269593 WHITE - CITV CLERK � - ' ��°���
PINK - FINANCE C I TY OF SA I NT PA IT L Council �
NARV - DEPARTMENT
.L U E - M A V O R F 1 Ie N O.
�♦
ouncil Resolution
Presented By
. Referred To Committee: Date
Out of Committee By Date
An administrative Resolution approving th.e terms and
conditions of a 19?? Maintenance Labor Agreement between
the City of St. Paul, Independent School District No. 625,
and the Plumbers Local No. 34.
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 Plumbers Local 34, as exclusive represen- ��
tative for those classes of positions within the City of St. Paul certified by the �
Bureau of Mediation Services under Case No. 73-PR-527-A for the purpose of
meeting and negotiating the terms and conditions of employmexit for personnel in
the classes of positions as set forth in the Agreement between the City and the
exclusive representatives hereinabove 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 June 1, 1977, through May 31, Tg78, 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 1977 Agreement has been re�ched which includes a wage adjust-
ment retroactive to June 1, 1977; now, therefore, be it
COU[VC[LMEN Requested by Department of:
Yeas Nays
Butler �
Hozza [n Favor
Hunt �'
Levine __ Against BY '��� ��
Roedler .
Sylvester
Tedesco -
Form A�iprove by i Attorney
Adopted by Council: Date — � `
Certified Passed by Council Secretary BY �
sy
Approved by Mayor: Date Approved Mayor for ubmi to Council
By By
` ��
WHITE - C�TV GLERK COUflCII . �
�PNK - FINANCE � CITY � OF SAINT PAITL � �
NARV - DEPARTMENT File NO.
UE' -- MAVOR
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. 62'5, and the Plumbers Local 34,
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.
s
Approved:
airman
Civil 5ervice Co issi
COUNCILMEN i2equested by Department of:
Yeas Nays
Butler � PERSONNEL OFFICE
Hozza In Favor
Hunt u �
� _ Against BY '
Roedier
Sylvester
Tedesco � -
A�G 9 8 t9Tr Form Approved by C' y t ney
Adopted b � ouncil: Date � �
Certi d Pas y Cou .il Secretary BY
i
Approv by iVlayor: D t • �UG � 9 �9� Approved b ayor £or Submi to Cou il
By �,' �� BY
� � ` d
PUBLISHED AUG Z ? �977 .
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1717
�I�.� �BO� ���
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Tf� �ITY 0�' 3AINT PAUI,,
Tf� Il�IDEPENDEI�T SCHOOL DI�TRICT I�O. 625
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Ur1ITED �SSOCIATION
PIUl�ERS LocAI, 34
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PRLAMBLE
This AGR�,MEI�Tt' is entered into on the 13th day of July, 1977, between
the City oP Saint Pat� and the Independent School District Wo. 625, hereinafter
referred to as the �3►lPLUY�R and the United �ssociation Pl�bers Local 3�+
hereinafter referred to as the UI�'ION.
The El�LOYER and the U1�ION concur that this AGRE�NT has as its
ob�ective the promot�on of the responsibilities of the City of Saint Paul Por
the benefit of the general public through efPective labor-�aua�ement cooperation.
The El�'LOYSR and the UI(ION both realize that this goal depends not only
on the words in the AGRF',�;IQT but rather primarily on attitudes between people
at all levels of res�onsibility. Constructive attitudes of the City, the LTNION,
and the individual employees will best serve the needs of the general public.
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ARTICLE I - PURPOSE
1.1 The EI�L07�R and the UNION egree that the purpose for entering into
this AGRF�'.N�NT is to: �
l.11 Achieve orderly and peaceflil relations, thereby
esteblishing a system of uninterrupted operations
end the hi�hest level of employee performance that
is consistent with the safety and well-being of all
concerned;
1.12 Set forth rates of pay, hours cf work, and other
• conditions of employment as have been agreed upon
by the EMPIAYER and the tJ1vI0N;
1.13 Establish procedures to orderly and peaceflilly resolve
disputes as to the application or interpretation oP
this AGREE2�NT wi.thout loss of manpower productivity.
1.2 The EMPLOYER and the UNION agree that this AGF�Et�NT serves as a
supple�nent to legislation that creates and directs the EMPLOYER. If
any part of this AGREF,'MENT is in conflict with such legislation, the
latter shall prevail. The parties, on written notice, agree to negotiate
that paxt in conPlict so that it conforms to the statute as provided
by Article 26 (SEVERABILITY).
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ARTICLE II - RECOGNI'TION
2.1 The E3dPL0YER recognizea the UNION as the exclusive representative
for collective bargaining gurposes for all personnel having an
employment status of regular, prAbationary, provisional, temporary,
�nd emergency employed in the classes of positions defined in 2,2
as certified by the Bureau of Mediation Services in accordance
wi�h Case No. 73-PR-527-A dated May 21, 1973.
2.2 The classes af positions recognized as being exclusively represented
by the UNION are as listed in Appendix A.
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ARTICLE III - �iPLOYER RIGHTS
3.1 The F�fPLOYER retains the right to operate and manage all manpower,
facilities, and equipment; to establish fluictions and programs;
to set and emend budgets; to determine the uti2ization of
technology; to establish and modify the organi�ationel structure;
to select, direct, and determine the number of personnel: and to
perform any inherent -managerial fluiction not specificelly limited
' by thi s AGREEMENT.
3.2 Any ^term or condition of employment" not established by this
AGR�2�NT shall remain with the ENII�IA�R to eZiminate, modi�r, or
establish following written notificstion to the UPTION.
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ARTICI.E N - UNION RIGHTS
k.l The F�'IAYER shall deduct from the wages of employees who authorize
such e deduction in writing en amount necessary to cover monthly
UPIOIY dues. Such monies deducted shall be remitted as directed by
� the UI�TION.
4.11 The EMPIAYER shall not deduct dues from the wages
oP employees covered by this AGREEI�I4T Por any other
labor organization.
4.12 The tT1VI0N shall indemnify end save harmless the
EMPLOYER from any and all claims or charges made
against the E2�Il'IAYER as a result of the implem�*�tation
of this ARTICLE.
4.2 The UI?ION may designete or.e (1) employee from the bargaining unit to
act as a Steward and shall inform the EMPIAYER in writing of such
designation. Such employee shall have the rights and responsibilities as
des;.gnated in Article 23 (GRIEVAI'ICE PROCIDURE).
4.3 Upon notification to a designated EMPLOYER supervisor, the Business
Manager of the U1`�ION, or his designated representative shall be
permitted to enter the fecilities of the EMPLOYER where emgloyees
. covered by this AGREEMENT are �orking.
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ARTICLE V - SCOPE OF THE AGREEMEI9T
5.1 This AGREEMENT establishes the "tenas and conditions of employment"
defined by M.S. 179.63, Subd. Z8 for all employees eaclusively
represented by the tJI1I0N. This AGRF�N�flT shall supercede such
"terms and conditions of employment" established by Civil Service
RuZe, Council Ordi;,ance, and Council Resolution.
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ARTICI,E YT - PRGBATIOIrARY PERIODS
- 6.1 All personnel, originelly hired or rehired Pollowing separetion, in '
a reguler employment status shall serve e six (6) month's probationery
period during which time the employe�'s fitness and ability to perfor.n
the cless of positions' duties and responsibilities shall be evaluated.
6.11 At any time during the probationary period an
employee msy be termineted et the discretion of the
�IAYER without appeal to the provisions of
Article 23 (GRIEVA2r'CE PROCEDURE).
6.12 An employee terminated during the probationary period
shell receive a �rritten notice of the reason(s) for
such termination, a copy of Which shall be sent to the
UNIOft. .
6.2 AlI personnel promoted to e higher class of positions shall serve a
six (6) months' prcmotional probationary period during which time
�he employee's fitness and ability te perform tre class of positions'
duties and responsibilities shall be evaluated. �
6.21 At any time during the promotional probationary period
en employee may be demoted to the employee's
previously held class oP positions at the discretion of
the EMPIAY�t xithout appeal to the provisions oP
Article 23 (GRIEVANCE PROCIDU�),
6.22 An employee demoted during the promotional
probationary period shall be returned to the
employee's previously held class of positions and
shell receive e xritten notice of the reesons Por
demotion, a cop�• of Which shall be sent to the IINIOA.
.
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ARTICLE VII - PHTIASOPHY OF EMPIAYN�N'r AND C0�'ENSATION •
7.1 The EMpT,pYEFt and the UNZON are in flill agreement that the
philosop'oy of employment and compensation sha�ll be a "cash"
hour2y wage end "industry" fringe benefit system.
7.2 The EN�IAYER shall compensate employees for all hours worked
et the basic hourly wage rate end hourly fringe benefit rate es
four�d in Articles 12 (WAGES) and 13 (FRINGE BE:�EFITS).
7.3 No other compensation or fringe benefit shall be accumulated
or eernea by an employee except as specifically provided for
in this AG���1'T; except those employees who heve individually
optione3 to be "grandfathered" as provided by 12.2.
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�.2 The no�;al work ciny sh�.Il he ei��;ht (8) consec;�ti ve hours per day,
excluclin�; a th�.rty (30) :r,ir.u�c w:�aid lunch period, between 7:C�
a.m. and 5:,�� �.ra.
. 8.2 The nomal work week shR11 be :ive (5) consecutive nor�al work
d�ys Menda,y throu��� F�ida J. '
8•3 If, during the terr.: o� thi� �►GF,��I+T, it is r.ecessary in thE
E!�'JA�R'S jud�er,t to est�blish second and third shifts or �
Wor;: week of ot�er than 2•;on�lay throu�h Friday, the 1litI0:� agrees
ta enter into negotiations ir.�:ediately to establish tne conditions
of such srifts �rd f a� wes�:� weeks.
� 8.4 . �'his section shall r;ot �s const:.�ued as, and is not a �-uarantee of,
any hour� c�f work, F�er nar�al k�or� day or �er nor�al wor'.� �eek.
8.5 A1� er��Ioyees sii�1_� be a� the �oca±ion designated by their supervisor,
re��y for work, at �'��p establ�snea star_t�.n� �i�e a:±d sh�ll re�^ai.n
�� an a�ssigned wory location until the end of the est�blished wo:t:
- da�� vnless otherwise directed by their supervisor.
8.6 �1Z1 employees ere subjecr ta call-back by the E1�SPIAYER as provided
'by Article IO (C�L BACri).
8,7 �nS�i1OJ�eLiS reportira� feT worY at tr,e esta�Iished sta:ting time and
� Por whca� no wo:Y. is a�•ailable sra11. r�cei:e pay foa taro (2} hour�,
at the basic hour?y r�tE, u::2ess notificntian has been given not
t� report fcr wcrk pr.i�r �o leavir.g hcme, or du:in� �tie previous
wor}s ciay.
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ARTICLE I7C - OY�rRTIl+�
9.1 Time on the payroll in excess of the norm�l hours set forth above shall
be "overtime work" and shall be done only by order of the head of the
department. An employee shall be recompensed for work done in excess
of the normal hours by being �ranted compensatory time on a time-and-
one-half basis or by being paid on a time-and-one-half basis for such
overtime Worlc. The basis on which such overtime shall be paid shall be
determined solely by the E'[�IQY�R.
9.2 7.'he rate of one and one-half (1�) the basic hourly rate shall be the
overtime rate for work performed under the following circumstances:
9.21 Ti.ae worked in excess af eight (8) 2�ours in any one
normal work day and;
9.22 Time worked on a sixth (6th) day following a normal
work week.
9•3 The rate of two (2) times the basic hourly rate shall be the overtime
rate for work perPormed under the following circumstances:
9.31 Tine worked on a holiday as defined in Article
1b - (HOLrnnrs);
9•32 Time worked on a seventh (7th) day following a
nor�al work week; and
9•33 Time worked in eaccess 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 oa�e-half (12).
9.4 For the purpose of calculating overtime compensation overtime hours
worked shall not by "pyramided", compounded, or paid twice for the
same hours w�rked.
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ARTICLE X - CALL BACR
10.1 The EN�LOYER retains the right to call back employees before an
employee has started a noYmal work day or normal work Week end
efter an employee has completed e normal work day or normal work
Week.
10.2 baployees called back shall receive a minimum of Four (4) hours
pey at the basic hourly rate.
10.3 The hours worked based on a cell-beck shall be compensated in
accordance with Article 9 (OVERTIMEI, when applicable, end sub�ect
to the minimum established by 10.2 abov�e.
10.�► Employees cslled back four (4) hours or less prior to their normal
work day sheZl complete the normal work day and be cempensated
only for the overtime hours worked in accordance with Article 9
(OVERTIME).
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ARTICLE XI - WORK IACATION, RESIDENCY
].1.1 Employees shal]. report to worlc location as assigned by a designated
�LOYER supervisor. During the normal work day employees may be
assigned to other work locations at the discretion of the EMPIAYER.
11.2 IIaployees assigned to work locations during the normal work day,
other than their origina]. assignment, and who are required to
furnish their own transportation shall be compensated for miZeage.
11.3 A7.1 new employees appo�nted after January 1, 1976, would be required
to reside in the City o� Saint Faul within one year of their original
a�pointffient, and thereaf'ter would be required to remain within the
City limits as long as they were employed by the City oP Saint Paul.
11.�+ This residency xequirement shaZl apply to unclassified employ�ees
a� well as classigied employees.
11.5 Applicants Por p�sitians iri tlne City o� Saint P�ul Will not be
required to be residents of the City of Saint Pau1.
11.6 Employees failing to meet the residency requirement will be subject
to �rminatiott and a hearing process shall be established to detenaine
whether the residency requirement was met.
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ARi ICI� XZI - WAG�;S
12.1 ihe basic hourly wa�e rates as e,tablished by Appendix C shall be paid
for all hours worked t�y an employee.
12.2 r'�r�ployees who are covered hy the fringe benefits listed below shall continue
+,c� be covered by sucr. benefits. They shall be subject to alI other pro-
visions of tt-�e AGRr�EI�N�, but s:�all not have hourly fringe benefit
contributions and�or dpductians made on their behalf as provided for by
Article 13 (FRIi�GE B�.NEFITS}.
12.2I Insurance benefits as established by City of Saint Paul
Resolutions.
12.22 �ick Leave as established by Oxdin�nce No. 3250, Section
35, Subdivision E.
12.23 Vacation as established by Ordinance No. 64�+6, Section 1,
�tzk�division F.
12.24 Psir.e (�) Zegal holidays �s established by Ordinance No.
E��+6, Section l, Subdivision G.
�2•25 Sever�nr.e benefits as established by Ordinance No. 11490
with a maxinum payment of �4,000.
12.26 The EMl'LOYER wi11 for the period of this AGRF.EMEn'T provide
for employees working under the title of Water Meter Service-
man who retire after the time of execution of this AGREF,I+�NT
or who have retired since September 1, 197�+, and until such
e�ployees reach sixty-five (65} years of age such health
insu.rance benefits as are provided by the EN1PLrJYER,
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� �?TICLE XII - WAGES (ccr.tim.zed�
12.27 In order to be eligible for the benefits under the provision
of i2.26 the e:nplo,yee must:
l. Be recei.vin� benefits from a public employee
retiree act at the ti.me of retiremer�t.
?_. Have severed his relatior�ship with the City
of Saint Paul under one of the early retiree
plans.
12.3 Regular employees not covered by the fringe benefits listed in Article 12.2
shall be considered, for the purposes of this AGREENlENT, participating employees
and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe
benefit contributions and�or dec?uctians made on their behalf as provided for by
l�rticle 13 (FRIIVGE BENEFITS).
1��4 Provisianal, temporary, and emergency employees sha11 be considered, for the
psrposes of �;hi.s AGREEMI��IVT, participating employees and shall be compensated
in accordance with Ari;icle 12.1 (WAGES) and have fringe benefit contributions
an��or 3�ductions made in their behalf as grovided for by Article 13 (FRIPZGr.
BEI�FITS}.
12.5 l�11 re�ular eLployees employed, after February 15, 1974, shall be considered,
for the �;urrose of this AGRF.EI�SEr�T, participating employees and shall be
.^_o�rperzsated ir_ accordance with Article 12.1 (WAGES) anfl have fringe benefit
co:itri.butions and;or deductions made on their behalf as provided f�r �y
Article 13 (FRINGE BENEF'ITS),
1^c.6 The provision o`' Article 12.5 snall not apply to employees working i:z�,der
tt;e titZe of Water Meter Service�,an.
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ARTICI,E XIII - FRZNGE BE�FI'!'S
13.1 The EMPLOYEB shell make contributions on behalf of and/or
ma�ke deductions from the wages of employees covered by this
AGR�MENT in accordance With Appendix D for all hours worked.
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ARTICLE XIV - SELECTION OF FORF�IAN AND GENERAL FOREMAN
14.1 The selection of personnel for the class of position Plumber
Foreman shall remain solely with the EMPLOYER.
14.2 The class of position Plumber Foreman shall be filled by em-
ployees 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 w?°�ere
the cl�,ss of positions is vacant for more the�n one (1) norme.l
work day.
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ARTICI,r. XV - RETIREMENT
15•1 All eznployees shall retire from employment with the EMPL4YER
no later than the last calendar dey of the month in which an
employee becomes sixty-five (65) years old.
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ARTICLE XVI - HOLIDAYS
16.1 The following nine (9) days shall be designated as holidays:
New Year's Day, January 1
President's 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
Veteran's Day, November 11
Thanksgiving Day, fourth Thursday in November i
Christmas Aay, December 25 i
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16.2 When New Year's Day, Independence Day or Christmas Day
falls on a i
Sunday, the following Monday shall be considered the designated holiday. �
When any of these three (3) holidays falls on a Saturday, the preceding
Friday ehall be considered the designated holiday.
16.3 The nine (9) holidays shall be considered non-work days.
16.4 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) . i
16.5 Employees working on a designated holiday shall be compensated at the
rate of two (2) times 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 session,
the employees shall work that day at straight time and another day shall
be designated as the holiday. This designated holiday shall be a day
on which school is not in session and shall be determined by agree�enr
between the employee and his supervisor.
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ARTIC7� XVII - DISCIPLINARY pROCEDU�S
17.1 The EMPIAYER shall have the right to impose disciplinary actions on
employees for �ust cause.
17.2 Disciplinary actions by the ENi�'LOYER shell include only the
following actions:
17.22 Oral regrimand
17.22 Written reprimand
17.23 Suspension
17.24 Demotion
17.25 Discharge
17.3 F�nployees who are suspended, demoted, or discharged shall have the
right to request that such actions be reviewed by the Civil Service
Commission or a designated Bosrd of Revie�r. The Civil Service
Coam�ission, or a designated Board of Review, shell be the sole end
exclusive meer.s of revie�ring a suspension, demotion, or discharge.
No appeal of e suspension, demction, or discharge shall be considered ,
s "grievance" for the purpose of processing through the provisions
of Article 23 (GRIEVAI�'CE PROCEDURE).
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ARTICLE .XVIZI - ABSENCE5 FROM WOR1C
18.1 F�rployees who are unable to report Por their no�al tirork day have
the responsibility to tiotify their supervisor of such absence es
soon as possible, but in no event later than the beginning of such
xork day.
18,2 Failure to make such notificetion may be grounds for discipline �
es provided in Article 17 (DISCIPLII"rARY PROG�DURES).
18.3 Fsilure to report for work without notification for three (3�
consecutive normal �aork days may be considered a "quit" by the
F.MPIAYER on the part of the employee.
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ART'TCLE XIX - SEI�IIORITY
19.1 Seniority, for the purposes of this AGRF.F��NT, shall be defined as
follows; -
19.11 "Mastei• Seniority" - �he length of continuous regular
and probetionary service with the EI�LOYER from the
lest date of employment in any end alI class titles
cavered by this AGREF.I��NP.
19.12 "Class Seniority" - the length of continuous regular
end probationery service with the II�ff'LOYEfi from the
date an employee was first appointed to a class title
covered by this AGREEMENT.
19,2 Seniority shall no� accumu].ate during an unpaid leeve of absence,
except When such a leave is granted for a period of less than thirty
(30) calendar days; is granted because oP illness or injury; is
grented to allaw an employee to accept an aFpointment to the
unclassified service of the Et�LO�R or to an elected or appointed
flill-time position �rith the iJNION.
19,3 Seniority shall terminate when sn employee retires, resigns, or is
discharged.
19.�+ In the event it is determined by the E�'IPIAYER that it is necessary to
reduce the work force employees will be laid off by c2ass title within
each Department based on inverse length of "Class Seniority." Employees
laid off shall have the right to reinstatement in any loWer-paid class
title, provided, employee h�s greater "bSnster Seniority" than the employee
being repleced.
19•5 The selection of vacation periods shall be made by clnss title besed on
length of "Class Seniority", sub�ect to the approval of the EMPLOYER.
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ARTICLE XX - JURISDICTION
20.1 Disputes concerning work jurisdiction betWeen and emong unions is
recognized as an appropriete sub�ect for determination by the various
unions representing employees of the E2�LOl�R.
20.2 The £.�fPIAXER agrees to be guided in the assignme�.it of work jurisdiction
by any mutual agreements between the unions involved. �
20.3 In the event of a dispute concerning the performance or assignment of
Work, the unions involved and the EMPIAYER shall meet as soon as mutually
possible to resolve the dispute. Nothin� in the foregoing shall restrict
the right of the EMPIAYER to accomplish the work as originally assigned
pending resolution of the dispute or to restrict the EMPLO��R's basic
right to essign work.
20.� Any employee ref�sing to perform work essigned by the EMPLOYER and as
clarified by Sections 20.2 and 20.3 above shall be subject to disciplinary
action as provided in Article 17 (DISCIPLI2IARY P�OCEDURES).
20.5 There shall be no work stovpsge, slox do�,m, or any disruption of work
resulting from a work essignment.
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AItTICLE XXI - SEPARATION
21.1 �aployees heving e prob.etionary or regular eu,ployment status shall
be considered seperated from effiployment based on the following
ections:
21.11 Resi�rnetion. �rrployees resigning from employment
shall give written notice fourteen (14) cale��dar �
deys prior to the effective da�e of the resignetion.
21.12 Retirement. As provided in Article 15.
21.13 Discherge, As provided in Article 17.
21.1b Pailure to Rex�ort for Duty. Aa provided in Article 18.
21.2 Employees havin� an emergen^y, temporary, or provisional employment
status may be terminated at the discretion of the II��IAYER before the
completion of a normal work day.
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ARTICLE XXII - TOOIS •
22.1 All employees shall personally provide themselves with the tools
of the trade as listed in Appendiz B.
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ARTICLE XXIII - G:�VAI4CE PROCEDURE '°
2����
23,1 The F�f'LOYER shall recognize Stewards selected in accordance xith UIVION
rules end regulations as the grievance representative o° the bargaining
unit, The UPTIOPI shall notify the II�IAYER in xriting of the names oP
the Stewards and of their successors When so nemed,
23.2 It is recogaized and accepted by the F��LOYER end the U1'IION that tbe
processing of grievances as hereinafter proti•ided is limited by the 3ob
duties nnd responsibilities oP the employees and shall therefore be
acco�plished during workin& hours on�,r when consistent with such
. employee duties and responsibilities. The Steward involved and a
grieviag ea:ployee shall su:;er no loss in pay when a grievence is pro-
cessed during •�rorking hours, provided, the Steward end the employee have
notified and recei��ed the approval of their supervisor to be absent to
process e grievance and that such absence would not be detrimentaZ to
the work progrsms of the EMPIAYER. .
23•3 T!'ie procedure esteblished by this ARTICLE shall be the sole and exclusive
procedure, except for the appeal of disciplinary action es provided by
17.3, for the processing of grievances, Which are defined as an alleged
violetio:� of the terms and conditions of this AGREF.MENT.
23.k Grievances shall be resolved in conformance with the following procedure:
Step l, Upon the occurenee of en alle�ed violation oP this
AGREEA�NT, the employee involved shall attempt to
resolve the matter on an informal basis �rith the
- 24 -
1
�' ARTICLE XXZII - GRIEVANCE PROCIDURE (COI9TINUED)
employee's supervisor. If the matter is not resolved
to the employee's setisfaction 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
. neture of the grievance, the facts on which it is based,
the slleged section(s) of the AGREEMENT violeted , and
the relief requested. Any elleged violation of the
AGREEMEb'T not reduced to writing by the iTNION �rithin
seven (7� calendar days of the first occurrence of the
event giving rise to the grievance or within the use oP
reasonable diligence should have had knowledge of the
first occurrence of the event giving rise to the
grievance, shall be considered waived.
Step 2. Within seven (7) calendar days after receiving the
written grievance a designated EMPIAYER supervisor shall
meet with the tJnTION Steward and attempt to resolve the
grievance. If, es a result of this meeting, the grievance
remains unresolved, the EI�IAYER shall reply in writing to
the U19ION within three (3) calendar days followi.ng this
meeting. The LTNION may refer the grievance in writ4ng to
Step 3 within seven (7) cslendar days following receipt oP
the B�LOYER's written answer. Any grievance not referred
in xriting by the ITNION within seven (7) calendar deys
following receipt of the ENfl'LOYER'S ansxer shall be
considered fraived.
- 25 ='
ARTICLE XXZII - GRIEVANCE PROCEDURE (COIQTINUED)
Step 3, Within seven (7) calendar days following receipt of a �
grievance referrec� from Step 2 � designated EMPIAYER
supervisor shall meet with the UNION Business Manager
or his designated represent8tive and attempt to resolve
the grievance. Within seven (7� calender days following �
thts meeting the EMPIAYER shall reply in writing to
the UI�TION sta�ing the �IPIAYER'S enswer concerning
the grievance. If, as a result of the written
response the grievance remains unresolved, the U�NION
may refer the grievence to Step �. Any gr�arance not
referred to in writing by the tTIJIOIJ to Step 4 witYiin
seven (7) calendar days following receipt of the
F�IAYER'S answer shall be considered waived.
Step 4. If the grievance remains unresolved, the U1�TIO:�T may
• xithin seven (7) calendar days sfter the response of
the Et�IAYER in Step 3, by written notice to the
EMPIAYER, request arbitration of the grievance. The
erbitration proceedings sha11 be conducted by an
arbitrator to be selected by mutual agreement oY
the E�IAYER and the iJNION within seven (7) calendar
� deys after notice has been given. IP the parties
fail to mutually agree upon an arbitrator within the
said seven (7) day period, either party msy request
the Public �nployment Relation Board to submit a
_ � � .
ARTICLE XXIII - GRIEVANCE PR4CEDURE (CONTINUE'D�
pane2 oP five (5) arbitrators, Both the EI�'LOYER
� end the UDTION shall have the right to strike t�ro
(2) nemes from the panel. The iJIVION shall strike
the first (lst) name; the II�'IAYER shall then
str3ke one (1) name. The process will be repeated
end the remaining person shall be the erbitrator.
23•5 The arbitrator shall have no right to emend, modify, nullify,
ignore, sdd to, or subtract from the provisions of this AGREEI+�NT.
The erbitretor shall consider and decide only the specific issue
submitted in writing by the II�?PLOYER and the i3NI0N 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
contrery to or inconsistent with or modifying or varying in any �ay
the epplication of laws, rules, or regulations having the force and
effect of law. The arbitrator's decision shall be submitted in
writing within thirty (3) days following close of the hearing or
the submission of briefs by the parties, xhichever be later, unless
the parties agree to an extension. The decision shsll be based
solely on the erbitrator's interpretation or application of the
express terms of this AGREEMErdT and to the facts of the grievance
presented. The decision of the arbitrator shall be final and binding
on the EI�LOYER, the UAION, and the employees.
� � � .
ARTICI.E 7IXIII - GRIEVANCE PROCEDURE (CONTINUED)
23.6 The fees and expenses f.or the erbitrator's services and proceedings
shall be borne equally by the EMPIAYER and the UI+TION, provided that
each party shall be responsible for compenseting its own representative
and xitnesses. If either party desires a verbatim record of the
proceedings, it may cause such a record to be made vrov�ding it pays �
for the record, .
23,7 The time limits in each step of this procedure may be extended by
mutual agreement of the El�LOYER and the iJriION,
�
- 28 -
� �• � � 2695�3
ARTIC7�E )(XN - RIGHT OF SUBCONTRACT
24.1 The EMPIA7�R mey, at eny time during the duration of this
AGRF�MENT, contrect our r�ork dor.e by the employees covered
by this AGREEl�NT. In the event that such contracting would
result in e reduction of the Work force covered by this
AGREEMENr, the EMPLOYER shall give the iJNION e ninety (90)
calendar day notice of the intention to sub-contract,
2b.2 The sub-contracting of worr done by tt!e employees covered
by this AGREF��PiT shall in all cases be made only to employers
who qualify in accordance with Ordinance No. 14013,
- � �
�
�
ARTTCLE XXV - NON-DISCRIMINATION
25•1 The terms end conditions of this AGREEMENT will be applied to
employees equally �,rithout regerd to, or discriminstion for or
egeinst, eny individual because of race, color, creed, sex,
age, or because of ine�bership or non-membership in the UIVION.
�5.� F�ployees will perform their duties and responsibilities in
e non-discriminatory manner as such duties and responsibilities
involv� other employees and the general public.
- 30 -
�
ARTICLE 7CXVI - S�VERABIL�TY
26.1 In the event that eny provision(s) of this AGREEMENT is declared
to be contrary to laW by proper legislative, administrative, or
3udicial authority from whose finding, determinetion, or decree
no appeal is taken, such provision(s) shall be voided. All other
provisions shall cnntinue in fti.tl force and effect.
26.2 ihe parties agree to, upon written notice, enter into negotiations
to place the voided provisions of the AGREF'.MENT in complinance
xith the legislative, administrative, or judicial determination.
- � -
ARTICLE XXVII - WANER
27.1 The ENff'IAYER and the UDTION acknowledge that during the meeting
and negotiating which resulted in this AGRE��RT, each ;�ed the
right and opportunity to make pr•�posals xi.th respect to any
� sub�ect concerning the terms and conditions oP employment. The
agreements and understandings reached by the perties after the
exercise of this right are flz�ly and completel;; sct forth in
thi s AGREIIrfENT.
27.2 Therefore, the �IAYER and the UIJION for the duration of this
AGREEMENT agree that the other pary shall not be obligated to
meet end negotiate over any ter� or conditions of employment
Whether specif"icelly covered or not specifically covered by this
AGREE2�NT. The UI7ION and EhIPZAYER may, however, mutually egree
to modif�r 8ny provision of this AG�-�NT.
27.3 Any and ell prior ordinances, sgreements, resolutions, practices,
policies, and rules or zegulations regarding the terms and
conditions of employment, to the exten� they are inconsistent
with this AGREr'�NT, are hereby superseded,
- 32 -
�
ARTICLE XXYIII - CITY MII�GE PLAA ���e���
28.1 Automobile Reimbursement Authorized; pursuant to Chapter 92A of the
St. Paul I,egislative Code, as amended, pertaining to reimbursement of
City officers and employees for the use of their own automobi2es in
the performanc� of their duties, the following provisions ere adopted.
28.2 Method of Comoutation: To be eligible for such reimbursement all
officers and employees musu receive written authorization from the
Mayor. Reimbursement shall be made in accordance tirith one of the
following ptans:
Type 1. For those officers end employees who are
required to use their oWn auto:r:obiles occasionetly
for official City business, reinbur�ement at the
rate of 13 cents for each mile driven.
Type 2• Pbr those officers and employees who are
required to use their own automobiles on a regular
bssis en City business, rei:�bursement et the rate
of' �2.50 for each day of wor�, and in addition
thereto at the rate of 6.5 cents for each mile driven,
2�.3 Rules and Re�uletions: The Nfayor shall adopt rules snd regulations
governing the procedures for aut�mobile reimbursemer.t, which regulations
and rules shall contain the requirement that recipients shell file daily
reparts ind.icating place of origin and destination end applicable milesge
ratings thereat and indiceting total miZes driven, and shall file monthly
effidavits statin� the number of days worked and the number of miles driven,
and flarther required that they maintain sutomobile lie�ility insurance in
smounts not less then $100,000/300,000 for personal injury, and $2g�p��
for property damage. These rules nnd re�ulations, together With any
�mendments therEto, shall be maintained on file �rith the City Clerk.
28.�+ The provisions of this Article shall not apply to employees of
Independent School District No. 625.
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AFiTICLE XXIX - MILEAGE - INDEPENDENT SCHOOL DISTRICT �{625
29.1 E�nployees oP the School District under policy adopted by the
Board of Edueation may be reimbursed for the use of their auto-
mobiles for school business. To be eligible for such reimbursement,
employees must receive authorization from the District Mileage CoaBnittee
utilizing or.e of the follawing plans:
PIAN "A" is reimbursed at the rate of 15¢ per mile.
Ir. addition, a maxiarum amount which can be paid per
sonth is establisi:ed by en estimate flirnished by
the employee end the employee's supervisor.
Another consideration for establishing the maximum
a�ount can be the experience of another working in
the same or similar position.
Under this p18n, it is necessary for the employee to
keep a record of each trip made.
PLA,7 "C" provides for reimburseiaent based on a per
mont�lu.-r.p sum" aa.�unt. This amount is determined
by the ea:ployee' s driving experience under Plan "A"
for a period of 3 to 6 months, Those employees
receivir.g an ento allowance t:.-�der this plan must
report �or.thly the number of days the car was evail-
able during the month. A deduction must be made
from the lump sum �mount for each day the employee
is on vacation. A deduction need not be made for
an occssional day of illness or for holidey. "
_ 34 _
.ARTICLE XXX - SAFETY
30.1 Accid:?nt and injury free operatior:s si�all be the goal of �tll F�mglo3•Prs
and �sployees. To this enci the Ecnployer an3 E�np�oyee will, to the best
af �heir ability abid� by, and live up �o the requirez��nts af t:�e
severa� S�ate and Feders2 Construction Safety Ccdes and Regulations.
30,2 To this end the Flrployer shall from time to tirne issue rules or
notices to his gaployees regardir.g on the job safety requirement�s.
Any �ployee viol�ting such rules or not.ic�s shall b� subject to
discip3inary action. Ido Esnployee m�y be discharged for reft�sing to
wo�k under unsafe conditions.
30•3 Such safety equipment as requ3.red by governmental reguiation, shall
be provided without cost to the E�nployee. At the gcployer's option,
t:i� Eniployees may be required to sign fer safety equipu�ent and shall
�e oUligated to return same u�on discharge, layoff, quit or other
tQrcair.atian in comp�rnble cc.�.ition as wnen issued, provi�?ing reasc�n-
able°wear �nd tear. mae �n�loy�r shall hr�ve the rignt tn witl�ih�ld
the cost of such safety equip�±ent if not rett�rned.
_ �5 _
AF�TICLE �?OCI - LEGAL SERVICES
31.1 Except in the cas� of willful or wanton neglect of duty, the EMPIAYER
shall. defend, save harmless and indemnify an employee and�or his estate
against any claim or demand, whether groundless or otherwise, arising
aut o£ sn alleged ect or omission in the operation of a city-owned
motor vehi�le occurring in the performance and scope of the employee's
duties.
- 36 -
ARTICLE 7�CII - IXTRATION A1�1ID PLIDGE ,�6,��'�;�
32.1 This AGRE�NT shall becoffie efPective as of the date oP signin��
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 thereafter unless notice to
change or to ter�inate is given in the manner provided in 32.2.
32.2 If either party desires to terminate or modify this AGRE�T,
effective as of the date of expiration, the party wishing to
modif�r or terminate the AG� shall give written notice to
ttxe other party, not more than ninety (90� or less than sixty
(60) calendar days prior to the egpiration date, provided, that
the AG�NT may only be so terninated or modified eYfective as
of the expiration date.
32•3 Tn consideration of the terms and conditions of employmeat
established by this AGR�T and the recognition that the
GRENANCS FROCEDURE 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 AGREEMEI�IT:
32•31 The tTNION and the employees will not engage in,
instigate, or condone any concerted action in
which employees fail to report for duty9 willPully
absent themselves from work, stop Work, slow down
their work, or absent themselves in whole or part
fron the flill, faithflxl performance of their duties
of employment.
- 37 -
AR'TICLE XxXII - DURATI08 Al'PD PLIDGE (coxtinued)
32.32 The �I,OYER will not engage in, instigate, or
condone ar�y lock-out of employees.
32•33 This constitutes a tentative agreement between the
parties which will be recommended by the City Negotiator,
but is sub�ect to the appr�val of the Administration of
the City, the City Council and Independent School District
No. 6P5 and is also sub3ect to ratification by the UNION.
AGREED to this 13th day of Ju]y, 1977, and attested to as the ftill and
complete understanding oP the parties for the period of time herein specified
by the signature of the follrnring representative for the �LOYER and the UIQIOR.
WITNF�ES:
CITY OF 3AII�T PAIIL UNITED A3 CIATION PIUMBERS IACAL 3�+
• G�:acfi
Labor Re ons rect� B iness l�ager
Superintendent, Independent
school Distxict No. 625
- 3$ -
a�FErt��c A
The classes of ps�itions reco�;nized by the EMPLOyER as being exc]usivel.t�
re�resented by the UNI0�1 are as fo�.lows:
Flumber-ForeMan
Arprentice
Plumber
Senior Plurnbing Z�spector
Plizmbing Inspectcr
Plumbing Insper�or--Water Depsrtment
Water Meter Servi.�er�Gan
�nd other c].asses of positions that may be established by the EMPLOYER where
the duties and respon�ibi7ities assigned comes within the jurisdiction of the
UtQION
- Al -
.
F�i�'rr.I�T� C
Ef'fec�ive June 1, 1977, the basic hourl;� wage rate for provisionaZ, regular
and probatior.ary ernployees appointed t� the following classes of FOJZIilOI�J and
not receiving tt;e frir.ge benefits listed in Artic.le 12.2 shall be:
i�.�.i.^ib°T� . . . . � . . . . . • . • . • . . • • • • t� 9•UU
F'u:r.b�r-ia oremar: . . . . . . . . . . . . . . . . . 10.�?0
Plur.�bir.g Ins�ector . . . . . . . . . . . . . . . 10.4C
Flumbin� Inspec°tor-Water I7epartment . . . . . . . 10.4C
Senior Fltur.bir:� In�pector . . . . . . . , . . . . 11.C�3
Effective June 1., 1;;7, tti:e basic hourly �ti�age rate for temporary and eme:gerlcy
ez�pla;�e�s appointed to the fol.lowing cla�ses of positions shall be:
Fl�.unber . . . . . . . . . . . . . . . . . . . . . $10.07
Plu.*riber-Foreman . . . . . . . . . . . . . . . . . 10.82
Flutrbing Inspector . . . . . . . . . . . . . . . 10.82
Fltu^bir.g Inspecter-Water Department . . . . . . . 1C.82
SAni.or Plur:bzr� Inspectcr . . . . . . . . . . . . 11.47
AF�renti^e
0 - E m�r_ths . . . . . . . . . . 5� of Pluraber rate
7 - 12 months . . . , . . . . . . 55� of Plumber rate
13 - 18 months . . . . . . . . . . � of Plumber rate
19 - 2�+ months . . . . . . . . . . 65�0 of Plumber rate
25 - 30 months . . . . . . . . . . 70°� of Plua:ber rate
31 - 36 months . . . . . . . . . . 75� of Plumber rate
37 - 42 months . . . . . . . . . . 80°,b of Plumber rate
�:3 - tic� months . . . . . . . . . . 85� of Plumber rate
��; - ��+ mer,ths . . . . . . . . . . W� of Plumber rate
5; - 60 months . . . . . . . . . . �?;�O of Plumber rate
- C� -
�
. * 269593
APP'BI�IDDC C (continued)
Effective durie 1, 1976, the basic hourly rate for regular enployees appointed
to the class of Senior pl�mloing Inspector who ere receiving the fringe benefits
listed iu Article 12.2 shall be as shown belaw:
Senior Plumbing Inspector . . . . . . . . . . . . . . $10.88
�ffective June l, 19?7, the basic hourly Wage rate for regular e�ployees
appointed to the follow ng classes of positions xho are receiving the friage
benefits listed in Article 12.2 shall be:
Plumber . . . . . . . . . . . . . . . . . . . . . . . $10.07
Pl�er-Fbrenan . . . . . . . . . . . . . . . . . . . 10.69
Plumbing Inspector. . . . . . . . . . . . . . . . . . 10.69
Pl�m4bing Inapector Water Departmeat . . . . . . . . . 10.69
Senior Pl�bing Inspector . . . . . . . . . . . . . . 11.23
Effective June 1, 19?7, the basic hour�y wage rate for the class of Water
Meter 3erviceman shall be:
0 - 6 nonths of continuous service � 7.1�+
At`ter completion of 6 months
continuous service $ 7.52
- C2 -
AFPEI�'DIY. D
Effecti.ve June 1, 19'i7, the EN��LOY'r�i; shall:
(1) contribute $I.;2 per honr °ro� ahich payroll deductions have
been ��ade fcr all hours warked b;� participating employees as
�.efir.ed in Articles 12.3, 12.4 and 12.5 of this AGR'c.FMEI�"T,
ta a UNTO;� desi.�,'nated Credit L'nion.
(2� con�ribtxte $ .53 per hour for all hours worked by participating
emgloyees as defined in Articles 12.3, 12.4 and 12.5 of this
AGRE�hIENT, to the F�Iet�.ltYz and Welfare Fund.
(3, contribute � .50 �er hour for all hours worked by partici-
patii�g employees as defined in Articles 12.3, 12.4 and 12.5
of this AGRE'r:A��N�', to the Pension Fund.
(�t) contribu�e $ .06 per hotxr for all hours worked by participatir.�
e*nployees r�s defined in Articles 1�.3, 12.4 and 12.5 of this
AGREENIEI�'T, to the Journeyman and Apprenticeship Training Fund.
A1.1 contributi.ons Made ir. accordance with this Appendix shall be forwarded t�
t.Yie �rin City Pipe Traders Service Association.
�'k�e Eanploye.r srall est�blish Worl�nan's Compensation and Unemployr�ent Com�ensation
progrmms as required by Minnesota Statutes.
The II�IAYER'S fringe benefit obligation to participating employees as defined
in Articles 12.3, 12.4 and 1�.5 is limited to the contributions arad�or deductions
established by this AGREEME�IT. The actual level of benefits provided to enployees
shall be the responsibility of ths Trustees of the various flands to which the
II�IA7�R has forwarded contributions and�or deductiona.
- Dl -
, � _ �
• r� ,
� ' 2�����
APPE`,liIX E
WUR�•:IivG CONDI;IO:�TS FOR S�:�IC�Ft Pi.Li2�:'I�I�`G IT`TSPECTORS
� F1ND PLUIVI�SIivC; .INSz=ECTORS
As a result ��f th�° 1974 settlement, the Parties h�.ve established craft-
determined rates for Senior Plumbing ?nspectors and for Plumbing In-
G�ectors, with t;ie �+pecific u.r,cierstandin;; that such agreement is restricted
ta establishing rates of pay for such c?assifica.tions.
lt is, consequcnt.Iy, agreed that the �nplayer in applying Part 3.
EMI'LOYFR RIGHT5 - of the �'IAINTEN�NCE LA.t3C�R AGREEMENT,
�nal� have the right to operate. the Department i*: tlle same manner as here-
�o�ore, with managernent rights unaf3ected, a*:� that t:�e establishxnent of
�eparate rates for these clas�zfica.tic�ns a� w�ll as for. Tnspector classifica-
tions in other £�argaining Units, may not result in disputes over assignments
or over rates of pay for work performed, nor «�ill any jurisdictional claims
or restric�ions be asserted by the Union because members of various
Inspector classiiications are assigr.ed to u,•o�i�: which is also performed
by O�'1�E'_?' Inspector classifications.
- El -
, , � .. ����,��
- Do not det�ch this memorandum from the
.� r . .
- - resolution so that� t.his information will be OM �li �12/1975
availabfe to the City Council. . Rev. s� 9/8/76>
. . : .;,
EXPLANATIOl�T OF ADMINISTRATIVE ORDERS,
r
RESOLUTION�, AND �k�DINANCES
Date: Jv1y 13,. 1977 _
�ECEIVED
` AUG 2 1977
TO: �viAYOR GEORGE LATIMER
MAYOR'S OFFICE .
' FR; Persoa�elOffice
� RE: �,e�:olution for submissiou to City Council.
�; , v.
�
� ACTIQi� REQUESTED: • .
I recaznmend your apprpva.l and aubmission of this Resolution to the City Coq�►ci1.
; �
PURPOSE .AND RATIONALE FOR THIS.ACTION: Thi� resolu�io� ap�roves a.I9??
Agreemeat beLween tlie City of St. Paul,, 625 and the Plumbers Local 34.
Thie A�reement calls for a .37 an. hour utcrease ia wage s aad .36 ia fri.age s fux
a total pa.ckage hourlY i.ncrease of . ?5. This amovx�ts to appro�tirnately 6%.
. t
� Also inaluded in the.19?? Agreement is langua.ge changes wbich allaavs compeasatorg
-time to be graated for overtime wor.ked,<_ �
Aaother change is that a school board e�ployee ahall work oa a minor holida.y whea -
school is in see�ion at a straight tirne rate:"`' A�n.•other day will be grant�d as the hol�c�.q..
ATTACH�vlENTS:
Resolution, copy for City Clerk and. 1977+1Viaintena.ace Labor Agreer�nent. �
�_ ,_. . ..__ _. . . _ _
IrIDEX
ARTICLE TITLE PAGE
Fr�eamble iii
I Purpose 1
II Recognitzon 2
III �nployer t�igh�s 3
IV Union Ri.ghts 4
V Scope of Agreement 5
VI Frobationary Periods 6
VII Fhilosophy of Ilnployment Compensation 7
VIII Hcurs af Work �3
IX Overtime 9
X Call Back 10
XI Work Lacation - Residency 11
XII Wa�es 12
XIII Fringe Benefits 14
XIV Selection of Foreman and General Foreman 15
XV Retirement� 16
XVI Holidays 17
XVII Discipli.nary Procedures 18
XVIII Absences From Work 19
XIX Seniority 20
XX Jurisdiction 21
XXI Separation 22
XXII Too1s 2J
XXIII Grievance Procedure 24
XXIV Right of Subcontract 29
XXV Non-Discrimination 30
XXVI Severability 31
XXVII Waiver 3�
XXVIII City Milea.ge Plan 33
XXIX Mileage I.S.D. No. 625 34
XXX Safety 35
�I Legal Services 36
�❑C7CII Duration and Pledge 37
Appendix A
Appendix f3
Appendix C
Appendix D
Apper�dix E
- ii -