269552 WHITE - CITY CLERK �69552 .
PINK - FINANCE G I TY OF SA I NT PAU L Council
CANARV -DEPARTMENT �
.�LUE - MAVOR File NO•
, ouncil Resolution
�
Presented By
Referred To Committee: Date
Out of Committee By Date
An administrative Resolution approving the terms and
conditions of a 1977 Maintenance Labor Agxeement between
the City of St. Paul, Independent School District No. 625,
and the Twin Cities C�laziers and Glass Workers Local 1324.
WHEREAS, the Council, pursuant to the provisions of Section 12. 09
of the St. Paul City Charter and the Public Employees Labor Relations Act
of 1971 , as amended, recognizes the Twin Cities Glaziers and Glass Workers
Local 1324, as exclusive representative for those classes of positions withi.n
the City of St. Paul certified by the Bureau of Mediation Servlces under Case
No. ?3-PR-510-A for the purpose of ineeting and negotiating thefirms and
conditions of employment for all full-time personnel in the classes of positions
as set forth in the Agreement between the City and the exclusive representatives
herei.nabove referenced; and
WHEREAS, the City, through designated representatives, and the exclusive
representatives have met in good faith and negotiated the terms and conditions of
employment for the period May 1,, 1977, through May 31, 1978, for such personnel
as are set forth in the Agreement between the City of St. Paul, Independent School
District No. 625, and the exclusive representatives; and
WHEREAS, a 1 g?? Agreement has been reached which includes a wage adjust-
ment retroactive to May 1, 1977; now, therefore, be it
_1_
COUIVCILMEN Requested by Department of: '
Yeas Nays
Butler
Hozza [n Favor
Hunt
Levine ' __ Against BY
Roedler
. Sylvester
Tedesco
- Form pro ed by City Attorney
Adopted by Council: Date —
� Certified Passed by Council Secretary BY '
sy
Approved by Mayor: Date Approv d by Mayor for Submi ion a.�ouncil
By BY
WHITE - CITV CLERK z69552
PINK - FINANCE G I TY O F SA I NT PA IT L Council
CANARV - DEPARTMENT �
lLUE - MAVOR F11e NO.
Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
-2-
RESOLVED, that the Maintenance Labor Agreement, cited above,
dated as of the effective date of this Resolution, between the City of St.
Paul, Independent School District No. 625, and the Twin Cities Glaziers
and Glass Workers Local 1324, 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.
Approved:
C airman
Civil Service Com ssion
COUNCILMEN Requested by Department of:
Yeas Nays �
Butler
—H�� In Favor t
Hunt O,
Levine __ Against BY _
Roedler
��
Tedesco
Adopted b � ouncil: Date �jp G 9_�� Form A rov d by Cit Attorney
Cert ed Pas Cou retary BY �
App ved by � or: D _ O1UG � O �I.9rI Approved by Mayor for Submission to Council
By BY
pUgl.tsNED AUG 2 fl �977
�
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1977
MAINTBNANCE LABOR AGREEMLNT
- between -
THE CITY OF SAINT PAUL,
THE INDEPENDENT SCHOOL DISTRICT N0. 625
• - and -
TWIN CITY GLAZIERS AND GLASS WORKERS
LOCAL N0. 1324
�
r
+ INDEX
� ARTICLE TITLE PAGE
Preamble iii
I Purpose 1
II Recognition 2
III Employer Rights 3
IV Union Rights 4
V Scope of the Agreement 5
VI Probationary Periods 6
VII Philosophy of Employment and Compensation 7
VIII Hours of Work 8
IX Overtime 9
X Call Back 10
XI Work Location, Residency 11
XII Wages 12
XIII Fringe Benefits 14
XIV Selection of Foreman and General Foreman 15
XV Retirement 16
XVI Holidays 17
XVII Disciplinary Procedures 18
XVIII Absences From Work 19
• XIX Seniority 20
XX Jurisdiction 21
XXI Separation 22
XXII Tools 23
XXIII Grievance Procedure 24
XXIV Right of Subcontract 29
XXV Non-discrimination 30
XXVI Severability 31
XXVII Waiver 32
XXVIII City Mileage Plan 33
}IXIX Mileage-Independent School District ��625 34
XXX Duration and Pledge 35
Appendix A A1
Appendix B B1
Appendix C C1
Appendix D D1
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P R E A M B L E
�
This AGREEMENT is entered into on this day of July, 1977, between
the City of Saint Paul and the Independent School District Nop 625, herein-
after referred to as the EMPLOYER and the Ttain City Glaziers and Glass Workers
Local 1324 hereinafter referred to as the UNION.
The EMPLOYER and the UNION concur that this AGREEMENT haa as its
objective the promotion of the responsibilities of the City of Saint Paul
for the benefit of the general public through effective labor�management
covperation.
�
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 responsibilityo Constructive attitudes of the City,
the UNIUN, and the individual employees will best serve the needs of the
general publica
.
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. . ARTICLE I - PURPOSE �"����
� lol The EMPLOYER and the UNION agree that the purpose for entering into
this AGREEMENT is to:
1.11 Achieve orderly and peaceful relatians, thereby
establishing a system of uninterrupt�d operations
and the highest level of employee performance that
is consistent with th� safety and well-being of
all concerned;
1012 Set forth r�.tes of pay, hours of work, and oth�r
conditions of employment as have been agxeed upon
by the EMPLOYER and the UNION;
1.13 Establish procedures to orderly and peacefully
resolve disputes as to the application or inter-
pretation of this AGREEMENT without loss af
• manpower productivity.
l02 The EMPLOYER and the UNION agree that this AGRFENI}:NT serves ae a
supplement to legislation that creates and directs the F.MM�LOYER. If '
any part of this AGREEMENT is in conflict with such ].egislation, the
latter shall prevail< The parties, on written aotice, agree to
negotiate that part in conflict so that it conforms to the atatute
as provided by Article 26 (SEVERABILITY).
•
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ARTICLE II - RECOGNITION
� 2.1 The EMPLOYER recognizes the UNION as the exclusive representative
for collective bargaining purposes for all personnel having an
employment status of regular, probatioaaxy, provisional, temporary,
and emergency employed in the classes o� poeitions defined in 2.2
as certified by the Buresu of Mediation Services in aGCOrdance with
Case No. 73-PR-51U-A dated May 11, 1973.
2.2 The classes of positions recognized as being exclusively represented
by the UNION are as listed �n Appendix A.
�
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' ������
• ARTICLE III - E1�LOYER RIGHTS
� 3>1 The E1�LOYER retains the right to operate and manag� all manpower,
facilities, and equipment; to establish tuactions and programs;
to set and amend budgets; to determine Che utilization of
technvlogy; to establish and modify the organ�zational structure;
to select, direct, and determ�Lne the number of personnel; and to
perfoxm any inherent managerial function not specifically limited
by this AGREEMENT.
3>2 Any "term or condition of employment" not establi�hed by this
AGREEMENT shall remain with the EMPLUYER to eliminate, modify, or
establish following written notification to the UNION.
�
�
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� ARTICLE IV - UNIUN RIGHTS
� 401 The EMPLOYER shall deduct from the wages of employees who authorize
such a deduction in writing an amount necessary to cover monthly
UNIUN dues. Such monies deducted shall be remitted as directed by
the UNION.
4e11 The EMPLOYER shall not deduct du�s from the wages
of employees covered by this AGREEMENT for any other
labor organizationo
4.12 The UNIUN sha�.l indemnify a�d save harmless the
EMPLOYER from any and all cla�ms or charges made
against the EMPLOYER as a result of the �mplementation
of this ARTICLE.
4.2 The UNION may designate one (1) employee from the bargaining unit to
� act as a Steward and shall inform the EMPLOYER in writing of such
designation. Such employee shall have the rights and responsibilities
as designated in Article 23 (GRIEVANCE PROCEDURE)e
4.3 Upon notification to a designated E1�'LOXER supervisor, the Business
Manager of the UNION, or his designated representative sha�l be
permitted to enter the facilities of the ENIPLOYER where employees
covered by this AGREEMENT are working.
�
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r
ARTICLE V - SCOPE OF THE AGREEMENT
� Sol This AGREEMENT established the "terms and conditions of employment"
defined by MaSo 179063, Subdo 18 for a11 employees exclusively
represented by the UNION. Thia AGREEMENT shall supercede such
"terms a�d condit�,ons of employment" established by Civil Service
Rule, Council Ordinance, and Council Resolutioao
�
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ARTICLE VI - PROBATIONARY PERIODS
� 6.1 All personnel, oxiginally 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 titness and ab�lity to perform
the class of positio�s' duties and responsibilities shall be evaluated.
6.11 At any time during the probationary periad an employee
may be terminated at the discxetion of the EMPLQYER
without appeal to the provisions of Article 23
(GRIEVANCE PROCEDURE).
6.12 An employee terminated during th� 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 pereonnel promoted to a higher class of po�it�on�s shall serve a aix
(6) months' promotional probationary period during which time the employee's
fitneas and ability to perform the class of positions' duties and responsi-
bilities shall be evaluated.
6.21 At any tiine during the promptional probationary period
an employee may be demoted to. the employee's previously
held class of positions at the disczetion of the
EMPLOYER without appeal to the provisions of Article 23
(GRIEVANCE PROCEDURE).
6.22 An employee demoted during the promotional probationary
period shall be returned to the employee's prev„Lously
held clasa of positions and shall receive a written
notice of the reasons for demotion, a copy of which
� shall be sent to the UNION.
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- �S� ��
ARTICLE VII - PHIL030PHY OF E1�LOYMENT ANA CO1�ENSATTON ti°L�,�
� 7.1 The E1�LOYER and the UNION ara in full agr�ement that the phi.losophy
of employment and compenaation shall be a "cash" hourly wage and
"industry" fringe menefit system.
7.2 The EMPLOYER ehall ccmpen�ate employeee for all hours worked at the
basic hourly wage rate an� hourly fringe b�anefit rate as found in
Articles 12 (WAGES) aad 13 (FRINGE BENEFITS).
7.3 No othar compensation or frings banafit shall ba accumulated or
earned by an �pioyee except a� �pecifically provided f4r tn this
AGREEMENT; axcept tho�e employeeee who hav� individua],ly optioned
to be "�randfathezed" ae provided by 12.2.
�
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ARTICLE VIII - HOURS OF WORK
• 8.1 The normal work day shall be eight (8) consecutive hours per day,
excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m.
and 5:30 p.m.
8.2 The normal work week shall be �ive (S) consecutive normal work days
Monday through Friday.
8.3 If, during the term of this AGREII�NT, it is ne�ceasary in the E1�RjL0YER'S
�udgment to eetablish second and third shifts or a work week of other
than Monday through Friday, the UNION agrees to �nter into negotiations
immedistely to establish the conditions of such shifts and/or work weeks.
804 This section shall not be construed as, and is not a guarantee of, any
hours of work per normal work day or per normal work week.
� 8.5 All employees sha11 be at the location designated by their supervisor,
ready for work, at the established starting time and sha11 remain at an
assigned work location until the end of the established work day unless
otherwiae directed by their supervisor.
8.6 All employees are subject to call-back by the EMPLOYER as provided by
Article lU (CALL BACK).
807 Employees reporting for work at the established atarting 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 work dayo
�
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ARTIC�,E IX - OVERTIME "������
� 9.1 Time on the payroll in excess of the normal hours set forth above
shall be "overitme work" and shall be done only by order of the
head of the department. An employee sha11 be recompensed for work
done in excess of the normal hours by being gxanted 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 sueh
overtime ahall be paid shall be determined solely by the EMPLOYERo
9.2 The rate of one and one-half (1!) the basic hourly xate shall be the
overtime rate for work performed under the following circumstances:
9.21 Time worked in exeess of eight (8) hours in
any one normal work day and;
9022 Time worked on a sixth (5th) day following a
normal work week.
� 9.3 The xate of two (2) Gimes the basic hourly rate shall be the overt3.me
rate for work performed under the following circumstances:
9.31 Time worked on a holiday as defined in
Article 16 - (IiOLIDAYS) ;
4032 Time worked on a seventh (7th) day following
a normal work week; and
9.33 Time worked in excess of twelve (12) consecutive
hours in a twenty-four (24) hour peziod, provided,
that all "emergency" work required by "Acts of God"
shall be compensated at the rate of one and one-half (1�) .
9.4 For the purpose of calculating overtitne compensat3on overtime hours
worked shall not be "pyramided", compounded, or paid twice for the
� same hours worked.
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� ARTICLE X - CALL BACK
� lU.l The EMPLOYER retains the right to call back employees before an
employee has started a normal work day or normal work week and
after an employee has completed a noxmal work day or normal work
week.
1U.2 Employees called back shall receive a minimum of four (4) hours
pay at the basic hourly rate>
10.3 The hours worked based on a call-back ahall be compensated in
accordance with Article 9 (OVERTIME) , when applicable, and subject
to the minimum eatablished by 10.2 above.
10.4 Employees called back four (4) hours or less prior to their normal
work day shall complete the normal work day and be compensated only
for the overtime hours worked in accordance with Article 9 (OVERTIME).
•
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ARTICLE XT - WORK LOCATION, RESIDENCY
� llol Employees shall report to work location as assigned by a designated
EMPLOYER supervisore During the normal work d�y employees may be
assigned to other work locations at the discretion of the EMPLOYERe
11.2 Employees assigned to work locations during the normal work day,
other than their original assignment, and who are required to furnish
their own transportation shall be compensated for mileageo
ll03 All new employees appointed after January 1, 1976, Would be required
to reside in the City of Saint Paul within one year of their original
appointment, and thereafter would be required to remain within the
City limits as long as they were employed by the City of Saint Pau�.
11.4 This residency requirement shall apply to unclassified employees as
� well as classified employeeso
11.5 Applicants for positions in the City of Saint Paul will not be required
to be residents of the City of Saint Paulo
11.6 Employees failing to meet the residency requirement will be subject
to termination and a hearing process �hall be established to determine
whether the res3dency requirement was meto
�
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ARTICLE XII - WAGES
� 12e1 The bas�c hourly wage rates as established by Appendix C shall be
paid for all hours worked by an employeeo
1202 Employees who are covered by the fringe benefits listed belmw shall
continue to be covered by such benefit�o 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 benefits as established by City of Safnt Paul
Resolutionso
12.22 Sick Leave as established by Ordinance Noa 3250, Section
35, Subdfvision Eo
12.23 Vacat�on as established by Ordinance Noo 6446, Section l,
� Subdivision Ho
12024 Nine (9) legal holidays as estab�ished by Ordinance No.
6446, Section 1, Subdividion Io
12.25 Severence benefits as established by Ordinance No. 11490
with a maximum payment of $4,OOOo
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ARTICLE XII - WAGES (continued)
������
• 12.3 Regular employees not cover�d by the fringe benef3ts liated in Article
�2.2 shall b� coasidered, for th� pu�pos�s pf this AGRE�MENT, partici-
pating employees and shall be �ompensate� in accordaace with Article 12.1
(WAGES) and have fringe benefit con�ributions and/qr deductions made on
their behalf ae provided for by Arz�cle 1� (FRINGE BENEFITS).
12.k Provisional, temporary, and emergency employees eha1� b� coasidered,
for the purposes of this AGREEMENT, participating employ�ee and shall
be comp�nsated in accordance with Article 12*1 (WAGES) and have fringe
benefit contributions and/o� deductions made in their behalf as provided
for by Article 13 (FRINGE �ENEFITS).
12.5 AlX regular employeee employed after February 15, 1974, shall be
consider�d, for the purpose of Ch�� AGREEMENT, parfi�cipating employees
� and shall be compensated in accoxdance with Article 12.1 (WAGES) and
have fringe benefit contributions and/or deductions made on their behalf
aa provided for by Article 13 (FRTNGE Bk�1EF�TS).
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ARTICLE XIII - FRINGE BENEFITS
� �3.1 The EMPLOYER shall make contribut�ons on behalf of and/or make
deductions from the wages of employ�es cov�red by thia AGREEMENT
in aceordanc� with Appendix D for all hours worked.
�
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ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN
� 14.1 The selection of �ersonne� for zhe class pf position of Foreman
shall zemain solely with the EMPLOYER.
�4.2 T1ne class of position of Foreman sha11 be fi�led by employees
of th� baxga3ning unit on a "temporary ass3gnment".
14.3 All "temporary assignments" sh�ll be �aa,de only at the di.rection of a
deaigaated EMPLQYER supervisor,
14.4 SuCh "temporary as�ignments" shall be atade only in caaes where the
class of posiCio�s is vacant for more than one (1) noxmal work dayo
�
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ARTZCLE XV - RETIREMENT
� 15.1 All �nnployees shall retire from employment with the E1�LOYER no
later than the last calendax day of the month ia which an employee
becomee ai�cty-five (65) yeara old.
•
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ARTICLE XVI - HOLIDAYS ,�'�(]���
t!
� 16.1 The following nine (9) days shall be desi,gnat�d as holidays:
New Year's Day, January 1
President's Day, Third Monday in Febxuary
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, first Monday in September
Columbus Day, second Monday in October
Veteran's Day, November 11
Thanksgiving Day, fourth Thursday �n November
Chxistmas Day, December 25
16,2 When N�w 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 holidsy.
16.3 The nine (9) holidays shall be considered non-work days.
� 16.4 If, in the 3udgment 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).
16.5 Employees working on a designated holiday shall be compensated at the
rate of two (2) �imes the basic hourly rate for all hours worked.
16.6 In the case of Board of Education employees, if Presidents' Day,
Columbus Day, or Veterans' Day fall on a day when school is in aession,
xthe employees shall work that day at straight time and another day shall
be designated as the holiday. This deaignated holiday shall be a day
on which school is �►ot �n session and ahall be determined by agreement
between the employee a�d his supervisor.
•
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ARTICLE XVII - DISCIPLINARX PROCEDURES
� 17.1 The EMPLOYER shall have the right to impose disciplinary actions on
employeea for �ust cauae.
17.2 Disciplinary actions by the EMPLOYER ahall include oaly the following
actions:
17.21 Oral reprimand.
17.22 Written reprimand.
17.23 Suspensiono
17.24 Demotion,
17e25 Discharge.
17.3 Employees who are euspended, demoted, or diacharged ahall have the
right to request tha,t such actions be reviewed by th� Civil Se�v�ce
Commiseion or a designated Board of Review. Th� C�,vil Service Commission,
� or a designated Board of Review, shall be the sole and exclusive means
of reviewing a suspension, d�motion, or discharge. No appeal of a
suapenaion, demotion, or discharge shall be considered a "grievance"
for the purpose of processing through the provisions of Article 23
(GRIEVANCE PROCEDURE).
.
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ARTTCLE XVIII - ABSENCES FRUM WORR
• 18.1 Emplayees who are unable to report for their normal work day have
the r�sponsibility to not;tfy their supervisor of such absence as
soon as possible, but in no event later than the beginning of such
woxk day.
18.2 Failure to make such notification may be ground for discipline as
provided �n Article 17 (DISCTPLINARX PROCEDURES),
18.3 Failure ta r�port for work without nvtification for three �3)
consecutive normal wark days may be cons3.dered a "quit" by the
EMPLOYER on the part p� the employee.
�
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ARTICLE RIX - SENIORTTY
� 19.1 Seniority, for the purposes of this AGREEMENT, ahall be defined as
follow�:
19.11 "Master Seniority" - The length of continuous regular
and probationary sexwice with the EMPLOYER £rom the
laat date of employmex�t in any and all clasa titles
cov�r�d by this AGREEMENT>
19.12 "Class Seniority" - The length of continuous regular
and prpbationary s�rvice with the EMPLOYER from the
date an employee wae first appointed to a class title
covered by thie AGREEM'L�NT.
19.2 Seniority ahall not accumulate during an unpaid leave of abaence,
except when auch a leave is granted for a period of lesa than thirty
� (30) calendar daye; is grant�d because of illness or in�ury; is
granted to allow an �mployee to accept an appointment to the
unclaasified service of the EMPLOYER or to an electad or appointed
Eull-time position with the UNION,
19.3 Seniority ehall terminate when an employee retires, r�signs, or is
diacharged.
19.4 In the event it ia determined by the E1�LOYER that it is necessary to
reduce the work force employees will be laid off by class title within
each Department baeed on invers� length of "Class Seniority", Employees
laid off sha11 have the right to reinetatement in any lower-p�id class
title. provided, employee has great�r "Master Seniority" than the
emplaye� being replaced.
� 19.5 The aelection of vacation periods ahall be made by class title based on
length of "Class Seniority", sub�ect to the approval of the E1�LOYERo
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ARTICLE XX - JURISDICTION
• 20.1 Disputes concerning work �urisdiction between and among unions is
recognized as an appropriate sub�ect to determination by the various
u�iona xepresenting employees of the EMPLOYER.
20.2 The EMPLOYER agrees to be guided in the aseignment of work �urisdiction
by any mutual agreements between the uniona involved.
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
poseible tc resolve the dispute. Nothing in the foregoing ahall reatrict
th� right of the EMPLOYER to accomplish the work as originally assigned
pend�ng resolution of the dispute or to reatrict the EMPLOYER'S basic
right to asaign work.
. 20.4 Any employee refuaing to perform work assigned by the E1�LOYER and as
clarified by Sectione 20a2 and 20.3 sbove shall be subject to disciplinary
act�on ae provided in Article 17 (DISCIPLINARY PROCEDURES) ,
20.5 There shall be no work etoppage, alow down, or any disruption of work
resulting from a work assignment.
•
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. ���°��
ARTICLE XXI - SEPARATIDN
• 21.1 Employees having a probationary or regular employment status shall
be considered separated from employment based on the following
actions:
21.11 Resi�Bnation. Employees resigaing from employment
ehall give written notice fourteen (14) calendar
days prior to the effective date of the resignation.
• 21.12 R�tirement. As provid@d in Article 15.
21.13 Discharge. As provided in Article 17.
21.14 Failure to Report for Duty. As provided in Article 180
21.2 Lmployees havimg an emergency, temporary, or proviaional employment
status may be terminated at the diacretion of the E1�LOYER before the
aampletion of a normal work day. �
�
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ARTICLE XXII - TOOLS
� 22.1 All employee$ shall personally provide themselves with the tools
of the trade as listed in Appendix Ba
�
�
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ARTICLE XXIII - GRIEVANCE PROCEDURE
. 23.1 The EMPLOYER shall recognize Stewards selected in accordance with UNION
rules and regul,ations as the grievance representative of the bargaining
unit. The UNION shal.l notify the F1�LOYER in writing of the names of
the Stewards and of their successors when so named,
23.2 It is recognized and accepted by the EMPLUYER and the UNION that the
processing of grievances as hereinafter provid�d is limited by the �ob
duties and responsibilities of the employees and shall therefore be
accomplished during working hours only when consistent with such employee
duties and responsibilities. The Steward involved and a grieving employee
s'hall suffer no loss in pay when a grievance is processed during working
ho�rs, provided, the Steward and the etaployee have notiEied and xeceived
the approval of their supervisor to be absent to proceas a grievance and
� that such absence would not be detrimental to the work programs of the
EMT'LOYER.
23.3 The procedure established by this ARTICLE shall be the sole and exclusive
procedure, except for the appeal of disciplinary action as provided by
17.3, for the processing af grievances, which are defined as an alleged
violation of the terms and conditions of this AGREEMENT.
23.4 Grievanc�s shall be resolved in conformance with the following procedure:
St, ep 1. Upon the occurence of an alleged violation of this
AGREEMENT, the employee involved sha11 attempt to
resolve the matter on an informal basis w3th the
employee's supervisor. If the matt�r is not resolved
.
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ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
• 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 alleg�d violation of the
AGREEMENT not reduced to writing by the UNION within
seven (7) calendar days of the first occurre�ce of the
event giving rise to the grievance or within the use of
reasonable diligence should have had 'knowledge of the
tirst occurrence of the event giving rise to the grievance,
shall be considered waived.
Set�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 UNTON 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 writ�ng by the UNION within seven (7)
calendar days following receipt af the EI�LOYER'S answer shall
be considered waived.
•
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ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) ������
• Step 3. Within seven (7) calendar days following receipt of a
grievance referred from Step 2 a desigaated EMPLOYER
supervisor shall meet with th� UNION Business Manager
or his designated representative and attempt to resolve
the grievance. Within seven (7) c�lendar days following
this meeting the EMPLOYElt shall reply in writing to the
UNION stating the EMPZOYER'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 to
in writing by the UNION to Step 4 within seven (7)
calendar days following receipt of the EMPLOYER'S
answer $hall be considered waived.
�
Step 4. If the grievance remains unresolved, the UNION may
within seven (7) caleadar days after the response of
the EMPLOYER in Step 3, by written notice to the
EMPLOYER, request arbitration of the grievance�. The
arbitration proceedings shall be conducted by an
arbitrator tv be selected by mutual agreement of the
EMPLOYER and the UNION within seven (7) calendar days
after notice has been given. If the parties fail to
mutually agree upon an arbitrator within the said
seven (7) day period, either party may request the
Public Employment Relation Board to submit a p�nel
of five (5) arbitrators. Both the EMPLOYER and the
�
- 26 -
ARTIC�,E XXIII - GRIEVANCE PROCEDURE (continu�d)
� UNION shall have the right to strike two (2)
names from the panel. The UNION shall stxik�
the first (lst) name; the EMPLOYER shall then
strike one (1) name. The process will be
rep�ated and the remaining person sha11 be the
arbitrator.
23.5 The arbitrator shall have no right to amend, modify, nullify, ignore,
add to, or subtract from th� provisions of this AGREEMEN�. The
arbitrator ahall consider and decide only the specific is$ue submitted
in writing by the F1�LOYER and the UNION and shall have no authority
to make a d�cision on any other issue not ao submitted. The arbitrator
ahall be without power to make decisions coatrary to or inconsistent with
• or modifying or varying in any way the application of 1aws, rules or
regulations having the force and effect of law. The arbitrator's
decision shall be submitted in writing within thirty (3U) days following
close of the hearing or the submission of briefs by the parties, whichever
be later, unlese 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 AGREEM�NT and to the faets of the grievance
presented. The decision of th� arbitrator shall be final and bind�ng
on the EMPLOYER, the UNION and the employees.
�
- 27 -
ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
* 23.6 The fees and expenses for the arbitrator's services and proceedings
shall be borne equally by the EMPLOYER and the UNTON, provided that
each party shall be responsible for compensating its own representative
and witnesses. If either party cancels an arbitration hearing or asks
for a last minute postponement that leads to the arbitrators making a
charge, the canceling party or the party askiag for the postponement
shall pay this charge. If either party desires a verbatim record of
the proceedings, it may cause such a record to be made providing it
pays for the r�cord.
23.7 The time limita in each step of th�s procedure may be extended by
mutual agreement of the EM}.'LOYER and the UNION.
.
•
- 28 -
ARTICLE XXTV - RIGAT OF SUBCONTRACT ������
� 24.1 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 work force covered by this AGREEMENT, the EMPLOYER shall give
the UNTON a ninety (9U) calendar day notice of the intentioa to
sub-contract.
24.2 The sub-contracting of work done by the employees covered by this
AGREEMENT sha11 in all cases be made only to employers who qualify
in accord�nce with Urdinance No. 14013.
•
�
- 29 -
ARTICLE XXV - NON-DISCRIMINATION
S 25.1 The terms and conditions of this AGREEMENT will be applied to
employees equally without regard to, or discriminat�on for or
against, any individual because of race, color, creed, sex,
age, or because of inembership or non-membership in the UNION.
25.2 Emp�oyees will perform their duties and responsibilities in a
non-discriminatory manner as such duties and responsibilities
involve ather employees and the general publico
.
•
- 30 -
ARTICLE XXVI - SEVERABILITY
, 26.1 In the event that any provision(sa of this AGREEMENT is declared
to be contrary to law by proper legislative, administrative, or
judic�al 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.
26.2 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 �udicial determination.
.
•
- 31 -
/� 4 - {
� � r0�����
�TICL� XXVII - WAIVER
. 27.1 The EI�LOYER and the UNION acknowledge that during the meeting
and negotiating which resulted in this AGREEMENT, each had the
right and opportunity to make proposals with respect to any
sub�ect concerning the terms and conditions of employment< The
agreements and understandings reached by the parties after the
exernise of this right are fully and completely set forth in
th3.s AGREEMENT.
27.2 Therefore, the EMPLOXER and the UNION for the duration of this
AGREEMENT agree that the other party shall not be obligated to
meet and negotiate over any term or conditions of employment
whether specifically covered or not specifically covered by this
AGREEMENT. The UNION and EMPLOYER may, however, mutually agree
. to modify any prov3sion of this AGREEMENTa
27.3 Any and all prior ordinances, agreements, resolutions, practices,
policies, and rules or regulations regarding the terms and
conditions of employment, to the extent they �re inconsistent
with this AGREEMENT, are hereby superseded.
•
- 32 -
" ARTICLE XXVIII - CITY MILEAGE PI,AN
� 28.1 Automobile Reimbursement Authorized: Pursuant to Chapter 92A of the
St. Paul Legislat�ive Code, as amended, pertaining to reimbursement of
City officers and employees for the use of their own automobiles in
the performance of their duties, the following provisions are adopted.
28.2 Method of Computation: To be eligible for such reimbursement all
o£ficers and employees must receive written authorization from the
Mayor. Reimbursement shall be ma.de in accordance with one of the
following plans:
�pe 1. For those officers and employees who
are required to use their own automobiles
occasionally for official C�ty business, re3m-
bursement at the rate of 13 cents for each mile
driven.
pe 2. For those officers and employees who
are required to use their own automobiles on a
regular basis on City business, reimbursement at
� the rate of $2.50 for each day of work, and i.n
addition thereto at the rate of 6.5 cents for each
mile driven.
28.3 Ru1es and Regulations: The Mayor shall adopt rules and regulations
gvverning the procedures for automobile reimbursement, which regulations
and rules shall contain the requirement that recipients shall file daily
reports indicating place of origin and destination and applicable mileage
ratings thereat and indicating total miles driven, and shall file monthly
affidavits stating the number of days warked and the number of milea driven,
and further required that they maintain sutomobile liability insurance in
amounts not less than $100,00U/300,000 for personal in3ury, and $SO,OOU for
property dama.ge. These rules and regulations, together with any amendments
thereto, shall be maintained on file with the City Clerk.
, 28.4 The provisions of this Article shall not apply to employees of
Independent School District Noo 625.
- 33 -
ARTICLE XXIX - MILEAGE - ZNDEPENDENT SCHQOL DISTRICT �625
. 29.1 Employees of the School District under policy adopted by the
Board of Education may be reimbursed for the use of their
automobil,es for school business. To be eligible for such
reimbursement, employees must receive authorization from the
District Mileage Committee uti,lizing one of the fallowing plans:
PLAN "A" is reimbuzsed at the rate of 15C per
mile. 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 establishi,ng tk�e
maximum amount can be the experience of anofiher
working in the same or similar position.
Under this plan, it is necessary for the employee
to keep a record of sach trip made.
� PLAN "C" provides for reimbursement based on a per
month "lump sum" amount. �his amount is determined
by the employee's driving experience under Pl.an "A"
for a period of 3 to 6 months. Those employees
receiving an auto allowance under this plan must
report monthly the number of days the car was avail-
able during the month. A deduction must be made
from the lump sum amount for each d�y the employee
is on vacation. A deduct3on need not be made for
an occasional day of illness or for holi.day.
•
- 34 -
. ��ejE�C3Fi�
ARTTCLE XXX - DURATION AND PLEDGE
� 30.1 This AGREEMENT shall become effective as of the date of sign�ng,
except as specifically provided otherwise in Articles 12 and 13,
and shall remain in effect through the 31st day of May, 1978,
and continue in effect from year to year thexeafter unless notice
to chan&@ ox to terminate is given in th� m�nner provided in 30.2.
3U.2 If either party desirea to terminate or modify thi� AGREEMENT,
effective as of the date of expiration, the pa�ty w�.shing to modify
or terminate the AGREEMEN� shall give written notice to the other
�arty, not mor� than ninety (90) or less than sixty (6U) 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 condi�ions of empl,oytnent established
by this AGREEMENT and the recognition that the GRTEVA'�iCE PROCEDURE
herein establish�d is the means by thich grievan�es concerning its
application or interpretation may be peacefully resolved, the parties
- hereby pledge that during the term of the AGREEMENT:
30.31 The UNIUN and the employees will not engage. in,
instigate, or condone any concerted action in
wh3ch employees fail to report for duty, willfully
absent themselves from work, sCop work, slow dvwn
their work, or absent themselved in whole or part
from the full, faithful performance of their duties
of employment.
�
- 35 -
ARTICLE XXX - DURATION AND PLEDGE (continued)
• 3U.32 The EMPLOYER will not eagage in, �nstigate, or
condone any lock-out of employees.
30.33 This constitutes a tentat3v� agreement between
the parties which w�ll be recommended by the City
Negotiatox, but is subject to the approval of the
Administration of� the City, the City Council and
Independent School Distr�et No. 625 and is also
sub�ect to ratification by the ASSOCIATION.
AGREED to this day of July, 1977, and attested to as the full
and complete understand�ng of the parties �or the period of time herein speci-
fied by the signature of the followi�g representative for the EMPLOYER and the
UNION:
� WITNESSES:
TWIN CITY GLAZTERS AND GLASS
CITY OF SAINT PAUL WORKERS, LUCAL 1324
SY: MARTIN A. COMPANION BY: JACK HORNER
City Negotiator Business Manager
.
� $Y:
<
BY: BY:
Civi]. Service Comm ion
BY: BX:
Maypx
BY:
City Attorney
� BY:
Independent School
District No. 62S
- 36 -
APPENDIX A
• The classe� of positions recognized by the EMPLOYER as be3.ng
exclusively represented by the UNION are as follows:
Glazier
Apprentice
aad other classes of positions that may be e,stablished by the EMPLOYER
where the duties and responsibilities assigned comes within the
3urisdiction of th� UNION.
• .
�
- Al -
. �
APPENDIX C ������
• The basic hourly wage rat� for provisional, regular and probationaxy
employ��s appointed to the following classes of posit:tons and not xeceiving
the Fringe Benefits listed in Article 12.2 shall be:
Ef f ec ti.ve
May 1, 1977
Glazier . . . . . . . . . . . . . . . $1U.19
The basic hourly wag� rate for t�mporary and emergency employees
appointed ta the following classee of positions shall be:
Effectiv�
rtay 1 1977
G�.azier . . . . . . . . . . . . . . . $1U.10
Appreatice
. 0 - 6 months . . . . . . . . . . . 60X of Glazier rate
7 - 12 months . . . . , . . . . . . 65X of Glaziex rate
13 - 18 months . . . . . . . . . . . 70x of Glazier rate
19 - 24 months . . . . . . . o , . . 75% of Glazier rate
25 - 30 months . . , . . . . . . . . 80x of Glazier rate
31 - 36 months . . . . . . . . . . . 90X of Painter rate
The basic hourly wage rate for regulax empl,oyees appointed to the
£ollowing classes of positions, who are receiving the Fringe Benefits listed
in Article 7,2.2 ahall be:
Effective
May 1, 1977
Glazier , . . . . , . . . . . . . , $ 8.93
•
- C1 -
+ ' APPENDIX D
Effective May 1, 1977, the EMPLOYER shall: �G����,�
• (1) contribute $ .40 per hour for all hours worked by partici�ating
emp�.oyees as defined in Articles 12.3, 12.4 and 12.5 covered by
this AGI�EEMENT, to a UNION designated Health and Welfare Fund.
(2) deduct $ .35 per hour for all h,ours worked from the earnings of
participating employees as definEd in Articles 12.3, 12.4 and 12.5
of this AGREEMENT, and forward to a Vacation Fund.
(3) contribute $ .O1 per hour for all hours worked by participating
employees as defined �n Articles 12.3, 12.4 a�d 12.5 covered by this
AGREEMENT, tq a Journeytnan and Apprenticeship Training Fund.
(4) In addition to t,he above, in the case of temporary and emergency
employees, the EMPLOYER shall eontribute $ .50 per hour for all
hours worked to a Pension Fund.
• All contributions made in accordance with this Appendix shall be forwarded to
depositories as directed by the UNION.
The EMPLOYER shall establish Wqrkman's Compensation and Unemploymenz
Co�pensation programs as required by Minnesota Stat�utes.
Participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by
this AGREEMENT, sha11 not be eligible for, governed by, or accumulate vacation,sick
1e�ve, holiday, funeral leave, �ury duty, or insurance fringe benefits that are or
may be established by Pereonnel Rules, Council Ordinance of Council Resolutionse
The EI�LOYERS'S fzinge benefit obligation to partieipating employees as
defined in Articles 12.3, 12.4, and 12.5 is limited to the contributions and/or
deductio�s established by this AGREEMENT. The actual level of benefits provided
to employees shall be the responsibility of the Trustees of the various funds to
which the EMPLOYER has forwarded contributions and/or deductions.
•
- D1 -
. . �� - ,. .. . ,e _ . . . . � _ .. .. �- . .
..:
' . R"�.� �ach this merilorandum #rom the ° ' _
� ` re��� that #hls information wil! be OM 01: 12/19?5
� - , ,: ar��`�' th@ City Councit.' - Rev. : 9/8/76
: , � . EX�i:r�1VATzON OF ADMINIS'�"RATIVE ORDERS, `
� � RESOLUTION�, AND O�DINANCES
2ss55�
� �t� CEI .V. ED
. Date: July 13, 1 q7? ;�4. � �f 1��7
MAYC�R'S QFFICE :
�TO: MAYOR GEORGE ZATIMER -
FR; Personnel Office
RE: Resolution for eubmiesion to City Council. : �
A�TTOIV REQUESTED:
I recomm�nd your approva.l and submission of this Resolntion to the City Council. ;
PURPO�E AND RATIONALE FOR THxS.ACTIONtThis Resolutioa ap�rovee a 19?7
Agreement betweea the City of St. Paul, ISD �625 a.ad the Glaaiera Lacal 1324.
Tkie Agreemeut calls for a .'55 an hour increa�e in vvages ai.nd , l0 i:n fringes for a
total package hourly inerease of . 65. Th'as amouxits to appro�imately 6%.
Also inclixded ia the 1977 Agreement is la.aguage chaagea which allows compeasatory
i�qne to be graated for overtime worked. .
,�rither change is that a School Board employee shall work on a minor hoiiday when
I��b1 3.e in sesaion at a atraight time rate. An.other day wi11 be granted as the holida�r.
. �+A►�ge i.n the Grievance Proced�re changes the provision which d�ternai�es how casts of�
: A��ti.oa shall be paid. • �
`�';�,��MENTS:
� �
l��l�oqt,r copy for City Clerk and 1977 Ma.int�nance La.bor Agreernent.
��
�. F.... � . . . .
. ,
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