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267168 WHITE - CITY CLERK �yy��'�� PINK - FINANCE CO1111C11 !.. .7 �GANARY-DEPARTMENT GITY OF SAINT PAITL File NO. � BLUE - MAYOR � , Orclin�nce Ordinance N 0. _ ► �� Presented By Referred To Committee: Date Out of Committee By Date An administrative ordinance approvi.ng the terms and conditions of the 1975 Memorandum of Agreement between the City of Saint Paul, Independent School District No. 625, 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 negotiati.ng the terms and conditions of employment, tlie following described Loca1 is the exclusive representative for City employees falling within the unit as certified by the Bureau of Mediation Services under the corres- ponding described case nurnber: Elevator Constructors Local No. 9 - Case No. 73-PR-475-A Apri113, 1g73 and WHEREA5, the City t�hrough designated representatives and th.e exclusive representative have met in good faith, negotiated conditions and terms of employment for the year through Apri1 30, 19?6, for such personnel as are set forth in the agreement between the City anr}-the - exclusive representative, now, therefore, THE COUNCIL OF THE CITY OF 5AINT PAUL DOES OR.DAIN: Section 1. That the agreement created as of the effective date of t�.is ordinance beLween the City of Saint Paul, Independent School District No. 625, and tlie above-described representative, on file in t1�.e office of th.e 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 tlze City. - �. - COUIVCILMEIV Requested by Department of: Yeas Nays Christensen Hozza In Favor Levine Rcedler Against BY Sylvester Tedesco President Hunt Fo Approved y Cit Atto Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved� May o ibi ' t Co ncil By By WH17E - CITY CLERK PINK - FINANCE CO11I1C11 ['� CANARY - DEPARTMENT GITY OF SAINT PALTL -F BLUE -MAVOR Fll@ NO._.�' _��- �' 's . � • ' Ordin�nce Ordinance N 0. � �� Presented By Referred To � Committee: Date Out of Committee By Date Section 2. That th.e wage schedules indicated in the agreement with the above-described representative shall take force and effect retroactively to August 13, 1975, in accordance with t�.e expressed intent of the agreement of this Council contained in Council Fi.le Number 264748. 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 i.n force thirty days after its passage, approval, and publication. Approved: . �- � ` Chairm Civil Service Commissio COUNCILMEN Requested by Department of: Yeas Nays Christensen PERSONNEL OFFICE � Hunt In Favor Levine Rcedler � Against By Thomas D . Gleason, Director Sylvester P�1e�eo President��E Hozza Adopted by Council: Date -►,�,,�� 7E; Fo Approved y City ttor e Certified by ou Sec ar BY ` By Approved Mayor: ate Approved by Mayor for Submission to Council By B �uau��; ,��1 5197!� ��:�� MATNTENANCE LABOR AGREEi�1VT - between - � THE CITY OF SAINT PAUL, THE INDEPENDENT SCHOOL DISTRICT N0. 625 - and - INTERNATIONAL UYION OF ELEV�TOR CONSTRUCTORS, _ �� 9 � _ � . - . f ' ��. �� AR�TCI.E TITLE PA�F preamble iia A I �trpose ,, ZZ R�c�gnstio� � IYT Er�p�oyer Ri�t�ts � � Union Ri�hts � y Seope of ��reer�en� � Probationary Pe��iUds �' �� phzlosaphy �f �.ploymen�t and Co�p�nsation � t��g I;�urs c�f Work � r� �1ve rt i*�e �� g Call Bt�ck � . T�lor� �,ocg�tian , Residency 11 ].� FZI �r�B�� l�a XIII �:ir.ge Ber�efitv �T;�� Select�on of �or+�aan anci �e:��r��, rore��n �� I� �r ;it'.�Z IC'�@iIt �i� i'�d�.2{3�f S �� Y'�i i�::;C1P12T28Y'`I i'TOCf'f�LlY�^v �� '�IZ Absen�es 'r�ca� 'r�'ork `'� �p� Seniority � � �7�zri sdicti:,� .`' ;�Y Seg�oraticn . `!L r� �I; io�Is `� �r1�� Grie�rence �:`or�dt�re ��' n'�,�tT t'��L�'�1t C;1' aLibi:Cl��i.:tiC'� L=? �.'Y ?�or.»Discririna':,ion �� e-:e-��ility - ��' i�.'V�Z ',�aiver �2 T Cit3 !�le��e F3.F�=� ?� �:`1�Z.: v_' �� I�:ilegge I.D.S. �;�� ; �,�rati�n �r.d P1ec?�,€� �5 A�,�,��diX �, . At�pe��i� � At��er.c�.ix �: �:&��cr.di� D ' ii . , �� '�Y'7� �� . PREAMBLE This AGREEi�NT is entered into on�d y oP �j� , , 19'j5, between the City of Saint Paul and the Independent Sc��ool District No. 625, hereinafter referred to as the �!F'LOyER and the International Union of � Elevator Constructors, Local 9 herei::after referred to as the UPTION. The Et�LOYER and the T1IVIOP' ^oncur that this AGREEA'fEplT has as its ob3ective the promotioa of the responsibilities of the City of Saint Paul for the benefit of the general public through eFfective labor-management cooperation. The EMPI,CYER and the UIVION both realize that this goal depends not onl,y on the words in the AGRr.�;MENT but rather prima.rily on attitudes between people at all levels of responsibility. Canstructive attitudes of the CITY, the Ul�TION, and the individual employees will best serve the needs of the general public. — - �, . . � . �.� � I�iRTICLE I - PURP06E ��`� � y . l.l The F.I�IAYER and the UNION egree thet the purpose for entering into this AGRF�MENT is to: • l.11 � Achieve orderly and peacefLtl relations, thereby . establishing a system of uninterrupted operations end the highest level of employee performance that is consistent with the safety and well-being of all � :conceaned; � 1.12 Set forth rates of pay, hours cf work, and other conditions of employment as have been agreed upon by the Et�ff'IAYER and the tJNION; . 1.13 Establish procedures to orderly and pe�ceftii].ly resolve disputes as to the application or interpretation of this AG�Eb�'T without loss of manpower productivity. 1.2 The EMF'LO�R and the tJNION agree that this AG�II�NT serves as a supplement to legislation that creates and directs the II++II'LOYER. If any part of this AGREE2�NT is in conflict with such legislation, the . latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 26 (SE�TF�BILITY). • 1 • ' � � . ' . . � . ARTICLE II - RECOGNITION %�4`�� :7 2•1 The EMPLOYER recognizes the UIVION as the exclusive representative for collective bargaining purposes for all personnel haviiig an employment status of regular, probationary, provisional, temporary, and emergency employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 73-pR-475-A dated April 13, 1973. r 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. - 2 - .._�__.� _ �, _, _,___ _._._._,,-_.�.�......e...___,_.....s.,.-_.,.....,......_, . =: , � _ � • . . `��.� `�� ARTICIE III - II�LOYER RIGHT3 � �' � '�'` 3.1 The EMPLOI�R retains the right to operate and manage all manpower, � facilities, end equipment; to establish f�nctions and programs; to set and amend budgets; to determine the utilization of � ' technology; to establish and modify the organi�ational structure; to select, direct, and detennine the number of personnel: and to perform any inherent managerial f�nction not specificall� limited �. by thi s AG�iENT. � 3.2 Any "term or condition of employment" not established by this AG��NT shall remain with the EMPIAYER to eliainate, modify, or establish following written notificstion to the LTNION. ., 3 _ . . � _._....,.--_ _ . _...._..�..,,�... _ _ _ . __._.,_�__ __ ___ __ _ �._._,,.. • � ` ' ARTICI.E N - UNION RIGHTS � ' R� f'��.� �.1 The II�'IAYER shall deduct from the �,reges of employees who authorize such a deduction in writing en amount necessary to cover monthly � UAION dues. Such monies deducted shall be remitted as directed by the UNION. 4.11 The EMPIAYER shall not deduct dues from the wages of employees covered by this AGREEt�17P Por any o±her labor organization. 4.12 The U1�'ION shall indemniflj and save harmless the EMPLOYER from eny end ell claims or chsrges made � against the EMPLOYER as a result of the implementation of this ARTICLE. � �.2 The UI!I021 may designate or.e (1) employee from the bargaining unit to act es �a Steward and shall inform the EMP?AYER in writing of such desi@�ation. Such emplayee shall have the rights and responsibilities as des±gnated in Article 23 (GRIEVA2tCE PROCIDURT). �.3 Upon notification to a designated EMPIAYER supervisor, the Business Manager of the UNION, or his designated representative shall be � permitted to enter the facilities of the EMPLOYER where ea�+loyees . covered by this AGREEMENT are xorking. � � � . � ti • • � � ARTICLE V - SCOPE OF Tf� AG�HT � !��-A�� " 5.1 This AGREE[�Nr establishes the "te�ns end conditions of employment" defined by M.S. 179.63, Subd. 18 for all employees exclusively _ r�presented by the LTNION. This AGREEMENT shall supercede such "terms and conditions of employment" esteblished by Civil Senrice Rule, Council Ordi,�ance, and Council Resolution. . • - �, � _ 5 _ �,. . , � . . � ,� . ' , � � . ��•'��,�� > ' , ARTICLE VI - FROBATIONARY PERIODS � 6.1 All personnel, originally hired or rehired following separetion, in ' a regular employment status shall serve e six (6} month's probetionary period during Which time the employee's fitness and ability to perfor.n the class of positions' duties and responsibilities shall be evaluated. 6.11 At any time during the probati�onary period an . " employee may be terminated at the discretion oP the . r EMPLOYER without appeal to the provisions of - Article 23 (GRZEVA2�CE PROCEDURE). . 6.12 An empZoyee terminated during the probationary period sball receive a written notice of the reason(s) for such termination�, a copy of which shall be sent to the UI�TION. � . . 6.2 Al1 personnel promoted to a higher class of positions shall serve a six (6) months' prcmotional probationary period during ;�hich time the employee's fitness and ability to perfozm tY:e class of positions' duties and responsibilities shall be evaluated. fi.21 At any time during the promotional probationary period - an employee may be demoted to the employee's . previous�y held class of positions at the discretion oP the EN�IAYER Without appeal to the provrisions of Article 23 (GRIEVANCE PROC.'�DURE). . 6.22 An employee demoted during the promotional . � . probstionary period shell be returned to the . employee's previously held class of positions snd shell receive a �rritten notice of the reasons for demotion, a cop�• of Which shall be sent to the III�iIOA. . � - 6 - -___-_ _ _ -_ . __ _ _. _.__ __ __._.«M....._..^,�.G__. �_ ` ' ARTICLE VII - PIiIIASOPHY OF EMPIAYMENT AND CC�'IP'ENSATION �� • (�, � � 7,1 The E�+�T,OYER nnd the UrTION are in flill egreement that the ' philosop'•�y of employment and compensetion shall be a "cash" - hourly wage and "industry" fringe benefit system. 7,2 The ENiPI,07�R shall compensste employees for all hours worked et the basic hourly wage rate end hourly fringe benefit rate as found in Artfcles 12 (WAGES) and 13 (FRINGE BE:lEFITS). , . 7.3 ATo other compensetion or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this AGRE��1'T; except those employees who have individualZy optione3 to be "grandfathered" as provided by 12.2. • 'T • • ti - � ARTTCLE 1�'III - HOURS OF 'n10RK �, �_�.� �� 8.1 The normal work day shall be ei�ht (8) consecutive hours per day, excludin� a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:3o p.m. . 8.2 The nornal work week shall be five (5) consecutive normal work days Monday through Friday. ' 8.3 If, during the term of this AGREEN.ENT, it is necessary in the FI��IAYER'S �udpnent to establish second and third shifts or a work week of other than bionday through Friday, the UNION agrees to enter into negotiations i�nediately to establish the conditions of such shifts and�or work weeks. - 8.4 . This section shall not be const�•ued as, and is not a guarantee of, any hours of work per nornaal work day or per no:aal wor?s w�eek. 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the establis�ie� starting ti.me ard shall remain at an assigned ti•ork location until the end of the established work � da�• unless otherwi.se directed by their supervisor. 8.6 Al1 e�mployees are sub�ect to call-back by the �I,OYER as provided 'by Article 10 (CALL B�ACK). 8.7 bnployees reporting for work at the established starting time and . Por whom no work is available shall receive pay for two (2) hours, at the basic hour?y rate, unless notification has be�n given not to report for work prior to leavin� home, or during the previous . work day. _ $ _ , ARTICLE IX - OVERTIME ` . . . . r�5�� ..�� ' 9,1 All overtime compenseted for by the F�IAYER must receive prior eutt�orization from a designated E?�'IAYER supervisor. No overtime �rork claim will. be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shoxn on the time card, unless the required advance approval has been obtained. 9,2 The overtime rate of one and one-half (12) the basic hourly rate shall be paid for work per€ormed under the follo�ring cir�umstances: 9,21 Time worked in excess of eight (8) hours in any one • normal work day and 9.22 Time worked on a sixth (bth) day following a norm�l frork week, 9•3 The overtime rate of two (2� times the basic hourly rate shall be paid for work performed under �he following circumstances: 9.31 Time worked on a holiday as defined in Article 16 (HOLIDAYS); ' 9,32 Time worked on a seventb (7th) day following a normal xcrk week; and 9�33 Time worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour period. provided, that all ' "emergency" work required by "Acts of God" shall be . compensated at the rete of one and one-halP (12�. 9.4 For the purposes of calculating overti.me compensation overtime hours �rorked shall not be "pyramided", compounded, or paid twice for the same hours worked. � � 9•5 Overtime hours �w�rked as provided by this ARTICLE she12 be paid in cash. ti _ 9 _ , ti .. , . ��'� �� ARTICLE X - CALI, RACIC � 10.1 The EN�IAYER retains the right to call back employees before an =-- employee hes started a nornoal work dey or nornaal work xeek and after an employee has completed e no�al work day or normal work • � tireek. 10.2 Employees cslled back shall receive a minimum of four (4� hours pay at the basic hourly rate. � . 10.3 The hours worked based on a call-back shell be compensated in eccordance with Article 9 (OVERTIME), when applicable, and sub�ect to the minimum established by 10.2 above. 10.k IInployees cslled back four (�+) hours or less prior to their norn�al wurk day shall complete the normal work day and be cempensated only for the overtime hours worked in accordance with Article 9 (OVERTIME). � � • 10 - - _ . _ ..._ .. .___..._. _ . ____ ___ �- �`.FtTICLE XI - WORI�. IACAiIC7 , E'�Fula)k:�� ll.l �ploye�:s shall. rep4r� to wc�rl� 1oc��ion as assi�ed by a oesi�n�ted �:R�Lt?YER su�s�rvisar. Duxir� the normal wark day e�rp�oyees �:�y b� assigned �o of:her �;or'� lacati�ns at �he discretion of the E'�.'7LG:��F:. 11.2 E�pioyees �ssigned �o �ar�c loca�ions durir.� t�n narmel work dey, �trer than their original �ss��..�ent, 8nd wha are rc�quired �o flxrnish t�eir a�+°� transporLataon �ha3�1 be car.ipens�ate� �cr mi�.eagee 11.3 �;.1: em��oyees appoin��d �fte� .;anua�cy 1, :�9'(6� WG111CI �?� required t� r.eside in the Ci�y of SsinL Paul within one ye�r af tYieir a�,point�er.t, arr�i th��e�:`ter woui.d be r��,uire� to remai.n within �2�¢ City i.i�its a.s ' long es Lhcy were e�plcyed by ;,::: City of Saint ��ul. ��.1.�+ T�is rESidency requir��ent ;:haZl appiy ta �.:n�lassi:iea emnloyees as w��i as classified e�p��yees. :�i.1 Applican�s £or �odl VAC^s an th<.� Ci�y n� Sai.iL Pa�l �i�� rot be r.��:ti:eci to �e cesic3ents af tY:e C:.Ly of Saint Paul. 11.6 F�np�oyees ��iling to a�e�t t.he residen�y requir�ne�t x=11 be st;b;;��t to terminr�tia:� anr a .,e�r�n�, r�T��;��55 �hal3. ae establi°hed to aeterL�r►e wr►ether tre residen�.y re�uire.zn.n U was m�i. - 11 - � . `''�� ARTIC?�E XII - WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an emplayee. 12.2 Elmployees who are covered by the fringe benefits listed belaw shall continue to be covered by such benefits. They sha.11 be sub�ect to sll other provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and�or deductions ma.de on their behalf � as provided for by Article 13 (FRINGE BII�TEFITS). 12.21 Insurance benefits as established by City of St. Paul Resolutions. 12.22 Sick Leave as established by Ordinance No. 3250, Section 35, S�bdivision E. 12.23 Vacation as established by Ordinance No. 6�+46, Sectior► 1, Subdivision F. 12.24 Nine (9) legal holidays as established by Ordinance Ho. 6446, Section 1, Subdivision G. 12.25 Severence benefits as established by Ordinance No. 11490. - 12 - ARTICLE XII - WAGES - continued 12.3 Regular employees not covered by the fYinge benefits listed in Article 12.2 shall be considered, for the purposes of this AGREII�'NT, participating emgloyees and shall be campensated 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). 12.4 Provisional, temporary, and emergency employees shall be considered, for the purposes of this AGREII�[VT, participating emplayees and shall be com- pensated in accordsnce 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 employed after February 15, 1974, shall be considered, for the purpose of this AGREII�NT, 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 XIII - FRINGE BENEFITS � . 13.1 The EMPLOYER shall make contributions on behalP of and�or make deductions from the wages of employees covered by this AGRF�MENT in accordance Wi.th Appendix D for all hours worked. � r � � • 14 - . ,�.,.� .,__._,,,._.� • � . __.__..� � , _ __ __ _ ti � ARTICLE XIV - SELECTION OF FOREMAN AND GEt1ERAL FOREMAN 14.1 The selection of personnel for the c'.ass of position of Foreman shall remain solely with the II++IPIAYER. 14.2 The class of position of Foreman shall be filled by employees of �he bargaining unit on a "temporary assignment". 14.3 A11 'rtemporary assignments" shall be made only at the direction of a designated F�MPLOYER supervisor. � 14.�+ Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day. - 15 - .., ... . .T�-. ___._.. ..--._.._.�.�..___ .___.__�._.,�__ - . . .... .. . � {.s . . . • t .. � , . ��,�� ARTICLE XV - RETZREMENT • 15•1 �1 �Ployees shell retire from employment with the EMPLOYEB no later than the last calendar day of the month in Which an employee becomes sixty-five (65) Ye8rs old. � � - i6 :• ! , , � � ' ' � ARTICLE XYI - HQI,IDAYS . 16.1 The folloxing nine (9) days shall be desi�nated es holidays: Nex Year's Dey, Jnnuary 1 . Yresident's Day, Third Monday in February Me�orial Day, last Mc�nday in May Independence Dey, July 4 � I,sbor Day, first Monday in September . Colu�abus Dsy, second Nbnday in October r � Veteran's Day, November 11 • Thanksgiving Day, fourth Thursday in Piove�nber Christmas Day, December 25 �(,2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the follo�ing MAnday shall be considered the designated holidey. When any of these three (3) holidays falls on a Saturday, the preceding �riday shall be considered the designated holiday. 16.3 The nine (9) holi8ays shall be considered :�on-work days. 16.�+ If, in the �ud@ment of the Eb+IPIAYER, personnel are necessary for operating or emergency �easons, employees may be scheduled or � � "called back" in accordance with Article 10 (CAI,I, BACK)• 16.5 �p1oYees rrorking on a designeted holiday shall be compenseted at the rate of txo (2) times the basic hourly rate for all hours ♦rorked. • • 17 -y . _ � _. __ _.__..._ ___.._ � __ r _ _ __. .. . ; ' � ARTICLE XVII - DISCIPLINARY PROCEDU�.S 17.1 The EMPLOYER shall heve� the right to iarpose disciplinary actions on employees for �ust cause. 17.2 Disciplinary actions by the ENi�'LOYER shall include only the following actions: . " 17.21 Oral reprimand � 17.22 Written reprimand 17.23 Suspension _ 17.2� Demotion 17.25 Discharge � 17.3 �Ployees who are suspended, demoted, or discharged shall have the right to request that such actions be revie�ed by the Civil Service Coammission or a designated Board of Review. The Civil Service ComQaission, or a designated Board of Review, shall be the sole and exclusive mear.s of reviewing a suspension, demotion, or discharge. No appeal of a suspension, demotion, or discharge �hall be considered s "grievance" for the purpose of processing through the provisions . of Article 23 (GRIEVAI3CE PROCEDURE�• � � - 18 - � � L �`t � , �� -��' . . � '1'�.J ' ARTICLE RVIII - ABSENCES FROM WORIC 18.1 F�nployees who are unable to report for their normal �+ork day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event leter than the beginning of such �ork day. � . 18.2 Failure to make such notification may be grounds for discipline as°provided in E4rticle 17 (DISCIPLIIVARY PROCIDURES)• r 18.3 Failure to report for work without notification for three (3) consecutive normal Work days may be considered a "quit" by the EMPIAYER on the pert of the employee. . - i9 - . � , � . � � . _--�__.4,M.,.,� ,_.. :_ • ; , � � � • A$TICLE XIX - SEI�JIORITY 19.1 3eniority, for the purposes of this AGREEMEIVT, shall be defined as follo�rs: • 19.11 "MasteY• Scniority" - �he length of continuous regular and probationery service riith the Er'IPIAYER from Lhe � last date of employment in any and all class titles covered by this AGREEb�NT• � 19.12 "Class Seniority" - the length of continuous regul8r end probationary service with the E�LOYER from the ' date an employee was first appointed to a cless title covered by this AGREEMENT. 19,2 Seniority shall no`. accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an agpointment to the unclessified service of the E2�IA7�R or to an elected or appointed ftill-tia:e position 4rith the tJNION. � 19,3 Seniority shall terminate when an emplo�ee retires, resigns, or is discharged. � 19,� In the event it is determined by the II�IAYER t:�at it is necessary to reduce the work force employees will be laid off by class ticle within each Department based on inverse length of "Class Seniority." Employees laid off shall hc+ve the right to reinstatement in any loWer-peid class title, provided, employee has greater "Master Seniority" than the employee being replaced. . 19.5 The selection of vacetion periods shall be made by clnss title besed on ` length of "Class Seniority", sub�ect to the approvsl of the ENIPLOYER. � � - 20 • �, , � �, � ' � . . ��`��'�� ARTICLE XX - JURISDICTION 2p,1 Disputes concerning rrork jurisdiction betxeen and among unions is recogniZed as an appropriete sub�ect for determination by the various unions representing employees of the EMPLOYER. 2p,2 The F�ipI,pYER agrees to be guided in the assignmetit of work 3urisdiction . by any mutual agreements between the unions involved. � r 20,3 In the event of a dispute concerning the performance or assignment oP � work, the unions involved and the FN�LOYER shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the EN�IAYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict the EMPLOI�R's basic right to assign work. 2p,4 Any employee reflising to perform work assigned by the E�'LOYER and as clarified by Sections 20.2 and 20.3 above shall be subject to disciplinary action as provided in Article 17 (DISCIPLINARY PROCIDURES). 20.5 There shall be no work stoppage, slox doKn, or any disruption of work . resulting from a Work essignment. � � � � ,� . . , ..��.....:._-.,..,,.-..___.r.��__ . . � • .� ARTICI.E 7IXI - SEPARATION � 21,1 Employees having a probationary or regular �►ployment status shall be considered separated from employment based on the following e�ctions: ' 21.11 Resi�nation. IIrrployees 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 Disc�e• As provided in Article 17. 21.1�+ Ysilure to Report for Duty. As provided in Article 18. 21,2 E�nployees havi:�g an emergen^y, temporsry, or provisional employmeat . status may be terminated at the discretion of the II�iPIAYER before the completion of a normal work day. � � . . ' • 22 - . � . , , . �-,�,o,�,�� 1\ ARTICLE XXII - TOOIS . 22.1 All employees shall personally provide themselves with the tools of the trade es listed in Appendix B.� � ti _ 23 .. . ' ' .. • � ARTIC7,E XXIII - G:tIEVANCE PROCEDiJE� �3�1 The EMpLOYER shall recognize Stewards selected in accordance rrith UI�TION rules end regulations e.s the grievance representative o:' the bargaining unit. The UNIOPl shall notify the Et�+g'LOYER in writing of the nemes of the Stewards and of their successors When so named. 23.2 It is xecognized and accepted by the II�'IAYER and tt�e UI�TION that the - processing of grievances as hereinafter prot�ided is limited by the �ob dutfes and responsibilities of the employee�_and shall thPrePore bc eccomplished during working hours only when consistent with such . employee duties and responsibilities. The Steward involved and a grievizg employee shall su��er no loss in pay when e grievence is pro- cessed during •.�orking hours, provided, the Steward end the employee have notified and recei�:ed the approval of their supervisor to be absent to process s grievance and that such absence would not be detrimental to the work progrsms of the EN�LOYER. �3•3 �"he procedure established by this ARTICI� shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by lZ.3s for the processing of grievances, xhich are defined as an alleged violation of the terms and conditions of this AG�EMENr. ' 23,4 Grievances shall be resolved in conformance with the following procedure: gt� 1, Upon the occurence of an alle�ed violation of this pGgEEMED]T, the employee involved shall attempt to � resalve the matter on an informal basis �rith the � • 24 • . _ � � __n___._.�_�.._._�._ , • .pRTICLE XXIII • GRIEVANCE PROCIDUFiE (CONTINUED� employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion � ` . it may be reduced to Writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the fdcts on which it is based, the alleged section(s) of the AGREEMENT violated , and the relief requested. Any alleged violation oP the AGREEMEh'T not reduced to writing by the LR�ION Within seven (7� calendar days of the first occurrence of the event giving rise to the grievance or within the use oP reasonable diliger.ce should have had knowledge of the � first occurrence of the event giving :ise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the � r�rritten grievance a designated EMPI,OYER supervisor shall meet with the tTNION Steward and attempt to resolve the � grievence. If, as a result of this meeting, the grievance � remains unresolved, the EMPIAYER shall reply in xriting to the UNION wii,hin three (3} calendar days following this meeting. The UNION may refer the grievance in writing to �Step 3 �thin seven (7) calendar days follorring receipt of the Et�LOYEFt's written enswer. Any grievance not referred in �rriting by the UDTION within seven (7� calendar days fallowing receipt of the EMF'IAYER'S ansxer shall be considered rraived. _ 25 -• ' . • _____�__..�..�.....�...�. _ _ _ � . �• , . ' ARTICLE XXIII - GRIEVANCE PROCEDURE (CONTINUED� . �? , �, '� �''�� ..�-� � Step 3, Within seven (7) calendar days following receipt of a � grievance referred from Step 2 a designated EMPLOYER . supervisor shall meet with the UI�ION Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days followin8 this meeting the EMPIAYER shall reply in writing to the UNION steting the �SPLOYER'S enswer concernir.g the grievance. If, as a result of the written • response the grievance remains unresolved, the UNtON may refer the grievance to Step �. AnY grievance not referred to in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the Et✓,pIAYER'S answer shell be considered waived. Step 4. If the grievance remains unresolved, the UNIO:J maY • �rithin seven (7) calendar days after the response oP the E2�LOYER in Step 3, by written notice to the giPIAYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an � � erbitrator to be select�d by mutual agreement oY the F�IAYER and the tTI+TION 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 may request the Public Dmployment Relation Board to submit a - 2fi - - ,, ; { . , .._..__.�_._�_�.___�..�_ ' L . ARTICI�E XXIII - GRIEVANCE PROCEDURE (CONTINtJE.'D) .! . . penel oP five (5� arbitrators. Both the Et�'LOYER • �nd the UN�ION shall have the right to strike t�ro (2) names from the panel. The UN.ION shall strike the first (lst) nsme; the Et�IAYER 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, modify, nullify, ignore, add to, or subtrect from the provisions of this AGR '.ME1�T• The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPIAYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shsll be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in xriting 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 an extension. The decision shall be based solely on the arbitrator's interpretation or application of the ' express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EN�LOYER, the tJNION, and tbe �mployees. • 2'T � . . . ___r._.__��._�_�:...._�,.,,�,,.,�...�..�--_. . . ___ __ . �, . • � ARTICLE XXIII - GRIEVANCE PROCEDURE (CONTINUED) 23,6 The fees and expenses for the erbitrator's services and proceedings shall be borne equally by the ENNIPIAYER and the UtIION, provided thet each party shall be responsible for co�upensating its own representative • • and xitnesses. If either party desires a verbetim record of the pmceedings, it may cause such a record to be made prov�ding it pays for the record. - r 2g,7 The_time limits in each step of this procedure may be extended by nYUtual agreement of the EMPLOYER and the UNZOA. ti - 28 - __.._._. _�_..�.�__._ '. � � . ��, , <'��.� �,� ARTICLE �CI�i - RIGHT OF SUBCONTRACT �. 2�+�1 T1ie g'�F,pYER may, at any time during the duration of this AGRF�MENT, contract our xork done by the enaployees covered � by this AGFtEEt�NT• In the event that such contracting would result in a reduction of the xork force covered by this AGREEI�Nr, the EMPLOYER shall give the UIdION a ninety (90) calendar day notice of the intention to sub•contract. . 2b,2 The sub-contracting of worY. done by the employees covered by this AGREEh�PFT shall in all cases be made only to employers who quelify in accordance with Ordinance No. 14013. � � � � � � . • •. . . ARTICLE 7IXV - NON-DISCRIHIINATI01� 25,1 The terms end conditions of tbis AGREEMENT will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, or because of inembership or non-membership in the UIVION. 25.2 �mployees will perforat their duties and responsibilities in P � non-discriminatory manner as such duties and responsibilities involve other employees and the general public. � _ gp .. - � . . . � . ARTICLE 7IXVI - S�VERABILITY . . 26.1 In the event that any provision(s) of this AGR'EEMEDIT is declared to be contrary to le�r by proper legislative, administrative, or � �udiciel authority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other \ provisions shall continue in f�ll force and effect. 26.2 i'he parties agree to, upon written notice, enter into negotiations to place the voided provisions of the AGRE�'.I�1ENT in complinance xith the legislative, administrative, or judicial determination. . .. . • � • ' • . � . , n' �y ARTICLE XXVII - WAIVER �f � /.�!�� 3. ..l. 27,1 The E,t�IAYER and the iTNION acknoWledge that during the meeting ' dnd negotiating which resulted in this AGRF.�MENT, each :�ed the ; � � right and opportunity to make pr•�posals xith respect to any sub�ect concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are f�,illy and completel� set forth in this AGREEMENT. 27.2 Therefore, the F�IAYER and the tJNION for the duration of this AGR�t•�NT agree that the other pary shall not be obligated to meet end negotiate over any term or conditions of employment �ahether specifically covered or not specifically covered by this AGREE2.*'r,NT. '1'he UT7ION and Eh�:AYER may, however, mutually agree to aAdify any provision of this AGF�•�Iv'T. . . 2'7,3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and � conditions of employment, to the extent they are inconsistent �,rith this AGRE"2�NT, are hereby superseded. � � �. � � • ARTICLE XXVIII - CITY rffLF.�GE PIAN 28.1 Automobile Reimbursement Authorized: Pursuen� to Chapter 92A of the �. . St. Paul LegislAtive Code, as amended, perta'ining to reimbursement of City officers and employees for the use of theix own eutomobiles in the perfo�a�ice of their duties, the follo�ring pxovisions are adopted. 28.2 Method of Comvutation: To be el�gible for such reimbursement all �fficers and e�rployees mus� receive written euthorization from Lhe Mayor. Reimbursement shall be made in accordance r�ith one of the fo��.nwing p?arzs: Type 1. For those officers and employees who are reQuired to use their o�rn autc.�.cbiles occasiona�ly for officiol City business, reimbursement at the rate of 13 cents for esch mile driven. Type 2• Fbr those officers end eTployees who are reauired to use their own auto:�obiles on e regular besis cn CitS� business, rei^burse:r.ent s* the rate of �2. 50 for eacn day of wor�, end in addition tt�ereto at the rate of 6.5 cents for eaen mile driven. 28.3 Rules �r_d :Re�*ulations: The Mayor shall adopt rules and regulations governing the procedures for aut�mobile reinbursener,t, which regulations and ruies �hall contain the requirement that recipients shall file daily reports ind.icating place of origin and destination and applicable mileage ratin�rs thereat and indicating total mi2es driven, end shall file monthl,y affidavits statin� the aumber of days worked and the number of miles drive:n, ana �rther required that they msintein eutomobile liatilfty insurance in amounts not less than $100,000/300,000 for personal in�ury, and $2�,000 for pmp�rty damege. TYiese rules and reguletions, together �itt� any amendments thereta, shall be a8intained on file �rith the City Clerk. 2$.�+ The provisions of this Article shall not epply to e�rployees of Independent Scho�� District 2Po. 625. °� 33 - � � � ARTICIE XXIX - MILEAGE - INDEPENDENT SCHOOI, DISTRIGT �625 29,1 F�aployees of the School District under policy adopte@ by the Board of Education may be rcimbursed for the use oP their auto• mobiles for school business. To be eligible for such reimbursement� employees must receive authorization from the District Mileage Co�ittee utilizing or.e of the follawing plans: - pIAN "A" is reimbursed at the rate of 15¢ per mile. Ir.addition, �a msximum amount -which can be paid p�r month is establis'r.ed by en estimate flirnished by � the employee and the employee's supervisor, Another consideration 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. � pI,At1 "C" provides for reiaburse�aent based on a per month—"li:�p sum" amount. This Amount is deternined by the e�loyee' s 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 cur was avail- able during the month. 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 an occasional day of illness or for holiday. . - 3�+ - � ti . . _ . . %?'�'��'� ARTICLE XXIC - DtIRATION ARD PLEDGE 30.1 This AG . lyT shall become effective as of the date of signing, except es specificelly provided ather�tise in �rticles 12 end 13, and shall remain in effect through the 30th day of April, 1974, and continue in effect from yeer to year thereafter unZess notice ta change or to terminate is given in the manner provided in 27,2. 30.2 If eith�r perty desires to terminate or modif'y this AGRE�1�, effective as of the dat� of expiration, the party wishing to modify or terminate the AG� shall give written noti�e to the other party, not more than ninety (90) or less than sixty (60� calendar days prior to the expiration dete, provided, that the AGRF�MEpT may on�y be so terminated or modified effective as of the expiration date. ., �0.3 In consideration af the terms end conditions of employment estnblished by this AGItEEMEIQT end the reco�nition that the GRIEVANCE PR�I3URE herein established is the means by which �rievances concerning its a�glic�tican or interpretation may be peaceflzZl�� resclved, the parties hereby pledge, �het during the term of the AG�P�"i': ?0.3;. The t1NI0rit and the employees wf 11 r.at enga�e in, instigate, or condone any concerted action in which employees fail to report for duty, �rillflzlly ebsent theanselves �°rem work, stop Work, s.low dawn their eaork, ar ebs�nt themselves in = 35 - . • . ARTICLE �IXX - DURATION AND PLIDGE (CONTINUED) in whole or part From the ftiill, faithPul performance of their duties of employment. 3�•32 �e �� '^nu not engage in, instigate, or condone any lock-out of employees. 3�•33 This constitutes a tentativ�e agreement between the parties which will be recommended by the City Negotiator, r but is sub�ect to the approval of the Administration of the City, the City Council and Inc3ependent School District No. 625, and is also sub3ect to ratification by the Association. pGREED to this�'� of� , 197,��and attested to as the P�il.l and complete r�nderstanding of the parties for the period of time herein specified by the sig:zature of the following representative for the �'IAYER and the UIdION: WITNESSES: CITY OF SAINT PAUL INTERNATI�NAL UNION OF ELEVATOR coNSTxUCTOxs, Loca� 9 BY: '�- �'` �-��', City Ne oti Busineas Manager BY: BY: BY:_[��6�-1 � .. BY: Civil Service �n' ion BY: Mayor BY: City Attorney BY: Independent School District No. 625 - 36 - _.. . ._.. � V.. . . . _... -�- i , .� � � r � APPEPIDDC B All necessary hand tools. � , — - - Bl - ,'�'., � R.. , l? �►'i� �'`�� APPENDIX D (CONTIN[TED) < �:: � , �•_' 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 deductions established by this AGREEMENT. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the EMPLOYER has forwarded contributions and�or deductions. - D2 - - t .. �� . 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 August 13, 1975 Elevator Inspector . . . . . . . . �10.12 The basic hourly wage for temporary and emergency employees appointed to the following class of positions shall be: Effective August 13, 1975 Elevator Inspector . . . . . . . . $10.52 The basic hourly wage rate far regular employees appointed to the following class of positions who are receiving the Fringe Benefits listed in Article 12.2 shall be: Effective August 13, 1975 Elevator Inspector . . . . . . . . $10.35 - Cl - �,' - ,'^ ,' a ' s�, f �� APPENDIX D Effective August 13, 1975, the EMPLpYER shall: (1) contribute $ .495 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a UIJION designsted Health and Welfare Ftiind. (2) contribute $ .32 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEI�NT, to a Pension F1�nd. (3) contribute $ .84 per hour from which payroll deduction has been made for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a Vacation Fund. (4) contribute $ .Q2 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREII�NT, to a Educational Fund. All contributions made in accordance with this Appendix shall be forwarded to depositories as directed by the UNION. The EI�LOYER shall establish Worlflnan's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, shall not be eligible for, governed by, or accumulate vacation, sick leave, holiday, flaneral leave, jury duty, or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance, or Council Resolutions. . � • Do not'detach this memorandum from the p� 0�; ��„�q�� ordinance sa tha# this information will be ��tvA , c31v �3Fy.A�r�U�NI�TRA�'IVE QRDER�� R�SOL�TT�aUU�iS ANA +�9R�t,�3G�S �ate: . p�ii 20, 1976 _ : _ �6'��8 TOI HQM.F1.� �'. �E�,,I..EX, C�TY ADR+LI1�7,�TRA7C)� �'�t; � ersonnel4ffice _ _ R�; rc�i:aance for sub�nission to City,Couacil A� . x �T REA17E5TET); . _ recommead yo.ur aPProval`and submisr�ion of this Q�d��n�.cc to the Ci�r Cc��taeil�, ` � _ . . . . . . . . . . . F.- �''�1 � ��1U RAT�QNA�E �"QR .T �, AC'��J�,'�t: ; _ . his ordina�ce aPProves the 1975-76_ Maiat�naac� Lab�►�r' A��e+exxn�t�bs�aea. th� 'ity and the Elevatbr Cenetructora Lacal NQ. 9, This agree��mt ��s tc� � he Cityts Elevator Inspectors a.nd the wage r�►te� x:� ba+��d o�, the o�i1��,� t�si4a ate for eleva�or mechar�ics. . : :l�►TT HM��1TS: : : Ordina4ace and copy' for City Clerk aad Maia�eaa�ce L�.ber Agrea�e�t. APk�'R VAT.�t �. . e p, �ac� atofi �� , � 1 st _�� 2nd ��g 31'd ,�j �p� Adopted 5 �� Yeas Nays . CHR�STENSEN HUNT /a�.r�.�.�� . � LEVINE ROEDLER � • , SYLVESTER TEDESCO � PRESIDENT (HOZZA)