96-1143 Council File# 3
0 R f G I NA L Green Sheet# 35794
RESOLU ON
O S T L, MINNESOTA I�
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 Plumbers Local Union No. 34.
Yeas Na s Absent Requested by Department of:
Blakey �
Office of Labor Relations
Bostrom �/
Guerin �/ �� ��
Harris � By:
Megard ,/
Rettman �� Form Appr d by � ttorney
Thune � By; � � � � � 9
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Adopted by Council: Date ,p�,r.� � �S ��q� Approved by Mayor for Submission to Council
�r ��� �D�
Adoption Certified by Council Secretary By:
By:
Approved by Mayor: Date �1��
By:
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DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET NO.: 35794 �
LABOR RELATIONS September 3, 1996
CONTACT PERSON&PHONE: � INITIAL/DATE INITIAL/DATE
MARY H. KEARNEY 266-6495 ASSIGN 1 DEPARTMENT DIR. n1 q S 4 CITY COUNCIL
NUMBER 2 CTTY ATTORNEY CITY CLERI:
MUST BE ON COUNCIL AGENDA BY(DATE) FOR BUDGET DIR. FIN.&MGT.SERVICE DIR.
ROUTING 3 MAYOR(OR ASST.)
ORDER �EI��
TOTAL tt OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) -
ACTION REQUESTED: AIIAYO'R°S (��FI(tE
This resolution approves the attached May 1, 1996 through April 30, 1999 Maintenance Labor Agreement between
the Independent School District No. 625 and the United Association Plumbers Local Union No. 34.
RECOMMENDATIONS:Approve(A)or Reject(R) PERSONAL SERVICE CONTRAC7'S MUST ANSWER THE FOLLOWING
QUESTIONS:
PLANNING COMMISSION _CIVIL SERVICE COMMISSION 1. Has this person/firm ever worked under a contract for this department?
C1B COMMITTEE Yes No
STAFF 2. Has this person/firm ever been a city employee?
DISTRICT COURT Yes No
SUPPORTS WHICH COUNCIL OB]ECTIVE? 3. Does this person/firm possess a skill not nortnally possessed by any curcent city
empioyee? Yes No
Explain all yes answers on separate sheet and attach to green sheet
INITIATING PROBLEnt,ISSUE,OPPORTUNITY(Who,What,When,Where,Why):
See Attached.
ADVANTAGES IF APPROVED:
See attached. This Agreement pertains to Board of Education employees only. ����+V�
SEP 0 5 i9��
DISADVANTAGES IF APPROVED: NOriB. � QFF�
�OUnCiI t����rch C�r�ter
SEP 0 9 "��96
�..___ -.:..�
DISADVANTAGES IF NOT APPROVED:
TOTAL AMOUNT OF TRANSAC7'ION: COST/REVENUE BUDGETED:
FUND[NG SOURCE: ACTIVITY NUMBER:
FINANCIAL INFORMATION:(EXPLAIN)
NOTE: COMPLE7'E DIREC7'IONS ARE INCLUDED IN THE GREEN SHEET MS7'RUCTIONAL MANUAL AVAILABLE IN THE
PURCHASING OFFICE(PHONE NO.266-8900).
ROUTMG ORDER:
Below are correct routings for the five most frequent rypes of documents:
CONTRACTS(assumes authorized budget exists) COLJNCIL RESOLUTION(Amend Budgets/Accept.Grants)
1. Outside Agenc�� l. Department Director �
2. Department Director 2. Budget Director
3. Ciry Attorney 3. City Attomey
4. Mayor(for contracts over$15,000) 4. MayodAssistant
5. Human Righu(for contracts over$50,000) S. City Council
6. Finance and Management Services Director 6. Chief Accountant,Finance and Management Services
7. Finance Accounting
ADMINIS7RATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION(all others,and Ordinances)
1. Activiry Manager 1. Department Director
2. Department Accountant 2. City Attorney
3. Department Director 3. Mayor/Assistant
4. Budget Director 4. Ciry Council
S. Ciry Clerk
6. Chief Accountant.Finance and Management Services
ADMINISTRATIVE ORDERS(all others)
l. Department Director
2. City Anorne�
3. Finance and Management Services Director
4. City Clerk
TOTAL NUMBER OF SIGNA'fURE PAGES
lndicate the#of pages on H•hich signatures are required and paperclip or flag each of these pages.
AC710N REQUESTED
Describe what the pro.ject/request seehs to accomplish in either chronological order or order of importance.whichever is most appropriate for the
issue. Do not w•rite complete sentences. Begin each item in your list w�ith a verb.
RECOMMENDATIONS
Complete if the issue in question has been presented before any body,public or private.
SUPPOR'TS V1'HICH COUNGL OBJECTIVE?
Indicate ti�hich council objective(s)your project/request supports by listing the key word(s)(HOUSING.RECREATION,NEIGHBORHOODS,
ECONOMIC DEVELOPMENT.BUDGET,SEWER SEPARATION). (SEE COMPLETE LIST IN INS'TRUCTIONAL MANUAL.)
PERSONAL SERVICE CONTRACTS:
This information�vill be used to determine the city's liabiliry for workers compensation claims,ta�ces and proper civil service hiring rules.
INITIATING PROBLEM,1SSUE,OPPOR7'UNITY
Explain the situation or conditions that created a need for your project or request.
ADVANTAGES IF APPROVED
lndicate whether this is simply an annual budget procedure required by law/charter or whether there are specific ways in which the City of Saint Paul
and its citizens H•ill benefit from this projecdaction.
DISADVANTAGES 1F APPROVED
What negative effects or major changes to existing or past processes might this projecUrequest produce if it is passed(e.g.,traf�ic delays,noise,tax
increases or assessments)? ?'o Whom? When? For how long?
DISADVANTAGES 1F NOT APPROVED
What will be the negative consequences if the promised action is not approved? Inabilit��to deliver service? Continued high traffic.noise,accident
rate? Loss of revenue?
FINANCIAL IMPACT
Although you must tailor the information you provide here to the issue you are addressing,in general you must answer two questions: How much is
it going to cost? Who is going to pay�
INDEPENDENT SCHOOL DISTRICT NO. 625 �� J�/��
BOARD OF EDUCATION
ST. PAUL PUBLIC SCHOOLS
DATE: June 18, 1996
TOPIC: Approval of an employment agreement with United Association of
Plumbers Local No. 34
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 heaith insurance contributions.
3) Contract changes are as follows:
• Holidavs: The language will be revised to provide double time for call-in work performed
on Martin Luther King or Presidents' Day holidays when school is not in session.
Employees who are offered prescheduled work on these days and who accept, will
continue to be paid at the straight-time rate.
• 'Mileaae: The language wili be changed to read. "the current Board rate or$28 per mile
whichever is greater."
• Wa9es: The first 1wo years of the contract will be based on the outside prevailing rate total
. package increase of $1.12/hr on Aprii 27, 1996, and $1.13/hr on April 26, 1997. The
third year there wili be a reopener for wages only.
4) The District has six 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 of Plumbers Local No. 34 is the exclusive representative; duration of
said Agreement is for the period of May 1, 1996 through April 30, 1999.
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INDEX
• ARTICLE 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 Plumber............................................................ 8
15. Holidays........................................................................................ 9
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. Nondiscrimination........................................................................ 15
25. Severability................................................................................. 15
26. Waiver.......................................................................................... 16
27. Mileage - Independent School District No. 625........................... 1 6
28. Safety............................................................................................ 17
2 9. Legal Services.............................................................................. 1 8
30. Duration and Pledge...................................................................... 1 9
AppendixA:................................................................................. A1
AppendixB................................................................................. B 1
AppendixC.................................................................................. C 1-C2
AppendixD................................................................................. D 1
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• PREAMBLE
� This Agreement is entered into between Independent School District No. 625, hereinafter
referred to as the Employer, and the United Association Plumbers Local 34, hereinafter
referred to as the Union.
� The Employer and the Union concur that this Agreement has as its objective the
promotion of the responsibilities of Independent School District No. 625 for the benefit
of the general public through effective labor-management cooperation.
The Employer and the Union both realize that this goal depends not only on the words in
the Agreement but rather primarily on attitudes between people at all levels of
responsibility. Constructive attitudes of the Employer, the Union, and the individual
employees will best serve the needs of the general public.
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INTENTIONALLY BLANK
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ARTICLE 1 . PURPOSE
� 1 .1 The Employer and the Union agree that the purpose for enterin into this
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Agreement is to:
1 .1 .1 Achieve orderly and peaceful relations, thereby estabiishing 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
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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. 91-PCL-2011 dated July 25, 1990.
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 shal�
• remain with the Employer to eliminate, modify or establish following written
notification to the Union.
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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 harmfess the Employer from any and
all claims or charges made against the,Employer as a result of the
implementation of this Article.
4.2 The Union may designate one (1) employee from the bargaining unit to act as a
Steward and shall inform the Employer in writing of such designation. Such
employee shall have the right and responsibilities as designated in Article 22
(Grievance Procedure).
4.3 Upon notification to a designated Employer supervisor, the Business Manager of
the Union or the designated representative shall be permitted to enter the
facilities of the Employer where employees covered by this Agreement are
working.
ARTICLE 5. SCOPE OF THE AGREEMENT �
5.1 This Agreement establishes the "terms and conditions of employmenY' defined by
M. S. 179A.03, Subdivision 19, for all employees exclusively represented by the
Union. This Agreement shall supersede such "terms and conditions of
employmenY' established by Civil Service Rule, Council Ordinance, and Council
Resolution.
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ARTICLE 6. PROBATIONARY PERIODS
� 6.1 All personnel, originally 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 Article 13 (Fringe Benefits).
7.3 No other compensation or fringe benefit shall be accumulated or earned by an
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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 day, excluding a i
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 A
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 of 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. •
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ARTICLE 9. OVERTIME "
� 9.1 Time on the payroll in excess of the normal hours set forth above shall be
"overtime work" and shall be done oniy by order of the head of the department.
An employee shali be recompensed for work done in excess of the normal hours
by being granted compensatory time on a time and one-half basis or by being paid
on a time and one-half basis for such overtime work. The basis on which such
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overtime shall be paid shall be determined solely by the Employer.
9.2 The rate of one and one-half (1-1/2) the basic hourly rate 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, and
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).
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ARTICLE 11 . WORK LOCATION �
1 1 .1 Employees shall report to work locations as assigned by a designated Employer •
supervisor. During the normal workday, employees may be assigned to other
work locations at the discretion of the Employer.
1 1 .2 Employees assigned to work locations during the normal workday other than their �
original assignment, and who are required to furnish their own transportation,
shall be compensated for mileage as set forth in Article 27 (Mileage).
ARTICLE 12. WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be paid for all
hours worked by an employee.
12.2 Regular employees shall be compensated in accordance with Article 12.1
(Wages) and have fringe benefit contributions and/or deductions made on their
behalf as provided for by Article 13 (Fringe Benefits).
12.3 Temporary employees shall be compensated in accordance with Article 12.1
(Wages) and have fringe benefit contributions and/or deductions made in their
behalf as provided for by Article 13 (Fringe Benefits). •
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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 employees covered by this Agreement in accordance with Appendix D
for all hours worked.
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13.2 Effective May 1. 1985, temporary, probationary, and regular participating
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 September 1, 1974, such health insurance premium contributions
up to the same dollar amounts as are provided by the Employer at the date of
early retirement and the cost of premium contributions toward $5,000 life
insurance coverage until such employees reach sixty-five (65) years of age.
In order to be eligible for the premium contributions under the provision 13.3
and 13.4 the employee must:
13.3.1 Be receivin� 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 and Human Resources 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.
13.4 For an employee who retired before the execution of this Agreement at age
sixty-five (65) or later and who meets 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.
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ARTICLE 14. SELECTION OF LEAD PLUMBER
14.1 The selection of personnel for the class of positions Lead Plumber shall remain �
solely with the Employer. _
14.2 The class of positions Lead Plumber 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 holidays (except Labor
Day as noted in Article 132):
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 n�c in session, that day will normally be an unpaid
holiday. If the Employer schedules work on such days, employees will be offered
an opportunity to work that day at the straight-time rate and will not be required
to take another day off to replace the holiday. If the employee is called in on such
day, they will be called in accordance with Article 10 and paid as in 15.5.
15.8 In order to be eligible for a holiday with pay, an employee's name must appear on
the payroll on any six (6) working days of the nine (9) 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 (3) other working days of the nine (9)
� working days preceding the holiday. In neither case shall the holiday be counted
as a working day.
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ARTICLE 15. HOLIDAYS (continued)
15.9 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 .
pay.
15.10 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 y
holiday. In the event of such designation, either Martin Luther King, Jr. Day,
Presidents' Day, Columbus Day, or Veterans' Day shall be deleted from the
holidays list as set forth in Article 15.1. ,
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 process.
ARTICLE 17. ABSENCES FROM WORK
17.1 Employees who are unable to report for their normal workday have the
responsibility to notify their superoisor 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 May 1, 1993, for the purpose of this Article, the 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 twenty-four
(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
twenty-four (24) months from the last day of work preceding the layoff. No
other Civil Service recall rights to this Employer shall apply. This provision
does not address any rights the employee may have to be recalled to any other
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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 �
1 9.1 Disputes concerning work jurisdiction between and among unions is recognized as �
an appropriate subject to 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 Resignation. Employees resigning from employment shall give written
notice fourteen (14) calendar days prior to the effective date of the
resignation.
20.1 .2 Discharae. As provided in Article 16.
20.1 .3 Failure to Report for DutX. As provided in Article 17.
20.2 Employees having a temporary employment status may be terminated at the
discretion of the Employer before the completion of a normal workday.
1
ARTICLE 21 . TOOLS
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 �uch 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:
e 1. Upon the occurrence of an alleged violation of this Agreement, the
employee involved shall attempt to resolve the matter on an informal
• basis with the employee's supervisor. If the matter is not resolved to
the employee's satisfaction by the informal discussion, it may be
reduced to writing and referred to Step 2 by the Union. The written
grievance shall set forth the nature of the grievance, the facts on which
it is based, the alleged section(s) of the Agreement violated, and the
relief requested. Any alleged violation of the Agreement not reduced to
writing by the Union within seven (7) calendar days of the first
occurrence of the event giving rise to the grievance or within the use of
reasonable diligence should have had knowledge of the first occurrence
of the event giving rise to the grievance, shall be considered waived.
t 2. Within seven (7) calendar days after receiving the written grievance, a
designated Employer Supervisor shall meet with the Union Steward and
attempt to resolve the grievance. If, as a result of this meeting, the
grievance remains unresolved, the Employer shall reply in writing to
the Union within three (3) calendar days following this meeting. The
Union may refer the grievance in writing to Step 3 within seven (7)
calendar days following receipt of the Employer's written answer. Any
grievance not referred in writing by the Union within seven (7)
calendar days following receipt of the Employer's answer shall be
considered waived.
•
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ARTICLE 22. GRIEVANCE PROCEDURE (continued)
te . Within seven (7) calendar days following receipt of a grievance �
referred from Step 2, a designated Employer Supervisor shall meet .
with the Union Business Manager or a 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 sev,en (7) calendar days following
receipt of the Employer's answer shall be considered waived.
Step 4. If the grievance remains unresolved, the Union may within seven (7)
calendar days after the response of the Employer in Step 3, by written
notice to the Employer, request arbitration of the grievance. The
arbitration proceedings shall be conducted by an arbitrator to be
selected by mutual agreement of the Employer and the Union within
seven (7) calendar days after notice has been given. If the parties fail
to mutually agree upon an arbitrator within the said seven (7)-day
period, either party may request the Bureau of Mediation Services to
submit a panel of five (5) arbitrators. Both the Employer and the
Union shall have the right to strike two (2) names from the panel. The
Union shall strike the first (1 st) name; the Employer shall then strike
one (1) name. The process will be repeated and the remaining person
shall be the arbitrator. �
22.5 The arbitrator shall have no right to amend, 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.
•
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ARTICLE 23. RIGHT OF SUBCONTRACT �
• 23.1 The Employer may, at any time during the duration of this Agreement, contract
out work done by the employees covered by this Agreement. In the event that
` such contracting would result in a reduction of the workforce covered by this
Agreement, the Employer shall give the Union a ninety (90)-calendar day notice
of the intention to subcontract.
23.2 The subcontracting of work done by the employees covered by this Agreement
shall in all cases be made only to employers who qualify in accordance with
Ordinance No. 14013.
ARTICLE 24. NONDISCRIMINATION
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 nonmembership in the
Union.
24.2 Employees will perform their duties and responsibilities in a nondiscriminatory
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 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 Board approved rate or 28¢ per mile,
whichever is greater. In addition, a maximum amount which can be paid per
month is established by an estimate furnished by the employee and the
employee's supervisor.
Another consideration for establishing the maximum amount can be the
experience of another working in the same or similar position.
Under this plan, it is necessary for the employee to keep a record of each trip
made.
�
�
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ARTICLE 28. SAFETY �
� 28.1 Accident and injury-free operations shall be the oal of the Em lo er and
9 P Y
employees. To this end, the Employer and employees will, to the best of their
r ability, abide by and live up to the requirements of the several state and federal
Construction Safety Codes and Regulations.
" 28.2 To this end, the Employer shall from time to time issue rules or notices to his
employees regarding on-the-job safety requirements. Any employee violating
such rules or notices shall be subject to disciplinary action. No employee may be
discharged for refusing to work under unsafe condJtions.
28.3 Such safety equipment as required by governmental regulations shall be provided
without cost to the employee. At the Employer's option, the employees may be
required to sign for safety equipment and shall be obligated to return same upon
discharge, layoff, quit or other termination in comparable condition as when
issued, providing reasonable wear and tear. The Employer shall have the right to
withhold the cost of such safety equipment if not returned.
28.4 The Employer agrees to pay $60.00 toward the cost of each pair of safety shoes
purchased by an employee who is a member of this unit. The Employer shall
contribute for the cost of up to one pair of shoes per year and shall not be
responsible for any additional cost for any additional shoes thereafter. This
reimbursement of $60.00 per pair of shoes shall be made only after
investigation and approval by the immediate supervisor of that employee. This
$60.00 per pair of shoes contribution to be made by the Employer shall apply to
� those employees who must wear protective shoes or boots for their employment.
�
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ARTICLE 29. LEGAL SERVICES �
29.1 Except in cases of maifeasance in office or willful or wanton neglect of duty, or �
indifference to rights of others, the Employer shall defend, save harmless, and
indemnify an employee against tort claim or demand, whether groundless or t
otherwise, arising out of alleged acts or omission occurring in the performance
or scope of the employee's duties.
29.2 Notwithstanding the provisions of Section 29.1, the Employer shall not be
required to defend or indemnify any employee against personal liability or
damages, costs or expenses ,
(a) resulting from a claim, suit, verdict, finding, determination or judgment
that the employee has committed an intentional tort or torts, including but
not limited to slander, libel, and/or other defamatory harms; or
(b) arising out of cross claims, counterclaims, affirmative defenses and/or
separate actions brought against such employee in response to or resulting
from claims, allegations, demands or actions (whether or not litigation was
actually commenced) brought, made or instituted by such employee.
29.3 Notwithstanding the provisions of Section 29.1 or 292, the Employer may at its
sole discretion defend an employee against allegations, claims, demands or actions
wholly or in part based on or arising out of claimed intentional torts, and in such
cases, the employee consents to the extent lawfully permitted to such
representation without regard to actual or potential conflicts of interest.
29.4 Each employee, within twenty (20) days after receiving notice of �
( 1 ) a tort claim or demand, action, suit or proceeding against him or her,
( 2 ) a judgment, verdict, finding or determination, either of which arises out of
alleged or found acts or omissions occurring in the performance or scope of
the employee's duties, shall notify the Employer by giving written notice
thereof to the Employer's General Counsel.
�
�
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�'�� -� � �.��3
ARTICLE 30. DURATION AND PLEDGE
30.1 This Agreement shall become effective as of the date of signing, except as
� specifically provided otherwise in this Agreement 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 30.2.
30.2 If either party desires to terminate or modify this Agreement effective as of the
date of expiration, the party wishing to modify or terminate the Agreement shall
- give written notice to the other party, not more than ninety (90) or less than
sixty (60) calendar days prior to the expiration date, provided that the
Agreement may only be so terminated or modified effective as of the expiration
date.
30.3 In consideration of the terms and conditions of employment established by this
Agreement and the recognition that the Grievance Procedure herein established is
the means by which grievances concerning its application or interpretation may
be peacefully resolved, the parties hereby pledge that during the term of the
Agreement:
30.3.1 The Union and the employees will not engage in, instigate or condone any
concerted action in which employees fail to report for duty, willfully
absent themselves from work, stop work, slow down their work or
absent themselves in whole or part from the full, faithful performance
of their duties of employment.
30.3.2 The Employer will not engage in, instigate or condone any lockout of
employees.
30.3.3 This constitutes a tentative Agreement between the parties which will
� be recommended by the Negotiations/Labor Relations Manager, but is
subject to the approval of the Board of Education, and is also subject to
ratification by the Union.
The 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 PLUMBERS
LOCAL NO. 34
.
Negotiadions/Lat�or Relati s Manager Business Manager
�/as' �� � �
Date Date
- � �
� �
� Chair, Boa of Education
• ' l�
Date
�
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APPENDIX A �
The classes of positions recognized by the Employer as being exclusively �
represented by the Union are as follows:
,
Apprentice - Plumber
Plumber '
Lead Plumber
and other classes of positions that may be established by the Employer where the duties
and responsibilities assigned come within the jurisdiction of the Union.
�
A1 ,
APPENDIX C
C1 The total hourly cost to the Employer for wages plus any and ali 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(� )
Plumber $31 .33 $32.46 �>> �
Lead Plumber $33.13 $34.26 �>>
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
Plumber $23.22 � * `
Lead Plumber $24.94 * * *
C2A. The basic hourly wage rates in this Appendix (C2A) are for compensation
ana�,ysis �ur�oses onlx. These figures represent the portion of the
Appendix C1 rates above specifically allocated to wages. These rates do [�OT
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 26/97 4/25/98
Plumber $20.04 * � �
Lead Plumber $21 .76 * * �
��> 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) �
• 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
4/27/96 4/26/97 4/25/98
Plumber $24.26 ; * `
Lead Plumber $26.06 ' � �
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:
Apprentice
0 - 6 months.................................50% of Plumber rate
7 - 12 months..............................55% of Plumber rate
1 3 - 18 months..............................60% of Plumber rate
1 9 - 24 months..............................65% of Plumber rate
2 5 - 30 months..............................70% of Plumber rate
31 - 36 months..............................75% of Plumber rate
3 7 - 42 months..............................80% of Plumber rate
� 4 3 � 48 months.:::::::::::::::::::::::::::..85% of Plumber rate
4 9 54 months. ..90% of Plumber rate
5 5 60 months..............................95% of Plumber rate
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 34 and the Twin
Cities Piping Industry 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 34 and any plumbing contractor affiliated or not affiliated with the
Twin Cities Piping Industry 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
t on the allocation agreed to by the Employer and the Union of the April 26, 1997, total hourly cost stated
in Appendix C-1.
�� 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
APPENDIX D
Effective April 30, 1994, 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 ) $3.18 per hour for all hours worked from which all appropriate payroll
deductions have been made to a Union-designated Credit Union Vacation Fund.
( 2 ) $2.95 per hour for all hours worked to a Union-designated Health and Welfare
Fun . ,
( 3 ) $1.25 per hour for all hours worked to a Union-designated Pension Fund.
( 4 ) $2.69 per hour for all hours worked to a Union-designated Annuity Fund.
( 5 ) $.18 per hour for all hours worked to a Union-designated Journeyman and
g�prenticeship Training Fund.
The Employer shall make legally established non-negotiated pension
contributions to P E R A � 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.
i
D1 �
•