268704 WHITE - CITV CLERK �[>[�I�A
� CANARY -DEAARTMENT �•�/lJ �lT Z
GITY OF SAINT PATTL Council
BLUE - MAYOR File NO.
•
• " Or inccnce Ordinance N 0. r� ��
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 and. Elevator Constructors
Local No. 9.
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, the following described.
Local is the exclusive representative for City employees falling within the
unit as certified by the Bureau of Mediation Services under the corresponding
described case number:
Elevator Constructors Local No. 9 - Case No. ?3-PR-475-A
Apri113, 1973
and
WHEREAS, the City through designated rep�esentatives and the exclusive
representative have met in good faith, negotiated conditions and terms of
employment for the ye�.r through April 30, 1977, for such personnel as are
set forth in.the agreement between the City and the ��clusive 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-d.escribed representative,
on file in the office of the City Clerk, is hereby approved, and the authorized.
admi.nistrative officials of the City are hereby authorized and directed to
execute said agreement on behalf of the City.
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COUIVCILMEI�1 Requested by Department of:
Yeas Nays
Butler
Hozza In Favor
Hunt
Levine Against BY
Roedler
Sylvester
Tedesco
' Form Appr ved City ttorney
Adopted by Council: Date
Certified Passed by Councii Secretary BY
By .
Approved by Mayor: Date � App d by Mayor for bmi ion to Council
By BY
WHITE - CITY CLERK -J�.����
PINK - FINANCE 1 �
CANARY - DEPARTMENT GITY OF SAINT PAITL COUIIClI �'Y
BLUE - MAVOR
File
.
.
-= Ordin�nce Ordinance N 0. ` �I
Presented By
Referred To Committee: Date
Out of Committee By Date �
Section 2. That the wage schedules indicated in the agreement
with the above-described representative shall take force and effect
retroactively to July 13, ].976, in accordance with the expressed
intent of the agreement of this Council contained in Council File Number
266410.
Section 3. That any other ordinance, rule or regulation in force
when said agreement takes effect, inconsistent with any provisions of
the terms or conditions of said agreement, is hereby repealed.
Section 4. This ordinance shall take effect and be in force thirty
(30) da�s after its passage, approval, and publication.
Appr ove d:
�
Chairman
Civil Service Comm sion
_2_
COUIVCILMEN Requested by Department of:
Yeas Nays
Butler PERSOPdN L OFFI E ,
Hozza In Favor
Hunt I � , � �y -
Levine � Against By homas D. Gl�a.son, Director
Roedler �
Sylvester
Tedesco
Form Approved by City Attorney
Adopted b ouncil: Date
�
Cert' ed Pa y Cou ecretary BY
/ .
Appr ve by Mayor: D� e y ►�_ Approved by Mayor for Submission to Council
BY BY
PUBLISHED APR Z 1977
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1976-77
MAINTENArTCE IABOR AGREEN�N':'
- between -
THE CITY OF SAINT PAUL
- and -
INTERNATIONAL ZJNION OF
ELEVATOR CONSTRUCTORS,
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�f 8`7�14
PREAMBLE
This AGREEMENT is entered into on the 22nd day of February , 1977,
betWeen the City of Saint paul and the Zndependent School Distric�t No. 625,
hereinafter referred to as the EN�IAYER and the Internetional Union of
Elevator Constructors, Local 9 hereinafter referred to as the UDTION.
The ENIPIAYER and the UI�I01� concur tha�t this AG�1'�T has es its
ob3ective the promotion of the responsibilities of the City oP $aint Peul
for the benefit of the general public through effective labor-manage�ent
cooperation.
The EI�IAYER end the UNIO� both realize that this goal depends not
only on the words in the AGREEMENT but rather primarily on attitudes between
people at all levels of responsibility. Constructive attitudes of the CITY,
the iJNTOAT, and the individual employees will best serve the needs of the
general public.
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1�L?TZG?�E T�...� FAGr^.
"r'r±;umbl� iii
I Fac�c�se Z
xT fie�ognitior, �
I�� �}cpZoyer Ri�h�s 3
IY U:z�an R.�hts �+
� � Scope af A�reeaent 5
'YI p:rvb�tior.z�ry Feriods G
��� ?'h�_2aso��?�y of 'r...�*.�-,lcy�ent er.d Compensation 7
67�22 tictzis af k4rr r 8
� (;vertitxe 9
X CaU. �ack Z�0
RI . Wor3c Location - Resider�cy �
::CZZI S�'��,es �
XT�I Fringe Benefits �.�+
XIV Sele�tion of Fore�an and Generel Foreatan �.5
XV Ke4irement 16
� �o�.�r��ys a�
;�� Discipiinsry Procedures 38
�'ZTI Absences :�a� Work 19
XZX �eniority 20
XX Jurisdiction 21
7�XZ S�arutio?� �
X.�II Tsal.s ' 2?
�7�i r.rievance �'_-ocedur� C�
A�iiV P.1��1� Of JI:GCC.^.`�,:'8C� �
�t► :�`•�z-�iscrininatioa 3J
z�CYI Sev�rabili�y , 31
��Z W�itie�- ' 3?
7�ZII City �;ileage P3.�n 33
�,�'•,.I�,. 2�Sil.e��c I.D.S. 7-`,.--''��^e.�. �t�
� Ihirrstiar. �sn� PledE� ��
. fippendi� .� --
• ��;_,�ndi� �
�,,�r�Cnti:i7 c^ � .
S.i
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ARTICLE I - �'"� /��
PURF06$
1.1 The F�LO�'R and the UAION egree thet the purpose for entering into
this AGREEMENP is to; �
1.11 � Achieve orderly and peacef�.il relations, thereby
esteblishing a system of uninterrupted operations
and the hi�hest level of employee performance that
� is consistent with the safety end 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 tTNION;
1.13 Establish procedures to orderly and peacef�lly resolve
disputes as to the application or interpretation oP
this AGREEb�NT without loss .of manpower productivity.
1.2 The EMPLO�R and the UIVION agree that this AG�II�NT serves as a
supplement to legislation that creates and directs the EI++iPLOYER, If
any part of this AGREEMENT is in conflict Frith such legislation, the
latter shell prevail. The parties, on written notice, agree to negotiate
that part in conflict so thet it conforms to the statute as provided
by Article 26 (SEVERABILITY).
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l�'iICI�E I� - :�c�;�r�Trz���
2.1 �i:e II�'LQyER 7•ecogr.i�es tr.e UIvTIOId as tne e�:.�'.u.ive representative
for ^olle^tive bargsini��� yurp�ses fer al.? rerso.me� i�?viiig an
e�ployment utatus o° re�;lar, pro�atio.�a�,,�, �.ro��ision�l, temporary,
and �ergercy employed in the classes of po�i.tions defined in 2.2
a� certified by the Buresu of hiediation S�rvices �;,. accordance
w�t% Case No. 73-FR-47�-k dated April 13, 1�;3•
c.2 The cZasses of positions recognizec? as bei;�g exclusive?y represented
by the UNION are aa listed in Ap�,endix A.
ARTICLE IV - URION RIGHTS
4,1 The EN�'IAYER shall deduct from the wages of employees �rho euthorize
such a deduction in writing an amount necessary to cover monthly
UBION dues. Such monies deducted shall be remitted as directed by
the UNION.
4.11 The EMPIAYER shall not deduct dues from the wages
oP employees covered by this AGREE2�NT for any other
labor orgenization.
4,12 The UIVZON shall indemnif�j and save harmless the
EMPIAYER from any and all claims or charges made
against the EMPLOYER ss a result of the implementation
of this ARTICZ�E.
4,2 The UI?IOI�T may designate or.e (1) employee from the bargaining unit to
act as a Steward and shall inform the EMPLOYER in writing of such
designation. Such employee shall have the rights and responsibilities as
des{gneted in Article 23 (GRIEVAPtCE PRO(.�DURE).
�.� Upon notification to a designeted EI�'LO�R supervisor, the Business
Manager of the UNION, or his designated representative shall be
permitted to enter the facilities of the ENIPLOYER �ahere ea�.+loyees
covered by this AGREEMEIQT are working.
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ARTICLE Y - SCOPE OF THE AGREEMEpT �VB��,(�
5.1 This AGREE�SEI� establishes the "terms end conditions oP employment"
defined by M.S. 179.63, Subd. 18 for all employees eaclusively
represented by the tTNION. This AGREEMENT shall supercede such
"terms and conditions of employment" established by Civil Service
Rule, Council Ordi;,ance, and Council Resolution. � �
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ARTICI�E VI - PROBATIOIyARY PERIODS
6,1 All personnel, originally hired or reh�red Pollowing separation, in �
a regular empioyment status shall serve a six (6) month's probetionary
period during which time the employee's fitness and ability to perfor.a
the class of positions' duties and responsibilities shall be evaluated.
6.11 At any time during the probationary period an
employee may be terminate@ et the discretion oP the
Et�+iPLOYER without appeal to the provisions of
Article 23 (GRIEVAT�CE PROCEDURE).
6.12 An employee terminated during the probationary period
shall receive a written notice of the reason(s) for
such termination•, a copy of �hich shall be sent to the
UI�TION. .
6.2 All personnel pramoted to e higher class of positions shall serve a
six (6) months' prcmotional probationary period during which time
the employee's fitness end ability to perform t2:e class of positions'
duties and responsibilities shall be evaluated.
6.21 At any time during the promotional probetionary period
en employee may be demoted to the empioyee's
� previous�y held class of positions at the discretion of
the EMPLOYF�t without appeal to the provisions of
Article 23 (GRIEVANCE pRp(,�DU�).
6.22 An employee demoted during the promotional .
probetionary period shall be returned to the
employee's previously held class of positions and
shall receive a xritten notice of the reasons for
demotion, a cop�• of Which shall be sent to the IINIOA.
.
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ARTICLE VII - PfiIIASOPHY OF II�IAYMENT AND COtdPENSATION
7.1 The EMPI,OYER and the 13NION are in flill agreement that the '
philosop'�y of employment and compensetion shall be a "cesh"
hourly wage and "industry" fringe benefit system.
7.2 The F�IAYER shell compensste employees for all hours worked
et the basic hourly �age rate and hourly fringe benefit rate as
found in Articles 12 {WAGES) and 13 (FRINGE BE:�FITS).
7.3 No other compensation or fringe benefit shall be accumulated
or earned by an employee except as specifically provided for
in this AGREE2��'i�'T; except those earployees who heve individual�y
optione3 to be "grandfathered" as provided by 12.2.
_ 7 _
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ARTICLE !'III - HOURS OF WOFiY. ��g���
8.1 The normal work day shall be ei�;ht (8) consecutive hours per day,
excludin� a th{rty (30) minutc unpaid lunch period, between 7:00
a.m. and 5:3o P.m.
8.2 The norc�al work week sha21 be five (5) consecutive ncrmal work
days Monday through Frida;�. � �
8.3 If, during the term of this l�GREE;✓:ENT, it is necessary in the
E1��LOYER`S judQuent to establish second ar►d third shifts or a
work week of other than bionday through Friday, the UPdION agrees
to enter into negotiations inunediately to establish the conditions
of such sr,ifts and�or worr weeks.
8.4 . This section shall not be const��ued as, and is not a guarantee of,
any hours of ;rork per normal work day or per no�al work N�eek.
$•5 All employees shall be at the location designated by their supervisor,
ready for work, at the establistie3 starting time ard shall remain
at an assigned kork location L:ntil the end of the established work
da;,� unless otherwise directed by their supervisor.
8.6 All eniployees 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 tto work is available shall receive pay for two (2) hours,
at the basic houriy rate, unless notification has be�n given not
to report for work prior to leaving home, or during the previous
work day.
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ARTICLE R - CALL RACK
10.1 The F'.N�LOYER retains the right to call back employees before an
employee has started a no naal work day or normal work �eek and
after en employee has completed e normal work day or normal work
- �eek.
10.2 Eraployees called back shall receive a minimum of four (4) hours
pay at the basic hourly rate.
10.3 The hours worked based on a call-beck shall be compensated in
accordance with Article 9 (OVERTIME), when applicable, and sub�ect
to the minimum established by 10.2 above.
10,4 Employees called back four (4) hours or less prior to their normal
work day shall contplete the normal work day and be ccmpensated
only for the overtime hours worked in accordance with Article 9
(OVERTIME).
.,
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ARTICLE XII - WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be
paid for sll hours worked by an employee.
12.2 �aployees who ere 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 AG�AT, but shall not have hourly
fringe benefit contributions end/or deductions nade on their behaZf
es provided for by ArticZe 13 (FRII�(;E BEftEFITS).
12.21 Insurence benefits as established by City of
Seint Paul Resolutions.
12.22 Sick Leave as established by Ordinnnce No. 3250,
Section 35, Subdivision E.
12.2? Vacation es esteblished by Ordinence No. 6�+b6,
Section 1, Subdivision F.
12.2�+ Nine (9) legal holideys es established by Ordinance
No. 6�+46, Section 1, Subdivision G.
12.25 Severance benefits as established by Ordinance No.
11490 with a maximum payment of $4,000.
12•3 Regular employees employed prior to February 15, 1974, and covered by
the fringe benefits listed in Article 12.2 shall be compensated in
accordance with Paragraph A of Appendix C.
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ARTICI,E XII - WAGES (continued)
12.� Temporary and emergency employees shell be coisidered, for the purposes
of this AGREENI�NT, participeting employees and shall be compensated in
accordance with paragraph B of Appendix C and shall not have any fringe
benefit contributions and/or deductions made in their behalf.
12.5 All regular end provisional employees employed after February 15, 1974,
shall be considered, for the purpose of this AGREEMENT, participating
employees and shsll be compenseted in accordance with peregraph C of
Appendix C and shall not heve eny fringe benefit contributions end/or
deductions made in their behalf.
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!{RTICLE XSV - SEI,ECTION OF FO�E:t�.AI�T API�J GEI��kL FO:�ENlA:�
14.1 fine selectior. of perserx.el fc: the c'_<�ss of po�itic*: of
Foreman sY�all reu,air. solely witn the II�'LpyER.
14.2 T'r.e class o�' p�sition of Foreman shall be filled by
emFloyees of the barga:xir.g u.n�� on a "temporary assignmentr'.
1�+.3 p1.1 "te_mpor"r,y assignments" shull be made only at the
direction of a desig►iated EMPI,pyER supervisar.
14.4 Suc� "temporary assignments" sha12 be ma3� only in cases
where the class of po�itions is vacant for more than one (1)
normal work day.
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ARTICLE XY - RETIREMENT
15.1 All e�ployees shell retire from employment with the EMPLOYER
no later than the last calendar day of the month in �hich an
employee becomes sixty-five (65) years o2d.
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ARTICLE XVI - HOLIDAYS
16.1 The follo�ri.ng nine (9) days ahall be designated as holidays:
Nex Year's Day, January 1
President's Day, Third Monday in February
Meworial Day, last Monday in May
Independence Dsy, Ju�y D � • .
Lebor Day, first Monday in September
Columbus Day, second Monday in October
Veteran's Day, Novea�ber 11
� Thanksgiving Day, fourth Thursday in November
Christmas Dey, December 25
16.2 When New Year's Day, Independence Day or Christmes Day falls on a
Sunday, the folloWing Monday shall be considered the designated
holiday. When any of these three (3) holidays falls on a Saturday,
the preceding Friday shall be considered the designated holiday.
16.3 The nine (9) holidays shall be considered :ion-work days.
16.�+ If, in the �udgment of the EMPIAYER, personnel are necessary for
operating or emergency reasons, employees mey be scheduled or
"called back" in eccordance srith Article 10 (CALL BACR).
16.5 naployees �aorking on a designated holidey shall be compenseted et
the rate of tWO (2) times the basic hour�y rate for all hours
t�rked.
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ARTICLE XVII - DISCZPLINARY PROCEDUFtES
17.I The EMPLpYER shall have the right to itrrpose disciplinary actions on
employees for �ust ceuse.
17.2 Disciplinary actions by the EMPLOYER shall include only the
following actions:
I7.21 Oral reprimand
17.22 Written reprimand
I7.23 Suspension
17.24 Demotion
17.25 Discharge
17.3 �ployees who are suspended, demoted, or discharged shall have the
right to request that such actions be reviewed by the Civil Service
Coammission or a designated Bosrd of Review. The Civil Service
Coamnission, or a designated Board of Revie�a, shall be the sole and
exclusive mear.s of reviewing a suspension, demotion, or discharge.
No appeal of a suspension, demotion, or discharge shell be considered
a "grievance" for the purpose of processing throngh the provisions
oP Article 23 (GRIEVAI�`CE PROCIDURE).
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ARTICLE RVIII - ABSENCES FROM WORIC
18.1 Y�nployees who are unable to report for their normal frork day have
the responsibility to notify their supervisor of such absence es
soon as possible, but in no event later than the beginning of such
irork day.
18.2 Failure to make such notification may be grounds for discipline
as provided in Article 17 (DISCIPLIICARY pROC'EDURES).
18.3 Failure to report for work without notification for three (3�
consecutive norm8l Work days may be considered a "quit" by the
II�+iPTAYER on the pert of the employee.
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ARTICLE XIX - SEIYIORITY ��a��4
19.1 3eniority, for the purposes of this AGREII�IPT, shall be defined as
follo�s: .
19.I1 "Master• Scniority" - Lhe length o_° continuous regular
and probationary service With the EMPIAYER from the
lest dete of employment in any and all class titles
covered by thi s AGREEI��NT.
19.12 "Class Seniority" - the length of continuous regular
and probationary service with the II�IAYER from the
date an employee was first appointed to a class title
covered by this AGREEMENT.
19.2 Seniority shall no`. accumulate during an unpaid leave of absence,
except when such a leave is grented for a period of less then thirty
(30) celendar days; is granted because of illness or injury; is
granted to allow an ea;ployee to eccept en appointment to the
unclassified service of the Et�IAYER or to an elected or appointed
f1i11-tia:e position with the UNION.
19.3 Seniority shall terminate when an employee retires, resigns, or is
discharged.
19.4 In the event it is determined by the II�LOYER t:�at it is necessary to
reduce the work force employees will he laid off by class ti.le 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 hes greeter "bSaster Seniority" than the employee
being replaced.
19•5 The selection of vecation periods shall be made by clnss title besed on
length of "Class Seniority", sub�ect to the approvsl of the EMPIAYEA.
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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�'LOI�;R.
20.2 The EP�LOYER agrees to be guided in the assignme�.rt of worlc juris3iction
by any mutuel agreements between the unions involved.
20.3 In the event of e dispute concerning the performance or essignment of
�►�ork, the unions involved and the EMPLOYER shall meet as soon as mutually
possible to resolve the dispute. Nothing in the foregoing shall restrict
the right of the Et�IAYER to accomplish the work as originally assigned
pending resolution of the dispute or to restrict the II�lPIAI�R's basic
right to assign work.
20.4 Any employee ref�sing to perform work assigned by the ENIPLOYER snd as
clarified by Sections 20.2 and 20.3 ebove shall be subject to disciplinary
action as provided in Article 17 (DISCIPLINARY PROCEDURES),
20.5 There shall be no work stoapage, slow drnm, or any disruption of work
resulting from a Work essignment,
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AF7TICLE XXI - SEPARATION
2�.1 Eynployees heving e probetionary or regu2er e�,�ployment status shall
be considered separated from enployment based on the following
ections:
- 21.11 Resi�nation. E�ployees resigning from employment
shall give written notice fourteen (14) celei�dar
days prior to the effective date of the resignetion.
21.12 Retirement. As provided in Article 15.
21.13 Discharge. As provided in Article 17.
21.I�+ Pailure to Revort for Duty. Aa provided in Article 18.
21.2 Employees haviag an emergen^y, teraporary, or provisional employmeat
status may be terminated at the discretion of the II�LOYER before the
completion of a no�al work day.
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ARTICLE XXII - TOOL4 •
22.1 All employees shall personally provide themselves �rith thc tools
of the trade as listed in Appendix A.
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ARTICLE XXIII - G:tIEVANCE PROCEDURE
23.1 The IIKPLOYER shell recognize Stewards selected in accordance �rith tTNION
rules and reguletions as the grievence representative o.° the bargeining
unit, The iTIVIOPl shall notif,y the EMPIAYER in xriting of the nemes of
the Stewards end of their successors when so named.
23.2 It is recognized and accepted by the EFiPIAYER and the UIVION that the -
processing of grievances as hereinafter prot�ided is limited by the �ob
duties nnd responsibiZities of the employees end shell therefore be
accomplished during working hours only when consistent with such
. employee duties end responsibilities. The Steward involved end a
grievi-�g employee shall su��er no loss in pay when 8 grievance is pro-
cessed during ,,rorking hours, provided, the Steward end the employee have
notified and recei�red the approval of their supervisor to be absent to
process a grievance end that such absence would not be detrimentsl to
the work progr�ms of the EMPIAYER,
23•3 T1ze procedure established by this ARTICIE shall be the sole and exclusive
procedure, except for the appeel of disciplinary action as provided by
17.3, for the processing of grievances, xhich are defined as an alleged
violatioa of the terms and conditions of this AGREEMENT.
23.4 Grievances shell be resolved in conformance with the following procedure:
Step 1, Upon the occurence of an aZle�;ed violation of this
AGREET�NP, the employee involved shall attempt to
resolve the metter on an informal besis `rith tbe �
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ARTICLE XXIII - GRIEVANCE PROCEDUR� (CONTINUE:D)
employee's supervisor. If the matter is not resolved
to the employee's setisfection by the informal discussion �
it may be reduced to Writing end referred to Step 2 by
the UNTION. The written grievance shall set forth the
nature oP the grievance, the facts on Which it is based,
the alleged section(s) of the AGREEMENT violated , and
the relief requested. Any 811eged violation oP the
AGF�EMEh'T not reduced to writing by the UPIION within
seven (7) calendar days of the first occurrence oP the
event giving rise to the grievence or within the use of
reasonable diliger.ce should have had knowledge of the
first occurrence oP the event giving :ise to the
grievance, shall be considered waived.
Step 2, Within seven (7) calendar days after receiving the
rrritten grievance e designated EMPIAYER supervisor shall
meet �rith the iJNION Steward and attempt to resolve the
grievance. If, as a result of this meeting, the grievance
remains unresolved, the EMPIAYER shall reply in xriting to
the UNION within three (3) calender days following this
meeting. The URION may refer the grievance in writing to
Step 3 within seven (7) calendar days following receipt of
the II�LOYER's written answer. Any grievance not referred
in xriting by the ITNION within seven (7� calendar days
folloking receipt oP the EMPIAYER'S ansxer shall be
considered rraived,
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ARTICLE XXIII - GRIEVANCE PROCEDURE (CONTINUED)
Step 3, Within seven (7) calendar days folloxing receipt of a �
grievance referred from Step 2 a designeted ENg'LOYER
supervfsor shell meet with the UMION Business Maneger
or his designated representative and attempt to resolve
the �rievance. Within seven (7) calender days following
this meeting the EMPIAYER shall reply in writing to
the UI�TION steting the �iPLOYER'S enswer concerning
the grievance. If, as a result of the Written
� response the grievance remains unresolved, the UNION
mey refer the grievance to Step 4. Any griarance not
referred to in writing by the UlYION to Step 4 within
seven (7) calendar days following receipt of the
Et�IAYER'S enswer shell be considered waived.
Step �, If the grievance remains unresolved, the UNION may
• within seven (7) calendar days after the response of
the E?�LOYER in Step 3, by written notice to the
EMPLOYER, request arbitration of the grievance. The
arbitration proceedings shall be conducted by an
erbitrator to be select�d by mutusl agreement of
the EI�IAYER and the UBTION within seven (7) calendar
deys efter notice hes been given. If the parties
fail to mutually agree upon an arbitrator within the
said seven (7) day period, either perty may request
the Public E�nployment Reletion Board to submit a
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ARTICLE XXIII - GRIEVANCE PROCEDURE (CONTINU�'D)
panel of five (5) arbitrators. Both the EMPLOYER
� and the iTNION shell have the right to strike t�ro
(2� names from the panel. The UNION shell strike
the first (lst) name; the F�LOYER shall then
strike one (1� name. The process will be repeated�
and the remaining person shall be the erbitrator.
23•5 The arbitrator shell have no right to amend, modi�r, nullify,
ignore, edd to, or subtract from the provisions of this AGR�N�ENT.
The erbitrator shall consider and decide only the specific issue
submitted in writing by the EMPLOYER and the UNION end shall
hsve no authority to meke a decision on any other issue not so
submitted. The arbitrator shell be without power to make decisions
contrary to or inconsistent with or modifying or varying in any way
the 8pplication of laws, rules, or regulations having the force end
effect of law. The arbitrator's decision shall be submitted in
writing within thirty (3) days following close of the hearing ar
the submission of briefs by the parties, whichever be later, unless
the parties agree to an extension, The decision shall be based
solely on the arbitrator's interpretation or epplication of the
express terms of this AGREEMENT and to the fects oP the grievance
presented. The decision of the arbitrator shall be final and binding
on the EMPLOYER, the UAION, and the employees.
. � � �
ARTICLE XXIII - GRIEVANCE PROCEDURE (CO21TINUED)
23.6 The fees end e�cpenses for the erbitrator's services and proceedings
shall be borne equally by the EMPIAYER and the UI'iION, provided that
each party shall be responsible for compensating its own representative
� and trritnesses. If either party desires a verbatim record of the
proceedings, it may cause such a record to be made grov�ding it pays
for the record.
23.7 The time limits in each step of this procedure may be extended by
mutual e�reement of the EMPI,OYER and the UNtIOA.
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ARTICLE )OCN - RIGHT OF SUBCOr�TRACT
24.1 The Et�LOYER may, at eny time during the duration of this
AGREEMENT, contract our �rork dor.e by the employees covered
by this AGREEt+�NT. In the event that such contracting would
result in a reduction of the Work force covered by this
AGREE�NP, the EMPLOYER shall give the UPTION a ninety (90�
calendar day notice of the intention to sub•contrect.
2b,2 The sub-contracting of wor� done by the employees covered
by this AGREII��r�T shall in all ceses be mede only to employers
who quslify in accordance with Ordinance No. 14013.
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1
ARTICLE XXVI - STVERABILITY
26.1 In the event that eny provision(s� of this AGFtE�MENT is declared
to be contrary to la� by proper legislative, edministrative, or
�udiciel euthority from Whose finding, determination, or decree
no appeal is taken, such provision(s) shall be voided. All other .
provisions shell continue in f1i11 force and effect,
26.2 ihe parties egree to, upon written notice, enter into negotietions
to place the voided provisions of the AGR��NT in complinance
xith the legislative, administrative, or judici8l determination.
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ARTIC7�E XXYII - WAIYER ��R►"�n�
v ��1
27.1 The F�'IAyER and the UPTION acknowledge that during the meeting
anc2 negotiating which resulted in this AGRF.II�fiT, each �ad the
right end opportunity to make proposals rrith respect to any
sub�ect concerning the terms and conditions oP employment. The
agreements end understandings reached by the perties after the
exercise of this right are flzlly and completel;• set forth in
thi s AGREF.MENP.
27.2 Therefore, the ENSPLpyER and the tTNION for the duration of this
AGR'EEt•�NT egree that the other pary shall not be obligated to
meet end negotiate over any term or conditions of employment
Whether specificelly covered or not specifically covered by this
AGREEI.�"r.NT, The UP7ION and Eh�:AYER mey, however, mutually agree
to modif�r eny provision of this AG1�.�NT.
27.3 Any and all prior ordinances, agreements, resolutions, practices,
policies, and rules or regulations regerding the terms and
conditions of employment, to the extent they are incon�istent
t,rith this AGRE"N�NT, are hereby superseded.
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ARTICLE XXVIIZ - CITY MILF.AGE PIAN
28.1 A�itomobile Reimbursement Authorized; pur�uant to Chapter 92A of the
St. Paul Legislative Code, as amended, pertaining to reimbursement of
City officers and cmployees for the use of their own automobiles in
the performance of their duties, the fol2owing provisions ere edopted.
28.2 Method of Comvutation: To be eligible for such reimbursement all
officers and employees mus� receive Written authorization from the
Mayor. Reimbursement shall be made in accordance With one of the
following ptans:
T�e 1. For those officers end employees who are
required to use their oWn auto:r.obiles occasionetly
for officiol City business, reimbur�ement et the
rate of 13 cents for eech mile driven. '
Type 2• Fbr those officers and emnloyees who are
required to use their own auto^�biles on e regular
basis cn City busine�s, rei:cbursement at the rate
of �2.50 for each day of worr, end in addition
thereto at the rate of 6.5 cents for each sile driven,
28.3 Rules and Re�ulations: The N�yor shell adopt rules end regulations
governing the procedures for aut�mobile reinbursemer.t, which regulations
and rules shall contain the requirement that recipients shall file daily
reports indicating place of origin and destinstion and applicable mileege
ratings thereat and indicating total miles driven, snd shall file monthly
affidevits statin� the number of days worked and the number of miles driven,
and flirther required that they maintein automobile lia�ility insurance in
amounts not less then �1Q0,000/300,000 for personal injury, and ��5,000
for property damage. These rules and regulations, together With any
amendments therEto, shall be meintained on file �rith the City Clerk.
28.4 The provisions of this Article shall not epply to employees of
Independent School M strict No. 625.
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ARTICIE XXIX - MILEAGE - INDEPENDE?rT SCHOOZ, DISTRIGT �625
29.1 Daployees of the School District under policy adopted by the
Board of Education mey 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 Coanaittee
utilizing or.e of the following plans:
PLAN "A" is reimbursed st the rete of 15¢ per mile.
Ir. addition, e maximum sir,ount Which can be paid per
month is establis�ed by an estimate flirnished by
the employee and the employee's supervisor,
Another consideretion for establishing the maximum
amount can be the experience oi another working in
the same or similar position.
Under this plan, it is necessary for the employee �to
keep a record of each trip made,
PLA?1 "C" provides for reiaburselaent based on a per
mon— th�lu� sumt' amount. This amount is determined
by the e�loyee's driving experience under Plan "A"
for e period of 3 to 6 months, Those employees
receivir.g an anto allowance l:nder this plan must
report mor.thly the number of days the car was avail-
able during the month. A deduction must be made
from the lump sum amount for each day the employee
is on vacation. A deduction need not be msde for
an occasional day of illness or for holiday.
_ 34 _
ARTICLE 7IXX - DURATION AND PLEDGE (COIi1TINUED)
whole or part from the f�a�ll, faithful performance
of their duties of employment.
30•32 The Er+SPLpYER will not engage in, instigate, or
condone eny lock-out of employees.
3�•33 This constitutes e tentative agreement between the
parties Which will be recoammended by the City
Negotietor, but is subject to the approval of the
Administration of the City, the City Council and
is also subject to ratification by the UNION.
AG�ED to this 22nd day of February� 1g77, 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 representstive for the ENIl'LOYER
and the UNION.
WITNESSES:
INTERNATIOAAL UNION OF ELEVATOR
CITY OF SAINT PAUy COIISSTRUCTORS, LOCAI, 9
-,
' • y` f � ..
B1: �l-"` /� ( �:� /.� f7 �..
'ty Negotiato Busi ess Manager ;�, ;
BY: BY:
Mayor
BY: BY:
Civil Service Commission
BY:
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APPEh'DIX �
Tl�ie �lasses of positions reco�r,ized b�� tl�� EN.FI,py",;;i; a� bein� er.clu�ively
re�resented t•y the UPJIQP3 are as follows:
EZevator Inspectar
and other classe� of positions that nay be es±ablished by the EMpLpyEF,
where the duties and responsibilities assigned comes withir. the jurisdictio:�
of the UATIOT�.
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��� � �s���.�
A. The basic hourly wage rate for regular employees appointe@ to the
folloWing class of positions who are receiving the Fringe Benefits
listed in Article 12.2 shall be:
Effective
,July 13, 1976
Elevator Inspector . . . . . . . . . $11.58
B. The besic hourly wage for temporary and emergency employees eppointed
to the following class of positions shall be:
Effective
July 13, 1q76
Elevator Inspector . . . . . . . . . �13.485
C. The basic hourly �rege rate for provisional, regular and prnbationary
employees appointed to the follo�ing classes of positions and not
receiving the Fringe Benefits listed in Article 12.2 shall be:
I�;ffective
July 13, 1976
Elevator Inspector . . . . . . . . . $12.96
The F�LOYER shall establish Worl�an's Compensation and Unemployment
Compensation programs as required by Minnesote Statutes.
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: i�� �
Do not detach this memorandum from the
ordinance so that this information will be OM oi: 12/1975
avaiiable to the City Council.
Rev. : 9/8/76
EXPLANAT�4N OF ADMINISTRAT�VE ORDERS,
RESOLUTTONSi AND ORDINANCES ��'����
Date: February 24, 1977
TO: MAYOR GEORGE LATZMER
FR; PersonnelOffice
RE: Ordinance for submission to City Council
ACTION REQUESTET�;
I recommend your approval and submission of this Ordinance to.the City Council.
PURPOSE AND R.ATZONALE FOR THIS.ACTION:
This ordinance approves a 1976-7? contract between the City of 5t. Paul and the �
Elevator �Constructors, Local #9, re: the Elevator Inspectors.
This agreement increases the maximum possible severance pay from $3, 000 to
$4,000 a.ad provides health insura.nce to early retirees i.n the future. It also adjusts
the wage rates ia accorda.nce with the outside union rate.
ATTAGHMENTSz
Ordinance and copy for City Clerk. �Q�
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lst 2nd �� � �
3rd �'�j j�� Adop ted ����
Yeas Nays
BUTLER
HOZZA ������
HUNT
` _� LEVINE
' � ROEDLER (�
TEDESCO
. PRESIDENT (SYLVESTER)
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