268652 WH17E - CITV CLERK COIlIICll /�����
PINK - FINANCE GITY OF SAINT PAUL
CANARY -DEPARTMENT F- �C�� �C7��
B�.UE �.�MAVOR File NO.
�, r
� • / �
�
O/ in�nce Ordinance 1�0. I�.P�QJ
Presented By
Referred To Committee: Date
Out of Committee By Date
An administrative ordinance approving the terms and
conditions of the 1976-77 Maintenance Labor Agreement
between the City of Saint Paul, Independent School District
No. 625, and the Sheet Metal Workers Local #76.
WHEREAS, the Council, pursuant to the provisions of Section 12. 09
of the Saint Paul City Charter and the Public Employment Labor Relations
Act of 1971, as amended, recognizes that for the purpose of ineeting and
negotiating the terms and conditions of employment, Sheet Metal Workers
Local #76 is the exclusive representative for employees falling within the
units as certi.fied by the Bureau of Mediation Services under the Case No.
73-PR-513-A; and
WHEREAS, t11e City through designated representatives and exclusive
representative s have met i.n good faith, negotiated conditions and terms of
employment for the year through April 30, 1g77, for such personnel as are
set forth in tlze Agreement between the City, Independent School District
No. 625, and the exclusive representative; now, therefore,
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1. That the Agreement created as of the effective date of
this ordinance, between the City of Saint Paul and the above-described
representative, on file in the office of the City Clerk, is hereby approved,
and the authorized administrative officials of the City are hereby authorized
and directed to execute said Agreement on behalf of the City.
Section 2. That the wage schedules indicated in the Agreement with
the above-described representative shall take force and effect retroactively
to the dates set forth in the Agreement, and in accordance with. the expressed
intent of the agreement of this Council contained in Council File Number 266410.
- 1 -
COUNCILMEN
Yeas Nays Requested by Department of:
Butler
' Hozza In Favor
Hunt
Roedler Against BY
Sylvester
Tedesco
Form Approved by City Attorney
Adopted by Council: Date
Certified Passed by Council Secretary BY
By
Approved by Mayor: Date � Approved by Mayor for Submission to Council
By BY
WHITE - CITV CLERK t Rt�����
PINK - FINANCE COUI1C11 �
�'ANARV - DEPARTMENT GITY OF SAINT PALTL File NO.
�-�+_U E .7,r M A V O R
� r • /-
Ordindnce Ordinance N�. Ilo��
Presented By
Referred To Committee: Date
Qut of Committee By Date
Section 3. That the early retiree benefits provided in 12. 21 of the
Agreement shall not become effective until the effective date of this
ordi.nance.
Section 4. That any other ordinance, rule or regulation, in force
when said Agreement takes effect, inconsistent with any provisions of t1�.e
terms or conditions of said Agreement, is hereby repealed.
Section 5. This ordinance shall take effect and be in force thirty
days after its passage, approval, and publication.
Approved:
Chairman
Civil Service Commis ' n
_ 2 _
COUNCILMEN Requested by Department of:
Yeas Nays
Butler PERSONNEL OFFICE
� Hozza In Favor
Hunt
Levine 0 A ainst By Thomas D. Gleason, Director
Roedler g
Sylvester
Tedesco MqR 1 7 1977 Form y ' y tto
Adopted by Council: Date �-
Certified P e b ouncil e retary / BY
By " ` —
Appro by Mayor: te e L 2'� �'377 Approv y MaXor for Su 'ssi n�to Council
By BY
PUBLISHED MAR Z 6 197T
.
. lC� �x=�
�-�
1976 - 1977 r �����
MAINTENANCE LABOR AGREEMENT
- between -
THE CITY OF SAINT PAUL,
THE INDEPENDENT SCHOOL DISTRICT N0. 625
- and -
SHEET METAL WORKERS
INTERNATIONAL ASSOCIATION
LOCAL 76
' INDF�C
. .
ARTZCLE TZTT.E PAGE
,�rcenb2e iii
� Farpose 1 �
ZI Reco�nition " 2
IZI �Iayer Rigttts 3
�iS� Un�on Pig:�ts ��
�I � Scape of Agreement 5
YT Prabationary Periods 6
________VIZ______ ____ Pk�ilosoahy of r.�playment and Cnmpensation 7
VI� :iours of Work � 8
I7C 4vertiae 9
X Call Back - 10
fi.0 . Work Locatian - Residency lI
XII Wages 22
�►3'II Fringe Benefits I�
XIV Selection of Foreman and Generel Fore�aa 15
�► Re�i.rement 16
XVI fIolideys 17
XVYT D�sciplinary Procedures 18
XV'�II Absences E�o� Work 19
XI� Seniority 20
XX Juris3fction 2I
�CZ Segeration 22
]�II Tools ' 23
XXIII Grievsnce P:-o�edure 24
X?CIV ?�.ight of Subcontract �9
�' fian-Discri�ination �p
3�VI S�verability . 31
aCXifIT Weiver " 32
h�CYZZI �ity 2�iilesge Plan �3
__ 7Fk3X i�ii 2E ege_ 3.i}.S.-���5_ __ _ ��
d� I3ur�,tion and Pledge 35
. Appendi�c A _
• A�spendix B
l.�pcndix C � .
�pgendix D
ii
�
P R E A M B L E
��`����
This AGREEMENT is entered into on this 4th day of February , 1977,
between the City of Saint Pau1 and the Independent School District No. 625,
hereinafter referred to as the EMPLOYER and the Sheet Metal Workers Inter-
national Association Local 76 hereinafter referred to as the UATION.
The EMPLOYER and the UNION concur that this AGREEMENr has 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
cooperation.
The EMPLOYER and the UNION both realize that this goal depends not
only on the words in the AGREEMENT but rather primarily on attitudes between
people at all levels of responsibility. Constructive attitudes of the CITY,
the UNION, and the individual employees will best serve the needs of the
general public.
iii
� .
' ARTICI.E I - RPRPOSE
�` ��
���� ,:�
1.1 The EMPI,p7tER end the UpIpN egree that the purpose for enterin int
8 0
� thf s AGREEt�NT i s to:
1.11 Achieve orderly and peecefhl reletions, thereby
establishing a system of uniaterrupted operations
and the highest level of employee performance that
_ __-- _ __ _ _ —-_ _ _ _ __
is consfstent with the safety end well-being of all
concerned;
1.12 Set forth rates of psy, hours cf work, and other
, conditions of employment as have been egreed u�pon
by the II�I,pyyE� end the UIYIpN;
1.13 Establish procedures to orderly and peaceflilly resolve
disputes as to the application or interpretation of
this AGR'EEMENT �aithout loss of manpower productivity.
1'2 The �LOYER and the UNIpN agree thet this AGREENN�NT serves as e
supplement to legislation thet creates and directs the Et�LpyER. If
any part of this AGREEMENr is in conflict with such legislation, the
latter shell prevail. The parties, on written notice, egree to negotiate
thst part in conPlict so that iz�conf�ms to the statute as provided
bY Article 26 (SEVF,'RAgILITY).
- 1 - �
1
� ARTICLE II - RECOGNITION
2.1 The II�iPLOYER recognizes the U1vI0N as thE exclusive representative
for r_ollective bargaining purposes for all personnel having an
emiloyment status of regular, grobationary, provisional, temporaxy,
and emergency employed in the classes of positions defined in 2.2
as certified by the Bureau of Medistion Services in accordance
with Case lYo. 73-PR-513-A dated May 15, 19'j3.
2.2 The classes of positions recognized as being exclusively represented
by the UI�ION are ss listed in Appendix A.
- 2 -
ARTICLE III - II+�IAYER RIGHTS ������
3.1 The IIrIl'LOYER reteins the right to operate and manage all manpower,
fecil.ities, end equipment; to establish functions and programs;
to set and emend budgets; to determine the utilizetion of
technology; to establish and modiflr the organizationel structure;
to select, direct, and determine the number of personnel: and to
- - -- __
perform any inherent managerial f�nction not specifically limited
' by this AGREEN�NT.
3.2 Any °tena or condition of employment" not established by this
AG�MENT shall remain-Nith the Ei�IAYER to e�i�ir�ate-, �odi�r, or
establish following written notificetion to the U1�I01�.
_ 3 _
. aKrrc� iv - vRrox �cxTS �����`�
��:s.�
4.1 The II+4'IAYER shall deduct from the wages of employees rrho authorize
such a deduction in writing en amount necessary to cover monthly
IIAIOIY @ues. Such monies deducted shall be remitted as directed by
the UIQION.
4.11 The Et�LOYER shall not deduct dues from the wages
oP employees covered by this AGREEMEIPP for any other
labor organization.
4,12 The UNION shall indemnify and save harmless the
, El�+�LOYER from any and all cleims or charges a�ede
against the EI�'LOYER as a result of the implem�ntation
of this ARTICLE.
b.2 The UP?IOAJ may designate one (1) employee from the bargaining unit to
act as e Steward end shall inPorm the Et�+�IAYER in writing of such
designetion. Such empioyee shall have the rights and responsibilities ss
des±gneted in Article 23 (GRIEVANCE PROCIDURE).
4.3 Upon notification to a designeted EMPLpYER supervisor, the Business
Manager of the [TNION, or his designeted representative shall be
permitted to enter the facilities of the EMPLOYER where eaiployees
. covered by this AGREEMENT are Working.
- 4 -
� ARTICLE V - SCOPE OF THE AGnEEMENT
5.1 This AG�1Pr establishes the "terms and conditions of employmentp
defined by M.S. 179.63, Subd. 18 for all employees exclusively
represented by the UNION. This AGREEMEIPT shell supercede such
"tex�s and conditions of employment" established by Civil Service
Rule, Council Ordil2ance, end Council Resolution.
__
- 5 -
' - ARTICLE VI - PROBATIONARY PERIODS
����:�,?
6.1 All personnel, originelly hired or rehired folZowing separetion, in
t regular employment stetus shall serve e six (6) month's probationery
period during which time the employee's fitness end ability to perfor.n
the class of positions' duties and responsibilities shall be evaluated.
6.11 At any time during the probationery period an
employee may be terminated at the discretion oP the
EI�LOYER i,rithout appeal to the provisions of
Article 23 (GRIEVANCE PROCEDURE).
6.12 An employee terminated during the probationary period
shall receive a written notice oP the reeson(s) for
such termination, a copy of Which shall be sent to the
UDTION.
6.2 All personnel promoted to e higher cless of positions shall serve a
six (6) months' promotional probationery period during which time
the employee's fitness and ability to perform tre cless of positions'
duties and responsibilities shall be evaluated,
6.21 At any time during the promotional probationary period
an employee may be demoted to the employee's
- _
previous�y held class oP positions at the discretion of
the EN�LOYIIt irithout appeal to the provisions of
Article 23 (GRIEVANCE PRO(,�DURE).
6.22 An employee demoted during the promotional
probstionary period shall be returned to the
employee's previously held class oP positions end
ahell receive a written notice of the reasons for
drmotion, a cop�• of xhieh shall be sent to the UNZOR.
�
- 6 -
� ARTICLE VII - PHIIASOP'HY OF F�+�lPIAYMENT AND C�NSATION
7.1 The EI�'LOYER end the UNION are in full egreement that the
philosop��y of employment and compensation shall be a "cash"
hourly Wage and "industry" fringe benefit system.
7.2 The �IAYER shell compensste employees for all hours worked
at the basic hourly wage rete end Yu�urly Pringe benefit rate as
found in Articles 12 (WAGES) and 13 (FRINGE B�FITS).
7.3 Ao other compensetion or fringe benefit shall be eccumulated
or earned by an employee except es specifically pmvided for
in this AGREEMEyT; except those employees who have individually
optioned to be "grandfathered" as provided by 12.2.
- 7 -
� . ARTICLE '.'III - HOURS OF WORK f�����
.� �:�
8.1 The normal work day shall be eioht (8) consecutive hours per day,
excludinE a th�rty (30) minute unpaid lunch period, between 7:00
a.�a. and 5:30 p.m.
8.2 The nor�l work week shall be five (5} consecutive normal work
days Monday through Friday.
8.3 If, durin� the term of this AGR�MEtIT, it is necessary in the
EMPIAY�R'S judgnent to establish second and third shifts or a
work week of other than A4onday through Friday, the UTIION agrees
to enter into negotiations i�ediately to establish the conditions
of such shifts and�or work weeks.
8.4 , This section shall not be construed as, and is not a guarantee oP,
any hours of work per normal work day or per norcial work �eek.
8•5 Al1 employees shall be at the location designated by their supervisor,
ready for �:ork, at the establislie�i starting time ard shall re�iain
at an assigned kork location until the end of the established wor�;
da;;� unless otherwise directed by their supervisor.
8.6 All employees are sub�ect to call-back by the II�'LpyER as provided
by Article 10 (CALL BACK).
8.7 Employees reporting for work at the established starting time and
for whom no work is available shall receive pay for two (2) hours,
at the basic hourly rate, unless notification has been given not
to report for work prior to leavins home, or during the previous
work day.
- 8 -
!u['�i(:LC� lx - OVVE:RTiM�
.,
9.1 All overtime compenseted for by the F�+�LOYER must receive prior
authorization from a designated EA+�LOYER supervisor. No overtime
r�rk claim Frill. be honored for payment or credit unless approved in
advance, An overtime claim will not be honored, even though shoWn
on the time card, unless the required advance epproval has been
obtained.
9.2 The overtime rate of one and one-half (1�) the basic hourly rate
shall be paid for work performed under the follo�ring circumstances:
9.21 Time worked in excess of eight (8) hours in eny one
normal work day snd
9.22 Time worked on a sixth (bth) day following a_rxorm�l
work Week,
9•3 The overtime rate of tWO (2) times the basic hourly rate shall be
paid for work perfora►ed under the following circumstances:
9•31 Time worked on a holiday as defined in Article 16
(HOLIDAYS); �
9.32 Time worked on a seventh (7th) day following a
normel �rork Meek; and
9•33 Time worked in excess of twelve (12) consecutive hours
in a tWenty-four (24� hour period, provided, that ell
"e�mergency" work required by "Acts of God" shall be
compensated at the rate of one and one-half (12).
9.4 For the purposes of calculating overtime compensation overtime hours
Worked shall not be "pyramided", compounded, or paid twice for the
same hours worked.
9•5 Overtime hours worked as provided by this ARTICLE shell be paid in
cash.
- 9 -
. ������
ARTICLE X - CA,LL BACR
10.1 The EMPIAYER retains the right to call back employees before en
employee has started a normal work day or normal work Week end
after an employee has co�leted e normal work dey or normal w�ork
t�eek.
10.2 �iaployees called back shall receive a minimum of four (4) hours
pay at the basic hourly rete.
10.3 The hours worked based on a call-back shall be compensated in
accordence with Article 9 (OVERTIME), when applicable, and sub�ect
to the minimum established by 10.2 above.
10.4 F�ployees 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)•
- 10 -
__ __
. r�����
ARTICLE XI - WORK IACFiTIOT�i, RESIDE'�CY
11.1 Eln�,]_oyee� shal.l report to w•orl� loc�ation a� assigned by a designated
F�'LOl'ER supervisor. During tr.e normal �-ork day e�ployees may be
assigned to other work locations at the discretion of the EMpLOyER.
11.2 F.�►ployees assigned to work locations during the normal work day,
other than their ariginal assignment, and who are required to f�rnish
their own transportation shall be compensated for mileage.
11.3 Al1 new employees appointed after January l, 1g76, would be required
to reside in the City of Saint Paul within one year of their original
, appoir,tment, and thereafter would be required to remain within the
City limits as long as they were employed by the City of Saint Paul.
11.4 This residency requirement shall apply to unclassified err�loyees as
kell as classified employees.
11.5 AFplicants for positions in the City of Saint Paul will not be required
to be residents cf the City of Saint Paul.
11.6 �r:pleyees failing to meet the residency requirement will be subject
to tern;ir.ation and a hearing process shall be established to determine
whet�er the resider.cy reqairer�ent k�as met,
_ ]„1 _
ARTICLE XII - WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be
paid for all hours worked by an employee.
12.2 Employees who are covered by the fringe benefits listed below shall
continue to be covered by such benefits. They shall be subject to
all other provisions of the AGREEMENT, but shall not have hourly
fringe benefit contributions and/or duductions made on their behalf
as provided for by Article 13 (FRINGE BENEFITS) .
12.21 Insurance benefits as established by City of Saint Paul
Resolutions including health insurance for early retirees
who have retired since Feburary 1, 1975.
In order to be eligible for the health benefits under the
early retiree provision, the employee must:
Be receiving benefits from a public employee
retirement act at the time of retirement.
Have severed his relationship with the City of
Saint Paul under one of the early retiree plans.
12.22 Sick Leave as established by Ordinance No. 3250,
Section 35, Subdivision E.
12.23 Vacation as established by Ordinance No. 6446,
Section 1, Subdivision F, howevar, employees in this
bargaining unit, covered by this vacation provision,
shall be granted vacation at the rate of 160 hours
in each calendar year. '
12.24 Nine (9) legal holidays as established by Ordinance
No. 6446, Section 1, Subdivision G
12.25 Severance benefits as established by Ordinance No.
1I490 with a maximum payment of $4,000.
- 12 - '
ARTICLE XII - WAGES - continued
12.3 Regular employees not covered by the t�inge benefits listed in Article
12.2 ahall be considered, for the purposes of this AGRED�NT, participating
emplayees and shall be compensated in accordance with Article 12.1 (WAGES)
and have fringe benefit contributions and�or deductiona made on their behalf
as provided for by Article 13 (FRINGE BENEFITS).
12.4 Provisional, temporary, and emergency employees shall be considered, for
the purposes of this AGREII�NT, participating employees e.nd shall be com-
pensated in accordance with Article 12.1 (WAGES) and have fringe benefit
contributions and�or deductions made in their behalf as provided for by
Article 13 (FRINGE BENEFITS).
12.5 All regular employees employe� after February 15, 1974, shall be considered,
For the purpose of this AGREEP+IENT, participating employees and shall be
compensated in accordance with Article 12.1 (WAGES) and have fringe benefit
contributions and�or deductions made on their behalf as provided for by
Article 13 (FRINGE BENEFITS).
� - 13 -
ARTICLE 7CIII - FRINGE BENEFITS ,�����1�
���`,�
13.1 The EN�IAYER shall make contributions on behalP of end/or
me�ke deductions from the wages of employees covered by this
AGREEMENT in accordance �rlth Appendix D for all hours worked,
_ ._ _ _ __
- 14 -
ARTICLE XN - SELECTION OF FORENN,A�'� AIr'D G�.NERAL FOREMAN �'�'����
•r a���- ° Y� ,t.,y
14.1 The selection of personnel for the class of position Sheet
Metal Foreman shall remain solelf with the ;�LOyER.
14.2 The class of position Sheet Metal Fbreman sh.all be filled
by employees of the bargaining unit on a "temporary assignment".
14.3 All "temporary assignments" shall be made only at the direction
of a designated EMPLOYER supervisor.
14.4 Such "temporary assignments" shall be made only in cases where
the class of positions-is vacant for more than on� (1) normal
work day.
- 15 -
ARTICLE XV - RETIREMENT
15•1 All e�ployees shall retire from employment with the EMPLOYER
no later than the lest calendar dey of the month in rihich an
employee becomes sixty-five (65) years old.
__- --
- 16 -
ARTICLE XVI - HOLIDAYS
B�
l �����
16.1 The follorring nine (9) deys shall be designated es holidays:
Aew Year's Dey, January 1
President's Day, Third Monday in Februery
Memorial Day, lest Monday in M�+y
Independence Dey, July 4 � �
I,sbor Day, first l�bnday in September
Columbus Day, second Monday in October
Veteran's Dey, November I1
� Thanksgiving Day, fourth Thursday in November
Christmas Dey, December 25
16.2 When AeW Year's Day, Independence Day or Christmas Day fa21s on e
Sunday, the follo�ring Monday shall be considered the designeted
holiday. When any of these three (3) holidays falls on a Saturday,
the preceding Friday shall be considered the designated holidey.
16.? The nine (9) holidays shall be considered non-work days.
16.4 If, in the �udgment of the EMPLOYER, personnel are necessary for
operating or emergenc�r reesons, employees may be scheduled or
"called back" in eccordance with Article 10 (CALL BACK).
16.5 Employees working on a designated holiday shall be compens�ted at
the rate of tWO (2) times the basic houriy rate for all hours
�rorked.
- 17 - ,
� ARTICLE XVII - DISCIPLIRARY PROCEDU�S
17.1 The EMPLOYER shall heve the right to impose disciplinary actions on
emp2oyees for �ust cause,
17.2 Disciplinary actions by the ENIPLO�R shall include only the
following actions:
___I7.21 Oral reprimand
17.22 Written reprimend
17.23 Suspension
17.24 Demotion
17.25 Discharge
17.3 F�nployees who are suspended, demoted, or discharged shsll have the
right to request thet such actions be reviewed by the Civil Service
Commission or a designeted Board of Revierr. The Civil Service
Co�ission, or e designated Board of Revieir, shall be the sole end
exclusive means of revieKing a suspension, demotion, or discharge.
No appeal of a suspension, demotion, or discharge shall be considered
a "grievance" for the purpose of processing through the provisions
oP Article 23 (GRIEVANCE �"ROCIDURE).
- 18 -
ARTICLE XVIII - ABSENCES FROM W4R�C
18.1 F�nployees who are unable to report for their noza�al rrork day have
the responsibility to iiotify their supervisor of such absence as
soon as possible, but in no event later than the beginning of such
�rork day.
18.2 Failure to make such notification may be grounds for discipline
as provided in Article 17 (DISCIPLINARY PROG'IDURES).
18.3 Failure to report for work without notification for three (3)
consecutive normal work days may be considered a "quit" by the
Et+�'IAYER on the part of the employee.
- 19 -
, ARTICLE xDC - SEIPIORITY �
� ` �� ?�
r. a :
� � �-Ari_�
19.1 3eniority, for the purposes of this AGREII�I9T, shall be defined as
follo�rs:
19.I1 "Mastei• Seniority" - the length of continuous reguler
end probetionary service with the EMpLOYEFt from the
lest date of employment in eny and all class titles
covered by this AGREEN�ATP.
19.12 "Class Seniority" - the length of continuous regular
end probationery service with the E[�LOYER from the
dete an employee Was first appointed to e class title
covered by this AGREEMEI9T.
19.2 Seniority shall noy accumulate during an unpaid leeve of ebsence,
except When such a leave is granted for a period of less than thirty
(�) cetlendar days; is granted beceuse of illness or injury; is
granted to allow an employee to accept en aFpointment to the
unclassified service of the II�IA�R or to an elected or appointed
flill-time positior. vi.th the iTNI01�.
19,3 8eniority shall terminate when an e�mployee retires, resigns, or is
discharged.
19.4 In the event it is determined by the II�LOYER that it is necessar,y to
reduce the work force e�mployees will be laid off by c2ess tirle within
each Department based on inverse length of "Class Seniority." �mployees
laid off shell have the right to reinstetement in eny 1oWer-peid class
title, provided, eir,ployee has greater "Master Seniority" than the employee
being repleced.
19.5 The selection of vacation periods shall be made by cless title based on
length of "Class Seniority", sub�ect to the approval of the EA+IFLOYER.
- 2p _ .
ARTICIE XX - JURISDICTION .
2p,1 Disputes concerning work �urisdiction between and among unions is
recognized as an appropriate sub3ect for determination by the various
vnions representing employees of the EMPL07tER•
Zp�2 �he E�+lpLpYER agrees to be guided in the assignme�:lt of frork jurisdiction
- ---- ---- _----
_ ---- _---
by eny mutuel egreements betWeen the unions involved. -
20.3
In the event of a dispute concerning the performance or assignment of
�ork, the unions involved and the EI�IAYER shall meet as soon as mutuelly
possible to resolve the dispute. Nothing in_the foregoing shall restrict
the right of the E1�IA7tER to accomplish the work as originally assigned
pending resolution of the dispute or to restrict the El�LOYER's basic
right to essign work.
20,l� pny employee re�sing to perform work assigned by the ENIPLOYER and es
clarified by Sections 20.2 and 20.3 ebove shall be sub�ect to disciplinary
ection as provided in Article 17 (DZSCIPLINARY PROCEDU�S)•
2p�5 There shall be no work stoppage, s1oW drnm, or any disruption of work
_ __ resultinB_ frana_� �ork_assignment.
- 21 -
. � �
. �- !,!�'��'�,�
� i.��
ARTICLE XXI - SEPARATION
21.1 F�ployees heving e probetionary or regular eu�ployment stetus shall
be considered separated from employment based on the following
actions:
21.11 Resignetion. F�nployees resigning from employment
shall give written notice fourteen (14) cale�,dar
days prior to the effective date of the resignation,
� 21.12 Retirement. As provided in Article 15.
21.13 Discherge. As provided in Article 17.
22.1b Pailure to Report for Duty. As provided in Article 18.
21.2 Employees having an emergen^y, temporary, or provisional employme:�t
status may be termineted at the discretion of the II�LOYER before the
completion of a normal work day.
• - 22 -
ARTICLE 7IXII - TOOLS �
22.1 All employees shall personnlly provide themselves �rith the tools
. of the trsde as listed in Appendix B,
. • 23 -
. ARTICLE XXIII - G�VANCE PROCEDURE
23,1 The II�'LOYER shall recognize Stewards selected in eccordance Wi.th UPIION
rules and reguletions as the grievance representative of the bergaining
�
unit, The iTNION shall notify the Et�+�PLOYER in wx�iting of the names of
; the Stewards end of their successors when so named,
;
23.2 It is recog:�ized and accepted by the ENQ�IAYE�t and the URION that the
processing of grievances as hereinafter pro�rided is limited by the 3ob
duties and responsibilities of the employees and shell therefore bc
sccomplished during workin� hours only when consistent with such
. employee duties and responsibilities. The Steward involved end a
grieviag employee shall su�:er no loss in pay when e grievance is pro-
cessed during working hours, provided, the Stewerd and the easployee hsve
notified and recei��ed the approval of their supervisor to be absent to
process a grievance and that such absence would not be detrimental to
the work progrsms of the EMPIAYER.
23•3 T'he procedure established by this ARTICI� shall be the sole and exclusive
procedure, except for the appeel of disciplinary action as provided by
17.3, for the processing of grievances, Which are defined as an alleged
violation of the terms and conditions of this AGREEMENT.
23.4 Grievanees shall be resolved in conformance with the following procedure:
Step l. IIpon the occurence of an alle�ed violation of this
AGREEMENT, the employee involved shall attempt to
resolve the metter on en informal basis `rith the
- 24 -
� ARTICLE XXIII - GRIEVANCE PROCEDURE (CONTINUED)
employee's supervisor. If the matter is not resolved
to the employee's setisfection by the infoninal 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 elleged section(s) of the AG�MEIIVTT violeted , and
the relief requested. Any alleged violation oP the
A(iREEMENT not reduced to writing by the UIdION within
' seven (7) calendar dsys of the first occurrence of the
event giving riss to the grievance or w3thin the use of
� reasonable diligence should have ha�d 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 EI�ZOYER supervisor ahall
meet with the tT1VI0N Steward and attempt to resolve the
grievance. If, ns a result of this meeting, the grievance
remains unresolved, the EI�IAYER shall reply in writing to
_ _ _ _�Yte �TN38N w�thi�r -ti�ree
—(� ca3�ndar days following this
meeting. The UI�TION may refer the grievance in writing to
Step 3 Wi.thin seven (7) calendar days following receipt of
the ENIPLOYER's written enswer. Any grievance not referred
in writing by the tJNION within seven (7� calendar deys
following receipt of the EI�LOYER'S ansWer shall be
considered `reived.
- 25 -
� . ARTICLE XXIII - GRIEVANCE PROCEDURE (COl'Pi'INIIED)
Sttp 3, Within seven (7) calendar days following receipt of a �
grievance referred from Step 2 e designated II�LOYER
supervisor. shall meet with the UIPION Business Maneger
or his designated representative and attempt to resolve
the grievance. Within seven (7) calender days following
this meetin� the EA+IPLOYER shall reply in writing to
the UIPION stating the EA'IPLOYER'S answer concerning
the grievance. If, es a result of the Written
response the grievance remains unresolved, the iTNION
may refer the grievence to Step �+. Any grierance not
referred to in writing by the UIPIOIQ to Step � within
seven (7) calend�r days following receipt of the
EMPIAYER'S answer shall be considered Weived.
Step 4, If the grievance remains unresolved, the TJNION may
• �ri.thin seven (7) calendar days after the response of
the EMPLOYER in Step 3, by written notice to the
EI�LOYER, request arbitration of the grievance, The
arbitration proceedings shall be conducted by en
arbitrator to be select�d by mutual agreement of
the F�?AYER and the UbTION within seven (7) calendar
deys after notice hes been given. If the parties
feil to mutually egree upon en arbitrator within the
seid seven (7) day period, either party may request
the Public F3nployment Reletion Board to submit a
- 26 -
ARTICI,E XXIII - GRIEVANCE PROCEDURE (COflTIPUE'D)
panel of five (5) erbitrators, Both the EMPLOYER
and the tTNION shall have the right to strike t�ro
(2) names from the panel. The UMION shall strike
the first (lst) neme; the �LOYER shall then
strike one (1) name. The process will be repeated
and the remaining person shall be the arbitrator.
23•5 The arbitrator shall have no right to amend, modif�r, nullify,
ignore, add to, or subtrect from the provisions of this AGREEMENT.
The arbitrator shall consider and decide only the specific issue
submitted in writing by the EI�LOYER end the TJNION and shell
have no authority to make a decision on any other issue not so
submitted. The arbitrator shall be without po�er to make decisions
contrery to or inconsistent with or modifying or varying in eny way
the application of laws, rules, or regulations having the force and
effect of law. The arbitrator's decision shall be submitted in
writing within thirty (3� days following close of the hearing or
the submission of briefs by the parties, Whichever be later, unless
the parties agree to en extension. The decision shall be based
solely on the arbitrator's interpretation or application of the
express terms of this AGREEMENT and to the fects of the grievance
presented. The decision of the erbitretor shall be final and binding
on the ENIPIAYER, the U'NION, and the employees.
- 27 -
ARTICLE 7IXIII - GRIEVANCE PROCEDURE (CONTI1QtlED)
23.6 The fees and expenses for the arbitrator's services and proceedings
shall be borne equslly by the E2�IAYER and the LTNION, provided that
each perty shall be responsible for compensating its own representative
and �ritnesses. If either party desires a verbatim record of the
proceedings, it may cause such e record to be made prov�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 EMPIAYER and the UNTION.
_ __ _ _
- 28 -
ARTICLE )IXIY - RIGHT OF SUBCONTRACT �
.��`� ''_��S:t:fi
24.1 The EMPLOYEft may, et any time during the duration of this
AGREEMENT, contract our work dor.e by the employees covered
by this AGREEl�NT. In the event that such contracting would
result in a reduction of the �ork force covered by this
AGREEMENr, the EMPLOYER shall give the UPTION e ninety (90)
celendar dey notice of the intention to sub-contract.
2�.2 The sub-contracting of work done by the employees covered
by this AGREII�NT shall in all cases be mede only to employers
who qualify in eccordance with Ordinance No. 14013.
- 29 -
ARTICLE aOCV - NpN-DISCRIMINATIOIP r�����
25.1 The terms end conditions of this AGREEMENT will be applied to
�mployees equally without regard to, or discrimination for or
against, any individuel because of race, color, creed, sex,
age, or becaase of inembership or non-m�bership in the U1�ION.
25.2 �mployees will perform their duties end responsibi�ities in
a non-discriminatory manner as such duties end responsibilities
involve other �mployees end the general public.
- 30 -
ARTICLE 7IXVI - S�VERABILITY
26.1 In the event that eny provision(s) of this AGREEMEI�T is declared
to be contrary to Iax by proper legislative, administrative, or
�udiciel authority from whose finding, determination, or decree
no appeal is teken, such provision(s) shall be voided. All other
__�rovisions_shall continue_in flill force and effec.�.
26.2 i'he parties agree to, upon written notice, enter into negotiations
to place the voided proviaions of the AGREEMENT in complinance
Nith the legislative, edministrative, or �udicial determination.
- 31 -
ARTICLE 7DCVII - WAISiER
27.1 The F�IPLOYER and the UNION acknowledge thet during the meeting
and negotiating which resulted in this AGR�MENT, each yed the
right and opportunity to make proposals with respect to eny
sub�ect concerning the terms and conditions of employment. The
agreements and understandings reached by the parties after the
exercise of this right ere flil2y and completel� set forth in
, this AGREEMENT.
27.2 Therefore, the II�LOYER end the LTNION for the duration of this
AGREEMEIPP agree that the other pary shall not be obligated to
meet and negotiate over any term or conditions of employment
♦rhether specifically covered or not specifically covered by this
AGF�EMEI9T. The tTNION and EN�LOYER mey, however, mutuslly agree
to modify any provision of this AGREII'�NT.
27.3 Any and all prior ordinences, sgreements, resolutions, practices,
policies, and rules or regulations regarding the terms and
conditions of employment, to the extent they are inconsistent
with this AGREEMENT, are hereby superseded.
_ __.
- 32 -
. � � �'����,�
ARTICIE 7�CVIII - CITY MII�AGE PIAft
28.1 Automobile Reimbursement Authorized: pursuant to Chapter 92A of the
St. Paul Legisletive Cod�e, as amended, pertaining to reimbursement of
City ofPicers and employ�es for the use of their own automobiles in
the performance of their duties, the follawing provisions ere adopted.
28.2 Method of Computation: To be eligible for such reimbursement all
officers and earployees must receive written suthorization from the
� Msyor. Reimbursement shell be made in accordance With one of the
: followfng p2ans:
e 1. �'or those officers and employees who are
required to use t3�eir own automobiles occasionally
for officiel City! business, reimbursement et the
rate of 13 cents for each mile driven. ,
e 2. �1ar thos!e officers and employees who are
required to use their own automobiles on a reguler
basis on City bus,iness, reimbursement et the rate
of $2.50 for each day of work, end in eddition
thereto at the rate of 6.5 cents for each mile driven,
28.3 Rules and Reguletions: The N�yor shell adopt rules and regulations
governing the procedures for eut�mobile reimbursemer.t, which regulations
end rules shall contain the requirement that recipients she12 file daily
reparts indicating place oP origin and destination and applicable mileage
ratings thereat and indicating total miles dri.ven, and sha11 file monthlv
affidavits statin� the number of days worked and the number of miles driven,
and fl�rther required that they maintain automobile lia�ility insurance in
amounts not less than $100,000/300,000 for personal in�ury, and �25,06p
for property damage. These rules end regulations, together With any
amendments thereto, shall be maintained on file �rith the City Clerk.
28.4 The provisions of this Article shell not apply to employees of
Independent School District IYo. 625,
- 33 -
' • ARTICLE XXIX - MILEAGE - INDEPENDE?iT SCHOOL DISTRICT #625
29.1 Fyaployees of the School �District under policy adopted by the
Board of Daucation may be reimbursed for the use oP their euto-
mobiles for school businless. To be eligible for such reimbursement,
employees must receive authorization from the District Mileege Coaunittee
utilizing one oP the fol�crwing plens:
PIAN "A" is reimbursed at the rete -of 15¢ per mile.
Ir. addition, a maximum amount Which can be paid per
month is establi�'r.ed by an estimate flirnished by
the employee end the employee's supervisor,
Another consideration for establishing the maximum
aa�unt can be th� e�cperience of another Working in
the same or similar position.
Under this plan, ,,it is necessary for the employee to
keep a record ofleach trip made.
PLA1� "C" provides for reimbursement based on a per
mont�lump sum" amount, This amount is determined
by the employee'� driving experience under Plan "A"
for a period of 3 to 6 months. Those employees
receivir.g an anto allowance i:nder this plan must
report mor.thly the number of days the car was avail-
able during the aionth. A deduction must be made
from the lump sum emount for each day the employee
is on vacation. A deduction need not be made for
en occasional day of illness or for holiday.
_ __ _._ _ , _ __ _ _ __
- 3�+ -
� ARTICLE XXX - DURATION AND PT,.EDGE
30.1 This AGREEMENT shall become effective as of the date of signing,
except as specifically provided otherwise in Articles 12 and 13,
and shall remain in effect through the 30th day of April, 1977,
and continue in effect from year to year thereafter unless
notice to change or td terminate is given in the manner provided
_ _ --
-- — -- -
in . .
30.2 If either party desires to terminate or modify this AGREEMENT,
effective as of the date of expiration, the party wi.shing to
modify or terminate the AGREEMENT shall give written notice to
the other party, not �ore than ninety (90) or less than sixty (60)
calendar days prior to the expiration date, provided, that the
AGREEMENT may only be so terminated or modified effective as of
the expiration date.
30.3 In consideration of the terms and conditions of employment estab-
lished by this AGREEMENT and the recognition that the GRIEVANCE
PROCEDURE herein established is the means by which grievances con-
cerning its applicatian or interpretation may be peacefully resolved,
-tl�e parti�s-�ereby-�leclge 3-�a-t �uri�g the term of the AGREEMENT:
30.31 The U1�TION and the employees will not engage in,
instigate, or condone any concerted action in
which employees fail to report for duty, will-
fully absent themselves from work, stop work,
slow down their work, or absent themselves in
whole or part from the full, faithful perfor-
mance of their duties of employment.
- 35 -
ARTICLE X� - DURATION AND PLEDGE (continued)
30.32 The EMPLOYER will not engage in, instigate,
or condone any lock-out of employees.
30.33 This constitutes a tentative agreement between
the parties which will be reco�ended by the
City Negotiator, but is subject to the approval
of the Admi.nistration of the City, the City
Council and Independent School District No. 625
and is also subject to ratification by the
Association.
AGREED to this 4th day of February, 1977, and attested to as the
full and complete understanding of the parties for the period of time herein
specified by the signature of the following representative for the EMPLOYER
and the ASSOCIATION:
WITNESSES:
SHEET METAL WORKERS INTERNATION
CI OF SAINT PAUL ASSOCIATION, LOCAL 76
. • ,� � • �
�� �Y-Z 2 IC/��l��• 1`.J L�f�lE_�L�
La or Relations Business Manager
� r
. ,
� � i -_,
'���' � ' ��i� �zf"' �-
Civil Service i.ommission
Mayor
City Attorney
Independent School District 625
- 36 -
. ,
APPENDIX A ���`"�
The classes of positions recognized by the EMPLOYER as being exclusively
represented by the UDTION are as follows:
Sheet Metal Worlker - Fore�man,
Sheet Metal Wor�er,
Apprentice
- -SIiee�-1�Ieta1 Inspector;
and other classes of positions' that may be established by the EI�'IA�R
where the duties and responsib�lities assigned comes withi.n the jurisdiction
oF the t)NION.
- Al -
0
- APYENDIX B
Tool Box
Whitney, Small
Cresent Wrench or set of Open End Wrenches
Center Purches
Racksaw Frame
_ ___
Small Hand Tongs
6' Folding Rule
Scr�r Driver
Scratch Awls -- ____ .
Pliers
Snips, Straight-aviation I, and R
Ha�ers (Tinners)
Doily Bar
Combination Squa�e
Prick Punch ,
10' Tape '
Dividers
- B1 -
� •
! APPENDIX C
The basic hourly wage rate for provisional, regular and probationary
employees appointed to the following classes of positions and not receiving
the Fringe Benefits listed in Article 12.2 shall be:
Effective
May 1,1976
Sheet Metal Worker . . . . . . . . . . . . $10.35
Sheet Metal Worker - Foreman . . . . . . . $11.07
The basic hourly wage for temporary and emergency employees appointed
to the following classes of positions shall be•
' Effective
May 1,1976
Sheet Metal Worker . . . . . . . . . . . . $10.76
Sheet Metal Worker - �'oreman . . . . . . . $11.51
Apprentice
0 - 6 months . . . . . . . . . 50% of Sheet Metal Worker rate
7 - 12 months . . . . . . . . . 55% of Sheet Metal Worker rate
13 - 18 months . . . , . , , . . 60% of Sheet Metal Worker rate
19 - 24 months . . . . . . . . . 65% of Sheet Meta1 Worker rate
25 - 30 months . . . . . . . . . 70% of Sheet Metal Worker rate
31 - 36 months . . . . . . . . . 75% of Sheet Metal Worker rate
37 - 42 months . . . . . . . . . 80% of Sheet Metal Worker rate
43 - 48 mont�hs . . , . , . . . . 90% of Sheet Metal Worker rate
The basic hourly wage rate for regular employees appointed to the following
classes of positions who are� receiving the Fringe Benefits listed in Article 12.2
shall be:
- C1 -
- _ _ J:.� _ .- „ _ . _ . ,.-
' _
•
' APPENDIX C (continued)
Effective
May 1, 1976
Sheet Metal Worker . . . . . . . . . . . . $9.49
Sheet Metal Worlcer - �oreman . . . . . . . $10.10
Sheet Metal Inspector. . . . . . . . . . . $10.07
- C2 -
_ ___:= _ :,: ____ _ �1 �� __ � _ .. _ _ _ _ — � -
- - -- .., � , �:_-�, --__�__ � __ - -
. - .___,. .. ,
` - - . ___ _.. _ ,_,
P � -
j .
APPENDIX D c�n
!" { �
^�`���_`�
Effective May 1, 1976, the EMPLOYER shall:
` (1) contribute $ .59 per hour for all hours worked by
participating employees as defined in Articles 12.3,
12.4 and 12.5 of this AGREEMENT to a Welfare Fund.
(2) contribute $ .65 per hour for all hours worked by
participating e�}ployees as defined in Articles 12.3,
12.4, and 12.5 af this AGREEMENT, to a Pension Fund.
; (3) deduct $1.05 per hour for all hours worked from the
earnings of participating employees as defined in
Articles 12.3, 12.4 and 12.5 of this AGREII�NT, and
forward to a Vacation Fund.
" (4) contribute $ .06 per hour for all hours worked by
participating employees as defined in Articles 12.3,
12.4 and 12.5 of this AGREEMENT, to the Journeyman
and Apprenticesh�p Training Fund.
All contributions and' deductions made in accordance with this Appendi�c
shall be forwarded to depositories as directed by the UNION.
The EMPLOYER shall establish Worl�an's Compensation and Unemployment
Compensation programs as required by Minnesota Statutes.
The EMPLOYER'S fringe benefit obligation to participating employees as
defined in Articles 12.3, 12.4 and 12.5 is limited to the contributions and/or f
deductions established by this AGREEMENT. The actual level of benefits pro-
vided to employees shall be the responsibility of the Trustees of the various
funds to which the II�LOYER Y}as forwarded contributions and/or deductions.
- D1 -
. � .
Do not detach t is memorandum from the ��Pcy���
ordinance so that this information will be OM ol: 12/1975
available to the C ty Council. Rev, : 9/8/76
EXPLANATTON OF ADMINISTRATTVE ORDERS, �,,�
RESOLUT�O S AND ORpINANCE5 �����`''''�'
Date: February 8, 1g77
TO: MAYOR GE�RGE LATTMER
FR; Personnel Office
RE; Ordinance for submission to e City Council.
ACTION REQUESTED:
VPe recommend your approval and submission of this Ordinance to the
City Counci.l.
PURPOSE AND RATIONALE FCaR THI ACTZON:
Thia ordi.nance approves a 19 6-77 contract bei.ween the City, I.S.D. 625,
and the Sheet Meta1 Workers ocal #76. This contract gives Healtl�. and
Welfare benefits to early reti ees a.nd increases the maxi.mum severance
pay from $3, 000 to $4, 000. I also adjusts the wage rates based on the
outside union rates.
ATTACHMENTS;
Orcii.nan�e a.n.d copy for City C erk. Also copy of contract. ��
� G'�
���
)
, �
, . � ��}
lst - —��/ � 2nd �/�
3rd _J� �� Adop ted �f� __
Yeas Nays
BUTLE R
_ HOZZA
� c�c �►
- HUNT� <,`�F��;�,�
LEVINE ��. '
_ ROEDLER
TEDESCO
PRESIDENT (SYLVESTER) �
%