96-1142 Council File# �.
Q � t �i �A L Green Sheet# 35793
SO ION
O S IN AUL, MINNESOTA ��
Presented by
Referred To Committee Date
1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
2 May 1, 1996 through April 30, 1999 Maintenance Labor Agreement between the Independent School
3 District No. 625 and the United Association Pipefitters Local Union No. 455.
Yeas Na s Absent Requested by Department of:
Blakey ✓ Office of Labor Relations
Bostrom �
Guerin �� /�,
Harris ./ By' � (�.�� � .�
Megard ./
Rettman Form Appro d by C' ey
Thune By. �. O� � Ql�
Adopted by CounciL• Date��,� . �S_��q (� Approved by Mayor for Su mission to Council
Adoption ertified by Council Secretary By:
By: � �► �
Approved by Mayor: Date ' L�
By: �, ,
� '�
��I// �,/ ' �
DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET NO.: 35793 �
LABOR RELATIONS September 3, 1996 �
CONTACT PERSON&PHONE: p INITIAL/DATE INITIAL/DATE
MARY H. KEARNEY 266-6495 ASSIGN 1 DEPARTMENT DIR. � 4 CITY COUNCIL
NUMBER 2 CITY ATTORNEY CITY CLERK
MUST BE ON COLINCIL ACENDA BY(DATE) FOR BUDGET DIR. FIN.&MGT.SERVICE DIR.
ROUTING 3 MAYOR(OR ASST.)
ORDER
TOTAL#OF SIGNATLJRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
ac�r�oN REQuESTEn: This resolution approves the attached May l, 1996 through April 30, 1999 Maintenance Labor
Agreement between the Independent School District No. 625 and the Unite��,��ion Pipefitters Local Union
No. 455.
S EP 0 6 19�6
RECOMMENDATIONS:Approve(A)or Reject(R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING
QUESTIONS:
PLANNING COMMISSION _CIVIL SERVICE COMMISSION 1. Has this person/firm ever worked under a contract for this department?
CIB COMMI7"TEE Yes No
STAFF 2. Has this person/firm ever been a city employee?
DISTRICT COURT Yes No
SUPPORTS WHICH COIJNCIL OBJEC'fIVE? 3. Does this person/firm possess a skill not normally possessed by any current city
• employee? Yes No
Explsin all yes answers on separate shpet and attach to green sheet
INITIATINC PROBLEM,1SSL1E,OPPORTUNITY(VVho,What,When,Where,Why):
See Attached.
Cpq�iC� A���t'�h ClK1ti�
ADVANTAGES IF APPROVED:
See attached. This Agreeme�t pertains to Board of Education employees only. F �
'�..��.m�---.
DISADVANTACES IF APPROVED: NO11E.
REC�sv�D
SEP 0 5 �99�
DISADVANTAGES IF NOT APPROVED:
TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED:
FUNDING SOURCE: ACTIV(TY NUMBER:
FINANCIAL INFORMATION:(EXPLAIN)
NOTE: COMPLETE DIRECTIONS ARE iNCLUDED IN THE GREEN SHEET INSTRUCTIONAL MANUAL AVAILABLE IN THE
PURCHASING OFFICE(PHONE NO.266-8900).
ROUTING ORDER:
Beloti�are correct routings for the five most frequent types of documenu:
CONTRACTS(assumes authorized budget exists) COUNCIL RESOLUTION(Amend Budgets/Accept.Grants)
l. Outside Agency I. Department Director
2. Department Director 2. Budget Director
3. Ciry Attorney 3. City Attomey
4. Mayor(for contracts over$i 5,000) 4. Mayor/Assistant
S. Human Rights(for contracts over$50,000) S. Ciry Council
6. Finance and Management Services Director 6. Chief Accountant,Finance and Management Services
�. Finance Accounting �
ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION(all others,and Ordinances)
1. Activity Manager 1. Department Director
2. Department Accountant 2. City Attomey
3. Department Director 3. Mayor/Assistant
4. Budget Director 4. Ciry Council
5. Ciry Clerk
6. Chief Accountant. Finance and Management Services
ADMINISTRA7'1VE ORDERS(all others)
l. Department Director
2. City Attorney
3. Finance and Management Services Director
4. Cit��Clerk
TOTAL NUMBER OF SIGNATURE PAGES
Indicate the�of pages on H�hich signatures are required and paperclip or flAg each of these pages.
ACTION REQUESTED
Describe w•hat the project/request seeks to accomplish in either chronological order or order of importance.whichever is most appropriate for the
issue. Do not ti•rite complete sentences. Begin each item in your list with a verb.
RECOMMENDATIONS
Complete if the issue in question has been presented before any body,public or private.
SUPPOR7'S VVHICH COUNCIL OBJECTIVE?
Indicate N�hich council objective(s)your project/request supports b}•listing the key word(s)(HOUSING.RECREATION,NEIGHBORHOODS,
ECONOMIC DEVELOPMENT.BUDGET,SEWER SEPARATION). (SEE COMPLETE LIST IN INS7'RUCTIONAL MANUAL.)
PERSONAL SERVICE CONTRACTS:
This information will be used to determine the city's liabiliry for workers compensation claims,taxes and proper civil service hiring rules.
INITIATING PROBLEM,1SSUE,OPPORTUNITY
Explain the situation or conditions that created a need for your project or request.
ADVAN'TAGES IF APPROVED
lndicate whether this is simpl;•an annual budget procedure required by law/charter or whether there are specific ways in which the City of Saint Paul
and its citizens u�ill benefit from this project/action.
DISADVANTAGES 1F APPROVED
What negative effects or major changes to existing or past processes might this project/request produce if it is passed(e.g.,traffic delays,noise,tax
increases or assessments)? '1"o Whom? When? For how long?
DISADVAN7'AGES IF NOT APPROVED
What w�ill be the negative consequences if the promised action is not approved? Inabiliry to deliver service? Continued high traftic.noise,accident
rate? Loss of revenue?
FINANCIAL IMPAC7'
Although you must tailor the information you provide here to the issue you are addressing,in general you must answer two questions: How much is
it going to cost? Who is going to pay?
9� -ii��
INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION
ST. PAUL PUBLIC SCHOOLS
DATE: June 18, 1996
TOPIC: Approval of an employment agreement with United Association Pipefitters
Local No. 455
A. PERTINENT FACTS:
1) New Agreement is for the three-year period from 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:
Holidavs: The language will be revised to provide double time for call-in work performed
on Martin Luther King or Presidents' Day holidays when school is not in session.
Employees who are offered prescheduled work on these days and who accept, will
continue to be paid at the straight-time rate.
Milea°e: The language will be changed to read. "the current Board rate 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 $1.12/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 seven 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 School District No. 625 approve and adopt the Agreement
concerning the terms and conditions of employment of those employees in this school district for
whom United Association Pipefitters Local Union No. 455, is the exclusive representative;
duration of said Agreement is for the period of May 1, 1996 through April 30, 1999.
��.� - + ���.
� INDEX
.-
RTI TITLE PAGE
:
Preamble...................................................................................... v
1 . Purpose........................................................................................ 1
2. Recognition..................................................:................................ 1
3. Employer Rights........................................................................... 1
4. Union Rights................................................................................. 2
5. Scope of the Agreement................................................................. 2
6. Probationary Periods................................................................... 3
7. Philosophy of Employment and Compensation............................. 3
8. Hours of Work.............................................................................. 4
9. Overtime....................................................................................... 5
10. Call Back....................................................................................... 5
1 1 . Work Location.............................................................................. 6
12. Wages .......................................................................................... 6
13. Fringe Benefits............................................................................. 7
14. Selection of Lead Pipefitter and Master Pipefitter...................... 7
� 15. Holidays........................................................................................ 8
16. Disciplinary Procedures.............................................................. 9
17. Absences from Work.................................................................... 9
18 Seniority...................................................................................... 10
19. Jurisdiction.................................................................................. 11
20. Separation.................................................................................... 1 1
21 . Tools .......................................................................................... 11
22. Grievance Procedure.................................................................... 1 2
23. Right of Subcontract..................................................................... 1 4
24. Non-Discrimination..................................................................... 14
25. Severability................................................................................. 14
26. Waiver.......................................................................................... 15
27. Mileage - Independent School District No. 625........................... 1 5
28. Duration and Pledge...................................................................... 1 7
AppendixA................................................................................... A1
AppendixB................................................................................... B 1
AppendixC................................................................................... C 1-C3
, Appendix D................................................................................... D1
�
iii
�� p � ���
� PREAMBLE
.-
This Agreement is entered into between Independent School District No. 625,
; hereinafter referred to as the Employer, and the United Association Pipefitters Local
Union No. 455, 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
�
�
:
�
�'4i ' � � r�cX.
ARTICLE 1. PURPOSE �
� 1 .1 The Employer and the Union agree that the purpose for entering into this
.-
Agreement is to:
1 .1 .1 Achieve 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
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 26 (Severability).
ARTICLE 2. RECOGNITION
�
2.1 The Employer recognizes the Union as the exclusive representative for collective
bargaining purposes for all personnel having an employment status of regular,
probationary, and temporary employed in the classes of positions defined in 2.2
as certified by the Bureau of Mediation Services in accordance with Case
No. 90-PCL-3066 dated November 22, 1989.
2.2 The classes of positions recognized as being exclusively represented by the Union
are as listed in Appendix A.
ARTICLE 3. EMPLOYER RIGHTS
3.1 The Employer retains the right to operate and manage all manpower, facilities,
and equipment; to establish functions and programs; to set and amend budgets; to
determine the utilization of technology; to establish and modify the organizational
structure; to select, direct, and determine the number of personnel; and to
' perform any inherent managerial function not specifically limited by this
Agreement.
� 3.2 Any "term or condition of employmenY' not established by this Agreement shall
� remain with the Employer to eliminate, modify or establish following written
notification to the Union.
1
ARTICLE 4. UNION RIGHTS
4.1 The Employer shall deduct from the wages of employees who authorize such a �
deduction in writing an amount necessary to cover monthly Union dues. Such
monies deducted shall be remitted as directed by the Union. �
4.1 .1 The Employer shall not deduct dues from the wages of employees covered -
by this Agreement for any other labor organization. �
4.1 .2 The Union shall indemnify and save harmless the Employer from any
and all claims or charges made against the Employer as a result of the
implementation of this Article.
4.2 The Union may designate one (1) employee from the bargaining unit to act as a
Steward and shall inform the Employer in writing of such designation. Such
Employee shall have the 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 the designated representative shall be permitted to enter the
facilities of the Employer where employees covered by this Agreement are
working.
ARTICLE 5. SCOPE OF THE AGREEMENT �
5.1 This Agreement establishes the "terms and conditions of employment" defined by
Minnesota Statute § 179A.02, Subdivision 19, for all employees exclusively
represented by the Union. This Agreement shall supersede such "terms and
conditions of employmenY' established by Civil Service Rule, Council Ordinance,
and Council Resolution.
�
�
2
� r� � c ���..
ARTICLE 6. PROBATIONARY PERIODS
• 6.1 All personnel, originally hired or rehired following separation, in a regular
employment status shall serve a six (6) month probationary period during
' which time the employee's fitness and ability to perform the class of positions'
duties and responsibilities shall be evaluated.
' 6.1 .1 At any time during the probationary period an employee may be
terminated at the discretion of the Employer without appeal to the
provisions of Article 22 (Grievance Procedure).
6.1 .2 An employee terminated during the probationary period shall receive a
written notice of the reason(s) for such termination, a copy of which
shall be sent to the Union.
6.2 All personnel promoted to a higher class of positions shall serve a six (6) month
promotional probationary period during which time the employee's fitness and
ability to perform the class of positions' duties and responsibilities shall be
evaluated.
6.2.1 At any time during the promotional probationary period an employee
may be demoted to the employee's previously-held class of positions at
the discretion of the Employer without appeal to the provisions of
Article 22 (Grievance Procedure).
6.2.2 An employee demoted during the promotional probationary period shall
� be returned to the employee's previously-held class of positions and
shall receive a written notice of the reasons for demotion, a copy of
which shall be sent to the Union.
ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The Employer and the Union are in full agreement that the philosophy of
employment and compensation shall be a "cash" hourly wage and "industry"
fringe benefit system.
7.2 The Employer shall compensate employees for all hours worked at the basic
hourly wage rate and hourly fringe benefit rate as found in Article 12 (Wages)
and 13 (Fringe Benefits).
7.3 No other compensation or fringe benefit shall be accumulated or earned by an
employee except as specifically provided for in this Agreement.
•
3
ARTICLE 8. HOURS OF WORK �
8.1 The normal workday shall be eight (8) consecutive hours per day, excluding a •
thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m.
_�
8.2 The normal workweek 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 workweek other than Monday through
Friday, the Union agrees to enter into negotiations immediately to establish the
conditions of such shifts and/or workweeks.
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 workweek.
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.
8.8 Stand-bv. Any Refrigeration, Gas and Oil Serviceworker who is required to
be available for emergency service work on weekends and holidays shall be
guaranteed work or wages and fringes equivalent to:
40 minutes for Friday nights
80 minutes for Saturday and Saturday night
80 minutes for Sunday and Sunday night
or
80 minutes for any holiday and holiday night of such 24-hour shift.
All of the above at time and one-half rate. If the employee is called in for work,
the above time shall be a part of, not in addition to, the time worked.
�
4
�� - e t�--��.
ARTICLE 9. OVERTIME �
• 9.1 All overtime compensated for by the Employer must receive prior authorization
from a designated Employer supervisor. No overtime work claim will be honored
' for payment or credit unless approved in advance. An overtime claim will not be
honored, even though shown on the time card, unless the required advance
approval has been obtained.
i
9.2 The rate of one and one-half (1-1/2) the basic hourly rate and fringes shall be
the overtime rate for work performed under the following circumstances:
9.2.1 Time worked in excess of eight (8) hours�in any one normal workday,
arid
9.2.2 Time worked in excess of 40 hours in a seven (7) day period.
9.3 For the purpose of calculating overtime compensation, overtime hours worked
shall not be "pyramided," compounded or paid twice for the same hours worked.
9.4 Overtime hours worked as provided by this Article shall be paid in cash or
compensatory time as determined by the Employer.
� ARTICLE 10. CALL BACK
10.1 The Employer retains the right to call back employees before an employee has
started a normal workday or normal workweek and after an employee has
completed a normal workday or normal workweek.
10.2 Employees called back shall receive a minimum of four (4) hours of pay at the
basic hourly rate.
10.3 The hours worked based on a call-back shall be compensated in accordance with
Article 9 (Overtime), when applicable, and subject to the minimum established
by 10.2 above.
10.4 Employees called back four (4) hours or less, prior to their normal workday
shall complete the normal workday and be compensated only for the overtime
hours worked in accordance with Article 9 (Overtime).
�
5
ARTICLE 11. WORK LOCATION �
1 1 .1 Empioyees 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 provided by Article 27 (Mileage).
ARTICLE 12. WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be paid for all
hours worked by an employee.
12.2 Regular employees shall be compensated in accordance with Article 12.1
(Wages) and have fringe benefit contributions and/or deductions made on their
behalf as provided for by Article 13 (Fringe Benefits).
12.3 Temporary employees shall be compensated in accordance with Article 12.1
(Wages) and have fringe benefit contributions and/or deductions made in their
behalf as provided for by Article 13 (Fringe Benefits). �
�
6
�� � � ���
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 in Article 12.3, 12.4, and 12.5
covered by this Agreement in accordance with Appendix D for all hours worked.
13.2 The Employer will for the period of this Agreement provide, for those employees
' who were "grandfathered" as eligible for the Employer's Health and Welfare
Plan and who have retired since April 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 13.2
and 13.3 the employee must:
13.2.1 Be receiving benefits from a public employee retiree act at the time of
retirement.
13.2.2 Have severed the employment relationship with the City of Saint Paul
and/or Independent School District No. 625 under one of the early
retiree plans.
13.2.3 Inform the Human Resource Department of Independent School District
No. 625 �.p�, Personnel Office of the City of Saint Paul in writing within
� sixty (60) days of employee's early retirement date that he or she
wishes to be eligible for early retiree insurance benefits.
13.3 An employee who retired at age sixty-five (65) or later and who met the criteria
in 13.2, or for early retirees who qualified under 13.2 and have reached age
sixty-five (65) after retirement the Employer will provide payment of
premium for a medicare supplement health coverage policy selected by the
Employer.
ARTICLE 14. SELECTION OF LEAD PIPEFITTER AND MASTER PIPEFITTER
14.1 The selection of personnel for the class of position of Lead Pipefitter and Master
Pipefitter shall remain solely with the Employer.
14.2 The class of position Lead Pipefitter and Master Pipefitter 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: •
New Year's Day, January 1
Martin Luther King, Jr. Day Third Monday in January
Presidents' Day, Third Monday in February �
Memorial Day, Last Monday in May
Independence Day, July 4
Labor Day, First Monday in September
Columbus Day, Second Monday in October
Veterans' Day, November 11
Thanksgiving Day, Fourth Thursday in November
Christmas Day, December 25.
15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the
following Monday shall be considered the designated holiday. When any of these
three (3) holidays falls on a Saturday, the preceding Friday shall be considered
the designated holiday.
15.3 The ten (10) holidays shall be considered non-workdays.
15.4 If, in the judgment of the Employer, personnel are necessary for operating or
emergency reasons, employees may be scheduled or "called back" in accordance
with Article 10 (Call Back).
15.5 Employees called in to work on a designated holiday shall be compensated at the �
rate of two (2) times the basic hourly rate for all hours worked.
15.6 If Martin Luther King, Jr. Day, Presidents' Day, Columbus Day or Veterans' Day
falls on a day when school is in session, the employee shall work that day at
straight time and another day shall be designated as the holiday. This designated
holiday shall be a day determined by agreement between the employee and his
supervisor.
15.7 If Martin Luther King Jr. Day, Presidents' Day, Columbus Day or Veterans' Day
falls on a day when school is � in session, that day will normally be an unpaid
holiday. If the Employer schedules work on such days, employees will be offered
an opportunity to work that day at the straight-time rate and will not be required
to take another day off to replace the holiday. If the employee is called in on such
day, they will be called in accordance with Article 10 and paid as in 15.5.
�
8
!��� - � R�=�
ARTICLE 16. DISCIPLINARY PROCEDURES
• 16.1 The Employer shall have the right to impose disciplinary actions on employees
for just cause.
16.2 Disciplinary actions by the Employer shall include only the following actions:
16.2.1 Oral reprimand;
16.2.2 Written reprimand;
16.2.3 Suspension;
16.2.4 Demotion;
16.2.5 Discharge.
16.3 Employees who are suspended, demoted or discharged shall retain all rights under
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 procedures.
ARTICLE 17. ABSENCES FROM WORK
�
17.1 Employees who are unable to report for their normal workday have the
responsibility to notify their supervisor of such absence as soon as possible, but
in no event later than the beginning of such workday.
17.2 Failure to make such notification may be grounds for discipline as provided in
Article 16 (Disciplinary Procedures).
17.3 Failure to report for work without notification for three (3) consecutive normal
workdays may be considered a "quit" by the Employer on the part of the
employee.
�
9
ARTICLE 18. SENIORITY
18.1 Seniority, for the purposes of this Agreement, shall be defined as follows: •
18.1 .1 "Master Seniority" - The length of continuous regular and �
probationary service with the Employer from the last date of
employment in any and all class titles covered by this Agreement. .
18.1 .2 "Class Seniority" - The length of continuous regular and probationary
service with the Employer from the date an employee was first
appointed to a class title covered by this Agreement.
18.2 Seniority shall not accumulate during an unpaid leave of absence, except when
such a leave is granted for a period of less than thirty (30) calendar days; is
granted because of illness or injury; is granted to allow an employee to accept an
appointment to the unclassified service of the Employer or to an elected or
appointed full-time position with the Union.
18.3 Seniority shall terminate when an employee retires, resigns or is discharged.
18.4 In the event it is determined by the Employer that it is necessary to reduce the
workforce, employees will be laid off by class title within each department based
on inverse length of "Class Seniority." Employees laid off shall have the right to
reinstatement in any lower-paid class title, provided employee has greater
"Master Seniority" than the employee being replaced.
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.
�
10
��- � � ��.
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 20. SEPARATION
20.1 Employees having a probationary or regular employment status shall be
considered separated from employment based on the following actions:
20.1 .1 Resianation. Employees resigning from employment shall give
written notice fourteen (14) calendar days prior to
the effective date of the resignation.
20.1 .2 i ch r . As provided in Article 16.
20.1 .3 Failure to Report for Dutx. As provided in Article 17.
20.2 Employees having a temporary employment status may be terminated at the
discretion of the Employer before the completion of a normal workday.
.
ARTICLE 21. TOOLS
21 .1 All employees shall personally provide themselves with the tools of the trade as
' listed in Appendix B.
�
11
ARTICLE 22. GRIEVANCE PROCEDURE �
22.1 The Employer shall recognize Stewards selected in accordance with Union rules �
and regulations as the grievance representative of the bargaining unit. The Union .
shall notify the Employer in writing of the names of the Stewards and of their �
successors when so named.
22.2 It is recognized and accepted by the Employer and the Union that the processing of
grievances as hereinafter provided is limited by the job duties and
responsibilities of the employees and shall therefore be accomplished during
working hours only when consistent with such employee duties and
responsibilities. The Steward involved and a grieving employee shall suffer no
loss in pay when a grievance is processed during working hours, provided the
Steward and the employee have notified and received the approval of their
supervisor to be absent to process a grievance and that such absence would not be
detrimental to the work programs of the Employer.
22.3 The procedure established by this Article shall, except as previously noted in
Article 16 (Disciplinary Procedures), be the sole and exclusive procedure for
the processing of grievances, which are defined as an alleged violation of the
terms and conditions of this Agreement.
22.4 Grievances shall be resolved in conformance with the following procedure:
Step 1. Upon the occurrence of an alleged violation of this Agreement, the
employee involved shall attempt to resolve the matter on an informal
basis with the employee's 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.
•
12
�� - ei ��.
ARTICLE 22. GRIEVANCE PROCEDURE (continued)
� S e 3. Within seven 7 calendar da s followin recei t of a rievance
�-� � ) 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.
Step 4. If the grievance remains unresolved, the Union may within seven (7)
calendar days after the response of the Employer in Step 3, by written
notice to the Employer, request arbitration of the grievance. The
arbitration proceedings shall be conducted by an arbitrator to be
selected by mutual agreement of the Employer and the Union within
seven (7) calendar days after notice has been given. If the parties fail
to mutually agree upon an arbitrator within the said seven- (7) day
period, either party may request the Bureau of Mediation Services�to
submit a panel of five (5) arbitrators. Both the Employer and the
Union shall have the right to strike two (2) names from the panel.
The Union shall strike the first (ist) name; the Employer shall then
� strike one (1) name. The process will be repeated and the remaining
person shall be the arbitrator.
22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or
subtract from the provisions of this Agreement. The arbitrator shall consider
and decide only the specific issue submitted in writing by the Employer and the
Union and shall have no authority to make a decision on any other issue not so
submitted. The arbitrator shall be without power to make decisions contrary to
or inconsistent with or modifying or varying in any way the application of laws,
rules or regulations having the force and effect of law. The arbitrator's decision
shall be submitted in writing within thirty (30) days following close of the
hearing or the submission of briefs by the parties, whichever be later, unless
the parties agree to an extension. The decision shall be based solely on the
arbitrator's interpretation or application of the express terms of this Agreement
and to the facts of the grievance presented. The decision of the arbitrator shall be
final and binding on the Employer, the Union, and the employees.
22.6 The fees and expenses for the arbitrator's services and proceedings shall be
borne equally by the Employer and the Union, provided that each party shall be
responsible for compensating its own representative and witnesses. If either
party desires a verbatim record of the proceedings, it may cause such a record to
. be made, providing it pays for the record.
22.7 The time limits in each step of this procedure may be extended by mutual
� agreement of the Employer and the Union.
�
13
ARTICLE 23. RIGHT OF SUBCONTRACT �
23.1 The Empioyer may, at any time during the duration of this Agreement, contract �
out work done by the employees covered by this Agreement. In the event that
such contracting would result in a reduction of the workforce covered by this
Agreement, the Employer shall give the Union a ninety (90) calendar day notice
of the intention to subcontract. .
23.2 The subcontracting of work done by the employees covered by this Agreement
shall in all cases be made only to employers who qualify in accordance with
Ordinance No. 14013.
ARTICLE 24. NON-DISCRIMINATION
24.1 The terms and conditions of this Agreement will be applied to employees equally
without regard to or discrimination for or against, any individual because of
race, color, creed, sex, age or because of inembership or non-membership in the
Union.
24.2 Employees will perform their duties and responsibilities in a non-
discriminatory manner as such duties and responsibilities involve other
employees and the general public. �
ARTICLE 25. SEVERABILITY
25.1 In the event that any provision(s) of this Agreement is declared to be contrary to
law by proper legislative, administrative or judicial authority from whose
finding, determination or decree no appeal is taken, such provision(s) shall be
voided. All other provisions shall continue in full force and effect.
25.2 The parties agree to, upon written notice, enter into negotiations to place the
voided provisions of the Agreement in compliance with the legislative,
administrative or judicial determination.
�
14
�� - � �� ��
ARTICLE 26. WAIVER -
• 26.1 The Employer and the Union acknowledge that during the meeting and ne otiatin
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 �eimbursed at the current Board rate or 28¢ per mile, whichever
is greater. In addition, a maximum amount which can be paid per month is
established by an estimate furnished by the employee and the employee's
supervisor.
Another consideration for establishing the maximum amount can be the
experience of another working in the same or similar position.
� Under this plan, it is necessary for the employee to keep a record of each trip
made.
,
:
�
15
•
INTENTIONALLY BLANK
�
� r
•
16
��1`�t�
ARTICLE 28. DURATION AND PLEDGE
28.1 This Agreement shall become effective as of May 1, 1996, and shail 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, 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 Negotiations/Labor Relations Manager, but is
subject to the approval of the Board of Education and is also subject to
ratification by the Union.
The 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 UNITED ASSOCIATION PIPEFITTERS
LOCAL NO. 455
. �' !�r'�`�/
Negotiations/Labo� Re ions Manager Busin s Age
� a s- � ss � ����.�
Date Date
,
� �
, Chair, B ard of Education
�-
Date
�
17
�
INTENTIONALLY BLANK
�
�
q�, - � ���
APPENDIX A �
• The classes of positions recognized by the Employer as being exclusivel represented b
Y Y
the Union are as follows:
Lead Pipefitter
' Master Pipefitter
Pipefitter
Pipefitter - Control Specialists
Refrigeration, Gas and Oil Serviceworker
Apprentice - Pipefitter
General Lead Pipefitter
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 �
Toois of the trade •
6' folding ruler '
�
61 �
�
q� - � ����
APPENDIX C �
• C1 The total hourly cost to the Employer for wa es lus an and all contributions or
9 P Y
A deductions stated in Appendix D of this Agreement shall not exceed the following
amounts:
.
� Effective Effective Effective
4 7 4/26/97 4/25/98(1 )
Pipefitter $32.05 , $33.18 (�)
Pipefitter-Controls Specialist $32.05 $33.18 (1)
Refrigeration, Gas and $32.05 $33.18 1
Oil Serviceworker � �
Lead Pipefitter $33.90 $35.08 (1)
Master Pipefitter $33.90 $35.08 (>>
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 2
Pipefitter $23.76 * • •
Pipefitter-Controls Specialist $23.76 * * *
Refrigeration, Gas and $23.76 * * *
Oil Serviceworker
Lead Pipefitter $25.53 * * *
Master Pipefitter $25.53 * * *
��� 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
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)
C2A The basic hourly wage rates in this Appendix (C2A) are for compensation �
analysis purposes onlv. These figures represent the portion of the
Appendix Ci rates above specificaily allocated to wages. These rates do ,
NOT inciude taxable contributions and therefore should NOT be used for
taxable payroll calculations. See Appendix C2 above for total taxable
payroii information.
�
Effective Effective Effective
4/27/96 4/26/97 4/25/98
Pipefitter $19.39 � * * *
Pipefitter-Controls Specialist $19.39 * " '
Refrigeration, Gas and $� 9 39 , ,� „
Oil Serviceworker
Lead Pipefitter $21 .16 * * *
Master Pipefitter $21 .16 � * *
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 �
Pipefitter $24.82 * • _
Pipefitter-Controls Specialist $24.82 "` ' "
Refrigeration, Gas and $24 82 * * „
Oil Serviceworker
Lead Pipefitter $26.67 * * *
Master Pipefitter $26.67 * " *
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.
' 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
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.
C2 �
��J� � � �C�
APPENDIX C (continued)
• C4 The basic hourly wage rates for the Apprentice class of positions:
� 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 C2 through C4 in such a way
that the total cost of the package (wage rate plus contributions) remains constant and
does not exceed the amounts shown in Appendix C, Section C1.
�
�
� C3
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 ) $4.37 per hour for all hours worked from which all appropriate payroll �
deductions have been made to a Union-designated Credit Union Fund. �
( 2 ) $2.95 per hour for all hours worked to a Union-designated Health and
Welfare Fund. Effective May 29, 1993, this �ontribution shall be $2.63 for
all hours worked.
( 3 ) $4.15 per hour for all hours worked to a Union-designated Pension Fund.
Effective May 29, 1993, this contribution shall be $3.14 for all hours
worked.
( 4 ) $.13 per hour for all hours worked to a Union-designated Journeyman and
Apprenticeship Training 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 the Twin City Pipe Trades Service Association.
The Employer shall establish Workers' Compensation and Unemployment Compensation
programs as required by Minnesota Statutes.
Employees covered by this Agreement shall not be eligible for, governed by or
accumulate vacation, sick leave, holiday, funeral leave, jury duty or insurance fringe
benefits that are or may be established by Personnel Rules, Council Ordinance or Council
Resolutions.
The Employer's fringe benefit obligation to employees is limited to the contributions
and/or deductions established by this Agreement. The actual level of benefits provided to
employees shall be the responsibility of the Trustees of the various funds to which the
Employer has forwarded contributions and/or deductions.
..
D1 �