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266707 WHITE - CITV CI.ERK COl1I1C11 fl�� PINK - FINANCE CANARV - DEPARTMENT G I TY OF SA I NT PAZTL BLUE �AVOR_ File NO. • � (� O�rdin�nce Ordinance N�. ��—I��T_ Presented By Referred To Committee: ' Date Out of Committee By Date An administrative ordi.nance approvin� the terms and conditions of the 1975 Memorandum of Agreements between the City of Saint Paul, Independent School District No. 625, and the Local Unions listed below. WHEREAS, the Council, pursuant to the provisions of Section 12. 09 of the Saint Paul City Charter and the Public Emp�oyment Labor Relations Act of 1971, as amended, recognizes that for the purpose of ineeti.ng and negotiating the terms and conditions of employmemt, the following described Local Unions are the exclusive representatives for City employees falling within the units as certified by the Bureau of Med.iation Services under the corresponding described case n�xnberss ' Painters Local 61 - Case No. 73..PR-479-A , April 17, 1973 Sheet Metal Workers Local 76 - Case No. 73-PR-513..A May 15, 1973 and ' WHEREAS, the City through designated representatives and exclusive representatives have met in good faith, negotiated conditions and terms of erriplo}�nent for the year through April 30, 1976, for such personnel as are set forth in the Agreement between the City and the exclusive representatives, now, therefore, THE COUNCIL OF THE CITY OF SAINT PAIUL DOES ORDAIN: Section 1. That the Agreements created as�of the effective date of this ordinance between the City of Saint Paul and the above-described repre- sentatives, on file in the office of the City Clerk, are hereby approved a.nd the authorized administrative officials of the City'are hereby authorized and directed to execute said Agreement on behalf of the City. - 1 - COUNCILMEN Yeas Nays Requested by D�epartment of: Christensen Hozza In Favor , Levine Rcedler Against BY Sylvester � Tedesco ' President Hunt For Appro d by C y rn y Adopted by Council: Date , � Certified Passed by Council Secretary Y. By Approved by Mayor: Date Approv M� bm' n to o ncil By BY WHITE - CITY CLERK � PINK - FINANCE COl1I1C11 ��s�� CANARY -DEPARTMENT � G I TY OF SA I NT PAITL BLUE -MAVOR File NO. v � ' Ordin�znce Ordinance N0. ' - ` Presented By Referred To Committee: Date Out of Committee By Date Section 2. That the wage schedules indicated in the agreements with the above-described representatives shall take force and effect retroactively to the dates set forth in ea.ch of the individual contracts and in accordance with the expressed intent of the agreement of this Council contained in Council File Number 264748. Section 3. That any other ordi.nance, rule or regulation in force when sa.id agreements take effect, inconsistent with any provisions of the terms or conditions of said agreement, is hereby repealed. Section 4. This ordinance shall ta.ke effect and be in force thirty days after its pas sage, approval, and publication. Appr ove d: Chairman Civil 5ervice Commission COUNCILMELV Requested by Department of: Yeas Nays Christensen PERSONNEL OFFICE � Hunt In Favor Levine � Rcedler Against By Thomas D. Gleason, Dir. of Personnel Sylvester Tedesco President� Hoz2a Adopted by Co . Date FEH j �' f97B Form Approved by City Attorney Certifi as ou il retafy BY By v�''� _. Approve Mayor• ate �� Approved by Mayor for Submission to Council gy By �e F£o a e �� ' . � � � ��: . . 'f � � no � 15��^ , �ss�� MAINTENANCE LABOR AGREE'NIEN^` - between - Tf� CITY OF SA.INT PAUL, T:� INDEPEAIDE�IT SCHOOL DISTRICT I�TO. G25 - and - SI�ET METAL WORKERS INTERNATIONAL ASSOCIATION LocAL 76 •', � ^ • • ' • � �� . F'�.�� . ARTICLE TITLE pAGE Preanble ' . • iii � 3'axpose 1 • II Recognition � 2 IZI �.`nployer Rights 3 �'ir' �n:�Qn Rights � !� �l Scape of Agreement 5 '1T Probationary Periods 6 VIS Pk�ilosophy of Eaplayment and Compensation 7 YIFZ Hours of Work � $ IX Overtime 9 X Call Back � 10 XS . Work I,ocation - Residency lY �� Weges � XTII Frin�e Benefits �t� XI'J Selection of Foreman and GenereZ Foreman 15 XV Retirement �6 XVZ �iolidays 17 �C'�r'TI D�sciplinary Procedures Z$ XVIII Absences FSrom Work 19 XI� Seniority 20 XX Jurisdfction � XXi Separation n XX�Y �ools ' 2� 7�CIIZ Grievence Procedure 24 XXIV Right of Subcontract �9 XXV 1Con-Discriaination 3p �XYI Severability 31 XXYIT Waiver " � � 3�L'IZI City 2�iileege Plan � biileage I.D.S. r�'S25 �� X�IX Iluratian and Pledge 35 . Appendiz A - � • Appendix B Ag+pendix C ' • l�ppendix D , , � ii ; , . t' ` . � �� P R E A M B L E � , This AGREEMEb1T is ent�°red into on�� day of�,,r� , 1975, between the City of Saint Paul and the L�dependent School District No. 625, herein- after ref'erred to as the EMPLO�R and the Sheet Metal Workers International Associati.on Local 76 hereinafter referred to as the UI3IOP1. Ttie II�LOYER and the UIPION concur that this AGREEMENT has as its objective tY:e promotion of the responsibilities of the City of Saint Pakl for the t�enefit of the general public through efPective lahor-management cooperation. The F�NlPLOYER and the UldION both resZize that this goal depends no� only on the words in the AGREEMENT but rather primarily on attitud^s betwee.: people at all levels of res;;onsibility. Constructive attitudes of the CITY, the U.:HION, t�r_d the invididual err,ployees will best serve the need� of the general public. - iii - , i •� ' . . , ARTI�LE I - PURPOSS `�� 1.1 The ENlF'LOYER and the UNION egree thet the purpose for entering into tht s AG�E'.MENT i s to: 1.11 � Achieve orderly and peacefl.il reletions, thereby esteblishing e system oP uninterrupted operations snd the hi�hest level of employee performence that is consistent with the safety end well-being of ell concerned; 1.12 Set forth rates of pay, hours cf work, and other conditions of employment as have been agreed upon by the ENa'IAYER and the LIATION; 1.13 Establish procedures to orderly end peaceflally resolve disputes as to the application or interpretetion of this AGF�EEMENT without loss of manpower productivity. 1.2 The E1�LO�R and the UNION agree that this AGREEMENT serves as a supplement to legislation that creates and directs the II�'�LOYER. If eny part of this AG�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 (SEVERABILITY). - 1 - I � . � �. i . R �.�� ARTICLE II - RECOGIJITIQN 2.1 The F�MPLpYER recognizes the UIVION as the exclusive representative for collective bargaining purposes for all personnel having an em�loyment status of regular, probationary, provisional, temporary, and emergency employed in the classes of positioa�s defined in 2.2 as certified by the Bureau of Mediation Services in accordance wit.h Case No. 73-PR-513-A dated May 15, 1973. 2.2 The� classes of positions recognized as being exclusively represented by the UAtION are as listed in Appendix A. _ 2 _ _ . ' �* � ARTICIF III - F�+�IAYER RIGHTS E< ��'�� 3.1 The IIKPLOYER retains the right to operate and ma�nage all manpower, facilities, end equipment; to establish ftiinctions and programs; to set and emend budgets; to determine the utilization of technology; to establish and modify the organiza�tional structure; to select, direct, and determine the number of p�ersonnel: end to per�form eny inherent managerial fluiction not spe�cificelly limited ' �by this AGREEN�NT. 3.2 Any "tex�o or condition of employment" not established by this AGFCEEt+�NT shall remein with the EMP?A7(ER to eliminate, modify, or est•ablish following written notificetion to the tJNION. - 3 - � , , � ARTICLE IV - UftIOM RIGHT" '��,�� 4.1 The II�'LOYER shall deduct from the wages of employees aho authorize such e deduction in writing en amount necessary to cover monthly UNIOIQ dues. Such monies deducted shall be remitted as directed by the UNION. 4.11 The EI�LOyER shall not deduct dues from the wages of employees covered by this AGREEMEIPP For any other labor organization. 4.12 The tJNION shall indemnify end save harmless the EMPLOYER from eny and all claims or charges mede against the EI�II�LOYER as a result of the implem��tation of this ARTICLE. 4.2 The OP?ION may designate one (1) employee from the bargaining unit to act es e Steward and shell inform the EMPIAYER in writing of such desi�ation. 3uch employee shall have the rights and responsibilities as desi�eted in Article 23 (GRIEVAItfCE PROG�DURE}, 4.3 Upon notification to a designated EI�LpyER supervisor, the Business Manager of the [TNI01�, or his designated representative shall be permitted to enter the facilities of the EMPLOYER where en�loyees . covered by this AGREEMENT are working. � � � . " � y `.7�� s .� � ARTICIE V - SCOPE OF Tf� AG�II�NT 5.1 This AGRE�NP establishes the "terms end conditions of employment" deff�ned by M.S. 179.63, Subd. 18 for all employees exclusively rep:resented by the UAION. This AGREEMENT shell supercede such "te:cros and conditions of employment" established by Civil Service Rul�e, Council Ordis�ance, and Council Resolution. - 5 — ARTICLE VI - PRORATIONARY PERIODS � ;�� 6.1 All personnel, originelly hired or rehired following separetion, in � a regular employment stetus shall serve a sia (6) month's probationery period during Which time the employee's fitness and ability to perfor.n the class oP positions' duties and responsibilities shall be evaluated. 6.11 At any time during the probationary period en . employee may be terminated et the discretion oF the EN�LOYER without appeal to the provisions of Article 23 (GRIEVANCE PROCEDURE). 6.12 An employee terminated duri.ng the probationary period shall receive e written notice of the re�son(s) for such termination, a copy of Which shell be sent to the iJNION. � 6.2 Al1 personnel promoted to a higher class of positions shall serve a six (6) months' promotional probationary period during which time the employee's Pitness and ebility to perform tr.e class of positions' duties end responsibilities shall be evaluated. . 6.21 At any time during the pramotional probationary period en employee may be demoted to the employee's . previously held class of positions at the discretion of the EA�LOYER without appeal to the provisions of Article 23 (GRIEVANCE PRO(.�DURE). 6.22 An employee demoted during the promotional probetionary period shall be returned to the � employee's previously held cless oP positions end sheill receive a rrritten notice of the reasons for demotion, a cop�• of Which shall be sent to the UNZOA. � - 6 - ' . - , AATICLE VII - PfiIIASOP'HY OF II�'IAYMENT AIQD C�'ENSATION �� ,j � 7.1 The EN�'IAYER nnd the UDTION are in f�il.l agreement that the philosap�_�y of employment and compensation shall be a "cash" hourly Wnge and "industry" fringe benefit system. _ 7.2 The II�L07�R shell compensate e�mployees for ell hours worked at the besic hourly Wage rate and hourly fringe benefit rate es Fotind in Articles 12 (WAGES) and 13 (FRII�TGE B�FITS). 7,3 Ao other compensation or fringe benefit shell be accumulated or eerned by an employee except as specifically provided for in this AGREE[+��1T; except those employees who have individually optioned to be "grandfathered" as pmvided by 12.2. _ 7 _ � ' ' ARTICLE �,'III - HOURS OF WORK s?,n `"' �'�'`�',��`,� 8.1 The normal work day shall be ei�ht (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:3� p.m. 8.2 The normal work week shall be five (5) consecutive normal work days Nionday through Fr�day. $•3 If, during the term of this AGREEMF�tT, it is necessary in the ENIl'I,OYER'S �ud�ment to establish second and third shifts or a worl!: week of other than A4onday through Friday, the UTdION agrees to enter into negotiations i�nediately to establish the conditions of such shifts and�or wor� weeks. 8.4 , This section shall not be construed as, and is not a guarantee of, any hours of work per nor�al work day or per nornal work week. 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the establishe� starting time ard shall remain at an assigned �.�ork location until the end of the established work da�� un].ess otherwise directed by their supervi.sor. 8.6 Al1 employees are sub�ect to call-back by the II�I,()yER as provided by Article 10 (CfiLL B,ACK). 8.7 F3aployees 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 leaving home, or during the previous work day. - 8 - • . ARTICLE TX - OVERTIME ' . . f �� 9,1 Al1 overtime compensated for by the II�IAYER must receive prior suthorization from a designated E1�'I�OYER supervisor. No overtime �aork claim Frill. be honored for payment or credit unless approved in advance. An overtime cleim will not be honored, even though shaNn on the time card, unless the required advance np�provel has been obtained. 9.2 The overtime rate of one and one-half (12) the basic hourly rate shall be paid for work performed under the follot�ring circumstances: 9.21 Time worked in excess of eight (8) hours in eny one normal work day and 9.22 Time worked on a sixth (6th) day following a norm�l wcrk Week, 9�3 The overtime rate of two (2� times the basic hourly rate shall be peid for work performed under the following circumstances: 9•31 Time worked on a holiday as dePined in Article 16 (HOLIDAYS); • 9•32 Time �vrked on a seventh (7th) day following e normal �rork �reek; 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 rate of one and one-half (12). 9.4 Fbr the purposes of calculating overti.me compensa�tion overtime hours �rorked shall not be "pyramided", compounded, or paid twice for the same hours worked, 9•5 Overtime hours w�orked as provided by ttiis ARTICLE shall be psid in caah. _ 9 _ . � ' • � �'��-•�,.�� -- ARTICLE X - CALL RACIC ��` +� 10.1 The II�IA�R retairis the right to cell back employees before an employee has started a nonnal work day or normel work keek end after en employee has completed e normal work dey or normal work Week. 10.2 F�ployees called back shall receive a minimum of four (4) hours pay at the basic hourly rate. 10.3 The hours worked based on e cell-back shall be cempensated in accordance with Article 9 (OVERTIME), when applicable, and subject to the minimum established by 10.2 above. 10.4 F�ployees called back four (4) hours or less priur to their normal t,�rk day shall complete the no�al work day and be compensated only for the overtime hours worked in accordance 6rith Article 9 (OVERTIME). - 10 - � � � . � �,:'" ��'�'�'�'� ARTICLE XI - WORK IACATION, RESIDENCY 11.1 F�nployees sha21 report to work location as assigned by a designated II�i2PL0YER supervisor. During the normal k=ork day employees may be assigned to other wr�rk locations at the discretion of the EMpLOYER. 11.2 Dnployees assigned to work locations during the normal work day, other than their original assignment, and who axe required to furnish their own transportation shall be compensated for mileage. 11.3 All new employees appointed after January 1, 1976, would be required to reside in the City of Saint Paul within one year of their original appointment, and thereafter would be required to remain within the City limits as long as they were employed by the City of Saint Paul. 11.4 This residency requirement shall apply to unclassified employees as well as classified employees. 11.5 Applicants for positions in the City of Saint Paul will not be required to be residents of the City of Saint Paul. 11.6 �mployees failing to meet the residency requirement will be subject to termination and a hearing process shall be es'tablished to determine whether the residency requirement was met. - 11 - . i ARTTCLS XII - WAGES f b��O 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 �nployees 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 AGREEN�NT, but shall not have hourly fz�inge benefit contributions and�or deductions made on their behalf as provided for by Article 13 (FRINGE BENEF'ITS). 12.21 Insurance benefits as established by City of Saint Peul xesolutions. 12'.22 Sick Leave as established by Ordinance P1o. 3250, Section 35, Subdivision E. 12.23 Vacation as established by Ordinance No. 6446, Section 1, Subdivisivn F, hoWever, emplayees 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 �Tine (9) legal holidays as established Uy Ordinance No. 6446, Section 1, Subdivision G. 12.25 Severence benefits as established by Orc�inance No. 11490. - 12 - • . i < m��,� . r� ARTICLE XII - WAGES - continued 12.3 Regular employees not covered by the t�inge benefits listed in Article 12.2 shall be considered, for the purposes of this AGREE�NT, participating . employees and shall be campensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and�or deductions msde 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 AGRE�iT, participating emplay�ees and 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 (�'RINGE BENEFITS). - 12.5 All regular employees employed after February 15, 1974, shall be considered, Por 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 - � � � ~ ¢�'��.. ARTICI,E 7CIII - FRINGE BEI�FITS `�� 13•1 The EN�LOI�R shall make contributions on behalf of end�or make deductions fmm the wages of employees covered by this AGFtE�MENT in accordance �rith Appendia D for all hours worked. � - lb - ' � � . i . ' � � ARTICLE XN - SELECTION OF FOREMAN AND GENERAL FOREMAft ��* �� 14.1 The selection of personnel for the class of position Sheet Metal Foreman shall remain solely with the EMPLOYER. 14.2 The class of position Sheet Metal Foreman sY►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 El�LOYER supervisor. 14.4 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 _ ' . � �� ARTICLE 7N - RETI�NT 15.1 All employees shell retire from employment with the Et+�LOYER no later than the last calendar dey of the month in which an employee becomes sixty-five (65) yeers old, - 16 = � ARTICLE XVI - HOLIDAY'S f �'�� 16.1 The follo�ring nine (9) days shall be designated es holidays: Rew Year's Day, Jenuery 1 President's Day, Third I�3onday in Februery � Memorisl Day, last Monday in May Independence Day, July 4 � • Lsbor Day, first Nbnday in September Columbus Day, second Nbnday in October Veteran's Day, November 11 Thenksgiving Day, fourth Thursday in November Christmes Day, December 25 16.2 Whe:n IQew Year's Dsy, Independence Day or Christmas Day falls on e Sunday, the follo�ring Mondey shall be considered the designated holidey. When any of these three (3) holidays falls on a Saturday, the preceding Friday shell be considered the des�gnated holidey. 16.? The nine (9) holidays shall be considered :lon-work days. 16.�+ If, in the �udgment of the EMPI,pyER, personnel are necessary for opereting or emergency ressons, employees may be scheduled or "called back° in aecordance with Article 10 (CALL BACR). 16.5 E�nployees working on e designated holiday shall be compensated et the rate of tWO (2) times the basic hourly rate for all hours x�rked. _ 17 _ . . �ARTfCLE XVII - DISCIPISNARY PROCEDIJ�S ��b��►°J � 17.1 The EI�LpyER shall have the right to impose disciplinary actions on employees for �ust cause. 17.2 Disciplinery actions by the II�LOYER shell include only the following actions: I.7.21 Oral reprimand 17.22 Written reprimend 17.23 Suspension 17•2� Demotion 17.25 Discharge 17.3 bnployees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Coamiission or a designated Board of Revie�. The Civil Service Co�ission, 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, demation, or discherg� shall be considered a "grievance" for the pnrpose of processing through the provisions oP Article 23 (GRIEVAi�TCE g�RpCEDURE)� - 18 - - ; . . . I � I • ' � ARTICLE XVIII - ABSENCES FRCM WOR�C f/"��'�� 18.1 brtployees who are unable to report for their nonmal work 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 �nor�k day, 18.2 Failure to make such notification may be grounds for discipline as provided in Article 17 (DISCIPLINARY PROG�DURES). 18.3 Fai.lure to report for work without notification for three (3) consecutive normal work days may be considered e "qnit" by the E�t+�'IAYER on the pert of the employee. - 19 - � - •' �ART�CirE XDC - SEIVIORITY � � , � �; �,, t� �� 19.1 Seniority, for the purposes of this AG�1QT, shall be defined as Pollows: 19.11 "I�ster Seniority" - the length of continuous reguler end probationary service with the EMPI,pyER from the lest date of employment in any and all c]'Gass titles covered by this AGREEMENT. � 19.12 "Class Seniority" - the length of continuous regular and probationary service �rith the II�I,pyER from the date an employee was first appointed to a class title covered by this AGRE�MEI4T, 19•2 Seniority shall no� accumulate during an unpaid leave of ebsence, except when such a leeve is granted for a period pf less than thirty (30) calendar days; is granted because of illness or injury; is granted to ellow an employee to accept en appointment to the unclassified service of the Et�I,pyER or to an elected or appointed flill•time position With the UNION. 19•3 Seniority shall terminate when an employee retires, resigns, or is discharged, 19•�+ In the event it is determined by the II1�',�LpyYER t�iet it is necessar,y to reduce the ti,rork force employees will be laid off by class ti:le within each Department based on inverse length of "Class $eniority." bnployees laid off shall have the right to reinstatement in eny loWer-peid cless title, provided, employee hes greater "Master Seniority" than the employee being repleced. 19.5 The selection of vacation periods shall be made by cless title besed on length of "Cless Seniority", sub3ect ta the approval of the Et�I,pyER, - 20 - � . • . . � �T . . ' � , � � ��! ARTICIE )IX - JURISDICTION 20.1 Disputes concerning work jurisdiction between and emong unions is reco�ized ss an appropriate sub�ect for determination by the var unions representing employees of the ENN�LOYER. 20.2 The II�lPLOYER agrees to be guided in the assignme:rt of work jurisd by any mutual egreements between the unions involved. 20,3 In the event of a dispute concerning the performence or essigrimen �rork, the unions involved and the EMPIAYER shell meet es soon es possible to resolve the dispute. Nothing in the foregoing shall the right of the EI�LOYER to accomplish the work as originally as pending resolution of the dispute or to restrict the II�L01'ER's � right to essign w�ork, 20.4 Any employee reflising to perform work essigned by the EMPLOYER ar clarified by Sections 20.2 and 20.3 above shall be sub�ect to dif action as provided in Artic2e 1.7 (DISCIPLINARY PROCEDURES). 20.5 There shall be no work stoppage, slow down, or any disruption of resulting from a Work assignment. - 21 - AItTICLE XXI - SEPARATIOI� � r,�'�� 21.1 F�ployees heving a probationary or reguler employment stetus shall be considered separated from employment based on the following actions: 21.11 Resignation, brrployees 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 Discharge. As provided in Article 17. . -_ 21.14 Pailure to Report for Duty. Aa provided in Article 18. 21.2 F�aployees having an emergen^y, temporary, or provisional employment status may be terminated at the discretion of the II�LOYER before the completion of a normal work day. ' ' - 22 - � � � . �, � � r � !� � �� ARTICLE XXII - TOOIS . 22.1 All e�mployees shell personnlly provide themselves �,iith the tools of the trade as listed in Appendix B r . - 23 - , � .ARTICI,E XXIII - G3IEVAI�CE PROCEDURE � . f, ,��,�� 23•1 T'he El�'LOYER shall recognize Stewards selected in accordence with UI9ION rules and regulations as the grievence representative of the bergaining unit, The UIr1I0N shell notify the ENlPIipyER in w�riting of the nemes of th�! SteWards end of their successors �hen so nemed. 23•2 It is recognized and acce�pted by the II+�I,pyER snd the UNION that the prc�cessing of grievances as hereinafter provided is limited by the 3ob dut:ies end responsibilities of the employees and shall therefore be ecc:omplished during working hours only when consistent with such � emF�loyee duties and responsibilities. The Stew�rd involved and a grievi:ig employee shall su�:er no loss in pay when e grievance is pro- cessed during working hours, provided, the Steward and the employee have notified and recei�•ed the approval oP their supervisor to be absent to process a grievance end that such absence would not be detrimental to the work progrsms of the EI+�ff�LpyER, 23•3 The procedure established by this ARTICLE sh811 be the sole and exclusive procedure, except for the appeel of disciplinary action as provided by 17.3, for the processing of grievances, rrhich are defined as an alleged violation of the terms and conditions of this AG�EMENT. 23•�+ Grievances shall be resolved in confoz�niance with the following procedure: Step 1. IIpon the occurence of en alle�ed vi.olation oP this AGREEMENT, the employee involved shall ettempt to resolve the matter on an informal basis with the - 2� - , _ , � .ARTICZE XXIII - GRIEVANCE PROCIDURE (CONTINUED) ��'� �� employee's supervisor. IP the matter is not resolved to the employee's satisfaction by the informa2 discussion it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set forth the neture oP the grievance, the facts on Which it is based, the alleged section(s) of the AGREEMEIq*P vialeted , and the relief requested. Any alleged violetion oP the AGR'EEMENT not reduced to writing by the IINION Wi.thin seven (7) celendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shsll be considered waived. Step 2. Within seven (7) calendar days after receiving the xritten grievance e designated EI�'LpyER supervisor shall meet with the tJNION Steward and attempt to resolve the grievence. If, as a result of this meeting, the grievance remains unresolved, the EI�I,p7�R shell reply in writing to the TJI�ION within three (3) calendar days following this meeting. The UAION may refer the grievance in writing to Step 3 within seven (7� calendar deys follawing receipt oP the EA+�I,pyER�s written enswer. Any griev�nce not referred in writing by the iTNION within seven (7) calendar days following receipt of the II�I,pyER�g ans�e� shall be considered waived. - 25 - . . : � . � � � ARTICLE XXIII - GRIEVANCE PROCEDURE (COI�TIN[1ED) � k�u►��y s 5tep 3. Within seven (7) calendar days following receipt of a � grievance referred from Step 2 e designeted EN�LOYER � supervisor shall meet with the U1vI0N Business Maneger or his designnted representative and attempt to resolve the grievance. Within seven (7) calendar days following thf s meeting the EI�LOYER shall reply in writing to the LTNIOAt stating the EI�LOYER'S enswer concerning the grievance. If, as a result of the aritten response the grievance remains unresolved, the ZTNION may refer the grievence to Step 4. Any griarance not referred to in writing by the tJNI01� to S�tep 4 within seven (7) calendar days fo2lowing receipt of the F�IAYER'S enswer shall be considered waived, Step 4. If the grievence remains unresolved, the UNION �ay • xithin seven (7) calendar days after the response oP the EMPLOYER in Step 3, by written notice to the EI�'LOYER, request arbitration of the grievance. The nrbitration proceedings shall be conducted by an arbitrator to be selectRd by mutual egreement of the II�LOYER and the tJNION 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 party may request the Publfc bnployment Reletion Boerd to submit a - 26 - . i . ��' � CONTII�fJED ��g ARTICLE �CIII - GRIEVANCE � ( � . panel of five (5) arbitrators. Both the EMPLOYER � and the UNION shall have the right to strike t�ro (2) nemes from the panel. The tJNION shall strike tt►e first (lst) name; the EN�LOYER shall then strike one (1) name. The process will be repeated and the remaining person shall be the erbitrator. 23•5 The arbitrator shall heve no right to amend, modi�r, nullify, ignore, add to, or subtract 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 jTNION and shall have no authority to make a decision on any other issue not so submitted, The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force end effect of law. The erbitrator's decision shall be submitted in wri.ting within thirty (3) deys following close of the hearing or the submission of briefs by the parties, �hichever 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 AGF2EEMENT 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 the employees. - �7 - . ; � � I � . ;� . . _ . � �� ARTICI.E 7IXIII - GRIEVANCE PROCEDURE (CONTII4UED) � 23.6 The fees and expenses Por the erbitrator's services nnd proceedings shall be borne equelly by the II�LOYER and the UNION, provided that each perty shall be responsible for compensating its own representative - and rritnesses. IP either party desires a verbatim record of the proceedings, it may cause such a record to be made prov�ding it peys for the record. 23.7 The.time limits in eech step of this procedure may be extended by mutual agreement of the ENIPLOYER and the UNZOR. - 28 - ARTICLE )QCN - RIt�iT OF SUSCOIaTRACT �� 24,1 The F.MPL07�R may, et any time during the duration of this AGREEMENT, contract our �,rork done by the employees covered by t,his AGREEMENT. In the event that such contracting would resi;�l,t in a reduction of the work force covered by this AGI�E�MENr, the EMPLOYER shall give the UIJION e ninety (90) calE:ndar day notice of the intention to sub•contract, 24.2 The sub-contracting of worl: done by the employees covered by 'this AGR�t�NT shsll in all ceses be mede only to employers who qualify in accordance with Ordinance No. 14013. - 29 - . . . ARTICLE 70N - NON-DISCRIl�+IINATION ��'�� 8' 25.1 The terms and conditions of this AGREEMENT will be applied to employees e�qually without regard to, or discrimination for or against, any individuel because of race, color, creed, sex, age, or because of inembership or non-membership in the UNION, 25.2 �ployees Will perforaa their duties and responsibilities in a non-discriminatory msnner es such duties and responsibilities involve other employees end the general public. - 30 - . , ARTICLE 7QCVI - SEVERABILITY �� •1 In the event that eny provision(s) of this AG�EMEI�Tf is declared to be contrary to laM by proper legisletive, administrative, or �uiliciel authority from whose finding, determinetion, or decree no appeal is ta�en, such provision(s) shall be voided. All other pn►visions shall continue in f1�11 force and effect. 26.2 '1"hE: perties agree to, upon written notice, enter into negotietions to place the voided provisions of the AGREEI�NT in complinance With the legislative, administrative, or judicia�. determination. � � _ ARTICLE 70CVII - WAIVER � �+� ■ �� 27.1 The EI�II�LOYER and the UNION acknowledge that during the meeting and negotieting which resulted in this AGREEMENT, each hed the right and opportunity to make proposals rrith respect to any sub�ect concerning the terms end conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are �illy and completel� set forth in this AGREEN�IPP. 27.2 Therefore, the II�LOYER and the iTNION for the duration of this AG�ME1� agree that the other pary shall not be obligated to meet and negotiate over any term or conditions of employment Whether specifically covered or not specifically covered by this AGREEMENT. The UNlON and EN�IAYER may, however, mutuslly agree to modif�r eny provision of this AG�hENT. 27.3 Any end all prior ordinances, sgreements, resolutions, practices, policies, and rales or regulations regarding the terms and conditions of employment, to the extent they are inconsistent �,rith this AGREEMENT, are hereby superseded. _ � � . ' .ARTICLE 70CVIII - CITY MII,FAG£ PIAA n ��' �� >��'�_, 28.1 Autoneobile Reimbursement Authorized: pursuent to Chapter 92A of the St. Peul Legisletive Code, as amended, pertaining to reimbursement of Cit�y ofPicers and employees for the use of their own automobiles in the� performance of their duties, the following provisions ere edopted. 28.2 Method of Computation; To be eligible for such reimbursemen+. all off'icers and employees must receive written authorization from the Mey�r. Reimbursement shall be made in accordanee with one of the following plans: e 1. For those officers and employees who are required to use t�heir oWn automobiles occasionally for official City business, rei.mbursement at the rate of 13 cents for eech mile driven. e 2. Fbr those officers and employees who are required to use their own automobiles on e regular besis on City business, reimbursement at the rate of �2.50 for each day of wor�►, end in addition thereto et the rate of 6.5 cents for each mile driven, 2$•3 Rules and Regulations: The I�yor shell adopt rules and regulations governing the procedures for auto�obile reimbursemer.t, which regulations and rules shall contain the requirement that recipients shell file daily reports indicating place of origin and destination and applicable mileage ratings thereat and indiceting total miles driven, and shall file monthtv at"fidevits stetin� the number of days Worked and the number of miles driven, and flirther required that they maintain automobile lis�ility insurance in amounts not less than $100,000/3pp,ppp for personal in�ury, and $25,p6Q for property damege. These rules end regulations, together with any emendments thereto, shell be mainteined on file with the City Clerk. 28•4 The provisions of this Article shall not apply to employees of Independent School District No. 625, - 33 - ARTICIE XXIX - MIIFAGE - IIQDEPENDEI9T SCKOOL DISTRICT #b25 ��,�� 29.1 �nployees of the School District under policy adopted by the Boerd of Education may be reimbursed for the use of their auto- mobiles for school business. To be eligible for such reimbursement, employees must receive authorizstion from the District Mileege Coaanittee utilizing one of the following plans: PLAN "A" is reimbursed at the rete of 15¢ per mile. Ir. addition, a msximum amount �rhich can be paid per month is established by en estimate furnished by the employee and the employee's supervisor. Another consideretion for estsblishing the maximum amount can be the experience of another Working in the same or similar position. Under this plan, it is necessary for the employee to keep a record of eech trip msde. PI,A17 "C" provides for reimbursement based on a per month�lump sum" amount. This amount is determined by the employee'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 n�ber of days the car was avail- able during the month. A deduction must be made from the lump sum �mount for each day the employee is on vacation. A deduction need not be made for an occssional day of illness or for holiday. _ 34 _ Al3TICI,E XXX • DU�ATION �RD Pz,EDGE E� ��.' � . �"�.i� 30.1 T'nis AGR�b�►�"� shall become effective es of the date of signing, except ss specifically provided othenuiEe in Articles 12 and 13, end shall reRnain in effect throu�h t.he 30th day �f AFril, 1976, an�i con±inue in effect fror� year to year thereafter unless r,otice te change or ta �erminate is given in the wanner provided in 30.2. • �0.2 Zf eithpr party desires to tera:inete or modi.f�r this AGREII�*fT, effective es of the date of e�iration, the party wishin� to r�odify o� tercninete the AGREEMENT shall give Written notice to the other Farty, not more than r.znety (90} or Iess than szxty (�C) calen�ar da�s pri�r to tr� ex�iretian d�te, Frcivided, ±hat tY;e AGRE�'.t�;d'!' �a� c^',� r:e so temir.ated cr �cdified effective� as a: th� ez�r:reticr. de�e. ?�'. �; In cer.�iuera�icr. a° the te��s �s��d cor,ditior.s of er.�lo;�e�� established t,y this AGREE2+�I1'T end the reco�nitiar. thst i.ne GRIEVAI'�CE PRO:,�;,�:^, herein est$tlished is the neers by w:�icr� �;rie�.��.c�� concc:rrtin� its ��pli��tien or ir.`,er�,re�e'.i�n *r.F� }.c pesceful?� re:>cslved, th�! par�ies herel;v Fi^<�� sy .,�ri.-. ..E. tr.e term of the AG�EEMERT: ?0.31 T`e LTIvZON and tl;e emplo,yees �rill r.ot er,��.e in, inst:�ate, or coado:,e any cor�certed sct�on in w'r�ich e�l.�yees fail. to report fer du�y, willf�Z21y BpSP.TIt, t}l/Pfis�lves Pr�rr wo:-k, st�` work� slow dow^.: their tarirk, or absent themselves in • 35 - , , • . . � 'AFfTIC�E X7IX - DURATION AND PI.EDGE (CONTINUED) in whole or part from the flill, faithfl�.l performance of their duties of employment. ��, 3p.32 The EI�LOYER will not engage in, instigate, < �y�� or condone any lock-out of employees. 3�•33 This constit��tes a tentative agreement between the parties which will be recom�ended by the City Negotiator, b ut is subject to the approval of. the Administration of the City, the Cit�r Council and Independent School District No. 625 and is also subject to ratification by the Associat�on. � AGREED to this�/ day of,�qG� , 197�, and attested to as the full and ca�plete understanding of the parties for the period �f time herein specified by the signature of the following representative for the EI�+SPLOYER and the UNION: WITPJESSES: CITY OF SAINT PAUL SHEET METAL WQRI�RS INTERNATIOIIAL ASSOCIATION IACAL 76 , BY: ��i, , !i ) 'f- �t �(/ ity Nego ato Business Manager , _ ---- ,� BY: BY: � � ` , l . , _�. BY: BY: Civil Service Commission BY: BY: _ Mayor BY: City Attorney BY: Ind�pendent School District No. 625 - 36 - • - • � I � 1��..i� � • , . i�c��.d' APPEPIDIX A � The classes of positions recognized by the II�LOYER as being exclusively represented by the TJDTIOIJ are as follows: Sheet Metal Worker - Fore�man, Sheet Metal Worker, Apprentice Sheet Metal Inspector; and other classes of positions that may be established by the EI�IAI�R where the duties and responsibilities assigned comes �rithin the jurisdiction of the UIVION. - Al - . _ ' I . • � , � f�v�� xnnc a Tool Box Whitney, Small Cresent Wrench or set of Open End Wrenches Center Purches Hacksaw Frame Chisels Small Hsnd Tongs 6' Folding Rule Screw Driver Scratch Awls Pliers Snips, Straight-aviation L and R Iiam�ers (Tinners) Dolly Bar Combination Square Prick Punch 10' Tape Dividers - Bl - � I � �. �.� . . , . � e�� The basic hourly wage rate for provisional, regu�ar and probationary employees appointed to the followin� classes of positions and not receiving the Fringe Benefits listed in Article 12.2 shall be: Effective Effective May 16, 1975 Oct. 1, 1975 Sheet Metal Worker . . . . . . . . . . 9.67 $9.67 Sheet Metal Worker - Forexnan . . . . . 10.39 10.39 The basic hourly wage for temporary and emergenc;y employees appointed to the following classes of positions shall be: Effective Effective May 16, 1975 Oct. 1,1975 Sheet Metal Worker . . . . . . . . . . 10.06 10.06 Sheet Metal Worker - Foreman . . . . . 10.81 10.81 Apprentice 0 - 6 months . . . . . . . . . . 50°�, of Sheet Metal Worker rate 7 - 12 months . . . . . . . . . . 55� of Sheet Metal Worker rate i3 - 18 months . . . . . . . . . . 60°�, oP Sheet Metal Worker rate 19 - 24 months . . . . . . . . . . 65°� of Sheet Metal Worker rate 25 - 3� months . . . . . . . . . . 70°,� of Sheet Metal Worker rate 31 - 36 months . . . . . . . . . . 75,�, of Sheet Metal Worker rate 37 - 42 months . . . . . . . . . . 80� of Sheet Metal Worker rate 43 - �+$ months . . . . . . . . . . 90°�, oP Sheet Metel Worker rate The basic hourly wage rate for regular employees appointed to the follo�ring classes of positions who are receiving the Fringe Benefits listed in Article 12.2 e shall be: Effective Effective May 16, 1975 Oct. 1, 1975 Sheet Metal Worker . . . . . . . . . . 8.90 8.99 Sheet Metal Worker - Foreman . . . . . 9•52 9.61 Sheet Metal Inspector. . . . . . . . . 9•52 9.61 - Cl - , , � APPENDIX D ��,�'�� Effective May 16, 1975, the El�LOYER shall: (1) contribute $ .54 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREF.MENT, to a Welfare Fund. (2) contribute $ .55 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.�+ and 12.5 of this AGREEMENT, to a Pension I�,ind. Effective October 1, 1975, this contribution to the Pension Fund shall be increased to $ .65 per hour. (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 Z2.5 of this AGREEMENT, and forward to a Vacation �.ind. (4) contribute $ .Q6 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.�+ and 12.5 of this AGRF'w'�'N'�', to the Journeyman and Apprenticeship Training �lmd. All contributions and deductions made in accordance with this Appendix shall be forwarded to depositor3es as directed by the UNION. � The II�SPLOYER shall establish Worlflnan's Comgensation and Unemployment � Compensation programs as required by Minnesota Statutes. The EI�R'LOYER's fringe benefit obligation to participating employees as defined in Articles 12.3, 12.k and 12.5 is limited to the contributions and� or deductions established by this AGREII�NT. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the EA�LOYER has forwarded contributions and�or deductions. - Dl - . . �• t�s � �', ,, . i'X� • l�g�� MAINTENANCE LABOR AGREEME�iT - between - T� CITY OF SAINT PAUL THE INDEPENDENT SCHOOL DISTRICT N0. 625 - and - IlQTERNATIONAL RRQTI�RHppD OF PAINTERS AND ALLIED TRADES LOCAL 61 " r . . • • . i?t� . , . ,. , , s� E- b�� AP„'-��.� lI'�-7� , Y�s� � � Preeable iiz Z PurpCSe g Xx Rect�gr�itio� � I�� p?�yer Rights � ,. TJ �J:�_on p��h�u "` y � .�.cc;�e o° ,;,re:ea�eaL � � P;-cc�atiarr�:�: �e,ie3s � ��I� �'r.iiosc�-�=y �i �-`pl�;iment an�a Co��~�sat�an f �i�I �.our� �f kari: G �',t GYF;7.'v aT�� ` Caxl E�ck �` � . War;t T�c�etie:� , c�eside:�cy 1� F-- r;��: 3.^ �� _�i' :'�ir:�e ��r.efit� ��' ;T Y S�lec�ior. o: rore�ar. snd ,�'i�:.�?T$I Yf3Z'�"!"�St '-� ;�r ;"t�ti ree^::er.t lr" � ',�._"y j a'�`�yiit�iyS ..s 1� �y�'; �'�wcit,li�zs�~� i�rocec3�a:e� '".?IZ �b;e��es rra� +:ork ='� n i. SGT:1dT'1�� ; t'Lt;'i S.'a.iC�i.lvi! i~ ;�,�;: Se�a rstic� .`: • r,� r��T �•�J f.l's S �-. ..�,i.. ' �� Y„Yiy? i�'.CVi9^Ce ?-'Or'��ilt� `- n.f_LZl :!7�:1: i;l� u'r:CiCC`.r�:�]Cv C� �;,;,� ';�r-L�iscri�:.^.a�zon :J ;''u.`_^�3 ;i�':C'.:'�:1�i�y �, i„i'.��I iv G�'lr L'7' i 2 .Y•..''-.t�`T.ib l.:�Z% ja.J.e�i�.E' i'i�..� ^� � >�.°r.,s, I••ale��e ?'.�7.S. ;,-%�:?� �� `h L��:rIIt1.�Ji� t�r.•.d PI�u�,� �5 .�,��'��Cdix l �a��Nen�i� �i Arn�r:Qiz c: ' J;x � Esr,S C�... �.� _ � , , . �� P R E A M B L E � � This AGREENiENT is entered into on 3/ day of ,�� , 1975, between the City of Saint Paul and the Independent School District No. 625,hereinafter referred to as the II�+iPLOyER and the Inter�ational Brotherhood of Painters and Allied Trades Local 61,hereinafter referred to as the UNIOPt. The EMPLpyEg aad the UNION concur that this AGREEME�]T has as its ob�ective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. The F.�PLOyER and the UNION both realize that this goal depends not only on the words in the AGRE�IT 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 oP the general public. iii - `• . I ,•� ' ' ' ARTICI,E Z - PURP06E �L�y�� 1.1 The El�LOI�:R and the LTNION egree that the purpose for entering into this AGREEr�NT is to: � 1.11 Achieve orderly and peacefhl relations, thereby establishing a system of uninterrupted operstions end the hi�hest level of employee perEormance that is consistent with the safety and well�-being of all - concerned; 1.12 Set forth rates of pay, hours cf work, and other conditions of employment as have been agreed upon by the EMPIAYER and the LTNION; 1.13 Establish procedures to orderly end peacetlzlly resolve disputes as to the application or interpretetion of this AGHEE2y�NNT without loss of manpower productivity. 1.2 The EMP7A�;R and the UNION egree that this AGREQ�NT serves es a supplement to legislation that creates and directs the II�LpYER. Ir any part of this AGREEN"NT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conPlict so that it conforms to the statute as provided by Article 26 (SEVII�ABILIT'Y). - 1 • ' I . ,. _ !?��'�� ARTICLE II RECOGNITION 2.1 The EMpLpyER recognizes the UNION as the exclusive representative for collective baxgaining purposes for all personnel having an employment status of regulax, probationary, provisional, temporary, and emergency empZoyed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance wit�h Case No. 73-pR-479-A dated April 17, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. - 2 - • , . � ' . , . � i �n s,.,��f ARTICIE III - EA�'LOYER RIGHTS ° 3.1 The EMPLOYER retains the right to operate and manage ell manpower, facilities, and equipment; to establish flanctions and programs; to set and amend budgets; to determine the u�ilization of � technology; to establish and modif�r the organizational structure; to select, direct, and determine the number af personnel: and to perform any inherent managerial fluiction not specifically limited � by thi s AGFtEEt�NT. 3•2 Any "te=m or condition of employment" not estsblished by this AG�Et�NT shall remein with the EMPIA�R tc eliainate, modif�r, or establish following written notification to the iJI�ION. - 3 - . � ' ' � ' s? � � ft.��.�� fi�i 1C1aC/ 1� � V i�.L�l\ i�l� .. y�l �he II�I,pyER shall deduct from the wages of employees who authorize such a deduction in writing en amount necessary to cover monthly UNI��IQ dues. Such monies deducted shall be remitted as directed by the t)NION. 4.1.1 The EMPIAYER shall not deduct dues from the wages of employees covered by this AGREEI�1o'p tor any other labor organization. 4,�2 The iTNION shall indemnify and save harmless the E?�SPIAYER from any end all claims or charges made against the E2+�IAYER as a result of the implem��tation of this ARTICI.E• �,2 The UI?ION may designate or.e (1) employee from the bargaining unit to act as�a Steward and shall inform the Et�LOY�R in writing of such desi�ation. Such employee shall have the ri.ghts and responsibilities as desi�ated in Article 23 (G�v�t� ��ID��' . 4,3 Upon notification to a desi�ated EMPIA7(ER supervisor, the Business Maneger of the URiON, or his designated representative shall be pexmitted to enter the facilities of the EMPIAYER where employees covered by this AGREEMENT are working. - 4 - � ARTICLE V - SCOPE OF TF� AG�II�NT � s,��'°� 6 5.1 This AGREEt�Nr establishes the "tex�s end conditions of employment" defined by M.S. 179.63, Subd. 18 for all employees exclusively represented by the UNION. This AGREEI+�PiT shall supercede such "terms and conditions of employment" established by; Civil Service Rule, Council Ordi;�ance, and Council Resolution. • 5 - � � � I . ` AATICLE VI - PROBATIONARY PERIODS � 4.�� 6.1 Al1 personnel, originally hired or rehired following separetion, in ' s regular employment status shall serve e sia (6) month's probationary period during which time the employee's fitness end ability to perfor.n thE: cless oP positions' duties end responsibilities shall be evaluated. 6.71 At any time during the probati�onary period aa . employee may be termineted et the discretion of the Et+�LOYER without appeal to the provisions of Article 23 (GR�Vi4NCE PROCEDURE). 6.�2 An employee terminated during the probationary period shall receive a written notice oP the reason(s) for such termination�, a copy of which shell be sent to the tJNION. � 6.2 All personnel promoted to a higher class of pasitions shall serve a six (6) months' promotional probetionary periad during which time the em�loyee's fitness and ability to perform tre cless of positians' duties and responsibilities shall be evaluated. 6.21 At any time during the promotional prabationary period - nn employee may be deaated to the employee's . previous�y held class of positions at the discretion of the F.N�'LOYER without appeal to the provisions of Article 23 (GRIEVANCE PROC.�DIJ��. 6.22 An employee demoted during the promotional . probationery period shall be returned to the employee's previously held class of positions aad shell receive a �rritten notice of the reasons for demotion, e cop�• of which shell be sent to the UNZOA. . - 6 - , . , . " - PfiIIASOPHY OF II�iPI�OYMENT AND C��'ENSATIOR �� " ARTICLE VII .�°� 7.1 The EMpLpyER end the tJNION are in flill agreemen� that the philosop��y of employment, and compensation shall be a "cash° hourly Wage end "industry" fringe benefit system. �7.2 The Et�I,pYER shall compensate employees for all hours worked et the basic hourly Wage rate and hourly fringe benefit rate as found in Articles 12 (WAGES) and 13 (FRINGE B��FITS�' 7.3 No other compensation or fringe benefit shall be eccumulated or earned by an employee except as specifically provided for in this AGREB�i1'T; except those employees wha have individuslly optioned to be "grandfathered" as provided by 12.2. - 7 - � . _ • ' � � ARTICLE VIII - HOURS OF WORK �� 8.1 The normal work day shall be eioht (8) consecutive hours per day, excluding a th�.rty (30) minute unpaid lunch period, between 7•00 a.m, and 5:30 p.m. 8.2 The: normal work week shall be five (5) consecu�ive normal worl: days Monday through Friday. 8.3 If;, during the term of this AG�, it is necessary in the EMl?IAYER'S judgment to establish second and third shifts or a woi•k week oP other than Monday �through Friday, the tJNION 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 consti~ued as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 8•5 Al1 employees sha11 be at the location designated by their supervisor, ready for work, at the established starting time ar.d shall remain at an assigned work location until the end of the estab]ished work_ da�� unless otherwise directed by their supervisor. 8.6 All employees are sub�ect to call-back by the ENIPLQyER as provided by Article 10 (CALL BACK). 8.7 �nployees reporting for work at the established starting time and for whom no work is available shall receive pay for two (c) hours, at the basic hourly rate, unless notification has be�n given r.ot to report for work prior to leaving home, or during the previous work day. - 8 - . . . ARTICI,E IX - OVERTIME . I 9.1 All overtime compensated for by the EI�IAYER must receive pri� ;,�� authorization from a designated EMPLOYER supernrisor. No overtime Work claim will. be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shoWn on the time cerd, unless the required advance bpproval has been obtained. 9.2 The overtime rate of one and one-half {12) the basic hourly rate shell be paid for work performed under the follo�,ring circumstances: 9.21 Time worked in excess of eight {$� hours in any one • normal xork day and 9.22 Time worked on a sixth (6th) day following a norm�l �rork week. 9•3 The overtime rate of two (2) times the basic hourly rate shall be peid for krork performed under the following circ•.imstances: 9•31 Time worked on s holiday as defined in Article 16 (HOLIDAYS); • 9•32 Time worked on a seventh (7th) day following a normal ti+rork meek; and 9•33 Time worked in excess of twelve (12) c�nsecutive hours in s twenty-four (24� hour period, provided, that all "emergency" work required by "Acts of God" shall be � compenseted at the rate of one and one�-haZf (12�. 9.�+ Fbr the purposes of ca2culating overtime compensation overtime hours �torked shall not be "pyramided", compounded, or peid twice for the seme hours Worked. � 9•5 Overtime hours wnrked es provided by this ARTICLE shall be paid in csah. . ti - 9 - , . _ � . � . , . . . . `�� ARTICLE X - CALL BACK . 10.1 Z'he EMPLOYER retains the right to call back employees before an empl�oyee has started e noxmal work dey or normal work week end aft��r an employee has completed a normal work day or nonaal work � Wee:k. 10.2 F�mployees cslled back shall receive a minimum of four (4) hours pay► at the basic hourly rate. 10.3 The hours worked based on a cell-back shall be compensated in accordance with Article 9 (OVERTIME), when applicable, end subject to the minimum established by 10.2 above. 10.4 Employees called back four (�) hours or less prior to their normal wnrk day shall complete the normal work day and be cempensated only for the overtime hours worked in accordance with Article 9 (OVERTIME). ti - 10 - . ' � . � � . ^�'�� s �� AP,TIC� XZ - WORK IACATIOId� RE:,IDLTYr•r 11.1 El�nployees shall report to korY location as assigned by- a de:i�na`E�: E!dPLOYER supervisor. �aring tY:e normal F-orY day ewployee^ r:�;r �.- avsigne3 ta other worl� ��ations �� the discretion of t?:e EI�i3OYEic. 1i.2 E;�ployees assigne3 tc ��c:r lo�a�ior.� durir.g t::e r_or�al worl� c3ay, cther than their orig:r:a? assigizrr�,ent, and knc are require�a t�• `'4�:.;:_�- t;heir own transportatic^ s!�2Z1 be compensated for mileage. 11.3 �,.11 new employees apr.oi::te3 after Januar� '., 197E, �oul� be re�uir�� to reside in the Ci�� c` Sain± Pa�:l withi:� ane year of tneir ori�_::a'. �ppointment, and there�:ter would be require� to rema�n wi�r.in t.".� City limits as long a: `,rey were e�ployed h;� tne Ci`..3� Gc Sair.� F'-;:�. ".�+ This residency requi.:^e^:er.� sha'1 apFly tc un_la��:fied c!�i�c5ree� �:.� kell as clas�ified er�l:^;;ee�. 11.5 Applicant� for positic.�: in tae City �" Sa�nt Fe�� ,tiill r�^t be rc;::i�.-= *..o be residents cf �he Ci`y �° Sair.t Faul. 11.E F�nployees Pailing to �ee� the residency require:nent ki?? be s�b�e�' to tercr,ination and E t'.G3T'IP.� j'rxes� shall be e:�tab'_i�he:: +� detc:�:._r:� whether the re�i�er.c;,� :"e::GUirer,er.*„ Trras re`. - 11 - . . � �� '.�� 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 bnployees who are covered by the fringe benefits listed belaw shall continue to be covered by such benefits. fihey shall be sub3ect to all other provisions of the AGREIIdENT, but shall not have hourly fringe benefit contributions and�or deductions mad+e on their behalf as provided for by Article 13 (FRINGE BENEFITS). 12.21 Insurance benefits as established by City of St. Paul Resolutions. 12.22 Sick Leave as established by Ordinance No. 3250, Section 35, Subdivision E. 12.23 Vacation as established by Ordinance No. 6k�+6, Section 1, Subdivision F. 12.24 Nine (9) legal holidays as established by Ordinance No. 6446, Section 1, Slibdivision G. 12.25 Severence benefits as established by Ordinance No. 11k90. - 12 - • , . . . � � f. �s.�'�� . ARTICLE XII - WAGES - continued 12.3 Regular employees not covered by the �inge benefits listed in Article 12.2 shall be considered, for the purposes of this AGRED�NT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) aad 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�NT, participating employees and shall be com- pensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and�or deductions made in their beha.lf 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 AGREEMENT, 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). • - �3 - , . . . . . ��,�,�� ARTICLE 7CIII - FRINGE BENEFIZS x� 13.1 The II+�LOYER shall make contributions on behalf of end�or ma�:e deductions from the wages of earployees covered by this AGREEMENT in accordance �ith Appendix D for all hours worked, ti - 14 - • , . � , • �� ARTICLE XIV - SELECTION OF FORE�IAN AND GENERAL FORII�IAN ' ;�� 14.1 The selection of personnel for the class of position Painter Foreman shall remain solely with the EMPIAYER. 14.2 The� class of position Painter Foreman shall be filled by employees of the bargaining unit on a "temporary assignment". 14.3 A1'1 "temporary assignments" shall be made only at the direction of a designated IIriPLOYER supervisor. 14.4 Su.ch "temporary assignments" shall be made only in cases wher� the class of positions is vacant for more than one (1) normal wark day. _ �5 _ E� e��'�� ARTICLE XV - RETIREMENT 15.1 All employees shell retire from employment with the EMPLOYER no leter than the last calendar dey of the month in Whi.ch an employee becomes sixty-five (65) yeers old, - 16 -• . ,. . • i ARTICLE XVI - IiOLIDAYS �:°,,�� 16.1 The folloxing nine (9) days shall be designated as holidays: Ne�+ Year's Day, January 1 President's Day, Third Monday in February � Memorial Day, last Monday in I�ay Independence Day, July 4 ' � Lebor Day, first Monday in September Columbus Day,� second I�nday in October Veteran's Day, November 11 � Thanksgiving Day, fourth Thursday in Nove�mber Christmas Dey, December 25 16.2 When NeW Year's Day, Inciependence Day or Christmas Day falls on a Sundey, the folloWing Monday shall be considered the designated holiday. When any of these three (3) holic3ays falls on a Saturday, the preceding F�iday shall be considered the designated holiday. 16.3 The nine (9� holidays shall be considered :�on-work days. 16.4 If, in the 3udgment of the EMPLOYER, personnel are necessary for operating or emergency reasons, employees mey be scheduled or � "called back" in accordance with Article 10 (CALL BACK). 16.5 Employees working on a designated holidey shall be compensated at the rate of tWO (2) times the basic hourly rate for all hours xurked. � - 17 - . r • r � . .�. , � . � , , �,e��,►� ARTICLE XVII - DISCIPLINARY PROCEDUFtES 17.1 The EMPLOYER shall have� the right to impose disciplinary actions on e�nployees for �ust cause. 17.2 Disciplinary actions by the EI�LO�R shall include only the following actions: �. I7.21 Oral reprimand 17.22 Written reprimend 17.23 Suspension 17.24 De�tion 17.25 Discharge 17.3 E7nployees 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 Board of Revie�r. The Civil Service Co�►ission, or a designated Board of Review, shall be the sole and exclusive mear.s of reviewing a suspension, demotion, or discharge. No appeal of e suspension, demation, or discharge �hall be considered a "grievance" for the purpose of processing through the provi'sions of Article 23 (GRIEVANCE PROCIDURE�. � - 18 - . . I .�. ' , , , i , . �.,� ARTICI�E XVIII - ABSENCES FRCNi WOR2C ( �`:;��1' 18.1 �nployees who nre uneble to report for their normal r+�ork dey have the responsibility to Tiotify their supervisor of such absence as soon as possible, but in no event later thnn the beginning of such xo=•k day. 18.2 Fai.lure to make such notification may be grounds for discipline es pmvided in Article 17 (DISCIPLIr1ARY PROCIDURES). 18.3 Fa�'ilure to report for work without notification for three (3) coiisecutive normal work days may be considered a "quit" by the ENiP'LOYER on the part of the employee. . - 19 - . . '' /��+ y�y I � ,� . �v••�• AlA - SEPiIORITY � e� 6 � 6 1' 19.1 3eniority, for the purposes of this AG�AT, shall be defined as follo�rs: 19,11 "Mastei• Seniority" - �he length o�' continuous regular and probationary service with the EI�'LOYER from the • lest date of employment in any and aIl class titles covered by this AGHEEb�NP. 19.12 "Class Seniority" - the length of continuous regular and probationary service with the EMPLOYER from the date an employee was first appointed to a cless title covered by this AGREEMENT. 19.2 Seniority shell noa eccua,ulate during an unpaid leeve of absence, except �rhen such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is grented to aZlow an employee to accept an aFpoin�ment to the unclassified service of the Et�Il'LO�R or to an elected or eppointed t1i12-tia:e positior. �rith the [TNION. 19.3 Seniority shall terminate when an employee retirea, resigns, or is discharged, 19.�+ In the event it is determined by the EN�LOYER that it is necessar,y to reduce the work force employ�es will be laid off by class ti.le within each Department based on inverse Zength of "Class Seniority." Employees laid off shall have the right to reinstatement in any loWer-paid class title, provided, eir,ployee hes greater "Master Seniority" than the employee being repleced. 19•5 The selection of vacation periods shall be made by cless title based oa length of "Cless Seniority", sub�ect to the approval of the EP+�IAYE�t. .. - 2'0 - � � � � � � . �� b.�� ARTICLE 7IX - JURISDICTION x � 20.1 Disputes concerning work jurisdiction between end among unions is recognized as an appropriete sub3ect for determination by the various unions representing employees of the EMPLOYER, 20.2 The: EMPLOYER egrees to be guided in the assignme:it of work jurisdiction �. by any mutuel agreements between the unions involved. 20.3 In the event of a dispute concerning the perforffiance or assignment oY work, the unions involved and the EMPLOYER shall meet as soon as mutuelly possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the EMPIAYER to accomplish the work as origir.ally assigned perading resolution of the dispute or to restrict the E2��LOI�R's basic right to assign xork. 20.�+ Any employee ref�sing to perform work essigned byr the EMPLOYER and as clarified by Sections 20.2 and 20.3 above shall be sub�ect to disciplinary action as provided in Article 17 (DISCIPLINARY PROCEDURES). 20.5 There shall be no work stappage, slow do�m, or eny disruption of work resulting fram a Work assigrmnent. � � � .' • , , . �� ARTICLE 7IXI - SEPARATION 21.1 �nployees heving n p:robationary or reguler employment status shell be considered seperated from employment based on the following actions: . 21.11 Resignation. bnployees 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 Discharge. As provided in Article 17, 21,1�+ Pailure to Report for Duty. A� provided in Article 18. 21.2 E�mployees havittg an emergen^y, temporery, or provisional employme:�t status may be terminated at the discretion of the II�iPIAYER before the completion of a normal work day. � � � ti ��1� +� ��. �,..�„ F,{�� a p B ARTICLE 7IXII - TOOL4 ' 22.1 All employees shall personnlly provide themse�ves r�►ith the tools of the trade es listed in Appendix B� -. . . • 23 - _ . � � �' w - . ,�. �� , � ART�CI.E 7IXIII - G�VANCE FROCEDUItE ° �''.�,"� 23.1 The EI�LOYER shell recvgnize Stewards selected in accordence with iTNIOfl rules and regulations as the grievence representative of the bergaining unit. The UI�TION shall notif�r the EMPIAYER in �rriting of the names oP the� Stewards end of their successors When so named. 23.2 It is recognized end accepted by the F�IAYER and the iTIVION that the � prc�cessing of grievances es hereinafter prot�ided is Iimited by the �ob dui;ies and responsibilities of the employees and shall therefore be acc.omplished during working hours only when consistent with such . employee duties end responsibilities. The Steward involved and a grieviag employee shall suf�er no loss in pay when 8 grievance is pro- ce>sed during •�rorking hours, provided, the SteWard end the employee have notified and recei�red the approval of their supervisor to be absent to process e grievance and thet such absence would not be detrimental to the work progrsms of the EMP7AYER. 23•3 The procedure established by this ARTICIE shsll be the sole and exclusive pmcedure, except for the appeal of disciplinary action as provided by 17.3, for the processing of grievances, Which are defined as sn alleged violatio:� of the terms and conditions of this AGREEMENT. 23.4 Grievances shall be resolved in conformance with the following procedure: Step l, Upon the occurence of an alle�ed violation oP this AGREEI��NT, the employee involved shall attempt to resolve the matter on an informal basis xith tbe � � • 2�+ - � " . � . . ' ' ' AA'r'I�LE x7CII2 - GRIEVANCE PROCIDURE (CONTINUID) ��'�►f �,� � � ��_ �� ,. employee's supervisor. IP the metter is not resolved to the employee's setisfaction by the informal discussion � � it mey be reduced to xriting and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGFtEEMENT violeted , and the relief requested. Any elleged violation of the AG�EMEh'T not reduced to writing by the �JIJION within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasoneble diligence 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 written grievence a designated E2�I,OYER �supervisor shall meet with the UNION Steward and attempt to resolve the grievence. If, es a result of this meeting, the grievance remains unresolved, the EN�IAYEK shall reply in writing to the UIQION within three (3) calendar days following this meeting. The UNION may refer the grievance in writing to �Step 3 t�rithin seven (7) calendar days following receipt of the Et�'IAYER's written answer. Any grievance not referred in rrriting by the UIVION within seven (7) calendar days following receipt of the EMPIAYER'S ansWer shall be considered rraived. - 25 :• . . ' � . . • . ' �. . , . ,, . ,� �.�`��►� ARTICLE XXIII - GRIEVANCE PROCEDURE (CO1'�TINUED) Step 3. Within seven (7) calendar days following receipt of a � grievance referred from Step 2 a designeted EI�LOYER � supervisor shall meet with the UDTION Business Manager or his designated representative 8nd ettempt to resolve the �rievance. Within seven (7) calendar days following this meeting the EMPLOYER shall reply in writing to the UIQION stating the �iPLOYER'S enswer concerning the grievance. If, es a result of the written • response the grievance remains unresolved, the UIQION mey refer the grievance to Step 4. Any grierance not referred to in writing by the UPTION to Step 4 within seven (7) calendar days following receipt of the ENiPIAYER'S enswer shall be considered waived. Step 4. If the grievance remains unresolved, the UATIO�T may • xithin seven (7) calendar days after the response of the EMPIAYER in Step 3, by written notice to the Et�LOYER, request arbitration of the grievance. The erbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement oP the EMPLOYER and the iJNION within seven (7) calendar � days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relation Board to submit a - 26 - ,+. . � �'n . ,�� ; �,;.�b. �� ARTICLE XXIII - GRIEVANCE PROCEDURE (CONTINUED� panel of five (5� arbitrators, Both the EMPLOYER and the UI�TION shall have the right to strike tsro (2) names from the panel. The UNION shall strike the first (lst) name; the EI+�IAYER shall then strike one (1) n8me. The process will be repeated . and the remaining person shall be the erbitretor. 23•5 The arbitrator shall heve no right to amend, modi�r, nullify, ignore, add to, or subtract from the provisions of this AGRF�MENT. The arbitretor shall consider and decide only the specific issue submitted in writing by the E2��IAYER and the iTNION and shall heve no authority to make a decision on eny other issue not so submitted. �he arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the apglication of laws, rules, or regulations heving the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (3) days fol].owing close of the hearing or � the submission of briefs by the parties, xhichever be later, unless the parties agree to en extension. The decision shall be besed solely on the erbitrator's interpretation or applicetion of the � express terms of this AGF�EEMENT and to the facts of the grievance . presented. The decision of the arbitrator shall be final and binding on the ENN�IAYER� the UAION, and the employees. - 2? - . , , , . � � >`.��►� ARTICLE X7CIII - GRIEVANCE PROCEDURE (CONTIIQUED) r 23,6 The fees end expenses for the erbitrntor's services and proceedings shall be borne equally by the ENiPIAYER end the UI+�ION, provided thet eac:h party shell be responsible for eompenseting its own representative - ancl �ritnesses. If either party desires a verbatim record of the pn�ceedings, it may cause such a record to be made vroviding it pa�rs fo:r the record. 23.7 The.time limits in each step of this procedure may be extended by mutual agreement of the EMPIAYER and the LTNIOA. Y . - 28 - , � , � ARTICLE XXN - RIGHT OF SUBCONTRACT �'�� 24.1 The EMPLOYER may, et any time during the duration of this AGREEMENT, contract our r�rork dor.e by the employees covered by this AGREEt�NT. Ia the event that such contracting would result in a reduction of the work force covered by this AGREEMENr, the EMPLOYER shell give the UIVION a ninety (90) � calendar day notice of the intention to sub•contract. 24.2 The sub-contracting of worr done by the employees covered by this AGREII��r�T shall in all cases be made only to employers who quslify in accordance with Ordinance No. 14QI3. - 29 - � • • f °'�i . �� ARTICLE 7QN - NON-DISCRIl�QNATI01� 25.1 The terms end conditions of this 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 iJNION. 25.2 �ployees Will perform their duties and responsibilities in � a non-discriminatory manner es such duties and responsibilities involve other employees and the general public. . 3p _ . �� ", ., , ��'F"'�+,� ARTICLE XXVI - STVERABII,ZTY 26.1 In the: event that eny pirovision(s) of this AGREEMENP is declared to be contrary to lax by proper legislative, administrative, or �ud'Lcial authority from whose finding, determination, or decree no �appeal is taken, such provision(s) shall be voided. All other . provisions shall continue in f1�11 force and effect. 26.2 'ihe parties a�ree to, upon written notice, enter into negotiatfons to place the voided provisions of the AGR��NT in complinance xit.h the legislative, administrative, or �udicial detezmination. • 31 - : . � . j: � � ARTICLE XXVII - WAIVER `` �r��;`�'� 27.1 The F�IPLOYER and the ZJIPION acknoWle@ge that during the meeting end negotieting which resulted in this AGREEMENT, each yad the � rif;ht and opportunity to make proposals with respect to any sub�ect concerning the terms and conditions of employment. The ag��eements and understandings reached by the perties after the ex�:rcise of this right are f�illy end completel;; set forth in th�s AGREII��Nr. 27.2 Therefore, the Ei�LpyER and the U1vI0N for the duration of this AG�tEEt•�NT agree that the other psry shall not be obligated to mee�t end negotiate over any ter� or conditions of ea;ployment �hether specifically covered or not specifically covered by this AGREE��NT. The UIiION end EhiP:AYER may, hrnaever, mutually agree to modif�r any grovision of this AG��Iv�, �'T•3 AnY and all prior ordinances, sgreements, resolutions, practices, policies, end rules or reguletions regerding the terms and . conditions of employment, to the exten� they are inconsistent �rith this AGRE�.2�NT, are hereby superseded. _ � .. ti ` � AR'T�CI.E 7IXYIII - CITY MILEAGE PLAN � �: b.��,�� 28.1 Automobile Reimbursemcnt Authorized: pursuent to Chepter 92A oP the St. paul Legisl8tive Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own eutomobiles in tbe perfozmance of their duties, the follos,ring provisions ere adopted, 28.2 Method of Com�utation: To be eligible for such reimbursement all officers and employees must receive Written authorization from the Mayor. Reimbursement shall be made in accordance �rith one of the following plans: e 1. For those officers end employees who are required to use their oWn auto:r.obiles occasione;.ly for officiaZ City business, reimbur�e�ent at the rate of 13 cents for each mile driven. e 2. Fbr those officers and ea:ployees who ere reauired to use their own autoTMobiles on e regular besis cn City business, reimbursement at the rate of $2.50 for each day of wor�, end in addition thereto at the rate of 6.5 cents for each mile driven. 28.3 Rules and Re�ulations: The I�yor shell adopt rules and regulations governing the procedures for sut�mobile reimbursemer.t, which regulations and rules shall contain the requirement that recipients shell file daily reports indicating pZace of origin end destination and applicable mileage ratings thereat and indicating totel miles driven, and shall file monthl,v affidavits statin� the number of days worked and the number of miles driven, and flirther required that they maintein automobile liatility insurance in am�unts not less than $100,000/300,000 for personal in�ury, and $25,000 for property damage. These rules and regulations, together �ith any amendments thereto, shall be maintained on file xith the City Clerk. 28.4 The provisions of this Article sha21 not apply to employees of Independent School District l�o. 625. - 33 - - . I ARTICIE XXIX - MIIEAGE - INDEPENDEPrT SCHOOL DISTRICT �625 29.1 F]uployees of the School District under policy aaiopted by the `��' �� Board of Dducation may be reimbursed for the use of their euto- � mobiles for school business. To be eligible foA such rei.mbursement, ea��loyees must receive euthorization from the Di�strict Mileege CoaIInittee utf.lizing one of the following plans: . � PIAN "A" is reimbursed at the rate of 15¢ per mile. Ir. addition, e maxiarum amount which can be paid per month is establisred by an estimate flirnished by the employee end the employee's supervisor. Another consideration for establishing the maximum nmount can be the experience of 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. PLAPJ "C" provides for reimburser�ent based on a per mon��lw� sum" ea:ount. This amow�t is determined by the e�loyee's driving experience w�der Plan "A" for a period of 3 to 6 months, Those employees receivir.g an ento allo•�rance �:nder this pl:an must report mor.thly the number of days the car was evail- able during the month. A deduction must be made from the lump sum �mount for each day the employee is on vacation, A deduction need not be made for an occssional day of illness or for holidey. _ 34 _ s�� AE�'TICLE XXaC - DiT�ATIQN ANJ P�➢GE `�:: �s��% 30.1 This AGREEb�i�T sha1Z become effcctive as of the date of signing, except a�s specific�lly provided othex�wis�e in Articles 12 end 13, end shell remain in effect thro;zEh the 30th day of Agril, 197(, $nd continue in effect fror� year to year thereafter ur,less r,otice to change or to �erminate is given in the manner grovided in 30,2, • 30.2 If either party desires to ter�inate or modify this AGREa�:'TT, effective as of the date of expiration, the party Wfshin� to r,zodify or ter�inate the AGREEN�'IPT shall gfve written notice to the othex party, no"t u�ore t'han r.ir.etv (90} cr less then sixt,y (E�.') calet:der da�s �riar to tre ex.riT•etion uste. F�rc�vidFd, ±hat t1:e AG�:i�' r�rv c^'�� t�e �c terr..ir.ated or r�o�iried effectivc as o: the e��ratior. date. ?C,� Ir� ccr,�l(Sf:'tJ';,ia!: c�' �;:e te!�,s rs;.d cor,dition� or �io;,��;f;� estab?ished by this AGR�C?9EI1'T and the recagnition that the GRIEVA�CE FRO�;��R�^ herFir. est�L.li.shed is the me�r:s by �,tficn griever.cee conccrr�in� its �ppli�atien or in`.erpretetion rrP;; t;c peacef�il2;,� re;;alved. the k,arties heret;;� pledge ti,gt c:uri:E the term of the AG�EMEP+T: ?0• 31 T�:e L�,'ION and the e.��.].o;�ees will r.ot er.,_��e in, inst_gate. or candc�-;f> any concerted br.t.ian in w'r,ich ez:�l.oyee:, fail. to repo:t far d;z��,*, �.•i11fli21y 8�bserat thCmsel�•es fro�; work, St:�� work, �low dow:-, their taprk, or ab,ent t!:emselves in . 35 _ ~ ; ARTICLE XXX - DURATION AND PLEDGE (CONTINUED) in Whole or part from the f1a11, faithf�l �� performance of their duties of e lo �� 'P ym�nt. 30.32 The IIrlpLpyER will not engage in, instigate, or condone any lock-ot,it of employees. 3�•33 This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is sub�ect to the approval of the Administration of the City, and City Council and Independent �chool District No. 625 and is also sub�ect to ratification by the Association. 3� AGREED to this�� day of�,� , 1971, and attested to as the f�ll and complete understanding of the parties for the period of time herein specified by the signature of the following representative for the EMPLpyER and the UNIpId; WITNESSES: INTERNATIONAL BROTHERHOOD OF CITY OF SAINT pp� PAIPITERS AND ALLIED TRADES LOCAL 61 . � BY: �'�..� ./^ ity Ne ia ,-- �,c_ in�ss Manager BY: BY: BY• Civil Service Commission BY� BY: Mayor BY� BY: City Attorney BY: Independent School District No. 625 _ 36 _ APPENDIX A � � ��.�� The classes of positions recognized by the IIKpI,pyER as being exclusivPly represented by the UNIpN are as follaws; Painter - Foreman Painter Apprentice and other classes of positions that may be extablished by the EMPLOYER where the duties and responsibilities assigned comes within the �urisdiction of the UNION. - A1 - • : .� . �� :< � APPENDIX B Duster Wall Scrapers Putty Knife Broad Knife HaaBner " Screw Dritrers - Bl - � � � ��r �� Effective July 12, 1975, the basic hourly wage rate for provisional, re�ular and probationary employees appointed to the following classes of positions and not receiving the Fringe Benefits listed in Article 12.2 shall be: Pain,ter - Foreman. . . . . . . . . . . . . . . . . . . . $ 9.18 Pain.ter. . . . . . . . . . . . . . . . . . . . . . . . . $ 8.70 Effe�ctive July 12, lg'75, the basic hourly wage rate for temporary, and emergency e�ployees appointed to the following classes of positions shaZl be: Pair►ter - Foreman. . . . . . . . . . . . . . . . . . . . $ 9.55 Pair�ter. . . . . . . . . . . . . . . . . . . . . . . . . $ 9.05 Apprentice 0 - 6 months. . . . . . . . . . . . . . 5Q� of Painter rate 7 - 12 months . . . . . . . . . . . . . 55� of Painter rate 13-18 months. . . . . . . . . . . . . . 60�, of Painter rate 19 - 24 months. . . . . . . . . . . . . 70�0 of Painter rate 25 - 30 months. . . . . . . . . . . . . 80� of Painter rate 31 - 36 months. . . . . . . . . . . . . 90�, of Painter rate EfPective July 12, 1975, the basic hourly wage rate for regular r�nd probationary employees appointed to the following classes of positions who are receiving the Fringe Benefits listed in Article 12.2 shall be: Painter - Foreman. . . . . . . . . . . . . . . . . . . . � 8.12 Painter. . . . . . . . . . . . . . . . . . . . . . . . . $ 7.71 When performing the following types of work the rate of pay shall be $ .50 per hour over the basic hourly wage rate of any class of positions: Sand blasting, swing-stage work, erected structural steel skeleton wark, all bridge work, all exterior work where safety belt or window jacks are used, spray painting and when applying materials over 50� creosote and for application of all two component epoxy materials. - Cl - • '., � _ , � r � APF'ENDIX D Effective July 12, 1975, the EMPIAYER shall: �� (1) contribute $ .45 per hour for all hours work.ed by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a UNION designated Health and WelPare Fund. (2) contribute $ .25 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by thi s AGREEMENT, to a Pens ion F1�nd. (3} deduct $ .50 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 F1�nd. (4) contribute $ .05 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 Apprenticeship Training Fund. All contributions made in accordance with this Appendix shall be forwarded to depositories as directed by the U1�TION. The IIdPLOYER shall establish Workman's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating employees as defined in Articles 12.3, 12.�+ and 12.5 covered by this AGREEMENT, shall not be eligible for, governed by, or accumulate vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or may be established by personnel Rules, Council Ordinan •e, or Council Resolutions. - D1 - .� � � . . i � � �� a �f �y APPENDIX D (CONTINUED) � �+' �/ The EMPLOYER'S fringe benefit obligation to participating employees as defined in Articles 12.3, 12.�+ 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 EMpLpyER has forwarded contributions and�or deductions. / - D2 - _ ►� • � • t��l Do not detach this memorandum from the ' �M Q1 : - i�•19T� ,� � ; �s ordinance so that this infiormation will be � ,, a��L��i��b�t�SF"�N�N�STR, T�YE D�R�, , RESQLUTIONS AN�7 f�RI77�1ANG � �Gs�'�'n D r J� a�� 1 a�a ].2 6 J � � �Rl`�' a 'IQs �'I�iQMAS �'� KEL�EY. CITY ADMI�1�i5TRA'TC3�t FR: l�arso■auel �!lYc� , RE: �di,aapee for su�ssir� t� �it�r t:o�cil II � , . . . . . . . . ' ... . I . � . . . . � .. . � � . A�T�QT�i REC2U�3T�p: . I ��r� �r appr�ral ud svlrii.�si�a or t�s � a � ti�t = # �i`�' �0�ei1• ' i I _ . � _ , , - . , F'WRPQ��.,�T�7► �tA�'x(�N,A�E k' R TH�S A�Tx01'�'s I ll�s �a�tce a�rpra�es th+e lgrj� t�ltecti�s Ds�a� a�� la�� t� Ci.��r o! iaist l+��3.,' Ir�pet�st �liool Hi�triet ' 6g5 � fi� '�-�. Paiwt�i, Lo�l 61 a�d. t�e i�eet If�tal Norloars Laeal S1�t a�n► �a°� ,; - ars �s�l o� t� oe:tsi� vqai� ce►s�s�►cts. - i � �T�A, �tI�E�TS: i � . �ard3�a�rcr� au�l tw�+ co]leatiin ti+4rlN�at�6 +�iz'eaa��e. �` ; A'�'��fJ'YAL� I i , i q a�r ,, : y, t ini or , .. . . . . . ... . � � ..� � � . . ', � . � _ . . . . � � a; . . . . . . j . . , . � . , � . . - . � . . . . � . . � i . . . �. . � . . . , . . � � � .. � � . . � . . � .._.I . . � . �� : � .. i;. I. lst ' I� 2na c� /J~` ' I 3rd a � �� Adopted p2� �`] Yeas Nays CHRISTEi�1SEN I HoZ� �6�'�� f � ROEDLER I ` � SYLVEST�R '� i TEDESCO PRESmENT (HUNT)