269191 WHITE — C1TV CLERK . 2S91�J�
P4NK — FINANGE � COIII�CII ��
CANARV —DEPARTMENT ' GITY OF SAINT PAUL � �
BLUl�'e — MAYOR � Fll@ NO.
, t ' •
.
O/ W Z/Lf�L/`CG • Ordinance N O. l��a�7
Presented By
Referred To Committee: Date
Out of Committee By Date
An administrative ordinance approving the terms and
conditions of the 1977-78 Maintenance Labor Agreement
between the City of Saint Paul, Independent School District
No. 625, and the Sheet Metal Workers Local #76.
WHEREAS, the Council, pursuant to the provisions of Section 12. 09
of the Saint Paul City Charter and the Public Employment Labor Relations
Act of 1971, as amended, recognizes that for the purpose of ineeting and.
negotiating the terms and conditions of employment, Sheet Metal Workers
Local #76 is the exclusive representative for employees falling within the
units as certi.fied by the Bureau of Mediation Services unc�er the Case No.
, 73-PR-513-A; and
WHEREAS, the City through designated representatives and exclusive
representatives have met in good faith, negotiated conditions and terms of
" employment for the year through April 30, 1978, for such personnel as are
" set forth in the Agreement between the City, Independent School District
� No. 625, and the exclusive representative; now, therefore,
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1. ,That the Agreement created as of the effective date of
this ordinance, between the City of Saint Paul and the above-described
representative, on file in the office of the City Clerk, is hereby approved,
and the authorized administrative officials of the City are hereby authorized
and directed to execute said Agreement on behalf of the City.
Section 2. That the wage schedules indicated in the Agreement with
the above-described representative shall take force and effect retroactively
to the dates �et forth in the Agreement, and in accordance .with the expressed
intent of the agreement of this Council contained in Council File Number 268207.
_1_
COUNCILMEN
Yeas Nays Requested by Department of:
Butler
Hozza In Favor
� Hunt
Roedler Against BY
Sylvester
Tedesco
Form ppr ed by C y ttorney
Adopted by Council: Date I
Certified Passed by Council Secretary BY
By ' !
Approved by Mayor: Date �►pproved by Mayor for S i ion to Council
By BY
WHI7E - CITY CLERK 1 ��y���
P1NK - FINANCE COUI1C11 �'� V
CANARV - DEAARTMENT GITY OF SAINT PAUL Flle NO.
Bt.� '-MAVOR .
�
Ordindnce Ordinance N0.
Presented By •
Referred To Committee: Date
Out of Committee By Date
Section 3. That any other ordinance, rule or regulation, in force
when said Agreement takes effect, i.nconsistent with any provisions of the
terms or conditions of said Agreement, is hereby repealed.
Section 4. This ordinance shall take effect and be in force thirty
(3Q) days after its passage, approval, and publication.
Approved:
fi�
Chairman
Civil Service Commis 'on
COUIVCILMEN
Yeas Nays Requested by Department of:
Butler PERS NE OFFI
Hozza In Favor
Hunt
�_ � Against BY
��es�er
Tedesco �N 2 8 197�
Form Approved by City Attorney
Adopted b uncil: ate
Cert' ed Passed uncil Secretary • BY
By �
Appr e by Mayor: Date
' N 4 t��� Appr ed by Mayor for Su is n to Council
BY BY
pUBLISHED JUL 9 1977
2691��
• �����
1977 - 1978
f.
• MAINTENANCE LABOR AGREEMENT
, - between -
THE CITY OF SAINT PAUL,
THE INDEPENDENT SCHOOL DISTRTCT I30. 625
•
- and -
SHEET METAL WORKERS
INTERNATIONAL ASSOCIATION
�
LOCAL 76
�
INDEX �s919�
ARTICLE TITLE ��a�P'AGE
�
Preamble iii
Z Purpoae 1
II Recognition 2
II� Employer Righta 3
IV Union Rights 4
V Scope of Agreement 5
.
VI Probationary Periods 6
VTI Philosophy of Emp�oyment and Compensation 7
• VIII Hours of Work 8
ZX • Overtime 9
X Call Back 10
XI Work Location - Residency 11
XII Wages 12
XIII Fringe Benefits 14
XIV Selection of Foreman and Geaeral Foreman 15
XV Retirement 16
XVI Holidays 17
XVII Disciplinary Procedures 18
XVIIT Absences From Work 19
XTX Seniority 20
. XX Jurisdiction 21
XXI Separation 22
XXII Tools 23
XXI�I Grievance Procedure 24
XXTV Right of Subcontract 29
XXV Non-DiscrimiaatiQn 30
XXVI Severability 31
XXVII Waiver 32
XXVTT� City Mileage Flan 33
XXIX Mileage I.D.S. 4�625 34
• XXX Duration and Pledge 35
Appendix A
° Appendix B
Appendix C
Appendix D
.
ii
��V����
. PREAMBLE I(pag'�
This AGREEMENT is entered into on th�.s 5th day of May, 1977,
be�ween the City of Saint Paul and the Independent School District No. 625,
he�einafter referred to as the EMPLOYER and the Sheet Metal �Iorkers Inter-
• na�ional Assoc�ation Local 76 hereinafter refazred to as the UPiION.
• The EMFLOYER and the UNION concur that this AGREEMENT has as its
ob�ect3.ve the promotion of the reaponsibikities of the City of Sai,nt Paul
, for th� benefit of the general public through effective labor--management
coopexation.
The EMPLOYER and the UNION both realize that this goal depends not
on7.y on the words in the AGREEMENT but rather primarily on attitudes between
prople at all levels of respoasibility. Constructive attitudes of the CITY,
• Che UNION, and the individual employees will best aerve the needs of the
general public.
.
•
iii
I�tTICL$ I - PURPOSE
. 1.1 The EMPZOYER and the UNION agree that the purpose for entering into
thia AGREEMENT is to:
1.11 Achieve orderly and peaceful relations, thereby
establishing a system of uninzerrupted ogerations
and the highest level of employee performance that
is consistent wirh the safety and well-being of all
� conceraed;
1.12 Set forth rates o£ pay, hours of work, and other
' conditions of employment as have been agreed upon
by the EMPLUYER and the IINION;
1.T3 Establiah procedures to orderly and peacefully resolve
disputes as to the application or interpretation of
this AGREEMENT without loss of manpower productivity.
.
1.2 The EMF'LOYER and the UNION agree that this AGREEMENT serves as a
supplement to legislation that creates aad directs the EMPLOYER. If
any part of this AGREEMENT is in conflict with such legislation, the
latter sha11 prevail. The parties, on written notice, agree �o negotiate
that part in conflict so that it conforms to the statute as provided by
, A�ticle 26 (SEVERABILITY).
�
- 1 -
ARTICLE II - RECOGNITION �����.,�
��a$�
• 2.1 The EMPLOYER recognizes the UNION as the exclusive representat�ve
for collective bargaining purposes for a11 personne� having an
employment status of regular, probationary, provisional, temporary,
and emergency employed in the classes of pAaitions defined in 2.2
• as certified by the Bureau of Mediation Services in accordance
with Case No. 73-PR-513-A dated May 15, 1973.
2.2 The classes of positior�s r�cognized as being exclusively represented
, by the UNION are as listed in Apgendix A.
•
.
- 2 �-
'��� rQ
ARTICLE III - EMFLOYER RIGHTS �`�7�
ICDc�� /
. 3.1 The EMPLOYER retair�s the right to operate and ma.nage al� manpower,
facilities, and equipment; to establish functioas and programs;
to set and amend budgets; to determiae the utilization of technology;
to establish and modify the organixational structure; to select,
- direct, and determine the aumber of personnel; and to perform any
inherent managerial function not specifically limited by this
, AGREEMENT.
. 3.2 Any "tezm or condition of employment" not established by this
AGREEMENT shall remain with the EMPLOYER to elimi�ate, modify, or
establish following written notification to the UNION.
•
•
- 3 -
ARTICLE IV - UNION RIGHTS
� 4.� 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 UI3ION.
- 4.11 The EMPL�YER shall not deduct dues from the wages
of employees covered by this AGREEMENT for any other
labor organiaation.
4.12 The U1�iI0N shall indemnify and safe harmless the
EMPL4YER from any and all claims or charges made
against the EMPLOYER as a result of the implementat�on
of this ARTICLE.
4.2 The UNION may designate one (1) employee from the bargaining unit to
� act as a Steward and sha11 inform the ENIPLOXER in writing of such
designation. Such employee shall have the rights and responsibiTities
as designated in Article 23 (GRIEVANCE PROCEDURE).
4.3 Upon notification to a designated EMPLOYER supervisor, the Business
Manager of the UNION, or his designated representative shall be
premitted to enter the facilitiea of the EMPLOYER where employees
covered by this AGREEMENT are workit�g.
�
- 4 -
�s�1��
ARTICLE V - SCOPE OF THE AGREEMENT I�a$ �
� 501 This AGREEMENT establishes the "terms and conditions of employment"
defined by M.S. 179.63, Subd. 18 for all employees exclusively
represented by the UNION. This AGREEMENT shall supercede such
"terms and conditions of employment" established by Civil Service
- Rule, Council Ordinaace, and Couneil Resolutian.
•
•
- 5 -
ARTICLE VI - PROBATIONARY PERIODS
� 6el All personnel, originally hired or rehired following separation, in
a regular employment status shall serve a six (6) month's probationary
period during which time the employee's fitness and ability to perform
the class of positions' dutiea and reaponsibilities shall be evaluated.
- 6.11 At any time during the probationary periad an
employee may be terminated at the discretion of the
_ EMPLOYER without appeal to the provisions of Article 23
(GRIEVANCE PROCEDURE).
6.12 An employee terntinated during the prob�tionary 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 promated to a higher class of positions shall se�re a
six (6) months' promotional probationary period during which time
the employee's fitness and ability to pezform the class of positions'
duties and responaibilities shall be evaluated.
6.21 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 proviaions of Article 23 (GRIEVANCE
PROCEDURE).
6m23 An employee demoted during the protional, probationary period
shall be returned to the employee's previously held class of
positions and ahall receive a written notice of the reasons for
demotion, a copy of which shall be sent to the UNION.
•
- 6 -
ARTICLE VIT - PHIL�S�PHY OF EMPLOYMENT AND COMPENSATION
• 7.1 The EMPLOYER and the UNI�N are in full agreement that the philosophy
of employment and compensation shall be a "cash" hourly wage and
"industry" fringe benefit syetem.
7.2 The EMPLOYER aha11 compensate employees for all hours worked
at the basic hourly wage rat� and hourly fringe benefit rate as
- found in Articles 12 (WAGES) and 13 (FRINGE BENEFITS) .
7.3 No other compensation or fringe benefit shall be accumulated
or earned by an employee except sa specifically provided for
in this AGREEMENT; except thos:e employees who have individually
optioned to be "grandfathered" as provided hy 12.2,
•
•
- 7 -
ARTICLE VIII - HOURS OF WORK
���1��
! 801 The nor�mal work day shall be eight (8) consecutive hours per day, �j9�$�
excluding a thirty (30) minutie uapaid lunch period, between 7:00
aem. and 5:30 pomo
8.2 The normal work week shall be five (5) consecutive normal work
days Mflnday through Friday.
8.3 If, during �he term of this AGREEMENT, it is necessary in the
EMPLOYER'S �udgment to eatablish second and third shifts or a
work week of other than Monday through Friday, the UNI�N agrees
to enter into negotiations immediately to establish the conditions
af such shifts and/or work weeka.
8.4 This aection shall aot be construed as, and ia not a guarantee of,
� any houra of work per normal work day or per norma.l work week.
8.5 All employees shall be at the location designated by their supervisor,
ready for work, at the established starting tim� and shall remain
at an assigned work location until the end of the established work
day unleas otherwise directed by their supervisorm
- 8.6 All employees are sub�ect to call-baek by the EMPLUYER as provided
by Article 10 (CALL-BACK),
8.7 Employe�s reporting for work at the eetablished starting time and
for whom no work is available shall reeeive 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
. work day.
- 8 -
ARTICLE IX - OVERTIME
� 9s1 All overtime compensated for by the EMPLOYER must receive prior
authorization from a designated E1�LOYER supervisor. No overtime
work claim will be hmnmred for payment or credit unless approved in
advancee An overtime claim will not be honored, even though shown
. on the time card, unless the required advance approval has b�en
obtained.
9e2 The overtime rate of one and one-half (1�) the basic hourly rate
shall be paid for work performed under the following circumstances:
9.21 Time warked in excees of eight (8) hours fn any one
normal work day and
9022 Time worked on a sixth (6) day following a normal
work week.
� 903 The overtime rate of two (2) times the basic hourly rate shall be
paid for work performed under the following circumstances:
9.31 Time worked on a holiday as defined in Article 16
(HOLIDAYS);
9e32 Time worked on a seventh (7) day following a
normal work week; and
9033 Time worked in excess of twelve (12) consecutive hours
• in a twenty-four (24) hour period, provided, that all
"emergency" work required by "Acts of God" shall be
compensated at the rate of one and one-half (l�g) .
9e4 For the purposes of calculating overtime compensation overtime hours
worked shall not be "pyramided", compoundeat, or paid twice for the
• same hours worked.
905 Overtime hours worked a� provided by this ARTICLE shall be paid in cash.
- 9 -
ARTICLE X - CALL BACK
. 1001 The EMPLOYER retain� the right t� call back employeea before an
employee has started a normal work day or normal work week and
after an employee has completed a normal work day or normal work
week.
1002 Employees called back shall receive a minimum of four (4) hours
• pay at the basic hourly rateo
1Qe3 The hours worked based a a call-back shall be compensated in
accordance with Article 9 (�VERTIME), when applicable, and sub�ect
to the minimum established by 1002 above.
10.4 Employees called baek four (4) hours or less prior to their normal
work day shall complete the normal work day and be cmmpensated
• only for the overtime hours worked in accordance with Azticle 9
(OVERTIME)m
•
- 10 -
����'�
ARTICLE XI - WORK LOCATION, RESIDENCY
(�a�-�
, 11.1 Employees shall report to work location as asaigned by a designated
EMPLOYER supervisoro During the normal work daq employees may be
assigned to other work locations at the discretion of the EMPLOYER.
11.2 Employees assigned to work locations during the normal work day,
other than their original aesignment, and who are required to furnish
. their awn transportation shall be compensated for mileage.
],1.3 All new employees appointed after January l, 1976, would be required
to reside in the City of Saint Paul within one qear of their origiaal
appointmeat, and thereafter would be required to remain within the
Ci.ty limits as long as they were employed by the City of Saint Paul.
11.4 This residency requirement shall apply to unclassified employees as
• well as classified employeea.
11.5 Applicants for positions in the City of Saint Paul will not be requirecl
to be residents of the City of Saint Paul.
11.6 Emp�oyees failing to meet the residency requirement will be sub�ect
to termination and a hearing proceas shall be established to determine.
• whether the residency requirement was met.
•
- 11 -
t�RTICLE XTT - WAGES
. 1201 The basic hourly wage rates as establiahed by Appendix C sha�l be
paid for all hour� worked by an employee.
1202 Employees who are covered by the fringe benefits listed below shall
continue to be covered by such benefits. They shall be subject to
all other provisions of the AGREEMENT, but shall not have hourly
. fringe benefit contributions and/or deductions made on their behalf
� as provided for by Article 13 (FRINGE BENEFITS) .
12021 Insurance benefita as established by City of Saint Paul
Resalutions ineluding health insurance for early retirees
who have retired siace February 1, 1975. In order to be
eligible for the health ben�fits und�r. the early retiree
provision, the emplvyee must:
� Be receiving benefits from a public employee
retirement act at the time of retirement.
Haee severed his relationship with the City of
Saint Paul under one of the early retiree plans.
12022 Sick Leave as established by Ordinance No. 3250, Section 35,
Subdivision Eo
12023 Vacation as establiehed by Ordinance No, 6446, Section 1,
• Subdivision F, however, employees in this bargaining unit,
�overed by this vacation provision, shall be granted vacation
at the rate of 160 hQUrs in each calendar year.
12024 Nine (9) legal holidays as established by Ordinance No. 6446,
Seetion 1, Subdivision G.
12.25 Severance benefits as established by Ordinance No. 11490 with
a maximum payment of $4,000.
.
- 12 -
ARTICLE XIT - WAGES - (continued)
� �2a3 Regular employeee not covered by the fringe benefits listed in Article
12,2 shall be considered, for the purposes of this AGREEMENT, partic�pating
employees and shall be cmmpensated in accordance with Article 12.1 (WAGES)
and have fringe beaefit contributions and/or deductions made on their behalf
_ as provided for by A�ticle 13 (FRINGE BENEFITS) .
. 12.4 Provisional, temporary, and emergency employees shall be cmnsidered, for
the purposes of this AGREEMENT, partic�pating employees and shall be com-
pensated in accordance with Article 12.1 (WAGES) and have fringe benefit
contributions and/mr deductions made in their behalf as prov�ded for by
Article 13 (FRINGE BENEFITS).
12.5 All regular employees employed after February 15, 1974, shall be considered,
for the purpose of this AGREEMENT, participating employees and sha�l be
� compensated in aecordance with Article 12a1 (WAGES) and have tringe benefit
contributians and/or deductions made on their behalf as provided for by
Article 13 (FRINGE BENEFITS).
�
- 13 -
ARTICLE XIII - FRINGE BENEFITS ,�b'';����
� 1301 The EMPLOYER ahall make contributions on behalf of and/or
make deductions from the wages of employees covered by thie
AGREEMENT in accordance with Appendix D for all hours worked.
�
�
- 14 -
ARTICLE XIV - SELECTTON OF FOREMAN AND GENERAL FOREMAN
. lkol The selection of personnel for the class of position Sheet
Metal Foreman shall remain solely with the EMPLOYER.
14.2 The clasa of poaition Shaer Metal Foreman shall be filled
by employees of the bargaining un�t on a "temporary aseignment".
14.3 All "temporary aseignments" shall be made only at t'he 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 mor� than one (1) normal,
work day.
�
�
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*�ll����
ARTICLE XV - RETIREMENT
I����
� 15.1 All employeea shall retire from employmeat with the EMPLOYER
no later than the last calendar day of the month in wh�eh an
emplQyee beccsmes aixty-five (65) years old.
�
�
- 16 -
ARTICLE XVI - AOLIDAYS
• 1601 The following nine (9) days sha11 be desi$nated as holidays:
New Year's Day, January 1
President's Day, Third Monday in February
Memorial Day, last Monday in Ma.y
Independence Day, July 4
Labor Day, first Monday in September
Columbus Day� aecond Monday in October
Veteran's Day, November 11
- Thanksgiving Day, fourth Thursday �n November
Christmas Day, Decembez 25
16.2 When New Year's Day, Independence Day or Christmas Day falls on a
Sunday, Che following Moaday shall be cvnsidered the deaignated
• holiday. When any of the$e three (3) holidays falls on a Saturday,
the preceding Fr�day shall be cmnsidered the designated holiday.
16.3 The �ine (9) holidays shall be cons�der�d non-work days.
1604 If, in the �udgment of the EMPLOYER, person�el are necessary for
operating or emergency reasons, employees ma.y be scheduled or
. "called back" in accordance with Article 10 (CALL BACK) .
_ �6a5 Employees working on a designated hol�day sha11 be compensated at
the rate of two (2) times the basic hourly rate for a11 hours worked.
•
- 17 -
ARTICLE XVII - DISCIPLINARY PROCEDURES
� 17e1 The EMPLOYER shall have the right to impose disciplinary actions on
employees for �uat cause.
17.2 Disciplinary actions by the II�LOYER shall include only the
following actions:
17.21 Ora], reprima.nd
. 17.22 Written reprimand
� 17.23 Suspension
17.24 Demotion
17.25 Discharge
17.3 Employees who are suspeaded, demoted, or d3.acharged shall have the
right to requeat that such actions be reviewed by the Civil Service
Commission or � designated Board of Rev�ew. The Civil Service
� Commissio�, or a deaignated Board of Review, ahall be the sole and
exclueive me�ns of reviewing a suspension, demot3on, or discharge.
No appeal of a auspensioa, demotion, or- diacharge sha11 be �onei.dered
a "grievance" for the purpose of processing through the provisions
of Article 23 (GRIEVANCE PROCEDURE) .
�
- 18 -
ARTICLE XVIIT - ABSENCES FROM WURK ^'��3��
1�� � �
• 18.1 Employees wha are unable tp report for their norn►al work day hav�e
the responsibility to notify the�r supervisor of such absence as
soon as poss3ble, but in no �vent later than the beginning of such
work day.
18.2 �ailure to make such z�otification may be grounds for d3.scipline
. as provided in Article 17 (DZSCIPLINARY PROCEDURES) .
18.3 Failure to report for work without natification fox three (3)
consecutive normal work days may be considered a "quit" by the
EMPLOYER on the part of the employee.
�
�
- 19 -
ARTICLE XIX - SENIORITY
• 19.1 Sentority, for the purposea of thie AGREEMENT, shall be defin�d as
follows:
19.11 "Ma.ster Seniority" - the length of continuous regular
and probationary serv�ce with the EMPLOYER from the
last date of en►ployment ia any and all class titles
covered by thia AGREEMENT.
19.12 "Class Seniority" - the length of continuous regular
and probationary service with the EMPLOYER from the
� date an emplopee was first appointed to a class tit�e
covered by this AGREEMENT.
19.2 Senior:Cty sha�.l not accumulate during an unpaid leave of absence,
e�cept when such a leave is granted for a period of less than thirty
� (30) caleadar days; ie granted because o� illnesa or in�ury; is
granted tv allow an employee to accept an appointment tm the
unclassified service of the �1�LOYER or tc an elected or appointed
full-time position w�th the UNION.
1903 Seniority ahall termiaate when an employee retires, resigns, or is
diacharged.
. 19.4 In the event it ia determined by the ENk'LOYER that it is necessary to
reduce the work force employees will be laid off by class title within
each Department based on inverse leagth mf "Class Seniority." Employees
laid off shall have the right to reinatatement in any lower-paid class
title, provided, employee has greater "Master Seniority" than the employee
being repTaced.
19.5 The selection of vacation periods shall be made b�► class title based on
. length of "C1ass Seniority", sub�ect to the approval of the EMPLOYER.
- 20 -
ARTICLE XX - JURISDICTION
20.1 Disputes concerning work �urisdiction between and among unions i$
• recognized as an apprmpriate sub�ect for determination by the various
unioas representing employees of the EMPLOYER.
20.2 The EMPLOYER agrees to be guided in the assignment of work �urisdiction
. by any mutual agreements between the unions �nvolved.
, 20.3 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 diapute or to restrict the EMPLOY�R'S basic
right to assiga work.
20.4 Any employee refusing to perform work assigned by the EMPLOYER and as
� clarified by Sections 20.2 aad 20.3 above shall be sub�ect to disciplinary
action as provided in Article 17 (DISCIPLINARY PROCEDURES).
20.5 There shall be no work stoppage, slow down, or any disruption of work
resulting from a work assignment.
•
- 2� -
ARTICLE XXI - SEPARATION
� 21.1 Employees having a probationary or regular employment atatus shall
be considered separated from employment based on the fmllowing
actions: '
21.11 Resignation. Employeas resigniag from employment.
shall give written notice f'ourteen (14) calendar
days prior to the effective date of the resignation.
' 21.12 Retirement. As provided in Article 15>
21.13 Discharge. As provided in Article 17.
21.14 Failure to Report for Duty. As provided in Article 18.
2102 Employees having an emergency, temporary, or provieional employment
status may be terminated at the discretion of the EMPLOYER before the
completion of a normal work day.
�
�
- 22 -
ARTTCLE XXII - TOOLS
� 2201 Al1 employees shall personnally provide themselves with the tools
of the trade as listed in Appendix B.
�
�
- 23 -
ARTTCLE XXITI - GRIEVANCE PROCEDURE �5��,��
�[�a��
� 2301 The EMPLOYER shall recognize Stewards aelected in accordance with UNION
rules and regulations aa the grievance representative of the bargaining
unit. The UNION shall notify the EM�.'LOYER in writing of the names of
the St�warals and of their successora when so named.
' 23.2 It is recognized aad accepted by the EMPLDYER and the UNION that the
p�ocesaing of gri�vaaces as hereinafter provided is limited by the �ob
• dutiea and re�ponaibilities of the employees and shall ther�fore be
accomplished during working houra only when consistent with such
emp],oyee duties and reaponsibiYities. The Steward involved and a
g�rieving employee shall suffer no loss in pay when a grievance is pro-
cessed 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.
23.3 �he procedure eatabliahed by this ARTICLE shall be the sole and exclusive
proceduxe, except for the appeal of disciplinary action as provided by
1703, for the processing of grievancee, which are defined as an alleged
violation of the terms and conditions of this AGREEMENT.
2304 Grievancea ahall be reaolved in conformance with the following procedure:
� Step lo Upon the occurence 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
�
- 24 -
ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
to the employee'a satisfaction by the informal discussion
� it may be reduced to writing and referred to Step 2 by
the UNION. The written grievaace shall set forth the
nature of the grievance, the facts on which it is mas�d,
the alleged section(s) of the AGREEMENT violatad, and the
' relief requested. Any alleged violation of the AGREEMENT
not reduced to writiag by the UNION within seven (7)
' calendar days of the first occurrence of the event giving
rise to the grievance or within th� 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 deaignated 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 tm the UNION within three (3)
calendar days following this meeting. The UNION may refer the
grievance in writing to Step 3 within seven (7) c�lendar days
following rec�ipt 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
consi�ered waived.
•
- 25 -
ARTICLE XXIYI - GRIEVAI�CE PROCEDURE (continued)
� Step 3o Within seven (7) calendar days following receipt of a grievance
referred from Step 2 a deaignated EMPLOYER supervisor shall meet
with the UNION Businese Manager or his deaignated 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 gri�vance.
� 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 to in writing by the UNION to Step 4 within
seven (7) calendar days following receipt of the EMPLOYER'S an�wer
shall be considered waived.
Step 4. If the grievance remains unresolved, the UNION may within aeven (7)
� calendar days after th� response of the EMPLOYER in Step 3, by
written notice to the EMPLOYER, request arbitration of the grievancea
The arbitration proceedings shall be cmnducted by an arbitrator to
be selected by mutual agreement of the EMPLOYER and the UNION within
seven (7) calendar daye after notice has meen giveno If the parties
fail �o mutually agree upon an arbitrator within the said seven (7)
, day period, either party may requeet �he Public Employment Relation
Board to submit a panel of five (5) arbitrators. Both the EMPLOYER
and the UNION shall haue the right to strike two (2) names from the
panel. The UNION shall strike the first (lst) name; the EMPLOYER
ahall then strike one (1) name< The process will be repeated and
the remaining persoa shall be the arbitratoro
�
- 26 -
����
ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) 1�a��
t
. 23.5 The arbitrator shall have no right to amend, modify, nullify, ignore,
add to, or subtract from the provisions of this AGREEMENT. The arbitrator
shall conaider aad decide only the specific issue submitted in writ3ng by
the EMPLOYER and the UNION and ahall have no authority to make a decision
on any other issue not so submitted. The arbitrator shall be without
power to make decisio�ts contrary to or inconsistent with or modifying or
' varying in aay way the application of laws, rules, or regulations ha.ving
,.�:,.°-- 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 extenaiono The decision shall be based solely on the arbitrator'a
interpr�tation or application of the expresa terms of this AGREEMENT and to
the facts of the grievance presented. The d�cision of the arbitrator shall
• be final and bin�ing on the EMPLOYER, the UNION, and the employees.
.
- 27 -
ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
� 23.6 The fees and expense� for the arbitrator's services and proceedings
shall be borne equally by the EN�ZOYER and the UNION, provided that
each party shall be reaponsible for compeasating its own representative
and witnesaesm If either party deaires a verbatim record of the
proceedings, it may cause such a r�cord to be made providing it pays
for the record.
• 23.7 The time limits in each step of this procedure may be extended by
mutual agreement of the EMPLOYER and the UNION.
�
.
- 28 -
ARTTC�E XXIV - RIGHT OF SUBGONTRACT
• 24.1 The EMPLOYER may, at any time during the duration of this
AGREEMENT, contract our work done by the employees covered
by this AGREEMENT. In the event that such contracting wmuld
result in a reducticn of the wmrk force covered by this
. AGREEMENT, the EMPLOYER shall give the tJNION a ninety (90)
ca�endar day notice of the intention to sub-contract.
� 24>2 The sub-contracting of work doae by the employees covered
by this AGREEMENT shall in all cases be made only to employers
who qualify in accordance with Or�inanee Noo 14013.
�
•
- 29 -
ARTICLE XXV - NON-DISCRIMINATION
• 2So1 The terms and conditions of this AGREEMENT will be applied to
employees equally without regard to, or discrimination for or
againat, any individual because of race, color, creed, aex,
age, or because of inembership or non-membership in the UNI�N.
� 25.2 Employees will perform their duties and responsibilities in
a non-discriminatory manner as such duties and responsibilities
' involve other employees and the general public.
�
.
- 30 -
ARTICL�E XXVI - SEVERABILITY ������
• 26,1 In the event that any provi�ion(s) of this AGREEMENT is declared 1�a��
to be contrary to law by proper legislative, administrative, or
�udicial authority from whose finding, determination, or decree
no appeal is taken, such provision(s) shall be voided. All other
provisione shall continue in fu11 force and effect.
26m2 The parties agree to, upon written notice, enter into negotiations
• to place the voided provieions of the AGREEMENT in compliance with
the legislative, administrative, or �udicial determination.
�
�
- 31 -
ARTICLE XXVII - WAIVER
� 27.1 The EMPLOYER and the UNION acknowledge that during the meeting
and negotiating which resulted in this AGREEMENT, each had the
right and opportunity to make propoeals with respect to any
sub�ect 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 AGREII�NT a
�,,...
2702 Therefore, the EMPLOYER aad the UNION for the duration of this
AGREEMENT agree that the other party shall not be obligated to
meet and negotiate over any term or conditions of employa�ent
whether specifically covered or not specifically covered by this
AGREEMENT. The UNION and EMPLOYER may, hmwever, mutually agree
� to modify any provision of this AGREEMENTe
27.3 Any and all prior ordiaances, agreements, resolutions, practic�s,
policiea, and rules or regulations regarding the tezms and
conditions of employment, to the extent they are inconsistent
with this AGREEMENT, are hereby supersedede
�
- 32 -
�s����
ARTICL,E XXVIII - CITY MILEAGE PI,AN I�a��
� 2801 Automobile Reimbursement Authorized: Pursuant to Chapter 92A of the
Sta Paul Legialative Code, as amended, pertaining to reimbursement of
City officers and employees for the use of their own sutomobiles in
the performance of their dutiea, the following provisions are adopted.
� 28Q2 Method of Computation: To be eligible for such reimbursement all
officers and employees must receive written authorization from the
Mayoro Reimbursement shall be made in accordance with one of the
following plans:
Type 1. For thoae officers and employees who are
required to use their own automobiles occasionally
for official City busineas, reimbursement at the
rate of 13 cents for each mile driven.
Type 2o For those officers and employees who axe
required to use their own automobiles on a regular
basia on City business, reimbursement at the rate
� of $2050 for each day of work, and in addition
thereto at the rate of 6.5 cents for each mile driven.
2803 Rules and Regulationa: The Mayor shall adopt rules and regulations
governing the proeedurea for aut�mobile reimbur�ement, which regulations
and rules shall contain th� requirement that recipients �hall file daily
reports indicating place of origin an� deetination and applicable mileage
ratings thereat and indic�ting tota�l mile� driven, and ahall file monthly
affidavits stating the numbers of days worked and the number of miles driven,
� and further required that they maintain automobile liability insurance in
amounts not less than $1U0,00U/300,000 for per�onal in�ury, and $25,U00
for property damage. These rules and regulations, together with any
amendments thereto, shall be maintained on file with the City Clerk.
2804 The provision� of thie Article shall not apply to employeea of
• Independent Sehool District N�o 6250
- 33 -
ARTICLE XXIX - MILEAGE - INDEPENDENT SCHOOL DISTRICT 4�625
. 29a1 Employees of the School District und�r policy adopted by the
Board of Education may be reimbursed for the uae of their auto-
mobiles for school businesso To be eligible for such reimbursement,
�mployees must receive authorization from the District Mileage Committee
utilizing one of the following plans:
PLAN "A" is reimbursed at the rate of 15C per mile.
In addition, a maximum amount which caa be pai� per
� month is establiahed by an estimate furaiahed by
� the employee and the employee's supervisar.
Another consideration tor establiahing the max3mum
amount can be the experience of another w�rking in
the same or similar position.
Under this plan, it is necessary for the employee to
keep a record of each trip made.
PLAN "C" provides for reimbursement based on a per
month�rlump sum" amounte This amount ia determined
� by the employee's driving experieace under Plan "A"
for a period of 3 to 6 months. Those employees
receiviag an auto allowance under this plan must
repmrt monthly the number of days the car was avail-
able during the month. A deduction muat me made
from the lump sum amount for each day the employee
is on vacation. A deduction need not be made for
an occasional day of illness or for holidsy.
�
- 34 -
ARTICLE XXX - DURATION AND PLEDGE
30.1 This AGREEMENT shall beccme effective as of the date of signing,
• except as specifically provid�d otherwise in Articles 12 aad 13,
and shall remain in effect through the 30th day of April, 1978,
and cmntinue in effect from year to year thereafter unless
aotice to change or to termiaate is given in the manner provided
� in 30.2.
� 30.2 If either party desirea to terminate or modify this AGREEMENT,
effective as of th� date af expiration, the �arty wishing to
� mmdify or terminate the AGREEMENT shall give written notice to
the othar party, not more than niaety (90) or l�ess thaa sixty (60)
calendar days privr to the expiration date, �rovided, that the
AGREEMENT may only be so terminated mr modifieal effective as of
the expiration date.
�
30.3 In consideration of the terms and conditions of employment estab-
lishad by this AGREEMENT and the recmgnition that the GRIEVANCE
PROCEDURE herein established is th� meana by which grievances con-
cerning its application or interpretation may be peacefully resolved,
the parties hereby pledge that duriag the term of the AGREEMENT:
30.31 The UNION and the employees will not engage in,
instigate, or cmndone any concerted action in
which employees fail to repmrt for duty, will-
fully absent thamselvea from work, stop work,
alow down their work, or absent themselves in
whole or part from the full, faithful �erfor-
mance of their duties of employment.
.
. - 35 -
ARTICLE XXX - DURATION AND PLEDGE (continued)
�
30.32 The EMPLOYER will not engage in, instigate,
of condone any lock-out of employees.
30.33 This constitutes a tentative agreement between
the parties which will be recommended by the
City Negotiator, but is subject to the approval
� of the Administration of the City, the City
Council and Independent School District No. 625
and is also sub�ect to ratification by the Association.
AGREED to this 5th day of May, 1977, and attested to as the
full and complete understanding of the parties for the period of time herein
specified by the signature of the following representative for the EMPLOYER
• and the ASSOCIATION:
WITNESSES:
SHEET METAL WORKERS INTERNATIONAL
CITY OF SAINT PAUL ASSOCIATION, LOCAL 76
� � � r 'r
L bor Relat ns D Business Manager
r--1
� Civil Service Commission
Mayor
City Attorney
�
Independent School District 625
- 36 -
APPENDIX A
� The clasees of positioas recvgn�zed by the EMPLOYE� is being excluaively
represented by the UNION are as follows;
Sheet Metal Workez - Foxemaa,
Sheet Metal Worker,
' Apprentice,
Sheet Metal Inapectpr;
and other classes of positiona that may be established by the EI�LOXER
wher� the duties and xeaponsibilities a��igned comea within the �uxisdictiqn
of the UNION.
�
�
- A1 -
APPENDIX B
• Tool Box
Whitney, Sma11
Cresent Wre�ch or aet of Qpmn Eaal Wrenches
Center Purches
� Hack�aw Frame
Chisels
' Sma�l Hand Tot►gs
6' Fmlaling Rule
Screw Dr�,v�r
Scratch Awls
Pliers
Snips, Straight-aviae�on L and 1�
. Hammers (Tinners)
Do11y Bar
Cmmbination Square
Prick Punch
10' Tape
Dividers
.
•
_ gl �
APPENDIX C
• The basic hourly wage rate for pxovis�onal, regulax and pxobationary
employees appointed to the �ollowing classes of poaitions and not receiving
the Fringe Benefits listed in Article 12.2 ahall be:
Effec�iye
May 1, 1977
Sheet Metal Worker . . . . . . . . . . . . . $10.�33
Sheet Metal Worker - Foreman . . . . . . . . $11,55
The basic hourly wage far tempor�ry aad em�xgency emplayees appointed
to the fcllowing classes of positions ahall be:
Effective
May 1, 1977
Sheet Metal Worker . . . . . . . . . . . . . $11.26
Sheet Metal Worker - Foreman . . . . . . . . $12.01
� Apprentice
0 - 6 months . . . . . . . . . . . . 50% of Sh�et Metal Worker rate
7 - 12 months . . . . . . . . . . . . 5S� of Sheet Metal Worker rate
13 - 18 months . . . . . . . . . . . . 60X of Sheet Metal Worker rate
19 - 24 months . . . . . . . . . . . . 65� of Sheet Metal Worker rate
25 - 3U months . o . . . . . . . . e . 70Y of Sheet Metal Woxker rate
, 31 - 36 months . . . . . . . . . . . . 75� of Sheet Metal Worker rate
37 - 42 months . . . . . . . . . . . . 80y of Sheet Metal Worker rate
�
�+3 - 48 months . . . . . . . . . . . . 9U� of Sheet Metal Worker rate
The basic hourly wage rate for regular employees appoit�ted to the follow3ng
cl�sses of positions who are receiving the Fringe Benefits listed in Article 12.2
shall be:
•
- C1 -
APPENDIX C (continued)
� Effect3ve
May 1, 1977
Sheet Metal Worker . . . . . . . . . . . . . $10.07
Sheet Metal Workez - Foremaa . . . . . . . . $10.68
. Sheet Metal Inspector. . . . . . . . . . . . $10.65
�
•
i
- �2 -
APPENDIX D ������
• I(oa87
Effective May l, 1977 the EMPLOYER sh�ll:
(1) contribute $ .69 per hour for all houre worked by
participating employeea as defined in Articles 12.3,
,12.4 and 12.5 of this AGREEMENT to a Welfare Fund.
, (2) contribute $ .8U per hour for all hours worked by
participating employees as defined in Articles 12.3,
�
. 12.4, and 12.5 of this AGREEMENT to a Penaimn Fund.
(3) deduct $1.05 per hour fox a],1 hours wmrked from tY�e
I earnings of participatiag employeee as defined in
Articles 12.3, 7.2.4 and �2.5 of this AGREEMENT, and
forward to a Vacation Fund.
(4) contxibute $ .06 pex hour for all hours worked by
paxticipating employees as de£�ned ia Articlea 12.3,
• 12.4 and 12.5 of this AGREEMENT, to the Jmuraeyman
and Apprenticeship Training Fund.
All contributiona and deductions made in acc�rdance with this Appendix
shall be f�rwarded to depositories as diracted by the UNION.
The EMPLOXER shall establish Workman's Compenaation and Unemp�oyment
• Compensation programs as required by Minneamta Statut�s.
:
The EMPLOYER'S fringe benefit obligation to participating employees as
defined in t�rticles 12.3, 12.4 and 12.5 is limite� to th@ contribut�o�ns and/mr
deductions established my this AGREEMENT. The aetual level of benefits pro-
vided to employees shall be the r�aponsibility of _the �rustees of the various
funds to whi,ch the EMPLOYER has forwarded contributions and/or deductions,
•
- Dl -
� . . � . r�n�lutn �rom the a�`�'.����
. ,: . Do not tle�ach thf3 m�t� . �
ordin�nce so that tMis information wiN be OM O1; 12!i g7:5
�.,;-;��b'e to the City Cot!ncit.� Rev. i 9/8
. . .��;�
. EXPLANATI4N OF AD1�tiNISTRATIVE QRDERS, 1 �
� RESOLUTION�� AND O�DII�JANC�S . I�a c��j�
Date: May 12, 197?
. ��� � � � � � �
TO: M1�YOR GEORGE �LATIMER t +�°�,z` `� � ,���� ,
FR; Persoanel Office � . �V4,+4V'C�R"S G'�FIC� .
RE; Ordina.nce for aubmissioa to City Council.
� � ' ' � ' . . � . ' �Z
. . � . � � . . . - . _ �..i
ACT��N RERUES'�ED:
I recommend yo�r approval and submis�ion of this Ordinaace to the City Cowscit.
PURPOSE AND RATIQNALE FOR THIS.ACT�ONt
This Ordinance approves the 1977-78 Agreemeat between the City, LSD No. 6�5 a.ad �-�----�
' the S�eet Metal Local No. 76. This Agreement involves a wage chaage ovcr the 1976-
1977 Agr�eemeat. �
The tot�l package iacrease is . ?5 per hour whi.ch is baaed on the outside tuiioti settlem�at.
Of �th$,s .75, . 58 .is applied to the wage rate aad . 17 is taward fri�g� benefits.
ATTACHMENTS:
Ordiaa.nce, copy for City Clerk aad Maimteaa.nce Labor Agreement. '
,
,
. �
ls t �(� / � 2nd �(i / �(��
3rd �_. �� / Adopted � � /
�
Yeas Nays
BUTLER
HOZZA
H�T 269�9�
1 ,
LEVINE .
ROEDLER �
TEDESCO
PRESIDENT (SYLVESTER)
\