT PAU , INNESOTA aO
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, 1999 Maintenance Labor Agreement between the Independent School District
3 No. 625 and Sheet Metal Workers International Association Local 10.
Yeas Na s Absent Requested by Department of:
Blakey � Office of Labor Relations
Bostrom �/'
Guerin +/' � „/ �
Harris E� By: �f'
Megard ��
Rettman � Form Ap oved b ' Attorney
'Thune �
By:
Adopted by Council: Date `����, �q� Approved b M or for Submis ' to ouncil
Adoption Certified by Council Secretary By: � `
By: �
Approved by Mayor: Date /� Ti �V
By: l� ,
�Er��ra�rrro�c�ouNC�L: DA� nvmn�n , GRE�N �$EET N • ���135�
LABOR RELATTONS October 16, t996 0.. 35799
CONTACI'rERSON i�PHOAI�: � IN177ALJDAY'� 1Nt7'IAUDA7'E
ANGiE NALEZNY 266-6498 ,�sicN �n�r�� n�x. � crrv eouF►ci�.
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NE7MaER 2 C1T1(ATTORNEY C1TY CLERK
MU$T EE 01V COUNCti.AG�NDA BY(DATE) FOR SUDCiE'i'DIR. F1N.k MGT.SERVIGE DIR.
ROU7'ING 3 MAYOR(OR AS3T.)
ORDER
TOTAL N OF SIGNAIVRE PAGFS 1 (GW�'ALL LOCATIONB FOR SIGNA7'URE)
�cnoN R�n: Th�s resolutit�n approv�es tIse attach�Ivlay 1, 1996 through April 34, l�399 M�►inten�Labor
A�reernent betweea Independent�chool District No. 625 and Shcet Metal Wurtccrs Infernational Association
Loca1 10.
RECOMMENDAI'[ONS:Appluve(A)or Rejxt(1t) PERSOI�FAL SERVICB LON7'RAC'i'B�1lUST A1�WEit THE FOl.t�tlWING
QUE8770TiS:
tI.ANNtNC COMA�![SSION CIYIL SERVICE COMMISSION l. Flu this personffirm ever wexk�d m�lt a�ntrsct f�or�a de�rprknt?
�,,,,,GIB COMMI'ITEE Ycs No
STAFF 2. tiac u�is psrson/tirm ever bcsn a city emv�ora? .
�D�lSTRlCT COURT Yes No ,
SUPPOR7'S WHIGH GOUNCIL.OBJECI7Y�? 3. Dee�tbis pasoNlirm possess a akili not normsllY po�ed��ny�ra�t city emplayce7
Yes Wo
Expld�aq ya a�nven ar rep�ralt tUe��wttncM t��t�eeA tMe�t
Il�ilTIATING PROBLEM.ISSUE,OPPORTIJMTY(R'ba What,Whea,WMere,way):
sec Attached OCT 2 2 1!!��
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ADVAtV'fAGEB IF ATPROVED: '
Th�s rt.sohrtion pert�ins to$oard o�Educ�tion emp�oye�s only. R���'��
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�1' 18 �
D�HVANTACES IF APPROVED: '�� ������
No�.
.
HI3MVANTAGES IF NAT ArPttOVED:
TOTAL AMOUNT OF 7'RAIVSACTI�1: G'OBTiREVE�ViJ�B!!�G£TED: �(►� �!S�,�� �q�t�'� _;
FITAiDING SO1tRCE: ACTNf'!Y 1VilMBERs
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INDEP �� '/�S�
ENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION
SAINT PAUL PUBLIC SCHOOLS
DATE: August 20, 1996
TOPIC: Approval of an employment agreement with Sheet Metal Workers
intemational Association Local 10
A. PERTINENT FACTS:
1. New Agreement is for the three-year period May 1, 1996 through April 30, 1999.
2. This contract has no one eligible for District retiree health insurance contributions.
3 Contract changes are as follows:
ileaae: The language will be changed to read, " . . . the rate approved by the Board of
Education or$.28 per mile,whichever is greater."
Wages: The first two years of the contract will be based on the outside prevailing rate total
package increase of $1.13/hr on April 27, 1996, and $1.13/hr on April 26, 1997. The
third year there will be a reopener for wages only.
4. The District has four(4) 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 conceming the terms and conditions of employment of those employees in this school
district for whom Sheet Metal Workers International Association Local 10 is the exclusive
representative; duration of said Agreement is for the period of May 1, 1996 through Apri130, 1999.
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• INDEX
.
ARTI LE TITLE PAGE
Preamble............................................................................................ v
.
1 . Purpose.............................................................................................. 1
2. Recognition......................................................................................... 1
3. Employer Rights................................................................................. 1
4. Union Rights....................................................................................... 2
5. Scope of 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 Sheet Metal Worker................................................ 7
15. Holidays.............................................................................................. 8
16. Disciplinary Procedures.................................................................... 1 0
� 17. Absences From Work.......................................................................... 1 0
18. Seniority............................................................................................ 11
19. Jurisdiction........................................................................................ 12
20. Separation.......................................................................................... 1 2
21 . Tools................................................................................................... 1 2
22. Grievance Procedure.......................................................................... 1 3
23. Right of Subcontract........................................................................... 1 5
24. Non-Discrimination........................................................................... 15
25. Severability....................................................................................... 15
26. Waiver................................................................................................ 16
27. Mileage - Independent School District No. 625................................. 1 6
28. Duration and Pledge............................................................................ 1 7
AppendixA.......................................................................................... A1
AppendixB.......................................................................................... B 1
AppendixC.................................................................................... C1-C2
AppendixD.................................................................................... D 1-D 2
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INTENTIONALLY BLANK
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IV
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� PREAMBLE
� This Agreement is entered into between Independent School District No. 625,
hereinafter referred to as the Employer, and the Sheet Metal Workers International
� Association Local 10, hereinafter referred to as the Union.
The Employer and the Union concur that this Agreement has as its objective the
promotion of the responsibilities of the Independent School District No. 625 for the
benefit of the general public through effective labor-management cooperation.
The Employer and the Union both realize that this goal depends not only on the
words in the Agreement but rather primarily on attitudes between people at all levels of
responsibility. Constructive attitudes of the Employer, the Union, and the individual
employees will best serve the needs of the general public.
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INTENTIONALLY BLANK
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ARTICLE 1 . PURPOSE
• 1 .1 The Em lo er and the Union a ree that the ur ose for enterin into this
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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. REOOGNITION
�
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-2352 dated December 7, 1989.
2.2 The classes of positions recognized as being exclusively represented by the Union
are as listed in Appendix A.
ARTICLE 3. EMPLOYER RIGHTS
3.1 The Employer retains the right to operate and manage all manpower, facilities,
and equipment; to establish functions and programs; to set and amend budgets; to
determine the utilization of technology; to establish and modify the organizational
structure; to select, direct, and determine the number of personnel; and to
perform any inherent managerial function not specifically limited by this
� Agreement.
3.2 Any "term or condition of employmenY' not established by this Agreement shall
remain with the Employer to eliminate, modify or establish following written
notification to the Union.
•
1
ARTICLE 4. UNION RIGHTS
4.1 The Em lo er shall deduct from the wa es of em lo ees who authorize such a •
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deduction in writing an amount necessary to cover monthly Union dues. Such
monies deducted shall be remitted as directed by the Union. �
4.1 .1 The Employer shall not deduct dues from the wages of employees covered
by this Agreement for any other labor organization. �
4.1 .2 The Union shall indemnify and save harmless the Employer from any and
all claims or charges made against the Employer as a result of the
implementation of this Article.
4.2 The Union may designate one (1) employee from the bargaining unit to act as a
Steward and shall inform the Employer in writing of such designation. Such
employee shall have the 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 designated representative shall be permitted to enter the
facilities of the Employer where employees covered by this Agreement are
working.
ARTICLE 5. SCOPE OF THE AGREEMENT �
5.1 This Agreement establishes the "terms and conditions of employmenY' defined by
Minnesota Statute § 179.63, Subdivision 18, 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.
•
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ARTICLE 6. PROBATIONARY PERIODS
� 6.1 All ersonnel, ori inall hired or rehired followin se aration in a re ular
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employment status shall serve a six (6)-month probationary period during
' which time the employee's fitness and ability to perform the class of positions'
duties and responsibilities shall be evaluated.
' 6.1 .1 At any time during the probationary period an employee may be
terminated at the discretion of the Employer without appeal to the
provisions of Article 22 (Grievance Procedure).
6.1 .2 An employee terminated during the probationary period shall receive a
written notice of the reason(s) for such termination, a copy of which
shall be sent to the Union.
6.2 All personnel promoted to a higher class of positions shall serve a six (6) month
promotional probationary period during which time the employee's fitness and
ability to perform the class of positions' duties and responsibilities shall be
evaluated.
6.2.1 At any time during the promotional probationary period an employee may
be demoted to the employee's previously-held class of positions at the
discretion of the Employer without appeal to the provisions of Article 22
(Grievance Procedure).
6.2.2 An employee demoted during the promotional probationary period shall be
� returned to the employee's previously-held class of positions and shall
receive a written notice of the reasons for demotion, a copy of which shall
� be sent to the Union.
ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The Employer and the Union are in full agreement that the philosophy of
employment and compensation shall be a "cash" hourly wage and "industry"
fringe benefit system.
7.2 The Employer shall compensate employees for all hours worked at the basic
hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages)
and 13 (Fringe Benefits).
7.3 No other compensation or fringe benefit shall be accumulated or earned by an
employee except as specifically provided for in this Agreement.
.
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ARTICLE 8. HOURS OF WORK
8.1 The normal workday shall be eight (8) consecutive hours per da , excludin a •
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thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m.
8.2 The normal work week shall be five (5) consecutive normal workdays Monday •
through Friday.
.
8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment
to establish second and third shifts or a work week of other than Monday through
Friday, the Union agrees to enter into negotiations immediately to establish the
conditions of such shifts and/or work weeks.
8.4 This Section shall not be construed as, and is not a guarantee of, any hours of
work per normal workday or per normal work week.
8.5 All employees shall be at the location designated by their supervisor, ready for
work, at the established starting time and shall remain at an assigned work
location until the end of the established workday unless otherwise directed by
their supervisor.
8.6 All employees are subject to call-back by the Employer as provided by
Article 10 (Call Back).
8.7 Employees reporting for work at the established starting time and for whom no
work is available shall receive pay for two (2) hours, at the basic hourly rate,
unless notification has been given not to report for work prior to leaving home,
or during the previous workday. �
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ARTICLE 9. OVERTIME
• 9.1 All overtime com ensated for b the Em lo er must receive rior authorization
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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 the 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 the normal work week; and
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 purposes of calculating overtime compensation, overtime hours worked
shall not be "pyramided," compounded or paid twice for the same hours worked
� (except for the amount specified in Appendix D (3), National Pension Fund). All
contributions for the National Pension Fund (Appendix D (3) for each employee
covered by this Agreement shall be compensated based on hours �. and not
hours worked: such that hours paid at time and one-half shall receive
contributions at 1.5 times the rate specified in Appendix D (3), and two (2)
times the rate specified in Appendix D (3) for double time hours paid
9.5 Overtime hours worked as provided by this Article shall be paid in cash or in
compensatory time as determined by the Employer.
.
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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' 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
1 1 .1 Employees shall report to work location as assigned by a designated Employer
supervisor. During the normal workday, employees may be assigned to other
work locations at the discretion of the Employer.
1 1 .2 Employees assigned to work locations during the normal workday other than their �
original assignment, and who are required to furnish their own transportation,
shall be compensated for mileage, as set forth in Article 27 (Mileage).
ARTICLE 12. WA�GES
12.1 The basic hourly wage rates as established by Appendix C shall be paid for all
hours worked by an employee covered by this Agreement.
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). �
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ARTICLE 13. FRINGE BENEFITS
�
13.1 The Employer shall make contributions on behalf of and/or make deductions from
the wages of participating employees as defined by Article 12.2 and 12.3 covered
' by this Agreement in accordance with Appendix D for all hours worked.
13.2 Effective May 1, 1986 temporary, probationary, and regular employees shall be
' eligible for a paid holiday for Labor Day, the first Monday in September.
13.3 The Employer will for the period of this Agreement provide, for those employees
who were eligible for the Employer's health and welfare plan and who have
retired since February 1, 1975, 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 13.4
the employee must:
13.3.1 Be receiving benefits from a public employee retiree act at the time of
retirement.
13.3.2 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.
� 13.3.3 Inform the Human Resource Department of Independent School District
No. 625 n�i Office of Human Resources - City of Saint Paul in writing
within sixty (60) days of employee's early retirement date that he or
she wished to be eligible for early retiree insurance benefits.
13.4 An employee who retires at age sixty-five (65) or later and who meet the
criteria in 13.3 or for early retirees who qualified under 13.3 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 SHEET METAL WORf�R
14.1 The selection of personnel for the class of position Lead Sheet Metal Worker shall
remain solely with the Employer.
_ 14.2 The class of position Lead Sheet Metal Worker 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.
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ARTICLE 15. HOLIDAYS
15.1 The following ten (10) days shall be designated as unpaid holida s exce t Labor �
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Day as noted in Article 13.2):
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.
* Paid holiday for regular, probationary, and temporary employees.
15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the
following shall be considered the designated holiday. When any of these three (3)
holidays falls on a Saturday, the preceding Friday shall be considered the
designated holiday.
15.3 The ten (10) holidays shall be considered non-workdays.
15.4 If, in the judgment of the Employer, personnel are necessary for operating or
emergency reasons, employees may be scheduled or "called back" in accordance �'
with Article 10 (Call Back).
15.5 Employees working on the holidays listed below shall be paid on a straight-time
basis:
Martin Luther King, Jr. Day
Presidents' Day
Columbus Day
Veterans' Day.
15.6 Employees working on the holidays listed below shall be paid at the rate of two
(2) times the basic hourly rate for all hours worked:
New Year's Day
Memorial Day
Independence Day _
Thanksgiving Day
Christmas Day _
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ARTICLE 15. HOLIDAYS (continued)
• 15.7 Employees working on Labor Day shall be recompensed for work done on this day
by being granted compensatory time on a time and one-half basis or by being paid
on a time and one-half basis for such hours worked, in addition to the regular
" holiday pay.
In order to be eligible for a holiday with pay, an employee's name must appear on
the payroll on any six working days of the nine working days preceding the
holiday; or an employee's name must appear on the payroll the last working day
before the holiday and on three other working days of the nine working days
preceding the holiday. In neither case shall the holiday be counted as a working
day.
15.8 When Martin Luther King, Jr. Day, PresidenYs Day, Columbus Day or Veterans'
Day falls on a day when school is in session, the employees shall work that day at
straight time and another day shall be designated as the holiday. This designated
holiday shall be a day on which school is not in session and shall be determined by
agreement befinreen the employee and the supervisor.
15.9 Notwithstanding Article 15.1 and 15.5 above, the Employer may at any time
during the life of this Agreement designate the day after Thanksgiving as a paid
holiday. In the event of such designation, either Martin Luther King, Jr. Day,
Presidents' Day, Columbus Day, or Veterans' Day shall be deleted from the paid
holidays list as set forth in Article 15.1.
.
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ARTICLE 16. DISCIPLINARY PROCEDURES
16.1 The Em lo er shall have the ri ht to im ose disci lina actions on em lo ees •
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for just cause.
.
16.2 Disciplinary actions by the Employer shall include only the following actions:
16.2.1 Oral reprimand; �
16.2.2 Written reprimand;
16.2.3 Suspension;
16.2.4 Demotion;
16.2.5 Discharge.
16.3 Employees who are suspended, demoted or discharged shall retain all rights under
Minnesota Statute § 179A.20, Subd. 4, and thereby shall have the right to
request that such actions be considered a "grievance" for the purpose of
processing through the provisions of Article 22 (Grievance Procedure). Once an
employee or the Union in the employee's behalf initiates review of an action, that
matter shall not again be reviewed in another forum. Oral reprimands shall not
be subject to the grievance review process.
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.
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ARTICLE 18. SENIORITY
� 18.1 Effective Ma 1, 1993, for the ur ose of this Article, the followin terms shall
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be defined as follows:
18.1 .1 The term, "Employer," shall mean Independent School District No. 625,
.
Saint Paul Public Schools.
18.1 .2 The term, "Master Seniority," shall mean the length of continuous
regular and probationary service with the Employer from the date an
employee was first appointed to any class title with the Employer
covered by this Agreement.
18.1 .3 The term, "Class Seniority" shall mean the length of continuous regular
and probationary service with the Employer from the date an employee
was first appointed to a position with the Employer in a class title
covered by this Agreement.
This Section 18.1.3 is intended to mean that on or after May 1, 1993, an
employee who is newly hired to the Employer (District), no matter what
the person's prior experience or how hired by the District, will have
his/her class seniority start at zero on the day of appointment to a
School District position in that title and seniority will begin to be
calculated from that date. An employee's Class Seniority does not revert
to zero following recall from an Employer initiated layoff within the 24
month recall rights period specified in 18.4. This definition of class
� seniority will be used for all layoff decisions.
18.2 Seniority shall not accumulate during an unpaid leave of absence, except when
such a leave is granted for a period of less than thirty (30) calendar days; is
granted because of illness or injury; is granted to allow an employee to accept an
appointment to the unclassified service of the Employer or to an elected or
appointed full-time position with the Union.
18.3 Seniority shall terminate when an employee retires, resigns or is discharged.
18.4 In the event it is determined by the Employer that it is necessary to reduce the
workforce, employees will be laid off by class title within each Department based
on inverse length of "Class Seniority." Employees laid off by the Employer shall
have the right to reinstatement in any lower-paid class title previously held
which is covered by this Agreement, provided the employee has greater "Class
Seniority" than the employee being replaced. Recall from layoff shall be in
inverse order of layoff, except that recall rights shall expire after 24 months
from the last day of work preceding the layoff. No other Civil Service recall
rights to this Employer shall apply. This provision does not address any rights
the employee may have to be recalled to any other employer.
18.5 The selection of vacation periods shall be made by class title based on length of
"Class Seniority," subject to the approval of the Employer.
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ARTICLE 19. JURISDICTION
19.1 Disputes concerning work jurisdiction between and among unions is recognized as
�
an appropriate subject for determination by the various unions representing ,
employees of the Employer.
19.2 The Employer agrees to be guided in the assignment of work jurisdiction by 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 2 0. SEPARATION �
20.1 Employees having a probationary or regular employment status shall be
considered separated from employment based on the following actions:
20.1 .1 Resignation. Employees resigning from employment shall give written
notice fourteen (14) calendar days prior to the effective
date of the resignation.
20.1 .2 pischarae. As provided in Article 16.
20.1 .3 Failure to Report for DutX. As provided in Article 17.
20.2 Employees having a temporary employment status may be terminated at the
discretion of the Employer before the completion of a normal workday.
ARTICLE 21 . TC)OL.S
21 .1 All employees shall personally provide themselves with the tools of the trade as
listed in Appendix B. �
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ARTICLE 22. GRIEVANCE PROCEDURE
� 22.1 The Employer shall recognize Stewards selected in accordance with Union rules
and regulations as the grievance representative of the bargaining unit. The
� UNION shall notify the Employer in writing of the names of the Stewards and of
their successors when so named.
22.2 It is recognized and accepted by the Employer and the Union that the processing of
grievances as hereinafter provided is limited by the job duties and
responsibilities of the employees and shall therefore be accomplished during
working hours only when consistent with such employee duties and
responsibilities. The Steward involved and a grieving employee shall suffer no
loss in pay when a grievance is processed during working hours, provided the
Steward and the employee have notified and received the approval of their
supervisor to be absent to process a grievance and that such absence would not be
detrimental to the work programs of the Employer.
22.3 The procedure established by this Article shall, except as previously noted in
Article 16 (Disciplinary Procedures), be the sole and exclusive procedure, for
the processing of grievances, which are defined as an alleged violation of the
terms and conditions of this Agreement.
22.4 Grievances shall be resolved in conformance with the following procedure:
SteR 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.
Step 2. Within seven (7) calendar days after receiving the written grievance,
a designated Employer supervisor shall meet with the Union Steward
and attempt to resolve the grievance. If, as a result of this meeting,
the grievance remains unresolved, the Employer shall reply in
writing to the Union within three (3) calendar days following this
meeting. The Union may refer the grievance in writing to Step 3
within seven (7) calendar days following receipt of the Employer's
written answer. Any grievance not referred in writing by the Union
within seven (7) calendar days following receipt of the Employer's
answer shall be considered waived.
�
13
ARTICLE 22. GRIEVANCE PROCEDURE (continued)
Within seven 7 calendar da s followin recei t of a rievance �
Ste�3• ( ) Y 9 P 9
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.
Ste{�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 (1st) 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 case 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 desires a verbatim record of the proceedings, it may cause such a record to
be made, providing it pays for the record. _
22.7 The time limits in each step of this procedure may be extended by mutual
agreement of the Employer and the Union. ,
•
14
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ARTICLE 2 3. RIGHT OF SUBCONTRACT
• 23.1 The Employer may, at any time durin the duration of this A reement, contract
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 or
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.
�
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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 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
condition of employment whether specifically covered or not specifically covered
by this Agreement. The Union and Employer may, however, mutually agree to
modify any provision of this Agreement.
26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and
rules or regulations regarding the terms and conditions of employment, to the
extent they are inconsistent with this Agreement, are hereby superseded.
ARTICLE 27. MILEAGE - INDEPENDENT SCHOOL DISTRICT NO.625
27.1 Employees of the School District under policy adopted by the Board of Education
may be reimbursed for the use of their automobiles for school business. To be �
eligible for such reimbursement, employees must receive authorization from the
District Mileage Committee utilizing one of the following plans:
PLAN "A" is reimbursed at the current rate approved by the Board 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.
�
16
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ARTICLE 28. DURATION AND PLEDGE
� 28.1 This Agreement shall become effective as of May 1, 1996, except as specifically
provided otherwise in Articles 12 and 13, and shall remain in effect through the
30th day of April, 1999, and continue in effect from year to year thereafter
unless notice to change or to terminate is given in the manner provided in 28.2.
28.2 If either party desires to terminate or modify this Agreement effective as of the
�' date of expiration, the party wishing to modify or terminate the Agreement shall
give written notice to the other party, not more than ninety (90) or less than
sixty (60) calendar days prior to the expiration date, p�ovided that the
Agreement may only be so terminated or modified effective as of the expiration
date.
28.3 In consideration of the terms and conditions of employment established by this
Agreement and the recognition that the Grievance Procedure herein established is
the means by which grievances concerning its application or interpretation may
be peacefully resolved, the parties hereby pledge that during the term of the
Agreement:
28.3.1 The Union and the employees will not engage in, instigate or condone any
concerted action in which employees fail to report for duty, willfully
absent themselves from work, stop work, slow down their work or
absent themselves in whole or part from the full, faithful performance
of their duties of employment.
28.3.2 The Employer will not engage in, instigate or condone any lockout of
� employees.
28.3.3 This constitutes a tentative Agreement between the parties which will
be recommended by the School Board Negotiator, but is subject to the
approval of the Administration of the City, Independent School District
No. 625, and is also subject to ratification by the Association.
The parities 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 OISTRICT NO.625 SHEET METAL WORKERS INTERNATIONAL
ASSOCIATION,L 10
� � � �
Ne otiations/Labor Relation ana�er siness Manager
. ' � I � ' � �
Chair, oar of Education Date
� �
� Date
17
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�
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APPENDIX A
• The classes of positions recognized by the Employer as being exclusively
represented by the Union are as follows:
\ Sheet Metal Worker
� Lead Sheet Metal Worker
Apprentice - Sheet Metal Worker
and other classes of positions that may be established by the Employer where the duties
and responsibilities assigned come within the jurisdiction of the Union
•
• A1
APPENDIX B
Tool Box �
Whitney, Small ,
Crescent Wrench or set of Open-end Wrenches
Center Punches �.
Hacksaw Frame
Chisels
Small Hand Tongs
6' Folding Rule
Screwdriver
Scratch Awls
Pliers
Snips, Straight-aviation L and R
Hammers (Tinners)
Dolly Bar
Combination Square
Prick Punch
10' Tape �
Dividers
61 •
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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 Effective
. 4/27/96 4/26/97 4/25/98(1 )
Sheet Metal Worker $31 .55 $32.68 (1�
Lead Sheet Metal Worker $33.30 $34.43 �1>
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 shall be as follows:
Effective Effective Effective
4/27/96 4/26/97 4/25/98
Sheet Metal Worker $24.44 • * *
Lead Sheet Metal Worker $26.12 ' * "
•
C2A. The basic hourly wage rates in this Appendix (C2A) are for compensation
analysis �urposes onlv. These figures represent the portion of the
Appendix C1 rates above specifically allocated to wages. These rates do
N 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 Effective
4 7 4/26/97 4/25/98
Sheet Metal Worker $20.34 " • *
Lead Sheet Metal Worker $22.02 * " *
�1� Note For Appendix C1: The parties agree that for the third year of this Agreement, there will be a
reopener to discuss wages and benefits only. The April 25, 1998 total hourly cost and distribution will be
negotiated at that time.
� The April 26, 1997, hourly rates in Appendices C2, C2A and C3 shall be determined at a later date based
• on the allocation agreed to by the Employer and the Union of the April 26, 1997, total hourly cost stated
in Appendix Ct.
'� The April 25, 1998, hourly rates in Appendices C2, C2A and C3 shall be determined at a later date based
on the allocation agreed top by the Employer and the Union of the April 28, 1998, total hourly cost
determined for the third year wage reopener.
� C1
APPENDIX C (continued)
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:
r
Effective Effective Effective
4 27 6 4/2 97 4/25/98
♦
Sheet Metal Worker $23.54 * • "
Lead Sheet Metal Worker $25.29 * i �
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.
C4. The basic hourly wage rates for the Apprentice class of positions are as follows:
This Section is held open for the addition of appropriate Apprentice rates in the
event the Employer initiates the employment of Apprentices.
If the Union elects to have the contributions listed in Appendix D increased or
decreased, the Employer may adjust the rates in Appendix C, Sections C-2
through C-4 in such a way that the total cost of the package (wage rate plus
contributionsj remains constant and does not exceed the amounts shown in
Appendix C, Section C1. •
The total 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 10 and the Twin City Division of the Sheet Metal, Air Conditioning and
Roofing Contractors Association.
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.
In the event Local 10 and any sheet metal contractor affiliated or not affiliated
with the Twin City Division of the Sheet Metal, Air Conditioning and Roofing
Contractors Association and doing business in the seven-county metropolitan area
agree to a total commercial package different from the above total commercial
package and which is less than the above total package, such differences shall be
immediately applicable to the total compensation paid to employees covered by
this Agreement.
,
The April 26, 1997, hourly rates in Appendices C2, C2A and C3 shall be determined at a later date based
on the allocation agreed to by the Employer and the Union of the April 26, 1997, total hourly cost stated
in Appendix Ct.
..
The April 25, 1998, hourly rates in Appendices C2, C2A and C3 shall be determined at a later date
based on the allocation agreed top by the Employer and the Union of the April 26, 1998, total hourly cost
determined for the third year wage reopener.
C2 �
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APPENDIX D
• Effective May 1, 1996, the Employer shall forward the amounts designated in this
Appendix D for employees covered by this Agreement to depositories as directed by the
Union and agreed to by the Employer:
1 . $2.10 per hour for all hours worked from which all appropriate payroll
� deductions have been made to a Union-designated Vacation Fund. This �ayment
shall only be made for regular employees naid at the Aa�?endix C2 rate.
2. $2.00 per hour for all hours worked from which all appropriate payroll
deductions have been made to a Union-designated School District Holiday Fund.
This 2aXment shall only be made for regular employees �aid at the A endix
C2 rate•
3. $2.76 per hour for all hours worked to a Union-designated Health and
Welfare Fund.
4. $1.45 per hour for all hours worked to a Union-designated Local Pension
Fund.
5. $1.50 per hour for all hours worked to a Union-designated National Pension
Fund•
6. $.01 per hour for all hours worked to a Union-designated Scholarshin Fund.
� 7. $.02 per hour for all hours worked to a Union-designated SMOHI Asbestos
Screening Fund.
8. $.27 per hour for all hours worked to a Union-designated Journeyman and
9�orenticeshi r i i g Funds.
9. For temporary employees paid at the Appendix C3 rate; forward 2.1 per
hour for all hours worked from which all appropriate payroll deductions
have been made to a Union-designated Vacation Fund and $2.00 per hour for
all hours worked to a Union-designated Su�qlemental Pension Fund.
The Employer shall make legally established non-negotiated pension
contributions to PERA � 4.48% of the applicable hourly rates noted in
Appendix C.
All contributions made in accordance with this Appendix D shall be deducted from and are
not in addition to the amounts shown in Appendix 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.
, D1
APPENDIX D (continued)
Employees covered by this Agreement shall not be eligible for, governed by or •
accumulate vacation, sick leave, holiday, funeral leave, jury duty or insurance fringe
benefits that are or may be established by Personnel Rules Council Ordinance or Council
Resolutions.
The Employer's fringe benefit obligation to employees covered by this Agreement is �
limited to the contributions and/or deductions established by this Agreement. The actual
level of benefits provided to employees shall be the responsibility of the Trustees of the
various funds to which the Employer has forwarded contributions and/or deductions.
�
D2 •
. �I� - � 35�
� INDEX
ARTICLE TITLE PA E
Preamble............................................................................................ v
.
1 . Purpose.............................................................................................. 1
2. Recognition......................................................................................... 1
3. Employer Rights................................................................................. 1
4. Union Rights....................................................................................... 2
5. Scope of 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 Sheet Metal Worker................................................ 7
15. Holidays.............................................................................................. 8
16. Disciplinary Procedures.................................................................... 1 0
� 17. Absences From Work.......................................................................... 1 0
' 18. Seniority............................................................................................ 11
19. Jurisdiction........................................................................................ 12
20. Separation.......................................................................................... 1 2
21 . Tools................................................................................................... 1 2
22. Grievance Procedure.......................................................................... 1 3
23. Right of Subcontract........................................................................... 1 5
24. Non-Discrimination........................................................................... 15
25. Severability....................................................................................... 15
26. Waiver................................................................................................ 16
27. Mileage - Independent School District No. 625................................. 1 6
28. Duration and Pledge............................................................................ 1 7
AppendixA.......................................................................................... A1
AppendixB.......................................................................................... B 1
AppendixC.................................................................................... C1-C2
AppendixD.................................................................................... D 1 -D 2
•
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iv
�� - 135�
• PREAMBLE
� This Agreement is entered into between Independent School District No. 625,
hereinafter referred to as the Employer, and the Sheet Metal Workers International
� Association Local 10, hereinafter referred to as the Union.
The Employer and the Union concur that this Agreement has as its objective the
promotion of the responsibilities of the Independent School District No. 625 for the
benefit of the general public through effective labor-management cooperation.
The Employer and the Union both realize that this goal depends not only on the
words in the Agreement but rather primarily on attitudes between people at all levels of
responsibility. Constructive attitudes of the Employer, the Union, and the individual
employees will best serve the needs of the general public.
�
•
v
•
INTENTIONALLY BLANK
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•
q(� - � 35�
ARTICLE 1 . PURP06E
• 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-2352 dated December 7, 1989.
2.2 The classes of positions recognized as being exclusively represented by the Union
are as listed in Appendix A.
ARTICLE 3. EMPLOYER RIGHTS
3.1 The Employer retains the right to operate and manage all manpower, facilities,
and equipment; to establish functions and programs; to set and amend budgets; to
determine the utilization of technology; to establish and modify the organizational
structure; to select, direct, and determine the number of personnel; and to
perform any inherent managerial function not specifically limited by this
� Agreement
3.2 Any "term or condition of employment" not established by this Agreement shall
� remain with the Employer to eliminate, modify or establish following written
notification to the Union.
•
1
ARTICLE 4. UNION RIGHTS
4.1 The Em lo er shall deduct from the wa es of em lo ees who authorize such a •
P Y 9 P Y
deduction in writing an amount necessary to cover monthly Union dues. Such �
monies deducted shall be remitted as directed by the Union.
4.1 .1 The Employer shall not deduct dues from the wages of employees covered ,
by this Agreement for any other labor organization.
4.1 .2 The Union shall indemnify and save harmless the Employer from any and
all claims or charges made against the Employer as a result of the
implementation of this Article.
4.2 The Union may designate one (1) employee from the bargaining unit to act as a
Steward and shall inform the Employer in writing of such designation. Such
employee shall have the 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 designated representative shall be permitted to enter the
facilities of the Employer where employees covered by this Agreement are
working.
ARTICLE 5. SOOPE OF THE AGREEMEM'
�
5.1 This Agreement establishes the "terms and conditions of employmenY' defined by
Minnesota Statute § 179.63, Subdivision 18, for all employees exclusively
represented by the Union. This Agreement shall supersede such "terms and
conditions of employmenY' established by Civil Service Rule, Council Ordinance,
and Council Resolution.
i
2
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ARTICLE 6. PROBATIONARY PERIODS
� 6.1 All ersonnel, ori inall hired or rehired followin se aration in a re ular
P 9 Y 9 P 9
employment status shall serve a six (6)-month probationary period during
" which time the employee's fitness and ability to perform the class of positions'
duties and responsibilities shall be evaluated.
� 6.1 .1 At any time during the probationary period an employee may be
terminated at the discretion of the Employer without appeal to the
provisions of Article 22 (Grievance Procedure).
6.1 .2 An employee terminated during the probationary period shall receive a
written notice of the reason(s) for such termination, a copy of which
shall be sent to the Union.
6.2 All personnel promoted to a higher class of positions shall serve a six (6) month
promotional probationary period during which time the employee's fitness and
ability to perform the class of positions' duties and responsibilities shall be
evaluated.
6.2.1 At any time during the promotional probationary period an employee may
be demoted to the employee's previously-held class of positions at the
discretion of the Employer without appeal to the provisions of Article 22
(Grievance Procedure).
6.2.2 An employee demoted during the promotional probationary period shall be
• returned to the employee's previously-held class of positions and shall
receive a written notice of the reasons for demotion, a copy of which shall
be sent to the Union.
ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The Employer and the Union are in full agreement that the philosophy of
employment and compensation shall be a "cash" hourly wage and "industry"
fringe benefit system.
7.2 The Employer shall compensate employees for all hours worked at the basic
hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages)
and 13 (Fringe Benefits).
7.3 No other compensation or fringe benefit shall be accumulated or earned by an
employee except as specifically provided for in this Agreement.
.
�
3
ARTICLE 8. HOURS OF WORK
8.1 The normal workday shall be eight (8) consecutive hours per da , excludin a •
Y 9
thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m.
.
8.2 The normal work week shall be five (5) consecutive normal workdays Monday
through Friday.
.
8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment
to establish second and third shifts or a work week of other than Monday through
Friday, the Union agrees to enter into negotiations immediately to establish the
conditions of such shifts and/or work weeks.
8.4 This Section shall not be construed as, and is not a guarantee of, any hours of
work per normal workday or per normal work week.
8.5 All employees shall be at the location designated by their supervisor, ready for
work, at the established starting time and shall remain at an assigned work
location until the end of the established workday unless otherwise directed by
their supervisor.
8.6 All employees are subject to call-back by the Employer as provided by
Article 10 (Call Back).
8.7 Employees reporting for work at the established starting time and for whom no
work is available shall receive pay for two (2) hours, at the basic hourly rate,
unless notification has been given not to report for work prior to leaving home, •
or during the previous workday.
.
�
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�(o - L 35�
ARTICLE 9. OVERTIME
� 9.1 All overtime com ensated for b the Em lo er must receive rior authorization
P Y P Y P
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, and
9.2.2 Time worked on a sixth (6th) day following the 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 the normal work week; and
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 purposes of calculating overtime compensation, overtime hours worked
shall not be "pyramided," compounded or paid twice for the same hours worked
� (except for the amount specified in Appendix D (3), National Pension Fund). All
contributions for the National Pension Fund (Appendix D (3) for each employee
covered by this Agreement shall be compensated based on hours p�i�. and not
hours worked: such that hours paid at time and one-half shall receive
contributions at 1.5 times the rate specified in Appendix D (3), and two (2)
times the rate specified in Appendix D (3) for double time hours paid
9.5 Overtime hours worked as provided by this Article shall be paid in cash or in
compensatory time as determined by the Employer.
•
�
5
ARTICLE 10. CALL BACK
10.1 The Employer retains the right to call back emplo ees before an em lo ee has �
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' 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
1 1 .1 Employees shall report to work location as assigned by a designated Employer
supervisor. During the normal workday, employees may be assigned to other
work locations at the discretion of the Employer.
1 1 .2 Employees assigned to work locations during the normal workday other than their �'
original assignment, and who are required to furnish their own transportation,
shall be compensated for mileage, as set forth in Article 27 (Mileage).
ARTICLE 12. WA�GES
12.1 The basic hourly wage rates as established by Appendix C shall be paid for all
hours worked by an employee covered by this Agreement.
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
q� � (35g
ARTICLE 13. FRINGE BENEFITS
� 13.1 The Em lo er shall make contributions on behalf of and/or make deductions from
P Y
the wages of participating employees as defined by Article 12.2 and 12.3 covered
� by this Agreement in accordance with Appendix D for all hours worked.
13.2 Effective May 1, 1986 temporary, probationary, and regular employees shall be
� eligible for a paid holiday for Labor Day, the first Monday in September.
13.3 The Employer will for the period of this Agreement provide, for those employees
who were eligible for the Employer's health and welfare plan and who have
retired since February 1, 1975, 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 13.4
the employee must:
13.3.1 Be receiving benefits from a public employee retiree act at the time of
retirement.
13.3.2 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.
� 13.3.3 Inform the Human Resource Department of Independent School District
No. 625 �i Office of Human Resources - City of Saint Paul in writing
within sixty (60) days of employee's early retirement date that he or
she wished to be eligible for early retiree insurance benefits.
13.4 An employee who retires at age sixty-five (65) or later and who meet the
criteria in 13.3 or for early retirees who qualified under 13.3 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 SHEET METAL WORKER
14.1 The selection of personnel for the class of position Lead Sheet Metal Worker shall
remain solely with the Employer.
, 14.2 The class of position Lead Sheet Metal Worker 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 unpaid holidays (except Labor �
Day as noted in Article 13.2):
.
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.
* Paid holiday for regular, probationary, and temporary employees.
15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the
following shall be considered the designated holiday. When any of these three (3)
holidays falls on a Saturday, the preceding Friday shall be considered the
designated holiday.
15.3 The ten (10) holidays shall be considered non-workdays.
15.4 If, in the judgment of the Employer, personnel are necessary for operating or �
emergency reasons, employees may be scheduled or "called back" in accordance
with Article 10 (Call Back).
15.5 �mployees working on the holidays listed below shall be paid on a straight-time
basis:
Martin Luther King, Jr. Day
Presidents' Day
Columbus Day
Veterans' Day.
15.6 Employees working on the holidays listed below shall be paid at the rate of two
(2) times the basic hourly rate for all hours worked:
New Year's Day
Memorial Day
Independence Day -
Thanksgiving Day
Christmas Day
, �
8
q� - (35S
ARTICLE 15. HOLIDAYS (continued)
� 15.7 Employees working on Labor Day shall be recompensed for work done on this day
by being granted compensatory time on a time and one-half basis or by being paid
on a time and one-half basis for such hours worked, in addition to the regular
� holiday pay.
In order to be eligible for a holiday with pay, an employee's name must appear on
� the payroll on any six working days of the nine working days preceding the
holiday; or an employee's name must appear on the payroll the last working day
before the holiday and on three other working days of the nine working days
preceding the holiday. In neither case shall the holiday be counted as a working
day.
15.8 When Martin Luther King, Jr. Day, President's Day, Columbus Day or Veterans'
Day falls on a day when school is in session, the employees shall work that day at
straight time and another day shall be designated as the holiday. This designated
holiday shall be a day on which school is not in session and shall be determined by
agreement between the employee and the supervisor.
15.9 Notwithstanding Article 15.1 and 15.5 above, the Employer may at any time
during the life of this Agreement designate the day after Thanksgiving as a paid
holiday. In the event of such designation, either Martin Luther King, Jr. Day,
Presidents' Day, Columbus Day, or Veterans' Day shall be deleted from the paid
holidays list as set forth in Article 15.1.
•
•
9
ARTICLE 16. DISCIPLINARY PROCEDURES
16.1 The Employer shall have the ri ht to impose disciplina actions on em lo ees �
9 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 retain all rights under
Minnesota Statute § 179A.20, Subd. 4, and thereby shall have the right to
request that such actions be considered a "grievance" for the purpose of
processing through the provisions of Article 22 (Grievance Procedure). Once an
employee or the Union in the employee's behalf initiates review of an action, that
matter shall not again be reviewed in another forum. Oral reprimands shall not
be subject to the grievance review process.
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.
•
10
�� - c 358
ARTICLE 18. SENIORITY
� 18.1 Effective May 1, 1993, for the purpose of this Article, the following terms shall
.
be defined as follows:
18.1 .1 The term, "Employer," shall mean Independent School District No. 625,
Saint Paul Public Schools.
18.1 .2 The term, "Master Seniority," shall mean the length of continuous
regular and probationary service with the Employer from the date an
employee was first appointed to any class title with the Employer
covered by this Agreement.
18.1 .3 The term, "Class Seniority" shall mean the length of continuous regular
and probationary service with the Employer from the date an employee
was first appointed to a position with the Employer in a class title
covered by this Agreement.
This Section 18.1.3 is intended to mean that on or after May 1, 1993, an
employee who is newly hired to the Employer (District), no matter what
the person's prior experience or how hired by the District, will have
his/her class seniority start at zero on the day of appointment to a
School District position in that title and seniority will begin to be
calculated from that date. An employee's Class Seniority does not revert
to zero following recall from an Employer initiated layoff within the 24
month recall rights period specified in 18.4. This definition of class
� seniority will be used for all layoff decisions.
18.2 Seniority shall not accumulate during an unpaid leave of absence, except when
such a leave is granted for a period of less than thirty (30) calendar days; is
granted because of illness or injury; is granted to allow an employee to accept an
appointment to the unclassified service of the Employer or to an elected or
appointed full-time position with the Union.
18.3 Seniority shall terminate when an employee retires, resigns or is discharged.
18.4 In the event it is determined by the Employer that it is necessary to reduce the
workforce, employees will be laid off by class title within each Department based
on inverse length of "Class Seniority." Employees laid off by the Employer shall
have the right to reinstatement in any lower-paid class title previously held
which is covered by this Agreement, provided the employee has greater "Class
Seniority" than the employee being replaced. Recall from layoff shall be in
inverse order of layoff, except that recall rights shall expire after 24 months
from the last day of work preceding the layoff. No other Civil Service recall
rights to this Employer shall apply. This provision does not address any rights
the employee may have to be recalled to any other employer.
� 18.5 The selection of vacation periods shall be made by class title based on length of
"Class Seniority," subject to the approval of the Employer.
•
11
ARTICLE 19. JURISDICTION
19.1 Disputes concerning work jurisdiction between and among unions is recognized as �
an appropriate subject for determination by the various unions representing
employees of the Employer. '
19.2 The Employer agrees to be guided in the assignment of work jurisdiction by 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 2 0. SEPARATION �
20.1 Employees having a probationary or regular employment status shall be
considered separated from employment based on the following actions:
20.1 .1 Resi nation. Employees resigning from employment shall give written
notice fourteen (14) calendar days prior to the effective
date of the resignation.
20.1 .2 Discharae. As provided in Article 16.
20.1 .3 Failure to Report for DutX. As provided in Article 17.
20.2 Employees having a temporary employment status may be terminated at the
discretion of the Employer before the completion of a normal workday.
ARTICLE 21 . TOOL.S
21 .1 All employees shall personally provide themselves with the tools of the trade as
listed in Appendix B. '
•
12
q�- i �5�
ARTICLE 22. GRIEVANCE PROCEDURE
� 22.1 The Employer shall recognize Stewards selected in accordance with Union rules
and regulations as the grievance representative of the bargaining unit. The
UNION shall notify the Employer in writing of the names of the Stewards and of
their successors when so named.
22.2 It is recognized and accepted by the Employer and the Union that the processing of
grievances as hereinafter provided is limited by the job duties and
responsibilities of the employees and shall therefore be accomplished during
working hours only when consistent with such employee duties and
responsibilities. The Steward involved and a grieving employee shall suffer no
loss in pay when a grievance is processed during working hours, provided the
Steward and the employee have notified and received the approval of their
supervisor to be absent to process a grievance and that such absence would not be
detrimental to the work programs of the Employer.
22.3 The procedure established by this Article shall, except as previously noted in
Article 16 (Disciplinary Procedures), be the sole and exclusive procedure, for
the processing of grievances, which are defined as an alleged violation of the
terms and conditions of this Agreement.
22.4 Grievances shall be resolved in conformance with the following procedure:
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.
Step 2. Within seven (7) calendar days after receiving the written grievance,
a designated Employer supervisor shall meet with the Union Steward
and attempt to resolve the grievance. If, as a result of this meeting,
the grievance remains unresolved, the Employer shall reply in
writing to the Union within three (3) calendar days following this
meeting. The Union may refer the grievance in writing to Step 3
within seven (7) calendar days following receipt of the Employer's
written answer. Any grievance not referred in writing by the Union
, within seven (7) calendar days following receipt of the Employer's
answer shall be considered waived.
.
13
ARTICLE 22. GRIEVANCE PROCEDURE (continued)
Within seven 7 calendar da s followin recei t of a rievance •
Ste,{�3• ( ) Y 9 P 9
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.
Ste�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 (1st) 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 case 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 desires a verbatim record of the proceedings, it may cause such a record to
be made, providing it pays for the record. ,
22.7 The time limits in each step of this procedure may be extended by mutual
agreement of the Employer and the Union. _
�
14
�(� - 1 �5�
ARTICLE 2 3. RIGHT OF SUBCONTRACT
� 23.1 The Employer may, at any time during the duration of this Agreement, contract
out work done by the employees covered by this Agreement. In the event that
� such contracting would result in a reduction of the workforce covered by this
Agreement, the Employer shall give the Union a ninety (90) calendar day notice
of the intention to subcontract.
23.2 The subcontracting of work done by the employees covered by this Agreement
shall in all cases be made only to employers who qualify in accordance with
Ordinance No. 14013.
ARTICLE 24. NON-DISCRIMINATION
24.1 The terms and conditions of this Agreement will be applied to employees equally
without regard to or discrimination for or against, any individual because or
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.
�
15
ARTICLE 26. WAIVER
26.1 The Employer and the Union acknowledge that during the meeting and negotiatin �
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
condition of employment whether specifically covered or not specifically covered
by this Agreement. The Union and Employer may, however, mutually agree to
modify any provision of this Agreement.
26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and
rules or regulations regarding the terms and conditions of employment, to the
extent they are inconsistent with this Agreement, are hereby superseded.
ARTICLE 27. MILEAGE - INDEPENDENT SCHOOL DISTRICT NO.625
27.1 Employees of the School District under policy adopted by the Board of Education
may be reimbursed for the use of their automobiles for school business. To be �
eligible for such reimbursement, employees must receive authorization from the
District Mileage Committee utilizing one of the following plans:
PLAN "A" is reimbursed at the current rate approved by the Board 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.
�
16
q(�- 1 �58
ARTICLE 2 8. DURATION AND PLEDGE
� 28.1 This Agreement shall become effective as of May 1, 1996, except as specifically
provided otherwise in Articles 12 and 13, and shall remain in effect through the
30th day of April, 1999, and continue in effect f�om year to year thereafter
� unless notice to change or to terminate is given in the manner provided in 28.2.
28.2 If either party desires to terminate or modify this Agreement effective as of the
� date of expiration, the party wishing to modify or terminate the Agreement shall
give written notice to the other party, not mo�e than ninety (90) or less than
sixty (60) calendar days prior to the expiration date, provided that the
Agreement may only be so terminated or modified effective as of the expiration
date.
28.3 In consideration of the terms and conditions of employment established by this
Agreement and the recognition that the Grievance Procedure herein established is
the means by which grievances concerning its application or interpretation may
be peacefully resolved, the parties hereby pledge that during the term of the
Agreement:
28.3.1 The Union and the employees will not engage in, instigate or condone any
concerted action in which employees fail to report for duty, willfully
absent themselves from work, stop work, slow down their work or
absent themselves in whole or part from the full, faithful performance
of their duties of employment.
28.3.2 The Employer will not engage in, instigate or condone any lockout of
� employees.
28.3.3 This constitutes a tentative Agreement between the parties which will
be recommended by the School Board Negotiator, but is subject to the
approval of the Administration of the City, Independent School District
No. 625, and is also subject to ratification by the Association.
The parities 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 SHEET METAL WORKERS INTERNATIONAL
ASSOCIATION,L 10
/ f � f
/
Ne otiations/Labor Relation ana�er iness Manager
. � �_ ( � ` �
Chair, oar of Education Date �
_,
� �
� Date
17
�
�
INTENTIONALLY BLANK
�
�.
•
q�- �35�
APPENDIX A
• The classes of positions recognized b the Em lo er as bein exclusivel
Y P Y 9 Y
represented by the Union are as follows:
Sheet Metal Worker
_ Lead Sheet Metal Worker
Apprentice - Sheet Metal Worker
and other classes of positions that may be established by the Employer where the duties
and responsibilities assigned come within the jurisdiction of the Union
�
• A1
APPENDIX B
Tool Box �
Whitney, Small ,
Crescent Wrench or set of Open-end Wrenches
Center Punches _
Hacksaw Frame
Chisels
Small Hand Tongs
6' Folding Rule
Screwdriver
Scratch Awls
Pliers
Snips, Straight-aviation L and R
Hammers (Tinners)
Dolly Bar
Combination Square
Prick Punch
10' Tape �
Dividers
B1 •
�i�-��.���
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 Effective
� 4/27/96 4/26/97 4/25/98�� �
Sheet Metal Worker $31 .55 $32.68 ���
Lead Sheet Metal Worker $33.30 $34.43 �1>
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 shall be as follows:
Effective Effective Effective
4/27/96 4/26/97 4/25/98
Sheet Metal Worker $24.44 * * *
Lead Sheet Metal Worker $26.12 ` * *
�
C2A. The basic hourly wage rates in this Appendix (C2A) are for compensation
analysis �ur o° ses onlv. These figures represent the portion of the
Appendix C1 rates above specifically allocated to wages. These rates do
N 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 Effective
4/27/96 4 2 / 7 4/25/98
Sheet Metal Worker $20.34 * * *
Lead Sheet Metal Worker $22.02 ' * *
��� Note For Appendix C1: The parties agree that for the third year of this Agreement, there will be a
reopener to discuss wages and benefits only. The April 25, 1998 total hourly cost and distribution will be
negotiated at that time.
' The April 26, 1997, hourly rates in Appendices C2, C2A and C3 shall be determined at a later date based
� on the allocation agreed to by the Employer and the Union of the April 26, 1997, total hourly cost stated
in Appendix C1.
�� The April 25, 1998, hourly rates in Appendices C2, C2A and C3 shall be determined at a later date based
J on the allocation agreed top by the Employer and the Union of the April 28, 1998, total hourly cost
determined for the third year wage reopener.
� C1
APPENDIX C (continued)
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 Effective
4/27/96 4/26/97 4/25/98
a
Sheet Metal Worker $23.54 * * *
Lead Sheet Metal Worker $25.29 � * �
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.
C4. The basic hourly wage rates for the Apprentice class of positions are as follows:
This Section is held open for the addition of appropriate Apprentice rates in the
event the Employer initiates the employment of Apprentices.
If the Union elects to have the contributions listed in Appendix D increased or
decreased, the Employer may adjust the rates in Appendix C, Sections C-2
through C-4 in such a way that the total cost of the package (wage rate plus
contributions) remains constant and does not exceed the amounts shown in
Appendix C, Section C1. •
The total 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 10 and the Twin City Division of the Sheet Metal, Air Conditioning and
Roofing Contractors Association.
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.
In the event Local 10 and any sheet metal contractor affiliated or not affiliated
with the Twin City Division of the Sheet Metal, Air Conditioning and Roofing
Contractors Association and doing business in the seven-county metropolitan area
agree to a total commercial package different from the above total commercial
package and which is less than the above total package, such differences shall be
immediately applicable to the total compensation paid to employees covered by
this Agreement.
.
The April 26, 1997, hourly rates in Appendices C2. C2A and C3 shall be determined at a later date based
on the allocation agreed to by the Employer and the Union of the April 26, 1997, total hourly cost stated ^
in Appendix Ci.
•w
The April 25, 1998, hourly rates in Appendices C2, C2A and C3 shall be determined at a later date
based on the allocation agreed top by the Employer and the Union of the April 28, 1998, total hourly cost 4
determined for the third year wage reopener.
C2 �
��- I 3��
APPENDIX D
� Effective May 1, 1996, the Emplo er shall forward the amounts desi nated in this
Y 9
Appendix D for employees covered by this Agreement to depositories as directed by the
� Union and agreed to by the Employer:
1 . $2.10 per hour for all hours worked from which all appropriate payroll
�' deductions have been made to a Union-designated Vacation Fund. Thi�p�yment
shall only be made for regular em I�oyees paid at the A��endix C2 rate.
2. $2.00 per hour for all hours worked from which all appropriate payroll
deductions have been made to a Union-designated �chool District Holiday Fund.
This �ayment shall only be made for regular em 12oyees paid at the A� ep ndix
2 ra .
3. $2.76 per hour for all hours worked to a Union-designated Health and
Welfare Fund.
4. $1.45 per hour for all hours worked to a Union-designated Local Pension
Fund•
5. $1.50 per hour for all hours worked to a Union-designated National Pension
Fund•
6. $.01 per hour for all hours worked to a Union-designated Scholarshi und.
• 7. $.02 per hour for all hours worked to a Union-designated SMOHI Asbestos
Screening Fund.
8. $.27 per hour for all hours worked to a Union-designated Journeyman and
AR�renticeshi� Training Funds.
9. For temporary employees paid at the Appendix C3 rate; forward 2.1 per
hour for all hours worked from which all appropriate payroll deductions
have been made to a Union-designated Vacation Fund and $2.00 per hour for
all hours worked to a Union-designated SuR�lemental Pension Fund.
The Employer shall make legally established non-negotiated pension
contributions to PERA � 4.48% of the applicable hourly rates noted in
Appendix C.
All contributions made in accordance with this Appendix D shall be deducted from and are
not in addition to the amounts shown in Appendix 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.
�
• D1
APPENDIX D (continued)
Employees covered by this Agreement shall not be eligible for, governed by or �
accumulate vacation, sick leave, holiday, funeral leave, jury duty or insurance fringe
benefits that are or may be established by Personnel Rules Council Ordinance or Council �
Resolutions.
The Employer's fringe benefit obligation to employees covered by this Agreement is '�
limited to the contributions and/or deductions established by this Agreement. The actual
level of benefits provided to employees shall be the responsibility of the Trustees of the
various funds to which the Employer has forwarded contributions and/or deductions.
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D2 •