01-702ORIGI�IAL
RESOLUTIQN
CITY OF SAINT PAUL, MINNESOTA
Presented by_
Refesed To
CouncilFile# p��70
Green Sheet # 106846
Committee Date
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2 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
May 1, 2001 through Apri130, 2004 Maintenance Labor Agreement between the City of Saint Paul and
Operative Plasterers and Cement Masons International Association, Local #633.
Requested by Department oE
by Council
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O ice of Labor Relarions
By:
Form App ved by „' ttomey
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Approved� Mayor for S bmission to Council
By:
Adopted by Council: Date �,,,�. .\ - . \ �_e.15,�`
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DEPARTMENT/OFF7CFJCOUNCII.: DATE INITIATED GREEN SHEET No.: 106846 C) t-70�
LABOR RELATIONS June 29, 2001
CONTACf PERSON & PHONE: q niE AnitpvpprE
NLIE KRAUS 266-6488
ASSIGN 1 DEPARThfENT D 4 CITY CAUNCII.
NUMBER 2 CiT7' ATI'ORNEY - CiTY CLERK
MUST BE ON COUNCII. AGENDA BY (DA'I� FOR BUDCEf DIl2. � FIN. & MGT. SERVICE DIIL
ROUTING 3 MAYOR (OR ASST.)
ORDER
TOTAL # OF SIGNATURE PAGES i (CLIp ALL LOCATIONS FOR SIGNATURE)
ncriox �QUESrEU: This resolution approves the attached May i, 2001 through April 30, 2004 Maintenance Labor
Agreement between the City of Saint Paul and Operative Plasterers and Cement Masons International Association,
Local #633.
RECOM[v�NDA1TONS: Approve (A) or Reject (R) PERSONAI. SERV[CE CON"CRACCS MOST ANSWER THE FOLLOWING
QUESTIONS:
_PLANNING COMhIISSION _CIVIL SERVICE COMIvIISSION 1. Has this pecsodfvm ever worked under a contrac[ for thu depaztrnent?
_CIB COMMI1'fEE Yes No
STAFF 2. Has thu persoNBrm ever been a ciTy empioyee?
_DISIRICT COURT Yes No
SUPPORTS WHICH COUNCIL OBIECTIVE? 3. Dces this petson/firm possess a skill not normalty possessed by any cuRrnt city empbyee?
Yes No
Expiain aii yes aoswers an separah sheet and attach to grem sheet
INTLIATING PROBLEM, ISSUE, OPPORTUNITY (Who, Whay When, Where, Why):
The Maintenance Labor Agreement expired on Apri130, 2001
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" ADVANTAGES IF APPROVED: � �'°
There would be an Agreement in place through Apri130, 2004 ��� Q� 2 ���
DISADVANTAGESIFAPPROVED: - - , _, - "
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None
DLSADVAN'1'AGES IF NOT APPROVED:
No agreement in place - labor unrest.
TOTAL AMOUNT OF TRANSACCION: COST/REVENUE BUDGETED:
FUNDING SOURCE: AC'I1V1TY NUMBER:
FINANCIAL I[VFORMATION: (EXPLAIlN)
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ATTACHMENT TO 1'HE GREEN SHEET
MAINTENANCE LABOR AGREEMENT WITH
THE OPERATIVE PLASTERERS AND CEMENT MASONS
INTERNAT'IONAL ASSOCIATION LOCAL #633
Below is a summary of the changes in the Maintenance Labor Agreement between the City of
Saint Paul and the Operative Plasterers and Cement Masons International Association Local
#633.
Duration•
May 1, 2001 through Apri130, 2004.
Wages:
The City agreed to the prevailing wage rate.
Language•
Changes to the language were basically of a housekeeping nature for ciarification and clean up.
G:VSharcd�LRCOMMON�CONTRACTICEMENT\2001\gnshtattachmeritwpd
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_ MAY l, 2001 TO APRIL 30; 2004
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- MAINTENAN�E LAB�R AGREEMENT -
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` �H� GIT1' OF` SAINT PAUL.. �
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° OPERAT�VE PL�S'I'�RER� AND CE1�3ENT MASE�NS
�1�TERNATI,OI�TAL ASSOCIATION; LOCAL 633
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INDEX
�TTCLE TITLE PAGE
Preamble............................................................. ii
1 Purpose-•---� ................................................•--•--••--
2 Recognition .........••--••• ............................................I
3 Employer Rights ........................................................1
4 Union Rights ...........................................................2
5 Scope of Agreement ......................................................2
6 Probationary Periods .....................................................2
7 Hoursof Work ..........................................................3
8 Overtime ..............................................................3
9 CaIlBack/Ca11In ........................................................4
10 Work Location ..........................................................4
11 Wages .................................................................4
12 Fringe Benefits ..........................................................4
13 Holidays ...............................................................5
14 Discipiinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
15 AbsencesFrom Work ....................................................6
� Seniority ...............................................................6
17 Jurisdiction .............................................................7
18 Sepazation .............................................................7
19 Tools .................................................................7
20 Grievance Procedure .................................................... 8
21 Rightof Subcontract ....................................................10
22 Nondiscrimination ......................................................10
23 Severability ...........................................................10
24 Waiver ...............................................................10
25 City Mileage ...........................................................11
26 Duration and Pledge .....................................................12
AppendixA .......................................................... A1
AppendixB .......................................................... B1
AppendixC .......................................................... C1
AppendixD .......................................................... D1
Append'vcE .......................................................... E1
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• This Agreement is entered into between the CiTy of Saint Paul, hereinafter referred to as the Employer
and Operative Plasterers' and Cement Masons' Intemational Association of the United States and
Canada, Loca1633, hereinafter referred to as the Union.
The Employer and the Union concur that this Agreement has as its objecfive the promotion of the
responsibilities of the City of Saint Paul for the benefit of the general public through effective
labor-management cooperation.
The Employer and the Union both realize that this goal depends not only on the words in the Agreement
but rather primarily on attitudes between peopie at a11 levels of responsibility. Constructive attitudes of
� the City, the Union, and the individual employees will best serve the needs of the general public.
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ARTICLE 1- PURPOSE
l.l The Employer and the Union agree that the purpose for entering into this Agreement is to:
� 1.1(1) Achieve orderiy and peaceful relations, thereby establishing a system of uninterrupted operations
and the highest level of employee performance that is consistent with the safety and well-being
of all concemed;
1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed
upon by the Employer and the Union;
1.1(3) Establish procedures to orderly and peacefully resolve disputes as to the application or
interpretation of this Agreement without loss of productivity.
1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates
and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter
shall prevail. The parties, on written nofice, agree to negotiate that part in wnflict so that it conforms to
the statute as provided by Article 23 (SEVERABILITI�.
ARTICLE 2 - RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative for collective bazgaining purposes
for all personnel having an employment status of regular, probationary, provisional and temporary
• employed in the classes of positions defined in Appendix A as certified by the Bureau of Mediation
Services in accordance with Case No. 73-PR-525-A dated May 22, 1973.
ARTICLE 3 - EMPLOYER RIGHTS
3.1 The Employer retains the right to operate and manage ali personnel, facilities, and equipment; to
establish functions and programs; to set and amend budgets; to detemune the utilization of technology;
to establish and modify the organizational structure; to select, direct and determine the number of
personnel; and to perform any inherent manageriai function not specifically limited by this Agreement.
3.2 Any "term or condition of employment" not established by this Agreement shall remain with the
Employer to eliminate, modify, or establish following written notification to the Union.
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ARTICLE 4 - ITNION RIGHTS
�l The Union may designate one (1) employee from the bazgaining unit to act as a Stewazd and shall
inform the Employer in writing of such designation. Such employee shall have the rights and
responsibilities as designated in Article 20 (GRIEVANCE PROCEDURE).
42 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his/her
designated representative shall be permitted to enter the facilities of the Employer where employees
covered by this Agreement aze working.
ARTICLE 5- SCOPE OF THE AGREEMENT
5.1 This Agreement established the "terms and conditions of employmenY' defined by M.S. 179.63,
Subdivision 18 for all employees exclusively represented by the Union. This Agreement shall supersede
such "terms and conditions of employmenY' established by Civil Service Rule, Council Ordinance, and
Council Resolution.
ARTICLE 6 - PROBATIONARY PERIODS
6.1 All personnel, originally hired or rehired following sepazafion, in a regular employment status shall
serve a six (6) month probationary period during which time the employee's fitness and ability to
perform the position's duties and responsibilities shall be evaluated.
� 6.1(1) At any time during the probationary period an employee may be terminated at the discretion of
the Employer without appeal to the provisions of Article 20 (GRIEVANCE PROCEDIJFZE).
6.1(2) An employee terminated during the probationary period shall receive a written notice of the
reason(s) for such termination, a copy of which shall be sent to the Union.
6.2 All personnel promoted to a higher class shall serve a six (6) month promotional probationary period
during which time the employee's fitness and ability to perform the position's duties and responsibilities
shall be evaluated.
6.2(1) At any time during the promotional probationary period an employee may be demoted to the
employee's previously held class at the discretion of the Employer without appeal to the
provisions of Article 20 (GRIEVANCE PROCEDURE).
6.2(2) An employee demoted during the promotional probationary period shall be returned to the
employee's previously held class and shall receive a written notice of the reasons for demotion, a
copy of which shall be sent to the Union.
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ARTICLE 7- HOURS OF WORK
�1 The normal work day shall be eight (8) consecutive hours per day, excluding a fliirry (30) minute lunch
period between the hours of 7:00 a.m. and 5:30 p.m.
7.2 The normal work week shall be five (5) consecurive normal work days Monday through Friday.
73 If, during the term of this Agreement, it is necessary in the Employer's judgment to estabiish second and
third shifts, or a work week of other than Monday through Friday, the Union agrees to enter into
negotiafions immediately to establish the conditions of such shifts and/or work weeks.
7.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day
or per normal work week.
7.5 All employees shall be at the locafion designated by their supervisor, ready for work, at the established
starting time and shall remain at an assigned work location until the end of the established work day
unless otherwise directed by their supervisor.
7.6 All employees are subject to call back by the Employer as provided by Article 9(CALL BACK/CALL
IN).
7.7 Employees reporting for work at the established starting time and for whom no work is available shall
receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for
work prior Yo leaving home, or during the previous work c3ay.
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ARTICLE 8 - OVERTIME
8.1 All overtime compensated by the Employer must receive prior authorization from a designated
Employer supervisor. No overtime work claim will be honored for payment or credit uniess approved in
advance. An overtime claim will not be honored, even though shown on the time cazd, unless the
required advance approval has been obtained.
8.2 The overtime rate of one and one-half (1.5) the basic hourly rate sha11 be paid for work performed under
the following circumstances:
8.2(1) Time worked in excess of eight (8) hours in any one normal work day, and
8.2(2) Time worked on a sixth (6th) day following a normal work week.
83 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the
foliowing circuxnstances:
83(1) Tune worked on a holiday as defined in Article 13.6 (HOLIDAYS);
8.3(2) Time worked on a seventh (7th) day following a normal work week.
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ARTICLE 8 - OVERTIME (Continued)
�4 For the purposes of calculating overtime compensation, overtime hours worked shall not be "pyranuded"
or compounded. Empioyees shall not be paid twice for the same hours.
8.5 Overtime hours worked as provided by this Article shall be paid in cash.
ARTICLE 9- CALL BACK/CALL IN
9.1 The Employer retains the right to call in or call back employees before an employee has started a normal
work day or normal work week and after an employee has compieted a normal work day or normal work
week.
9.2 Employees called in or called back shall receive a muumum of four (4) houxs straight time pay at the
basic hourly rate or shall be compensated in accordance with Article 8(OVEItTIME), when appiicable,
whichever is greater.
9.2(1) Notwithstanding Article 9.2, employees called in four (4) hours or less prior to their normal work
day shall complete the normal work day and be compensated only for overtime hours worked in
accordance with Articie 8 (OVERTIME).
�QRTICLE 10 - WORK LOCATION
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10.1 Employees shail report to work location as assigned by a designated Employer Supervisor. During the
normal work day empioyees may be assigned to other work locations at the discretion of the Employer.
ARTICLE 11 - WAGES
11.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an
employee. No retroactive payment shall be made to any employee who has terminated his/her
empioyment prior to signing of the new Agreement.
11.2 Regular, Provisional and temporary empioyees shall be considered, for the purposes of this Agreement,
"Participating Employees" and shall be compensated in accordance with Article 1 l.l (WAGES) and
have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 12
(FRINGE BENEFITS).
ARTICLE 12 - FRINGE BENEFITS
12.1 The Employer shall, for all hours worked, make contributions on behalf of and/or make deductions from
• the wages of "participating employees" covered by this Agreement in accordance with Appendvc D.
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ARTICLE 13 - HOLIDAYS
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The following ten (10) days shall be designated as holidays:
New Yeaz's Day, January 1
Martin Luther King Day, third Monday in January
Presidents' Day, third Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, first Monday in September
Veterans' Day, November 11
Thanksgiving Day, fourth Thursday in November
Day After Thanksgiving, fourth Friday in November
Christmas Day, December 25
13.2 When New Yeaz's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday
shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the
preceding Friday shall be considered the designated holiday.
133 The ten (10) holidays shall be considered non-work days.
13.4 If, in the judgment of the Employer, personnel aze necessary for operating or emergency reasons,
employees may be scheduled or "called in or called back" in accordance with Article 9(CALL
BACK/CALL II�.
�.5 Participating Employees, as defined in Article 11.2, assigned to work on Martin Luther King Day,
Presidents' Day, Veterans' Day, or the Day After Thanksgiving, shall be compensated on a straight time
basis for hours worked.
13.6 Such Participating Empioyees assigned to work on New Yeaz's Day, Memoriai Day, Independence Day,
Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the
basic hourly rate for such hours worked.
ARTICLE 14 - DISCIPLINARY PROCEDURES
14.1
14.2
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The Employer shall have the right to impose disciplinary actions on empioyees for just cause.
Disciplinary actions by the Employer shall include oniy the following actions:
14.2(i) Oral reprimand.
14.2(2) Written reprimand.
14.2(3) Suspension.
14.2(4) Demotion.
14.2(5) Discharge.
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ARTICLE 15 - ABSENCES FROM WORK
�5.1 Employees who are unable to report for their normal work day have the responsibility to notify theu
supervisor of such absence as soon as possible, but in no event later than the beginning of such work
day.
15.2 Failure to make such notification may be grounds for discipline as provided in Article 14
(DISCIPLINARY PROCEDURES).
15.3 Failure to report for work without notification for three (3) consecutive normal work days without
notification to the Employer may be considered by the Employer to be a"quit" on the part of the
empioyee.
ARTICLE 16 - SENIORITY
16.1 Seniority, for the purposes of this Agreement, shall be defined as follows:
16.1(1) "Master Senioriry" - The length of continuous regulaz and probationary service with the
Employer from the last date of employment in any and all class titles covered by this
Agreement.
16.1(2) "Class Seniority" - The length of continuous regulaz and probationary service with the
Employer from the date an employee was first appointed to a class title covered by this
• Agreement.
16.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted
for a period of less than thiriy (30) calendar days; is granted because of illness or injury; is granted to
allow an employee to accept an appointment to the unclassified service of the Employer or to an elected
or appointed full-time position with the Union.
163 Seniority shall terminate when an employee refires, resigns, or is discharged.
16.4 In the event it is determined by the Employer that it is necessary to reduce the work force, employees
wili be laid off by class title within each department based on inverse length of "Class Seniority".
Employees laid off shall have the right to reinstatement in any previously held lower paid class title
covered by this Agreement, provided such employee has greater "Class Seniority" than the employee
being replaced.
16.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority",
subject to the approval of the Employer.
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ARTICLE 17 - JITRISDICTION
� Disputes concerning work jurisdiction between and among unions is recognized as an appropriate
subject for determination by the various unions representing employees ofthe Employer.
17.2 The Employer agrees to be guided in the assigiment of work jurisdiction by any mutual agreements
between the unions involved.
173 In the event of a dispute concerning the performance or assignment of work, the unions involved and the
Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall
restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the
dispute, or to restrict the Employer's basic right to assign work.
17.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 172 and
173 above shall be subject to disciplinary action as provided in Article 14 (DISCIPLINARY
PROCEDURES).
17.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work
assignment.
ARTICLE 18 - SEPARATION
�1 Employees having a probationary or regulaz employment status shall be considered sepazated from
employment based on the following actions:
18.1(1) Resignation. Employees resigning from employment shall give written notice fourteen
(14) calendaz days prior to the effecfive date of the resignation.
18.1(2) Discharge. As provided in Article 14.
18.1(3) Failure to Report for Duty. As provided in Article 15.
18.2 Employees having a temporary or provisional employment status may be temunated at the discretion of
the Employer before the completion of a normal work day.
ARTICLE 19 - TOOLS
19.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B.
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ARTICLE 20 - GRIEVANCE PROCEDURE
�20.1 The employer shall recognize the Stewazd selected in accordance with Union rules and regulations as the
grievance representative of the bargaining unit. The Union shall notify the Empioyer in writing of the
name of the Stewazd and of his/her successor when so detemuned.
20.2 Tt is recognized and accepted by the Employer and the Union that the processing of grievances as
hereinafter provided is limited by the job duues and responsibilities of the employees and shall therefore
be accompiished during working hours only when consistent with such employee duties and
responsibilities. The Stewazd involved and a grieving employee shall suffer no loss in pay when a
grievance is processed during working hours, provided the Stewazd and the employee have notified and
received the approval of their supervisor to be absent to process a grievance, and that such absence
would not be detrimental to the work programs of the Employer.
203 The procedure established by this Article shall be the sole and exciusive procedure for the processing of
grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. It is
understood that issues not related to terms and conditions of employment (for example: topics listed in
Civil Service Rule 26III A, B, C- performance reviews, examinations and classification) shall continue
to be processed in accordance with the grievance procedure outlined in the Civil Service Rules.
20.4 Grievances shall be resolved in conformance with the following procedure:
Step 1: Upon the occurrence of an alleged violation of this Agreement, the employee involved shall
attempt to resolve the matter on an informal basis with the 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 facts on which it is based, the alleged section(s) of the
Agreement violated, and the relief requested. Any alleged violation of the Agreement not
reduced to writing by the Union and submitted to the Employer within seven (7) calendar days
of the first occurrence of the event giving rise to the grievance, shall be considered waived.
The first occurrence shall be either the actual date of the occurrence or the date by which,
through the exercise of reasonable diligence, the Union should have known of the alleged
violation.
Step 2: Within seven (7) calendar days after receiving the written grievance, a designated Employer
Supervisor shall meet with the Union Stewazd and attempt to resolve the grievance. If, as a
result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to
the Union within three (3) calendaz days following this meeting. The Union may refer the
grievance in writing to Step 3 within seven (7) calendar days foIlowing receipt of the
Employer's written answer. Any grievance not referred in writing by the Union within seven
(7) calendaz days following receipt of the Employer's answer shall be considered waived.
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ARTICLE 20 - GRIEVANCE PROCEDURE (Continued)
Step 3: Within seven (7) calendaz days foilowing receipt of a grievance refened from Step 2, a
� designated Employer supervisor shali meet with the Union Business Manager or his
designated representative and attempt to resolve the grievance. Within seven (7) calendar days
following this meeting, the Employer shall reply in writing to the Union stating the Employer's
answer concerning the grievance. If as a result of the written response the grievance remains
unresolved, the Union may refer the grievance to Step 4. Any grievance not reduced to
writing by the Union and submitted to the Employer within seven (7) calendar days following
receipt of the Employer's answer shall be waived.
Step 4: If after seven (7) calendar days following the response of the Employer in Step 3 the grievance
remains unresolved, the Union, through written notice to the Employer, may request
azbitration of the grievance. The azbitration proceedings shall be conducted by an arbitrator to
be selected by mutual agreement of the Employer and the Union within seven (7) calendaz
days after notice has been given. If the parties fail to mutually agree upon an azbitrator within
the said seven (7) day period, either party may request the Bureau of Mediation Services to
submit a panel of five (5) azbitrators. Both the Employer and the Union shall have the right to
strike two (2) names from the panel. The Union shall strike the first (lst) name; the Employer
shall then strike one (1) name. The process will be repeated and the remaining person shali be
the azbiirator.
20.5 The azbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the
provisions of this Agreement. The azbitrator shall consider and decide only the specific issue submitted
� in writing by the Employer and the Unlon, 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 and effect of law. The azbitrator's decision shall be submitted in writing within thirty (30) 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 azbitrator'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 Employer, the Union and the employees.
20.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the
Empioyer and the Union, provided that each party shall be responsible for compensating its own
representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause
such a record to be made, providing it pays for the record.
20.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer
and the Union.
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ARTICLE 21 - RIGHT OF SUBCONTRACT
� 1 The Employer may, at any time during the duration of this Agreement, contract out work done by the
employees covered by ttus Agreement. In the event that such contracting would result in a reduction of
the work force covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day
notice of the intenrion to subcontract.
21.2 The subcontracting of work done by the employees covered by this Agreement shali in all cases be made
only to empioyers who qualify in accordance with Ordinance No. 14013.
ARTICLE 22 - NONDISCRIMINATION
22.1 The terms and 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, disability, or because
of inembership or non-membership in the IJNION.
22.2 Employees will perform their duties and responsibilities in a nondiscruninatory manner as such duties
and responsibilities involve other employees and the general public.
ARTICLE 23 - SEVERABILITY
�1 In the event that any provision(s) of this Agreement is deciazed to be contrary to law by proper
legislative, administrative, or judicial authority from whose fmding, determination, or decree no appeal
is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect.
23.2 The parties agree to, upon written notice, enter into negotiations to piace the voided provisions of the
Agreement in compliance with the legislative, administrative, or judicial deternunation.
ARTICLE 24 - WAIVER
24.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this
Agreement, each had the right and opportunity to make proposals with respect to any subject conceming
the terms and conditions of employment. The agreements and understandings reached by the parties
after the exercise of this right aze fully and completely set forth in this Agreement.
24.2 The Employer and the Union agree, for the duration of this Agreement, that the other party shall not be
obligated to meet and negotiate over any term or conditions of employment whether specifically covered
or not specifically covered by tlus Agreement. The Union and EmployeT may, however, mutually agree
to modify any provision of this Agreement.
243 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations
regazding the terms and conditions of employment, to the ea�tent they aze inconsistent with this
� Agreement, aze hereby superseded.
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ARTICLE 25 - CITY MILEAGE
�.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative
Code, as amended, pertain'vng to reimbursement of City officers and employees for the use of their own
automobiles in the performance of their duties, the following provisions aze adopted.
25.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must
receive written authorization from the Department Head.
Type 1:
If an empioyee is required to use his/her own automobile OCCASIONALLY during employment, the
employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually
used in perfomung the duties of the employee's position. In addition, the employee shall be reimbursed
$.20 per mile for each mile actually driven.
If such employee is required to drive an automobile during employment and the department head or
designated zepresentative determines that an employer vehicle is available for the employee's use but the
employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of
$.20 per mile driven and shall not be eligible for any per diem.
Type 2:
If an employee is required to use his/her own automobile REGLJLARLY during employxnent, the
employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the
employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required
� to drive an automobile during employment and the department head or designated representative
determines that an employer vehicle is available for the employee's use but the employee desires to use
his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and
shall not be eligible for any per diem.
This Article 25.2 shall become effective on the first day of the fust month following the date of the
signing of this Agreement.
25.3 The City will provide pazking at the Civic Center Parking Ramp for City employees on either of the
above mentioned types of reimbursement plans who aze required to have their personal caz available for
City business. Such pazking will be provided only for the days the employee is required to have his or
her own personal caz available.
25.4 Rules and Regulafions: The Mayor shall adopt rules and regulations goveming the procedures for
automobile reirnbursement. Such regulations and rules shall contain the requirement that recipients shall
file daily reports indicating miles driven and shall file monthly �davits stating the number of days
worked and the number of miles driven, and further require that they maintain automobile liability
insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for property
damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of
Saint Paul named as an additional insured. These rules and regulations, together with the amendment
thereto, shall be maintained on file with the City Clerk.
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ARTICLE 26 - DURATION AND PLEDGE
i This Agreement shall become effective as of the date of signing, except as specificaliy provided
otherwise in Articles 11 and 12, and shail remain in effect through the 30th day of April, 2004 and
continue in effect from yeaz to yeaz thereafter unless notice to change or to terminate is given in the
manner provided in 26.2.
26.2 If either pariy desires to terminate or modify this Agreement, the party wishing to modify or temunate
the Agreement shall give written notice to the other party, not more than ninety (90) or less than sixty
(60) calendaz days prior to the expiration date, provided that the Agreement may only be so terminated
or modified effective as of the expiration date.
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ARTICLE 26 - DURATION AND PLEDGE (Continued)
3 In consideration of the terms and conditions of employment established by this Agreement and the
recognition that the Crrievance Procedure herein established is the means by which grievances
concerniug its application or interpretation may be peacefuliy resolved, the parties hereby pledge that
during the term of the Agreement:
263(1) The Union and the employees will not engage in, instigate, or condone any concerted action in
which employees fail to report for duty, willfully absent themselves from work, stop work,
slaw down their work, or absent themselves in whole or part from the full, faithfid
performance of their dufies of employment.
263(2) The Employer will not engage in, instigate, or condone any lock-out of employees.
263(3) This constitutes a tentative agreement between the parties which will be recommended by the
Dizector of Labor Relations, but is subject to the approval of the Administration of the City
and the City Council and is also subject to ratification by the Union.
Agreed to and attested to as the full and complete understanding of the parties for the period of rime
herein specified by the signature of the following representatives for the Employer and the Union.
WITNESSES:
.
CITY OF SAINT PAUL
��
ason Sc 'dt
Labor Relations Specialist
�
Kathenne L. Meg
D'uector of Labor
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Data
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OPERATIVE PLASTERERS AND
CEMENT MASONS INTERNATIONAL
ASSOCIATION, LOCAL 633
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L Bennett
Business Representative
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Date
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APPENDIX A
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The classes of positions recoa i�.ed by the Empioyer as being exclusively represented by the Union aze as
follows:
Cement Finisher
Apprentice
Building Inspector-Cement Finisher
and other classes of positions that may be established by the Employer where the duties and responsibilities
assigned and aze determined by the Bureau of Mediation Service to appropriately represented by this
bargaining unit.
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All necessary hand tools.
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APPENDIX C
� The basic hourly wage rate for temporary employees appointed to the following classes of positions shail be:
Effective
5/5/O1
Cement Finisher
$26.19*
Effective Effective
5/1/2002 5/1/2003
(Or closest payperiod)
** a*s
2. The basic hourly wage rate for provisional, regular and probationary employees appointed to the following
classes of positions shall be:
Effective
5/5/Oi
Cement Finisher
$24.90*
Effective Effective
5/2002 5/2003
(Or closest payperiod)
** *+*
* Tlus rate includes the taxable Savings Plan deduction of $3.45.
` The basic houriy wage rate for temporary employees whose length of service and earnings require that they
be subject to Public Employees Retirement Association conuibutions shall be the rate shown in this
Appendix "C" for such employees in such classes divided by 1.0518.
The State of Minnesota has passed legislation to change the Public Employees Retirement Association
(PERA) contribution rates for employers and employees. When the rates change, the rates listed above will
change accordingly.
** Effective 5/1/2002 (or closest payperiod) an additional $$1.85 per hour shall be added to the total
package. The parties wili agree prior to that date as to the distribution of the increase between the wages
and fringes
*** Effective 5/1/2003 (or closest payperiod) an additional $$1.80 per hour shall be added to the total
package. The parties will agree prior to that date as to the distribution of the increase beriveen the wages
and fringes
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APPENDIX D
�f'ective May 5, 2001 the Employer shall:
(1) contribute to a Heaith and Welfare Fund $2.86 per hour for ail hours worked by participating employees.
(2) contribute to Part A of the Pension Fund $5.45 per hour for all hours worked by participating employees.
(3) deduct for a Savings Plan $3.45 per hour from which payroll deductions have been made for all hours
worked by participating employees covered by this Agreement.
(4) contribute to an Apprenficeship Fund $030 per hour for all hours worked by participating employees.
The above contributions may be increased or decreased as long as the applicable hourly rates in Appendix C for
employees aze decreased or increased by the same total amount.
All contributions made in accordance with this Appendix D shail be forwarded to depositories as directed by the
Union.
The Employer shall establish Workez's Compensation and Unempioyment Compensation programs as required
by Minnesota Statutes.
Participating employees covered by this Agreement, shall not be eligibie for, governed by, or accumulate
� ca6on, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that aze or may be established
y Civil Service Rules, Council Ordinance or Council Resolutions.
The Employer's fringe benefit obligation is limited to the contributions andlor 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 forwazded contributions and/or deductions.
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HPPENDIX E
� l�l�iORANDUiI�i OF AGREEI��IT BETWEEN
'I'HE C1TY OF SAL`IT PAUL
Ai'lD
'I'HE OPER�TT��E PLASTERERS Al�� CE�N'T YIA,SONS INTERN�TIONAi.
A.SSOCIATION, LOCAI. 633
This A�eemeat is entere3 into by and be:weea the Ciry of Saint Paul (City) and the Ope:arive
Plaszere:s and Cemeat Masons Intemational Assoc:auon, Loca1633 (tJnion) who represeats ce:tain
employees at the Saint Paui Regionai Water Utiliry for the purpose of providin; a uniiorm allowance
for those employees.
The City and Unions aaree that the Ciry wili provide each fu1l=�ime employee working at the Water
litiliry in the title oi Cement Finisher who is reauired to wear a specified uniform with an annual
uniior.n allowance oi � 125. Employees must present receipts to the Water Utility to be reimbursed.
EmpIoyess will be reauired to wear the uniform while on duty and will be responsibie for the caze
and upke°p of their uniiorras.
�� ,
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� � �Y �e�� � L Bennett
Ciry oi St. Paul La, or elations Director Business Representative
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: MAY l, 2401-TO A�I2IL.34, 2004 .:<
MAIN'�ENtA�CE LABOR AGREEN�ENT
- bet�veen = :
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TI3E CITY OF SAINT FAUL
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,
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OPERA'F�VE PLA�T�RE�S AND GEM�NT"MASONS
` . .IN'TERNATIONAL: ASSO��AT'IO1�; I�OC�L 633 �
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�TICLE TITLE
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Preamble ............................................................. ii
1 Purpose ................................................................1
2 Recognition ............................................................1
3 Empioyer Rights ........................................................1
4 Union Rights ...........................................................2
5 Scope ofAgreement ......................................................2
6 Probationary Periods .....................................................2
7 Howsof Work ..........................................................3
8 Overtime ..............................................................3
9 Ca1lBack/Ca11In ........................................................4
10 Work Location ..........................................................4
11
12
13
14
15
�
17
18
19
20
Wages .................................................................4
Fringe Benefits ..........................................................4
Holidays ...............................................................5
Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
AbsencesFrom Work ....................................................6
Seniority ......................,........................................6
Jurisdiction .............................................................7
Separation .............................................................7
Tools .................................................................7
Grievance Procedure .................................................... 8
21 Rightof Subcontract ....................................................10
22 Nondiscrimination ......................................................10
23 Severability ...........................................................10
24 Waiver ...............................................................10
25 City Mileage ...........................................................11
26 Duration and Piedge .....................................................12
Appendix .......................................................... A1
Appendix .......................................................... B1
Appendix .......................................................... C1
AppendiY .......................................................... D1
Appendix .......................................................... E1
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. This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer
and Operative Piasterers' and Cement Masons' Intemational Association of the United States and
Canada, Local 633, hereinafter referred to as the Union.
The Employer and the Union concur that this Agreement has as its objective the promotion of the
responsibilities of the City of Saint Paul for the benefit of the general public through effective
labor-management cooperation.
The Employer and the Union both realize that this goal depends not only on the words in the Agreement
but rather primarily on attitudes between people at all levels of responsibility. Constnxctive attitudes of
� the City, the Union, and the individual employees will best serve the needs of the generai public.
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ARTICLE 1- PiJRPOSE
1.1 The Employer and the Union agree that the purpose for entering into this Agteement is to:
� 11(1) Achieve orderly and peacefui relations, thereby establishiug a system of uninterrupted operations
and the highest level of employee performance that is consistent with the safety and well-being
of ali concemed;
1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed
upon by the Employer and the Union;
1.1(3) Establish procedwes to orderly and peacefully resolve disputes as to the application or
interpretation of this Agreement without loss of productivity.
1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates
and directs the Employer. If any part of this Agreement 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 23 (SEVERABILITI�.
ARTICLE 2 - RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes
for all personnel having an employment status of regulaz, probationary, provisional and temporary
� employed in the classes of positions defined in Appendix A as certified by the Bureau of Mediation
Services in accordance with Case No. 73-PR-525-A dated May 22, 1973.
ARTICLE 3 - EMPLOYER RIGI3TS
3.1 The Employer retains the right to operate and manage a11 personnel, facilities, and equipment; to
establish fixnctions and programs; to set and amend budgets; to determine the utilization of technology;
to establish and modify the organizational structure; to select, direct and determine the number of
personnel; and to perform any inherent managerial function not specifically limited by this Agreement.
3.2 Any "term or condition of employment" not established by this Agreement shall remain with the
Employer to eliminate, modify, or establish following written nofification to the Union.
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ARTICLE 4 - ITNION RIGHTS
� The Union may designate one (1) employee from the bazgaining unit to act as a Stewazd and shall
inform the Employer in writing of such designation. Such employee shall have the rights and
responsibilities as designated in Article 20 (GRLEVANCE PROCEDURE).
4.2 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his/her
designated representative shatl be permitted to enter the facilities of the Employer where employees
covered by this Agreement aze working.
ARTICLE 5- SCOPE OF THE AGREEMENT
5.1 This Agreement estabiished the "terms and conditions of employment" defined by M.S. 179.63,
Subdivision 18 for all employees exclusively represented by the Union. This Agreement shall supersede
such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and
Council Resolution.
ARTICLE 6 - PROBATIONARY PERIODS
6.1 All personnel, originally hired or rehired following sepazation, in a regulaz employment status shall
serve a six (6) month probationary period during which time the employee's fitness and ability to
perform the position's duties and responsibilities shall be evaluated.
� 6.1(1) At any time during the probationary period an employee may be terminated at the discretion of
the Employer without appeal to the provisions of Article 20 (GRIEVANCE PROCEDURE).
6.1(2) An employee terminated during the probationary period shall receive a written notice of the
reason(s) for such termination, a copy of which shall be sent to the Union.
6.2 All personnel promoted to a higher class shall serve a six (6) month promotional probationary period
during which time the employee's fitness and ability to perform the position's duties and responsibilities
shall be evaluated.
6.2(1) At any time during the promotional probationary period an employee may be demoted to the
employee's previously held class at the discretion of the Employer without appeal to the
provisions of Article 20 (GRIEVANCE PROCEDURE).
6.2(2) An empioyee demoted during the promotional probationary period shall be returned to the
employee's previously held ciass and shall receive a written notice of the reasons for demotion, a
copy of which shall be sent to the Union.
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ARTICLE 7- HOURS OF WORK
� The normal work day shall be eight (8) consecutive hours per day, exciuding a thirty (30) minute lunch
period between the hours of 7:00 am. and 530 p.m.
7.2 The normai work week shall be five (5) consecutive normal work days Monday through Friday.
73 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and
third shifts, or a work week of other than Monday through Friday, the Union agrees to enter into
negotiations immediately to establish the conditions of such siufts and/or work weeks.
7.4 This secrion shall not be construed as, and is not a guarantee of, any hours of work per normal work day
or per normal work week.
7.5 Ali employees shall be at the location designated by their supervisor, ready for work, at the established
starting time and shail remain at an assigned work location until the end of the established work day
unless otherwise directed by theu supervisor.
7.6 All employees are subject to call back by the Employer as provided by Article 9(CALL BACK/CALL
IN).
7.7 Employees reporting for work at the established starting time and for whom no work is available shall
receive pay for two (2) hours, at the basic hourly rate, unless nofification has been given not to report for
work prior to leaving home, or during the previous work day.
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ARTICLE 8 - OVERTIME
8.1 All overtime compensated by the Employer must receive prior authorization from a designated
Employer supervisor. No overtnne work claim will be honored for payment or credit unless approved in
advance. An overtime claim wili not be honored, even though shown on the time card, unless the
required advance approval has been obtained.
8.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under
the following circumstances:
8.2(1) Time worked in excess of eight (8) hours in any one normal work day, and
8.2(2) Tizne worked on a sixth (6th) day following a normal work week.
8.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the
foliowing circumstances:
83(1) Time worked on a holiday as defined in Article 13.6 (HOLIDAYS);
83(2) Time worked on a seventh (7th) day following a normat work week.
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ARTICLE 8 - OVERTIME (Continued)
� For the purposes of calculating overtune compensation, overtime hours worked shall not be "pyramided"
or compounded. Employees shall not be paid iwice for the same hours.
8.5 Overtime hours worked as provided by this Article shall be paid in cash.
ARTICLE 9- CALL BACK/CALL IN
9.1 The Employer retains the right to call in or call back employees before an employee has started a normal
work day or normal work week and after au employee has completed a normal work day or normal work
week.
9.2 Employees called in or called back shall receive a min;mum of four (4) hours straight time pay at the
basic hourly rate or shall be compensated in accordance with Article 8(OVERTIME), when applicable,
whichever is greater.
9.2(1) Notwithstanding Article 9.2, employees called in four (4) hours or less prior to their normal work
day shall complete the normal work day and be compensated only for overtime hours worked in
accordance with Article 8 (OVERTIME).
�TICLE 10 - WORK LOCATION
10.1 Employees shall report to work location as assigned by a designated Employer Supervisor. During the
normal work day employees may be assigned to other work locations at the discrefion of the Employer.
ARTICLE 11- WAGES
11.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an
empioyee. No retroactive payment shall be made to any employee who has terminated his/her
employment prior to sigung of the new Agreement.
11.2 Regulaz, Provisional and temporary employees shall be considered, for the purposes of this Agreement,
"Participating Employees" and shail be compensated in accordance with Article 1 l.l (WAGES) and
have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 12
(FRINGE BENEFITS).
ARTICLE 12 - FRINGE BENEFITS
12.1 The Employer shall, for a11 hours worked, make contributions on behalf of and/or make deductions from
� the wages of "participating empioyees" covered by this Agreement in accordance with Appendix D.
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ARTICLE 13 - HOLIDAYS
13.1
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The following ten (10) days shall be designated as holidays:
New Yeaz's Day, January 1
Martin Luther King Day, third Monday in January
Presidents' Day, third Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, first Monday in September
Veterans' Day, November 11
Thanksgiving Day, fourth Thursday in November
Day After Thanksgiving, fourth Friday in November
Christmas Day, December 25
13.2 When New Yeaz's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday
shall be considered the designated holiday. When any of these three (3) holidays fails on a Saturday, the
preceding Friday shall be considered the designated holiday.
133 The ten (10) holidays shall be considered non-work days.
13.4 If, in the judgment of the Employer, personnel aze necessary for operating or emergency reasons,
employees may be scheduled or "called in or called back" in accordance with Article 9(CALL
BACK/CALL IN).
�.5 Participating Employees, as defined in Article 11.2, assigned to work on Martin Luther King Day,
Presidents' Day, Veterans' Day, or the Day After Thanksgiving, shall be compensated on a straight time
basis for hours worked.
13.6 Such Participating Employees assigned to work on New Yeaz's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the
basic hourly rate for such hours worked.
ARTICLE 14 - DISCIPLINARY PROCEDURES
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The Empioyer shall have the right to impose disciplinary actions on empioyees for just cause.
Disciplinary actions by the Employer shall inciude only the following actions:
14.2(1) Oral reprimand.
14.2(2) Written reprimaud.
14.2(3) Suspension.
14.2(4) Demotion.
14.2(5) Dischazge.
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ARTICLE 15 - ABSENCES FROM WORK
� 1 Employees who are unable to report for their normal work day have the responsibility to notify their
supervisor of such absence as soon as possible, but in no event later than the beginning of such work
day.
152 Failure to make such notification may be grounds for discipline as provided in Article 14
(DISCIPLINARY PROCEDURES).
153 Failure to report for work without notification for three (3) consecurive normal work days without
notification to the Employer may be considered by the Employer to be a"quiY' on the part of the
employee.
ARTICLE 16 - SENIORITY
16.1 Seniority, for the purposes of this Agreement, shall be defined as follows:
161(1) "Master Seniority" - The length of continuous regulaz and probationary service with the
Employer from the last date of employment in any and all class titles covered by this
Agreement.
16.1(2) "Class Seniority" - The length of continuous regulaz and probationary service with the
Employer from the date an employee was first appointed to a class title covered by this
� Agreement.
16.2 Seniority shall not 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 appointment to the unclassified service of the Employer or to an elected
or appointed full-time position with the Union.
163 Seniority shall terminate when an employee rerires, resigns, or is dischazged.
16.4 In the event it is determined by the Employer that it is necessazy to reduce the work force, employees
will be laid off by class tiUe within each department based on inverse length of "Class Seniority".
Employees laid off shall have the right to reinstatement in any previously held lower paid class title
covered by this Agreement, provided such employee has greater "Class Seniority" than the employee
being replaced.
16.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority",
subj ect to the approval of the Empioyer.
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ARTICLE 17 - JURISDICTION
�1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate
subject for deterniination by the various unions representing employees of the Employer.
17.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements
between the unions involved.
173 In the event of a dispute conceming the performance or assignment of work, the unions involved and the
Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall
restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the
dispute, or to restrict the Employer's basic right to assign work.
17.4 Any employee refusing to perform work assigned by the Employer and as ciarified by Sectioivs 17.2 and
173 above shall be subject to disciplinary action as provided in Article 14 (DISCIPLINARY
PROCEDURES).
17.5 There shall be no work stoppage, slow down, or any disnxption of work resulting from a work
assignment.
ARTICLE 18 - SEPARATION
�l Employees having a probationary or regulaz employment status shatl be considered separated from
employment based on the following actions:
18.1(1) Resignation. Employees resigning from employment shali give written notice fourteen
(14) calendaz days prior to the effective date of the resignation.
18.1(2) Discharge. As provided in Articie 14.
18.1(3) Failure to Report for Duty. As provided in Article 15.
18.2 Employees having a temporary or provisional employment status may be terminated at the discretion of
the Employer before the completion of a normal work day.
ARTICLE 19 - TOOLS
19.1 All empioyees shall personally provide themselves with the tools of the trade as listed in Appendix B.
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ARTICLE 20 - GRIEVANCE PROCEDURE
20.1 The employer shall recognize the Stewazd selected in accordance with Union rules and regulations as the
• grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the
name of the Stewazd and of his/her successor when so detennined.
20.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as
hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore
be accomplished during working hours only when consistent with such employee duties and
responsibilities. The Stewazd involved and a grieving employee shall suffer no loss in pay when a
grievance is processed during working hours, provided the Stewazd and the employee have notified and
received the approval of their supervisor to be absent to process a grievance, and that such absence
would not be detrimentai to the work programs of the Employer.
203 The procedure established by this Article shall be the sole and exclusive procedure for the processing of
grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. It is
understood that issues not related to terms and conditions of empioyment (for example: topics listed in
Civil Service Rule 26III A, B, C- performance reviews, examinations and classification) shall continue
to be processed in accordance with the grievance procedure outlined in the Civil Service Rules.
20.4 Grievances shail be resolved in conformance with the following procedure:
Step 1: Upon the occurrence of an aileged violation of this Agreement, the employee involved shall
attempt to resolve the matter on an informal basis with the 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 facts on which it is based, the alleged section(s) of the
Agreement violated, and the relief requested. Any alleged violation of the Agreement not
reduced to writing by the Union and submitted to the Employer within seven (7) calendaz days
of the first occurrence of the event giving rise to the grievance, shall be considered waived.
The first occurrence shall be either the actual date of the occurrence or the date by which,
through the exercise of reasonable diligence, the Union should have known of the alleged
violation.
Step 2: Within seven (7) calendar days after receiving the written grievance, a desi�ated Employer
Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a
result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to
the Union within three (3) calendaz days following this meeting. The Union may refer the
grievance in writing to Step 3 within seven (7) calendar days following receipt of the
Employer's written answer. Any grievance not referred in writing by the Union wittun seven
(7) calendaz days following receipt of the Employer's answer shall be considered waived.
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ARTICLE 20 - 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 Union Business Manager or his
desi�ated representative and attempt to resolve the grievance. Within seven (7) calendaz days
following this meeting, the Employer shall reply in writing to the Union stating the Employer's
answer concerning the grievance. If as a result of the written response the grievance remains
unresolved, the Union may refer the grievance to Step 4. Any grievance not reduced to
writing by the Union and submitted to the Employer within seven (7) calendar days following
receipt of the Employer's answer shall be waived.
Step 4: If after seven (7) calendaz days following the response of the Employer in Step 3 the grievance
remains unresolved, the Union, through written notice to the Employer, may request
azbitration of the grievance. The arbitration proceedings shall be conducted by an azbitrator to
be selected by mutual agreement of the Employer and the Union 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 parry may request the Bureau of Mediarion Services to
submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to
strike two (2) names from the paneL The Union shall strike the first (lst) name; the Employer
shall then strike one (1) name. The process will be repeated and the remaining person shall be
the arbitrator.
20.5
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The azbitrator shall have no right to amend, modify, 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 Employer and the Union, 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 appiicarion of laws, rules or regulations having
the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) 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 azbitrator'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 Employer, the Union and the employees.
20.6 The fees and expenses for the azbitrator's services and proceedings shall be bome equally by the
Employer and the Union, provided that each party shall be responsible for compensating its own
representative and witnesses. If either party desires a verbafim record of the proceedings, it may cause
such a record to be made, providing it pays for the record.
20.7 The tune limits in each step of this procedure may be extended by mutual agreement of the Employer
and the Union.
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ARTICLE 21- RIGHT OF SUBCONTRACT
.211 The Employer may, at any time during the duration of this Agreement, contract out work done by the
employees covered by this Agreement. In the event that such contracting would result in a reduction of
the work force covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day
notice of the intenrion to subcontract.
21.2 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made
only to employers who qualify in accordance with Ordinance No. 14013.
ARTICLE 22 - NONDISCRIMINATION
22.1 The terms and conditions of this Agreement will be applied to employees equally without regazd to, or
discrimination for or against, any individual because of race, color, creed, sex, age, disability, or because
of inembership or non-membership in the iJNION.
22.2 Employees wili perform their duties and responsibilities in a nondiscriminatory manner as such duties
and responsibilities invoive other employees and the general public.
ARTICLE 23 - SEVERABILITY
�.1 In the event that any provision(s) of this Agreement is declazed to be contrary to law by proper
legislative, administrative, or judicial authority from whose finding, determination, or decree no appeal
is taken, such provision(s) sha11 be voided. All other provisions shall continue in fizll force and effect.
23.2 The parties agree to, upon written nofice, enter into negotiations to place the voided provisions of the
Agreement in compliance with the legislative, administrative, or judicial determination.
ARTICLE 24 - WAIVER
24.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this
Agreement, each had the right and opportunity to make proposals with respect to any subject conceming
the terms and conditions of employment. The agreements and understandings reached by the parties
after the exercise of this right are fully and completely set forth in this Agreement.
24.2 The Employer and the Union agree, for the duration of this Agreement, that the other parry 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 Union and Employer may, however, mutually agree
to modify any provision of this Agreement.
243 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations
regarding the terms and conditions of employment, to the ea�tent they aze inconsistent with this
� Agreement, aze hereby superseded.
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ARTICLE 25 - CITY MILEAGE
� Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative
Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own
automobiles in the performance of their duties, the following provisions aze adopted.
252 Method of Computarion: To be eligible for such reimbursement, all officers and employees must
receive written authorization from the Departrnent Head.
Type 1:
If an employee is required to use his/her own automobile OCCASIONALLY during employment, the
employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually
used in performing the duties of the employee's position. In addition, the employee shall be reunbursed
$.20 per mile for each mile actually driven.
If such employee is required to drive an automobile during employment and the department head or
designated representative determines that an employer vehicle is available for the employee's use but the
employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of
$.20 per mile driven and shali not be eligible for any per diem.
Type 2:
If an employee is required to use his/her own automobile REGULARI,Y during employment, the
employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the
employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required
• to drive an automobile during employment and the department head or designated representative
determines that an employer vehicle is available for the employee's use but the employee desires to use
his/her own automobile, then the employee shatl be reimbursed at the rate of $.20 per mile driven and
shall not be eligible for any per diem.
This Article 25.2 shall become effective on the first day of the first month following the date of the
signing of this Agreement.
25.3 The City will provide parking at the Civic Center Pazking Ramp for City empioyees on either of the
above mentioned types of reimbursement plans who aze required to have their personal caz available for
City business. Such parking will be provided only for the days the employee is required to have his or
her own personal caz available.
25.4 Rules and Regulations: The Mayor shali adopt rules and regulations governing the procedures for
automobile reimbursement. Such regulations and rules shall contain the requirement that recipients shall
file daily reports indicating miles driven and shall file monthly affidavits stating the number of da.ys
worked and the nuxnber of miles driven, and fiirther require that they maintain automobile liability
insurance in amounts of not less than $100,000/$300,000 far personal injury, and $25,000 for property
damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of
Saint Paul named as an additional insured. These rules and regulations, together with the amendment
thereto, shall be maintained on file with the City Clerk.
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ARTICLE 26 - DURATION AND PLEDGE
4 �
�.1 This Agreement shall become effective as of the date of signing, except as specifically provided
otherwise in Articies 11 and 12, and shall remain in effect through the 30th day of April, 2004 and
continue in effect from year to year thereafter uuless notice to change or to terminate is given in the
manner provided in 26.2.
26.2 If either pariy desires to terminate or modify this Agreement, the pariy wishing to modify or temunate
the Agreement shall give written notice to the other party, not more than ninety (90) or less than sixty
(60) calendar days prior to the expiration date, provided that the Agreement may only be so terminated
or modified effective as of the expiration date.
.
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ARTICLE 26 - DURATION AND PLEDGE (Continued)
3 In consideration of the terms and conditions of employxnent established by this Agreement and the
recognition that the Crrievance Procedure herein established is the means by which grievances
concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that
during the term of the Agreement:
263(1) The Union and the employees will not engage in, insfigate, or condone any concerted action in
which employees fail to report for duty, willfully absent themselves from work, stop work,
siow down their work, or absent themselves in whole or part from the full, faithfixl
performance of their dufies of employment.
263(2) The Employer will not engage in, instigate, or condone any lock-out of employees.
26.3(3) This constitutes a tentative agreement between the parties which will be recommended by the
Director of Labor Relations, but is subject to the approval of the Administration of the City
and the City Council and is also subject to ratification by the Union.
Agreed to and attested to as the full and complete understanding of the parties for the period of time
herein specified by the signature of the following representatives for the Employer and the Union.
WITNESSES:
�
CITY OF SA1NT PAUL
y� ��%'t�
ason Sc ' t
Labor Relations Specialist
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.
OPERATIVE PLASTERERS AND
CEMENT MASONS INTERNATIONAL
ASSOCIATION, LOCAL 633
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Larry Bennett
Business Representative
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Date
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Director of Labor Relations
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APPENDIX A
�
The classes of positions recognized by the Empioyer as being exclusively represented by the Union are as
follows:
Cement Finisher
Apprentice
Building Inspector-Cement Finisher
and other classes of positions that may be established by the Employer where the duties and responsibilities
assigned and aze determiued by the Bureau of Mediation Service to appropriately represented by this
bargaining unit.
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APPENDIX B
• All necessary hand tools.
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APPENDIX C
. Tiie basic houriy wage rate for temporary employees appointed to the foilowing ciasses of positions shall be:
Effective
5/5/O1
Cement Finisher
$26.19*
Effective Effective
5/1/2002 5/1/2003
(Or closest payperiod)
s* ***
2. The basic hourly wage rate for provisional, regulaz and probationary employees appointed to the following
classes of positions shall be:
Effective
5/5/01
Cement Finisher
$24.90*
Effective Effective
5/2002 5/2003
(Or ciosest payperiod)
** *+*
* This rate includes the taxable Savings Plan deduction of $3.45.
� The basic hourly wage rate for temporary employees whose length of service and earnings require that they
be subject to Public Employees Retirement Association contributions shall be the rate shown in this
Appendix "C" for such employees in such classes divided by 1.0518.
The State of Minnesota has passed legislation to change the Public Employees Retirement Association
(PERA) contribution rates for employers and employees. When the rates change, the rates listed above will
change accordingly.
** Effective 5/1/2002 (or closest payperiod) an additional $$1.85 per hour shail be added to the total
package. The parties will agree prior to that date as to the distribution of the increase betuveen the wages
and fringes
*** Effective 5/1/2003 (or closest payperiod) an additionai $$1.80 per hour shall be added to the total
package. The parties will agree prior to that date as to the distrihution of the increase between the wages
and fringes
.
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APPENDIX D
�ective May 5, 20Q1 the Employer shall:
(1) contribute to a Aealth and Welfare Fund $2.86 per hour for all hours worked by participating emgioyees.
(2) conhibute to Part A of the Pension Fund $5.45 per hour for all hours worked by participating employees_
(3) deduct for a Savings Plan $3.45 per hour from which payroll deductions have been made for all hours
worked by participating empioyees covered by this Agreement.
(4) contribute to an Apprenriceship Fund $030 per hour for a11 hours worked by participating employees.
The above contributions may be increased or decreased as long as the appiicable hourly rates in AppendiY C for
employees ate decreased or increased by the same total amount.
A11 contributions made in accordance witti this Appendix D shall be forwazded to depositories as directed by the
Union.
The Employer shall establish Worker's Compensation and Unemployment Compensation programs as required
by Minnesota Statutes.
Participating employees covered by this Agreement, shall not be eligibie for, governed by, or accumulate
� ation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that aze or may be established
Civil Service Rules, Council Ordinance or Council Resolutions.
The Employer's fringe benefit obligation is limited to the contributions and/or deductions established by this
Agreement. The actual level of benefits provided to employees shatl be the responsibility of the Trustees of the
various funds to which the Employer has forwazded contributions and/or deductions.
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HPPENDIX E
. l��iORA:r�DU�i OF AGREE.I4E:VT BET'WEEN
THE CITY OF SALV'T PAUL
���
THE OPER�TIVE PLASTERERS Ai'iD CE:1��1T I�SONS Pi t'TERIVATIONAI.
, �SSOCL�,'ITON, LOC?.L 633
This AV*ee°.ment is eatered into by and be:ween the Ciry of Saint Paul (City) and the Ope:arive
Plastere:s and CemeatMasons International?ssoc:ation, Local633 (Union) who represeau ce:tain
employees at the Saint Paui Regional Water Utiliry for the purpose of providing a unifor� allowance
for those employees.
The Ciry and Unions agree that the City will provide each full-time employe� workinQ at rhe Wacer
Utility in the title of Cemeat Finisher who is reauired to wear a specined uniform with an annual
uniiorm ailowance of � 125. Employees must present receipu to the Wate: Utiliry to be reirnbursed.
Employees will be required to wear the uniform while on duty and will be responsibie for the caze
and uDkeep of their uniforms.
•'/ ����1 Date 7 / 3�// (/ `" _� V��%w(1 Date 7—� Ol�
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. t�hy Vle�am,r I � L Bennett
City of St^Paul La_ or Relations Director Business Represeatative
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ORIGI�IAL
RESOLUTIQN
CITY OF SAINT PAUL, MINNESOTA
Presented by_
Refesed To
CouncilFile# p��70
Green Sheet # 106846
Committee Date
[1
2 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
May 1, 2001 through Apri130, 2004 Maintenance Labor Agreement between the City of Saint Paul and
Operative Plasterers and Cement Masons International Association, Local #633.
Requested by Department oE
by Council
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O ice of Labor Relarions
By:
Form App ved by „' ttomey
B ��UO f
Approved� Mayor for S bmission to Council
By:
Adopted by Council: Date �,,,�. .\ - . \ �_e.15,�`
V
DEPARTMENT/OFF7CFJCOUNCII.: DATE INITIATED GREEN SHEET No.: 106846 C) t-70�
LABOR RELATIONS June 29, 2001
CONTACf PERSON & PHONE: q niE AnitpvpprE
NLIE KRAUS 266-6488
ASSIGN 1 DEPARThfENT D 4 CITY CAUNCII.
NUMBER 2 CiT7' ATI'ORNEY - CiTY CLERK
MUST BE ON COUNCII. AGENDA BY (DA'I� FOR BUDCEf DIl2. � FIN. & MGT. SERVICE DIIL
ROUTING 3 MAYOR (OR ASST.)
ORDER
TOTAL # OF SIGNATURE PAGES i (CLIp ALL LOCATIONS FOR SIGNATURE)
ncriox �QUESrEU: This resolution approves the attached May i, 2001 through April 30, 2004 Maintenance Labor
Agreement between the City of Saint Paul and Operative Plasterers and Cement Masons International Association,
Local #633.
RECOM[v�NDA1TONS: Approve (A) or Reject (R) PERSONAI. SERV[CE CON"CRACCS MOST ANSWER THE FOLLOWING
QUESTIONS:
_PLANNING COMhIISSION _CIVIL SERVICE COMIvIISSION 1. Has this pecsodfvm ever worked under a contrac[ for thu depaztrnent?
_CIB COMMI1'fEE Yes No
STAFF 2. Has thu persoNBrm ever been a ciTy empioyee?
_DISIRICT COURT Yes No
SUPPORTS WHICH COUNCIL OBIECTIVE? 3. Dces this petson/firm possess a skill not normalty possessed by any cuRrnt city empbyee?
Yes No
Expiain aii yes aoswers an separah sheet and attach to grem sheet
INTLIATING PROBLEM, ISSUE, OPPORTUNITY (Who, Whay When, Where, Why):
The Maintenance Labor Agreement expired on Apri130, 2001
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" ADVANTAGES IF APPROVED: � �'°
There would be an Agreement in place through Apri130, 2004 ��� Q� 2 ���
DISADVANTAGESIFAPPROVED: - - , _, - "
`, „
None
DLSADVAN'1'AGES IF NOT APPROVED:
No agreement in place - labor unrest.
TOTAL AMOUNT OF TRANSACCION: COST/REVENUE BUDGETED:
FUNDING SOURCE: AC'I1V1TY NUMBER:
FINANCIAL I[VFORMATION: (EXPLAIlN)
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ATTACHMENT TO 1'HE GREEN SHEET
MAINTENANCE LABOR AGREEMENT WITH
THE OPERATIVE PLASTERERS AND CEMENT MASONS
INTERNAT'IONAL ASSOCIATION LOCAL #633
Below is a summary of the changes in the Maintenance Labor Agreement between the City of
Saint Paul and the Operative Plasterers and Cement Masons International Association Local
#633.
Duration•
May 1, 2001 through Apri130, 2004.
Wages:
The City agreed to the prevailing wage rate.
Language•
Changes to the language were basically of a housekeeping nature for ciarification and clean up.
G:VSharcd�LRCOMMON�CONTRACTICEMENT\2001\gnshtattachmeritwpd
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, ,�.-. � . __ . � " _ _
- _ .. . . ___ . _. -- 0��7��.
_ MAY l, 2001 TO APRIL 30; 2004
�._
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- MAINTENAN�E LAB�R AGREEMENT -
� -� � . � - �etvveen - . �. � �_ � - -
` �H� GIT1' OF` SAINT PAUL.. �
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. and ��
... _ .
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° OPERAT�VE PL�S'I'�RER� AND CE1�3ENT MASE�NS
�1�TERNATI,OI�TAL ASSOCIATION; LOCAL 633
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INDEX
�TTCLE TITLE PAGE
Preamble............................................................. ii
1 Purpose-•---� ................................................•--•--••--
2 Recognition .........••--••• ............................................I
3 Employer Rights ........................................................1
4 Union Rights ...........................................................2
5 Scope of Agreement ......................................................2
6 Probationary Periods .....................................................2
7 Hoursof Work ..........................................................3
8 Overtime ..............................................................3
9 CaIlBack/Ca11In ........................................................4
10 Work Location ..........................................................4
11 Wages .................................................................4
12 Fringe Benefits ..........................................................4
13 Holidays ...............................................................5
14 Discipiinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
15 AbsencesFrom Work ....................................................6
� Seniority ...............................................................6
17 Jurisdiction .............................................................7
18 Sepazation .............................................................7
19 Tools .................................................................7
20 Grievance Procedure .................................................... 8
21 Rightof Subcontract ....................................................10
22 Nondiscrimination ......................................................10
23 Severability ...........................................................10
24 Waiver ...............................................................10
25 City Mileage ...........................................................11
26 Duration and Pledge .....................................................12
AppendixA .......................................................... A1
AppendixB .......................................................... B1
AppendixC .......................................................... C1
AppendixD .......................................................... D1
Append'vcE .......................................................... E1
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• This Agreement is entered into between the CiTy of Saint Paul, hereinafter referred to as the Employer
and Operative Plasterers' and Cement Masons' Intemational Association of the United States and
Canada, Loca1633, hereinafter referred to as the Union.
The Employer and the Union concur that this Agreement has as its objecfive the promotion of the
responsibilities of the City of Saint Paul for the benefit of the general public through effective
labor-management cooperation.
The Employer and the Union both realize that this goal depends not only on the words in the Agreement
but rather primarily on attitudes between peopie at a11 levels of responsibility. Constructive attitudes of
� the City, the Union, and the individual employees will best serve the needs of the general public.
�
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ARTICLE 1- PURPOSE
l.l The Employer and the Union agree that the purpose for entering into this Agreement is to:
� 1.1(1) Achieve orderiy and peaceful relations, thereby establishing a system of uninterrupted operations
and the highest level of employee performance that is consistent with the safety and well-being
of all concemed;
1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed
upon by the Employer and the Union;
1.1(3) Establish procedures to orderly and peacefully resolve disputes as to the application or
interpretation of this Agreement without loss of productivity.
1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates
and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter
shall prevail. The parties, on written nofice, agree to negotiate that part in wnflict so that it conforms to
the statute as provided by Article 23 (SEVERABILITI�.
ARTICLE 2 - RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative for collective bazgaining purposes
for all personnel having an employment status of regular, probationary, provisional and temporary
• employed in the classes of positions defined in Appendix A as certified by the Bureau of Mediation
Services in accordance with Case No. 73-PR-525-A dated May 22, 1973.
ARTICLE 3 - EMPLOYER RIGHTS
3.1 The Employer retains the right to operate and manage ali personnel, facilities, and equipment; to
establish functions and programs; to set and amend budgets; to detemune the utilization of technology;
to establish and modify the organizational structure; to select, direct and determine the number of
personnel; and to perform any inherent manageriai function not specifically limited by this Agreement.
3.2 Any "term or condition of employment" not established by this Agreement shall remain with the
Employer to eliminate, modify, or establish following written notification to the Union.
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ARTICLE 4 - ITNION RIGHTS
�l The Union may designate one (1) employee from the bazgaining unit to act as a Stewazd and shall
inform the Employer in writing of such designation. Such employee shall have the rights and
responsibilities as designated in Article 20 (GRIEVANCE PROCEDURE).
42 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his/her
designated representative shall be permitted to enter the facilities of the Employer where employees
covered by this Agreement aze working.
ARTICLE 5- SCOPE OF THE AGREEMENT
5.1 This Agreement established the "terms and conditions of employmenY' defined by M.S. 179.63,
Subdivision 18 for all employees exclusively represented by the Union. This Agreement shall supersede
such "terms and conditions of employmenY' established by Civil Service Rule, Council Ordinance, and
Council Resolution.
ARTICLE 6 - PROBATIONARY PERIODS
6.1 All personnel, originally hired or rehired following sepazafion, in a regular employment status shall
serve a six (6) month probationary period during which time the employee's fitness and ability to
perform the position's duties and responsibilities shall be evaluated.
� 6.1(1) At any time during the probationary period an employee may be terminated at the discretion of
the Employer without appeal to the provisions of Article 20 (GRIEVANCE PROCEDIJFZE).
6.1(2) An employee terminated during the probationary period shall receive a written notice of the
reason(s) for such termination, a copy of which shall be sent to the Union.
6.2 All personnel promoted to a higher class shall serve a six (6) month promotional probationary period
during which time the employee's fitness and ability to perform the position's duties and responsibilities
shall be evaluated.
6.2(1) At any time during the promotional probationary period an employee may be demoted to the
employee's previously held class at the discretion of the Employer without appeal to the
provisions of Article 20 (GRIEVANCE PROCEDURE).
6.2(2) An employee demoted during the promotional probationary period shall be returned to the
employee's previously held class and shall receive a written notice of the reasons for demotion, a
copy of which shall be sent to the Union.
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ARTICLE 7- HOURS OF WORK
�1 The normal work day shall be eight (8) consecutive hours per day, excluding a fliirry (30) minute lunch
period between the hours of 7:00 a.m. and 5:30 p.m.
7.2 The normal work week shall be five (5) consecurive normal work days Monday through Friday.
73 If, during the term of this Agreement, it is necessary in the Employer's judgment to estabiish second and
third shifts, or a work week of other than Monday through Friday, the Union agrees to enter into
negotiafions immediately to establish the conditions of such shifts and/or work weeks.
7.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day
or per normal work week.
7.5 All employees shall be at the locafion designated by their supervisor, ready for work, at the established
starting time and shall remain at an assigned work location until the end of the established work day
unless otherwise directed by their supervisor.
7.6 All employees are subject to call back by the Employer as provided by Article 9(CALL BACK/CALL
IN).
7.7 Employees reporting for work at the established starting time and for whom no work is available shall
receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for
work prior Yo leaving home, or during the previous work c3ay.
�
ARTICLE 8 - OVERTIME
8.1 All overtime compensated by the Employer must receive prior authorization from a designated
Employer supervisor. No overtime work claim will be honored for payment or credit uniess approved in
advance. An overtime claim will not be honored, even though shown on the time cazd, unless the
required advance approval has been obtained.
8.2 The overtime rate of one and one-half (1.5) the basic hourly rate sha11 be paid for work performed under
the following circumstances:
8.2(1) Time worked in excess of eight (8) hours in any one normal work day, and
8.2(2) Time worked on a sixth (6th) day following a normal work week.
83 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the
foliowing circuxnstances:
83(1) Tune worked on a holiday as defined in Article 13.6 (HOLIDAYS);
8.3(2) Time worked on a seventh (7th) day following a normal work week.
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ARTICLE 8 - OVERTIME (Continued)
�4 For the purposes of calculating overtime compensation, overtime hours worked shall not be "pyranuded"
or compounded. Empioyees shall not be paid twice for the same hours.
8.5 Overtime hours worked as provided by this Article shall be paid in cash.
ARTICLE 9- CALL BACK/CALL IN
9.1 The Employer retains the right to call in or call back employees before an employee has started a normal
work day or normal work week and after an employee has compieted a normal work day or normal work
week.
9.2 Employees called in or called back shall receive a muumum of four (4) houxs straight time pay at the
basic hourly rate or shall be compensated in accordance with Article 8(OVEItTIME), when appiicable,
whichever is greater.
9.2(1) Notwithstanding Article 9.2, employees called in four (4) hours or less prior to their normal work
day shall complete the normal work day and be compensated only for overtime hours worked in
accordance with Articie 8 (OVERTIME).
�QRTICLE 10 - WORK LOCATION
�
10.1 Employees shail report to work location as assigned by a designated Employer Supervisor. During the
normal work day empioyees may be assigned to other work locations at the discretion of the Employer.
ARTICLE 11 - WAGES
11.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an
employee. No retroactive payment shall be made to any employee who has terminated his/her
empioyment prior to signing of the new Agreement.
11.2 Regular, Provisional and temporary empioyees shall be considered, for the purposes of this Agreement,
"Participating Employees" and shall be compensated in accordance with Article 1 l.l (WAGES) and
have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 12
(FRINGE BENEFITS).
ARTICLE 12 - FRINGE BENEFITS
12.1 The Employer shall, for all hours worked, make contributions on behalf of and/or make deductions from
• the wages of "participating employees" covered by this Agreement in accordance with Appendvc D.
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ARTICLE 13 - HOLIDAYS
13.1
�
The following ten (10) days shall be designated as holidays:
New Yeaz's Day, January 1
Martin Luther King Day, third Monday in January
Presidents' Day, third Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, first Monday in September
Veterans' Day, November 11
Thanksgiving Day, fourth Thursday in November
Day After Thanksgiving, fourth Friday in November
Christmas Day, December 25
13.2 When New Yeaz's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday
shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the
preceding Friday shall be considered the designated holiday.
133 The ten (10) holidays shall be considered non-work days.
13.4 If, in the judgment of the Employer, personnel aze necessary for operating or emergency reasons,
employees may be scheduled or "called in or called back" in accordance with Article 9(CALL
BACK/CALL II�.
�.5 Participating Employees, as defined in Article 11.2, assigned to work on Martin Luther King Day,
Presidents' Day, Veterans' Day, or the Day After Thanksgiving, shall be compensated on a straight time
basis for hours worked.
13.6 Such Participating Empioyees assigned to work on New Yeaz's Day, Memoriai Day, Independence Day,
Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the
basic hourly rate for such hours worked.
ARTICLE 14 - DISCIPLINARY PROCEDURES
14.1
14.2
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The Employer shall have the right to impose disciplinary actions on empioyees for just cause.
Disciplinary actions by the Employer shall include oniy the following actions:
14.2(i) Oral reprimand.
14.2(2) Written reprimand.
14.2(3) Suspension.
14.2(4) Demotion.
14.2(5) Discharge.
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ARTICLE 15 - ABSENCES FROM WORK
�5.1 Employees who are unable to report for their normal work day have the responsibility to notify theu
supervisor of such absence as soon as possible, but in no event later than the beginning of such work
day.
15.2 Failure to make such notification may be grounds for discipline as provided in Article 14
(DISCIPLINARY PROCEDURES).
15.3 Failure to report for work without notification for three (3) consecutive normal work days without
notification to the Employer may be considered by the Employer to be a"quit" on the part of the
empioyee.
ARTICLE 16 - SENIORITY
16.1 Seniority, for the purposes of this Agreement, shall be defined as follows:
16.1(1) "Master Senioriry" - The length of continuous regulaz and probationary service with the
Employer from the last date of employment in any and all class titles covered by this
Agreement.
16.1(2) "Class Seniority" - The length of continuous regulaz and probationary service with the
Employer from the date an employee was first appointed to a class title covered by this
• Agreement.
16.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted
for a period of less than thiriy (30) calendar days; is granted because of illness or injury; is granted to
allow an employee to accept an appointment to the unclassified service of the Employer or to an elected
or appointed full-time position with the Union.
163 Seniority shall terminate when an employee refires, resigns, or is discharged.
16.4 In the event it is determined by the Employer that it is necessary to reduce the work force, employees
wili be laid off by class title within each department based on inverse length of "Class Seniority".
Employees laid off shall have the right to reinstatement in any previously held lower paid class title
covered by this Agreement, provided such employee has greater "Class Seniority" than the employee
being replaced.
16.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority",
subject to the approval of the Employer.
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ARTICLE 17 - JITRISDICTION
� Disputes concerning work jurisdiction between and among unions is recognized as an appropriate
subject for determination by the various unions representing employees ofthe Employer.
17.2 The Employer agrees to be guided in the assigiment of work jurisdiction by any mutual agreements
between the unions involved.
173 In the event of a dispute concerning the performance or assignment of work, the unions involved and the
Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall
restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the
dispute, or to restrict the Employer's basic right to assign work.
17.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 172 and
173 above shall be subject to disciplinary action as provided in Article 14 (DISCIPLINARY
PROCEDURES).
17.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work
assignment.
ARTICLE 18 - SEPARATION
�1 Employees having a probationary or regulaz employment status shall be considered sepazated from
employment based on the following actions:
18.1(1) Resignation. Employees resigning from employment shall give written notice fourteen
(14) calendaz days prior to the effecfive date of the resignation.
18.1(2) Discharge. As provided in Article 14.
18.1(3) Failure to Report for Duty. As provided in Article 15.
18.2 Employees having a temporary or provisional employment status may be temunated at the discretion of
the Employer before the completion of a normal work day.
ARTICLE 19 - TOOLS
19.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B.
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ARTICLE 20 - GRIEVANCE PROCEDURE
�20.1 The employer shall recognize the Stewazd selected in accordance with Union rules and regulations as the
grievance representative of the bargaining unit. The Union shall notify the Empioyer in writing of the
name of the Stewazd and of his/her successor when so detemuned.
20.2 Tt is recognized and accepted by the Employer and the Union that the processing of grievances as
hereinafter provided is limited by the job duues and responsibilities of the employees and shall therefore
be accompiished during working hours only when consistent with such employee duties and
responsibilities. The Stewazd involved and a grieving employee shall suffer no loss in pay when a
grievance is processed during working hours, provided the Stewazd and the employee have notified and
received the approval of their supervisor to be absent to process a grievance, and that such absence
would not be detrimental to the work programs of the Employer.
203 The procedure established by this Article shall be the sole and exciusive procedure for the processing of
grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. It is
understood that issues not related to terms and conditions of employment (for example: topics listed in
Civil Service Rule 26III A, B, C- performance reviews, examinations and classification) shall continue
to be processed in accordance with the grievance procedure outlined in the Civil Service Rules.
20.4 Grievances shall be resolved in conformance with the following procedure:
Step 1: Upon the occurrence of an alleged violation of this Agreement, the employee involved shall
attempt to resolve the matter on an informal basis with the 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 facts on which it is based, the alleged section(s) of the
Agreement violated, and the relief requested. Any alleged violation of the Agreement not
reduced to writing by the Union and submitted to the Employer within seven (7) calendar days
of the first occurrence of the event giving rise to the grievance, shall be considered waived.
The first occurrence shall be either the actual date of the occurrence or the date by which,
through the exercise of reasonable diligence, the Union should have known of the alleged
violation.
Step 2: Within seven (7) calendar days after receiving the written grievance, a designated Employer
Supervisor shall meet with the Union Stewazd and attempt to resolve the grievance. If, as a
result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to
the Union within three (3) calendaz days following this meeting. The Union may refer the
grievance in writing to Step 3 within seven (7) calendar days foIlowing receipt of the
Employer's written answer. Any grievance not referred in writing by the Union within seven
(7) calendaz days following receipt of the Employer's answer shall be considered waived.
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ARTICLE 20 - GRIEVANCE PROCEDURE (Continued)
Step 3: Within seven (7) calendaz days foilowing receipt of a grievance refened from Step 2, a
� designated Employer supervisor shali meet with the Union Business Manager or his
designated representative and attempt to resolve the grievance. Within seven (7) calendar days
following this meeting, the Employer shall reply in writing to the Union stating the Employer's
answer concerning the grievance. If as a result of the written response the grievance remains
unresolved, the Union may refer the grievance to Step 4. Any grievance not reduced to
writing by the Union and submitted to the Employer within seven (7) calendar days following
receipt of the Employer's answer shall be waived.
Step 4: If after seven (7) calendar days following the response of the Employer in Step 3 the grievance
remains unresolved, the Union, through written notice to the Employer, may request
azbitration of the grievance. The azbitration proceedings shall be conducted by an arbitrator to
be selected by mutual agreement of the Employer and the Union within seven (7) calendaz
days after notice has been given. If the parties fail to mutually agree upon an azbitrator within
the said seven (7) day period, either party may request the Bureau of Mediation Services to
submit a panel of five (5) azbitrators. Both the Employer and the Union shall have the right to
strike two (2) names from the panel. The Union shall strike the first (lst) name; the Employer
shall then strike one (1) name. The process will be repeated and the remaining person shali be
the azbiirator.
20.5 The azbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the
provisions of this Agreement. The azbitrator shall consider and decide only the specific issue submitted
� in writing by the Employer and the Unlon, 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 and effect of law. The azbitrator's decision shall be submitted in writing within thirty (30) 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 azbitrator'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 Employer, the Union and the employees.
20.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the
Empioyer and the Union, provided that each party shall be responsible for compensating its own
representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause
such a record to be made, providing it pays for the record.
20.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer
and the Union.
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ARTICLE 21 - RIGHT OF SUBCONTRACT
� 1 The Employer may, at any time during the duration of this Agreement, contract out work done by the
employees covered by ttus Agreement. In the event that such contracting would result in a reduction of
the work force covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day
notice of the intenrion to subcontract.
21.2 The subcontracting of work done by the employees covered by this Agreement shali in all cases be made
only to empioyers who qualify in accordance with Ordinance No. 14013.
ARTICLE 22 - NONDISCRIMINATION
22.1 The terms and 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, disability, or because
of inembership or non-membership in the IJNION.
22.2 Employees will perform their duties and responsibilities in a nondiscruninatory manner as such duties
and responsibilities involve other employees and the general public.
ARTICLE 23 - SEVERABILITY
�1 In the event that any provision(s) of this Agreement is deciazed to be contrary to law by proper
legislative, administrative, or judicial authority from whose fmding, determination, or decree no appeal
is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect.
23.2 The parties agree to, upon written notice, enter into negotiations to piace the voided provisions of the
Agreement in compliance with the legislative, administrative, or judicial deternunation.
ARTICLE 24 - WAIVER
24.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this
Agreement, each had the right and opportunity to make proposals with respect to any subject conceming
the terms and conditions of employment. The agreements and understandings reached by the parties
after the exercise of this right aze fully and completely set forth in this Agreement.
24.2 The Employer and the Union agree, for the duration of this Agreement, that the other party shall not be
obligated to meet and negotiate over any term or conditions of employment whether specifically covered
or not specifically covered by tlus Agreement. The Union and EmployeT may, however, mutually agree
to modify any provision of this Agreement.
243 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations
regazding the terms and conditions of employment, to the ea�tent they aze inconsistent with this
� Agreement, aze hereby superseded.
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ARTICLE 25 - CITY MILEAGE
�.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative
Code, as amended, pertain'vng to reimbursement of City officers and employees for the use of their own
automobiles in the performance of their duties, the following provisions aze adopted.
25.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must
receive written authorization from the Department Head.
Type 1:
If an empioyee is required to use his/her own automobile OCCASIONALLY during employment, the
employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually
used in perfomung the duties of the employee's position. In addition, the employee shall be reimbursed
$.20 per mile for each mile actually driven.
If such employee is required to drive an automobile during employment and the department head or
designated zepresentative determines that an employer vehicle is available for the employee's use but the
employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of
$.20 per mile driven and shall not be eligible for any per diem.
Type 2:
If an employee is required to use his/her own automobile REGLJLARLY during employxnent, the
employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the
employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required
� to drive an automobile during employment and the department head or designated representative
determines that an employer vehicle is available for the employee's use but the employee desires to use
his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and
shall not be eligible for any per diem.
This Article 25.2 shall become effective on the first day of the fust month following the date of the
signing of this Agreement.
25.3 The City will provide pazking at the Civic Center Parking Ramp for City employees on either of the
above mentioned types of reimbursement plans who aze required to have their personal caz available for
City business. Such pazking will be provided only for the days the employee is required to have his or
her own personal caz available.
25.4 Rules and Regulafions: The Mayor shall adopt rules and regulations goveming the procedures for
automobile reirnbursement. Such regulations and rules shall contain the requirement that recipients shall
file daily reports indicating miles driven and shall file monthly �davits stating the number of days
worked and the number of miles driven, and further require that they maintain automobile liability
insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for property
damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of
Saint Paul named as an additional insured. These rules and regulations, together with the amendment
thereto, shall be maintained on file with the City Clerk.
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ARTICLE 26 - DURATION AND PLEDGE
i This Agreement shall become effective as of the date of signing, except as specificaliy provided
otherwise in Articles 11 and 12, and shail remain in effect through the 30th day of April, 2004 and
continue in effect from yeaz to yeaz thereafter unless notice to change or to terminate is given in the
manner provided in 26.2.
26.2 If either pariy desires to terminate or modify this Agreement, the party wishing to modify or temunate
the Agreement shall give written notice to the other party, not more than ninety (90) or less than sixty
(60) calendaz days prior to the expiration date, provided that the Agreement may only be so terminated
or modified effective as of the expiration date.
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ARTICLE 26 - DURATION AND PLEDGE (Continued)
3 In consideration of the terms and conditions of employment established by this Agreement and the
recognition that the Crrievance Procedure herein established is the means by which grievances
concerniug its application or interpretation may be peacefuliy resolved, the parties hereby pledge that
during the term of the Agreement:
263(1) The Union and the employees will not engage in, instigate, or condone any concerted action in
which employees fail to report for duty, willfully absent themselves from work, stop work,
slaw down their work, or absent themselves in whole or part from the full, faithfid
performance of their dufies of employment.
263(2) The Employer will not engage in, instigate, or condone any lock-out of employees.
263(3) This constitutes a tentative agreement between the parties which will be recommended by the
Dizector of Labor Relations, but is subject to the approval of the Administration of the City
and the City Council and is also subject to ratification by the Union.
Agreed to and attested to as the full and complete understanding of the parties for the period of rime
herein specified by the signature of the following representatives for the Employer and the Union.
WITNESSES:
.
CITY OF SAINT PAUL
��
ason Sc 'dt
Labor Relations Specialist
�
Kathenne L. Meg
D'uector of Labor
��/
Data
•
OPERATIVE PLASTERERS AND
CEMENT MASONS INTERNATIONAL
ASSOCIATION, LOCAL 633
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L Bennett
Business Representative
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Date
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APPENDIX A
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The classes of positions recoa i�.ed by the Empioyer as being exclusively represented by the Union aze as
follows:
Cement Finisher
Apprentice
Building Inspector-Cement Finisher
and other classes of positions that may be established by the Employer where the duties and responsibilities
assigned and aze determined by the Bureau of Mediation Service to appropriately represented by this
bargaining unit.
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All necessary hand tools.
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APPENDIX C
� The basic hourly wage rate for temporary employees appointed to the following classes of positions shail be:
Effective
5/5/O1
Cement Finisher
$26.19*
Effective Effective
5/1/2002 5/1/2003
(Or closest payperiod)
** a*s
2. The basic hourly wage rate for provisional, regular and probationary employees appointed to the following
classes of positions shall be:
Effective
5/5/Oi
Cement Finisher
$24.90*
Effective Effective
5/2002 5/2003
(Or closest payperiod)
** *+*
* Tlus rate includes the taxable Savings Plan deduction of $3.45.
` The basic houriy wage rate for temporary employees whose length of service and earnings require that they
be subject to Public Employees Retirement Association conuibutions shall be the rate shown in this
Appendix "C" for such employees in such classes divided by 1.0518.
The State of Minnesota has passed legislation to change the Public Employees Retirement Association
(PERA) contribution rates for employers and employees. When the rates change, the rates listed above will
change accordingly.
** Effective 5/1/2002 (or closest payperiod) an additional $$1.85 per hour shall be added to the total
package. The parties wili agree prior to that date as to the distribution of the increase between the wages
and fringes
*** Effective 5/1/2003 (or closest payperiod) an additional $$1.80 per hour shall be added to the total
package. The parties will agree prior to that date as to the distribution of the increase beriveen the wages
and fringes
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APPENDIX D
�f'ective May 5, 2001 the Employer shall:
(1) contribute to a Heaith and Welfare Fund $2.86 per hour for ail hours worked by participating employees.
(2) contribute to Part A of the Pension Fund $5.45 per hour for all hours worked by participating employees.
(3) deduct for a Savings Plan $3.45 per hour from which payroll deductions have been made for all hours
worked by participating employees covered by this Agreement.
(4) contribute to an Apprenficeship Fund $030 per hour for all hours worked by participating employees.
The above contributions may be increased or decreased as long as the applicable hourly rates in Appendix C for
employees aze decreased or increased by the same total amount.
All contributions made in accordance with this Appendix D shail be forwarded to depositories as directed by the
Union.
The Employer shall establish Workez's Compensation and Unempioyment Compensation programs as required
by Minnesota Statutes.
Participating employees covered by this Agreement, shall not be eligibie for, governed by, or accumulate
� ca6on, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that aze or may be established
y Civil Service Rules, Council Ordinance or Council Resolutions.
The Employer's fringe benefit obligation is limited to the contributions andlor 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 forwazded contributions and/or deductions.
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HPPENDIX E
� l�l�iORANDUiI�i OF AGREEI��IT BETWEEN
'I'HE C1TY OF SAL`IT PAUL
Ai'lD
'I'HE OPER�TT��E PLASTERERS Al�� CE�N'T YIA,SONS INTERN�TIONAi.
A.SSOCIATION, LOCAI. 633
This A�eemeat is entere3 into by and be:weea the Ciry of Saint Paul (City) and the Ope:arive
Plaszere:s and Cemeat Masons Intemational Assoc:auon, Loca1633 (tJnion) who represeats ce:tain
employees at the Saint Paui Regionai Water Utiliry for the purpose of providin; a uniiorm allowance
for those employees.
The City and Unions aaree that the Ciry wili provide each fu1l=�ime employee working at the Water
litiliry in the title oi Cement Finisher who is reauired to wear a specified uniform with an annual
uniior.n allowance oi � 125. Employees must present receipts to the Water Utility to be reimbursed.
EmpIoyess will be reauired to wear the uniform while on duty and will be responsibie for the caze
and upke°p of their uniiorras.
�� ,
� �' 1 r Date 7 /� 3�//� ���%�%wCS Date 7-<Y-
� � �Y �e�� � L Bennett
Ciry oi St. Paul La, or elations Director Business Representative
G �Shared\l.RCOt�(�IONUASOMTraaesic.�nrntuniiorm.wpd
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: MAY l, 2401-TO A�I2IL.34, 2004 .:<
MAIN'�ENtA�CE LABOR AGREEN�ENT
- bet�veen = :
_ -. - -
TI3E CITY OF SAINT FAUL
_� � � - � _ ��
� = ��� � � � � ,
,
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OPERA'F�VE PLA�T�RE�S AND GEM�NT"MASONS
` . .IN'TERNATIONAL: ASSO��AT'IO1�; I�OC�L 633 �
-� � - - -� � -
������
�TICLE TITLE
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L�Tl1 �
Preamble ............................................................. ii
1 Purpose ................................................................1
2 Recognition ............................................................1
3 Empioyer Rights ........................................................1
4 Union Rights ...........................................................2
5 Scope ofAgreement ......................................................2
6 Probationary Periods .....................................................2
7 Howsof Work ..........................................................3
8 Overtime ..............................................................3
9 Ca1lBack/Ca11In ........................................................4
10 Work Location ..........................................................4
11
12
13
14
15
�
17
18
19
20
Wages .................................................................4
Fringe Benefits ..........................................................4
Holidays ...............................................................5
Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
AbsencesFrom Work ....................................................6
Seniority ......................,........................................6
Jurisdiction .............................................................7
Separation .............................................................7
Tools .................................................................7
Grievance Procedure .................................................... 8
21 Rightof Subcontract ....................................................10
22 Nondiscrimination ......................................................10
23 Severability ...........................................................10
24 Waiver ...............................................................10
25 City Mileage ...........................................................11
26 Duration and Piedge .....................................................12
Appendix .......................................................... A1
Appendix .......................................................... B1
Appendix .......................................................... C1
AppendiY .......................................................... D1
Appendix .......................................................... E1
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. This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer
and Operative Piasterers' and Cement Masons' Intemational Association of the United States and
Canada, Local 633, hereinafter referred to as the Union.
The Employer and the Union concur that this Agreement has as its objective the promotion of the
responsibilities of the City of Saint Paul for the benefit of the general public through effective
labor-management cooperation.
The Employer and the Union both realize that this goal depends not only on the words in the Agreement
but rather primarily on attitudes between people at all levels of responsibility. Constnxctive attitudes of
� the City, the Union, and the individual employees will best serve the needs of the generai public.
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ARTICLE 1- PiJRPOSE
1.1 The Employer and the Union agree that the purpose for entering into this Agteement is to:
� 11(1) Achieve orderly and peacefui relations, thereby establishiug a system of uninterrupted operations
and the highest level of employee performance that is consistent with the safety and well-being
of ali concemed;
1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed
upon by the Employer and the Union;
1.1(3) Establish procedwes to orderly and peacefully resolve disputes as to the application or
interpretation of this Agreement without loss of productivity.
1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates
and directs the Employer. If any part of this Agreement 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 23 (SEVERABILITI�.
ARTICLE 2 - RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes
for all personnel having an employment status of regulaz, probationary, provisional and temporary
� employed in the classes of positions defined in Appendix A as certified by the Bureau of Mediation
Services in accordance with Case No. 73-PR-525-A dated May 22, 1973.
ARTICLE 3 - EMPLOYER RIGI3TS
3.1 The Employer retains the right to operate and manage a11 personnel, facilities, and equipment; to
establish fixnctions and programs; to set and amend budgets; to determine the utilization of technology;
to establish and modify the organizational structure; to select, direct and determine the number of
personnel; and to perform any inherent managerial function not specifically limited by this Agreement.
3.2 Any "term or condition of employment" not established by this Agreement shall remain with the
Employer to eliminate, modify, or establish following written nofification to the Union.
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ARTICLE 4 - ITNION RIGHTS
� The Union may designate one (1) employee from the bazgaining unit to act as a Stewazd and shall
inform the Employer in writing of such designation. Such employee shall have the rights and
responsibilities as designated in Article 20 (GRLEVANCE PROCEDURE).
4.2 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his/her
designated representative shatl be permitted to enter the facilities of the Employer where employees
covered by this Agreement aze working.
ARTICLE 5- SCOPE OF THE AGREEMENT
5.1 This Agreement estabiished the "terms and conditions of employment" defined by M.S. 179.63,
Subdivision 18 for all employees exclusively represented by the Union. This Agreement shall supersede
such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and
Council Resolution.
ARTICLE 6 - PROBATIONARY PERIODS
6.1 All personnel, originally hired or rehired following sepazation, in a regulaz employment status shall
serve a six (6) month probationary period during which time the employee's fitness and ability to
perform the position's duties and responsibilities shall be evaluated.
� 6.1(1) At any time during the probationary period an employee may be terminated at the discretion of
the Employer without appeal to the provisions of Article 20 (GRIEVANCE PROCEDURE).
6.1(2) An employee terminated during the probationary period shall receive a written notice of the
reason(s) for such termination, a copy of which shall be sent to the Union.
6.2 All personnel promoted to a higher class shall serve a six (6) month promotional probationary period
during which time the employee's fitness and ability to perform the position's duties and responsibilities
shall be evaluated.
6.2(1) At any time during the promotional probationary period an employee may be demoted to the
employee's previously held class at the discretion of the Employer without appeal to the
provisions of Article 20 (GRIEVANCE PROCEDURE).
6.2(2) An empioyee demoted during the promotional probationary period shall be returned to the
employee's previously held ciass and shall receive a written notice of the reasons for demotion, a
copy of which shall be sent to the Union.
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ARTICLE 7- HOURS OF WORK
� The normal work day shall be eight (8) consecutive hours per day, exciuding a thirty (30) minute lunch
period between the hours of 7:00 am. and 530 p.m.
7.2 The normai work week shall be five (5) consecutive normal work days Monday through Friday.
73 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and
third shifts, or a work week of other than Monday through Friday, the Union agrees to enter into
negotiations immediately to establish the conditions of such siufts and/or work weeks.
7.4 This secrion shall not be construed as, and is not a guarantee of, any hours of work per normal work day
or per normal work week.
7.5 Ali employees shall be at the location designated by their supervisor, ready for work, at the established
starting time and shail remain at an assigned work location until the end of the established work day
unless otherwise directed by theu supervisor.
7.6 All employees are subject to call back by the Employer as provided by Article 9(CALL BACK/CALL
IN).
7.7 Employees reporting for work at the established starting time and for whom no work is available shall
receive pay for two (2) hours, at the basic hourly rate, unless nofification has been given not to report for
work prior to leaving home, or during the previous work day.
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ARTICLE 8 - OVERTIME
8.1 All overtime compensated by the Employer must receive prior authorization from a designated
Employer supervisor. No overtnne work claim will be honored for payment or credit unless approved in
advance. An overtime claim wili not be honored, even though shown on the time card, unless the
required advance approval has been obtained.
8.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under
the following circumstances:
8.2(1) Time worked in excess of eight (8) hours in any one normal work day, and
8.2(2) Tizne worked on a sixth (6th) day following a normal work week.
8.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the
foliowing circumstances:
83(1) Time worked on a holiday as defined in Article 13.6 (HOLIDAYS);
83(2) Time worked on a seventh (7th) day following a normat work week.
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ARTICLE 8 - OVERTIME (Continued)
� For the purposes of calculating overtune compensation, overtime hours worked shall not be "pyramided"
or compounded. Employees shall not be paid iwice for the same hours.
8.5 Overtime hours worked as provided by this Article shall be paid in cash.
ARTICLE 9- CALL BACK/CALL IN
9.1 The Employer retains the right to call in or call back employees before an employee has started a normal
work day or normal work week and after au employee has completed a normal work day or normal work
week.
9.2 Employees called in or called back shall receive a min;mum of four (4) hours straight time pay at the
basic hourly rate or shall be compensated in accordance with Article 8(OVERTIME), when applicable,
whichever is greater.
9.2(1) Notwithstanding Article 9.2, employees called in four (4) hours or less prior to their normal work
day shall complete the normal work day and be compensated only for overtime hours worked in
accordance with Article 8 (OVERTIME).
�TICLE 10 - WORK LOCATION
10.1 Employees shall report to work location as assigned by a designated Employer Supervisor. During the
normal work day employees may be assigned to other work locations at the discrefion of the Employer.
ARTICLE 11- WAGES
11.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an
empioyee. No retroactive payment shall be made to any employee who has terminated his/her
employment prior to sigung of the new Agreement.
11.2 Regulaz, Provisional and temporary employees shall be considered, for the purposes of this Agreement,
"Participating Employees" and shail be compensated in accordance with Article 1 l.l (WAGES) and
have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 12
(FRINGE BENEFITS).
ARTICLE 12 - FRINGE BENEFITS
12.1 The Employer shall, for a11 hours worked, make contributions on behalf of and/or make deductions from
� the wages of "participating empioyees" covered by this Agreement in accordance with Appendix D.
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ARTICLE 13 - HOLIDAYS
13.1
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The following ten (10) days shall be designated as holidays:
New Yeaz's Day, January 1
Martin Luther King Day, third Monday in January
Presidents' Day, third Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, first Monday in September
Veterans' Day, November 11
Thanksgiving Day, fourth Thursday in November
Day After Thanksgiving, fourth Friday in November
Christmas Day, December 25
13.2 When New Yeaz's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday
shall be considered the designated holiday. When any of these three (3) holidays fails on a Saturday, the
preceding Friday shall be considered the designated holiday.
133 The ten (10) holidays shall be considered non-work days.
13.4 If, in the judgment of the Employer, personnel aze necessary for operating or emergency reasons,
employees may be scheduled or "called in or called back" in accordance with Article 9(CALL
BACK/CALL IN).
�.5 Participating Employees, as defined in Article 11.2, assigned to work on Martin Luther King Day,
Presidents' Day, Veterans' Day, or the Day After Thanksgiving, shall be compensated on a straight time
basis for hours worked.
13.6 Such Participating Employees assigned to work on New Yeaz's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the
basic hourly rate for such hours worked.
ARTICLE 14 - DISCIPLINARY PROCEDURES
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The Empioyer shall have the right to impose disciplinary actions on empioyees for just cause.
Disciplinary actions by the Employer shall inciude only the following actions:
14.2(1) Oral reprimand.
14.2(2) Written reprimaud.
14.2(3) Suspension.
14.2(4) Demotion.
14.2(5) Dischazge.
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ARTICLE 15 - ABSENCES FROM WORK
� 1 Employees who are unable to report for their normal work day have the responsibility to notify their
supervisor of such absence as soon as possible, but in no event later than the beginning of such work
day.
152 Failure to make such notification may be grounds for discipline as provided in Article 14
(DISCIPLINARY PROCEDURES).
153 Failure to report for work without notification for three (3) consecurive normal work days without
notification to the Employer may be considered by the Employer to be a"quiY' on the part of the
employee.
ARTICLE 16 - SENIORITY
16.1 Seniority, for the purposes of this Agreement, shall be defined as follows:
161(1) "Master Seniority" - The length of continuous regulaz and probationary service with the
Employer from the last date of employment in any and all class titles covered by this
Agreement.
16.1(2) "Class Seniority" - The length of continuous regulaz and probationary service with the
Employer from the date an employee was first appointed to a class title covered by this
� Agreement.
16.2 Seniority shall not 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 appointment to the unclassified service of the Employer or to an elected
or appointed full-time position with the Union.
163 Seniority shall terminate when an employee rerires, resigns, or is dischazged.
16.4 In the event it is determined by the Employer that it is necessazy to reduce the work force, employees
will be laid off by class tiUe within each department based on inverse length of "Class Seniority".
Employees laid off shall have the right to reinstatement in any previously held lower paid class title
covered by this Agreement, provided such employee has greater "Class Seniority" than the employee
being replaced.
16.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority",
subj ect to the approval of the Empioyer.
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ARTICLE 17 - JURISDICTION
�1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate
subject for deterniination by the various unions representing employees of the Employer.
17.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements
between the unions involved.
173 In the event of a dispute conceming the performance or assignment of work, the unions involved and the
Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall
restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the
dispute, or to restrict the Employer's basic right to assign work.
17.4 Any employee refusing to perform work assigned by the Employer and as ciarified by Sectioivs 17.2 and
173 above shall be subject to disciplinary action as provided in Article 14 (DISCIPLINARY
PROCEDURES).
17.5 There shall be no work stoppage, slow down, or any disnxption of work resulting from a work
assignment.
ARTICLE 18 - SEPARATION
�l Employees having a probationary or regulaz employment status shatl be considered separated from
employment based on the following actions:
18.1(1) Resignation. Employees resigning from employment shali give written notice fourteen
(14) calendaz days prior to the effective date of the resignation.
18.1(2) Discharge. As provided in Articie 14.
18.1(3) Failure to Report for Duty. As provided in Article 15.
18.2 Employees having a temporary or provisional employment status may be terminated at the discretion of
the Employer before the completion of a normal work day.
ARTICLE 19 - TOOLS
19.1 All empioyees shall personally provide themselves with the tools of the trade as listed in Appendix B.
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ARTICLE 20 - GRIEVANCE PROCEDURE
20.1 The employer shall recognize the Stewazd selected in accordance with Union rules and regulations as the
• grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the
name of the Stewazd and of his/her successor when so detennined.
20.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as
hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore
be accomplished during working hours only when consistent with such employee duties and
responsibilities. The Stewazd involved and a grieving employee shall suffer no loss in pay when a
grievance is processed during working hours, provided the Stewazd and the employee have notified and
received the approval of their supervisor to be absent to process a grievance, and that such absence
would not be detrimentai to the work programs of the Employer.
203 The procedure established by this Article shall be the sole and exclusive procedure for the processing of
grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. It is
understood that issues not related to terms and conditions of empioyment (for example: topics listed in
Civil Service Rule 26III A, B, C- performance reviews, examinations and classification) shall continue
to be processed in accordance with the grievance procedure outlined in the Civil Service Rules.
20.4 Grievances shail be resolved in conformance with the following procedure:
Step 1: Upon the occurrence of an aileged violation of this Agreement, the employee involved shall
attempt to resolve the matter on an informal basis with the 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 facts on which it is based, the alleged section(s) of the
Agreement violated, and the relief requested. Any alleged violation of the Agreement not
reduced to writing by the Union and submitted to the Employer within seven (7) calendaz days
of the first occurrence of the event giving rise to the grievance, shall be considered waived.
The first occurrence shall be either the actual date of the occurrence or the date by which,
through the exercise of reasonable diligence, the Union should have known of the alleged
violation.
Step 2: Within seven (7) calendar days after receiving the written grievance, a desi�ated Employer
Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a
result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to
the Union within three (3) calendaz days following this meeting. The Union may refer the
grievance in writing to Step 3 within seven (7) calendar days following receipt of the
Employer's written answer. Any grievance not referred in writing by the Union wittun seven
(7) calendaz days following receipt of the Employer's answer shall be considered waived.
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ARTICLE 20 - 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 Union Business Manager or his
desi�ated representative and attempt to resolve the grievance. Within seven (7) calendaz days
following this meeting, the Employer shall reply in writing to the Union stating the Employer's
answer concerning the grievance. If as a result of the written response the grievance remains
unresolved, the Union may refer the grievance to Step 4. Any grievance not reduced to
writing by the Union and submitted to the Employer within seven (7) calendar days following
receipt of the Employer's answer shall be waived.
Step 4: If after seven (7) calendaz days following the response of the Employer in Step 3 the grievance
remains unresolved, the Union, through written notice to the Employer, may request
azbitration of the grievance. The arbitration proceedings shall be conducted by an azbitrator to
be selected by mutual agreement of the Employer and the Union 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 parry may request the Bureau of Mediarion Services to
submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to
strike two (2) names from the paneL The Union shall strike the first (lst) name; the Employer
shall then strike one (1) name. The process will be repeated and the remaining person shall be
the arbitrator.
20.5
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The azbitrator shall have no right to amend, modify, 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 Employer and the Union, 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 appiicarion of laws, rules or regulations having
the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) 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 azbitrator'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 Employer, the Union and the employees.
20.6 The fees and expenses for the azbitrator's services and proceedings shall be bome equally by the
Employer and the Union, provided that each party shall be responsible for compensating its own
representative and witnesses. If either party desires a verbafim record of the proceedings, it may cause
such a record to be made, providing it pays for the record.
20.7 The tune limits in each step of this procedure may be extended by mutual agreement of the Employer
and the Union.
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ARTICLE 21- RIGHT OF SUBCONTRACT
.211 The Employer may, at any time during the duration of this Agreement, contract out work done by the
employees covered by this Agreement. In the event that such contracting would result in a reduction of
the work force covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day
notice of the intenrion to subcontract.
21.2 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made
only to employers who qualify in accordance with Ordinance No. 14013.
ARTICLE 22 - NONDISCRIMINATION
22.1 The terms and conditions of this Agreement will be applied to employees equally without regazd to, or
discrimination for or against, any individual because of race, color, creed, sex, age, disability, or because
of inembership or non-membership in the iJNION.
22.2 Employees wili perform their duties and responsibilities in a nondiscriminatory manner as such duties
and responsibilities invoive other employees and the general public.
ARTICLE 23 - SEVERABILITY
�.1 In the event that any provision(s) of this Agreement is declazed to be contrary to law by proper
legislative, administrative, or judicial authority from whose finding, determination, or decree no appeal
is taken, such provision(s) sha11 be voided. All other provisions shall continue in fizll force and effect.
23.2 The parties agree to, upon written nofice, enter into negotiations to place the voided provisions of the
Agreement in compliance with the legislative, administrative, or judicial determination.
ARTICLE 24 - WAIVER
24.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this
Agreement, each had the right and opportunity to make proposals with respect to any subject conceming
the terms and conditions of employment. The agreements and understandings reached by the parties
after the exercise of this right are fully and completely set forth in this Agreement.
24.2 The Employer and the Union agree, for the duration of this Agreement, that the other parry 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 Union and Employer may, however, mutually agree
to modify any provision of this Agreement.
243 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations
regarding the terms and conditions of employment, to the ea�tent they aze inconsistent with this
� Agreement, aze hereby superseded.
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ARTICLE 25 - CITY MILEAGE
� Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative
Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own
automobiles in the performance of their duties, the following provisions aze adopted.
252 Method of Computarion: To be eligible for such reimbursement, all officers and employees must
receive written authorization from the Departrnent Head.
Type 1:
If an employee is required to use his/her own automobile OCCASIONALLY during employment, the
employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually
used in performing the duties of the employee's position. In addition, the employee shall be reunbursed
$.20 per mile for each mile actually driven.
If such employee is required to drive an automobile during employment and the department head or
designated representative determines that an employer vehicle is available for the employee's use but the
employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of
$.20 per mile driven and shali not be eligible for any per diem.
Type 2:
If an employee is required to use his/her own automobile REGULARI,Y during employment, the
employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the
employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required
• to drive an automobile during employment and the department head or designated representative
determines that an employer vehicle is available for the employee's use but the employee desires to use
his/her own automobile, then the employee shatl be reimbursed at the rate of $.20 per mile driven and
shall not be eligible for any per diem.
This Article 25.2 shall become effective on the first day of the first month following the date of the
signing of this Agreement.
25.3 The City will provide parking at the Civic Center Pazking Ramp for City empioyees on either of the
above mentioned types of reimbursement plans who aze required to have their personal caz available for
City business. Such parking will be provided only for the days the employee is required to have his or
her own personal caz available.
25.4 Rules and Regulations: The Mayor shali adopt rules and regulations governing the procedures for
automobile reimbursement. Such regulations and rules shall contain the requirement that recipients shall
file daily reports indicating miles driven and shall file monthly affidavits stating the number of da.ys
worked and the nuxnber of miles driven, and fiirther require that they maintain automobile liability
insurance in amounts of not less than $100,000/$300,000 far personal injury, and $25,000 for property
damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of
Saint Paul named as an additional insured. These rules and regulations, together with the amendment
thereto, shall be maintained on file with the City Clerk.
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ARTICLE 26 - DURATION AND PLEDGE
4 �
�.1 This Agreement shall become effective as of the date of signing, except as specifically provided
otherwise in Articies 11 and 12, and shall remain in effect through the 30th day of April, 2004 and
continue in effect from year to year thereafter uuless notice to change or to terminate is given in the
manner provided in 26.2.
26.2 If either pariy desires to terminate or modify this Agreement, the pariy wishing to modify or temunate
the Agreement shall give written notice to the other party, not more than ninety (90) or less than sixty
(60) calendar days prior to the expiration date, provided that the Agreement may only be so terminated
or modified effective as of the expiration date.
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ARTICLE 26 - DURATION AND PLEDGE (Continued)
3 In consideration of the terms and conditions of employxnent established by this Agreement and the
recognition that the Crrievance Procedure herein established is the means by which grievances
concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that
during the term of the Agreement:
263(1) The Union and the employees will not engage in, insfigate, or condone any concerted action in
which employees fail to report for duty, willfully absent themselves from work, stop work,
siow down their work, or absent themselves in whole or part from the full, faithfixl
performance of their dufies of employment.
263(2) The Employer will not engage in, instigate, or condone any lock-out of employees.
26.3(3) This constitutes a tentative agreement between the parties which will be recommended by the
Director of Labor Relations, but is subject to the approval of the Administration of the City
and the City Council and is also subject to ratification by the Union.
Agreed to and attested to as the full and complete understanding of the parties for the period of time
herein specified by the signature of the following representatives for the Employer and the Union.
WITNESSES:
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CITY OF SA1NT PAUL
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ason Sc ' t
Labor Relations Specialist
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.
OPERATIVE PLASTERERS AND
CEMENT MASONS INTERNATIONAL
ASSOCIATION, LOCAL 633
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Larry Bennett
Business Representative
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Date
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Director of Labor Relations
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APPENDIX A
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The classes of positions recognized by the Empioyer as being exclusively represented by the Union are as
follows:
Cement Finisher
Apprentice
Building Inspector-Cement Finisher
and other classes of positions that may be established by the Employer where the duties and responsibilities
assigned and aze determiued by the Bureau of Mediation Service to appropriately represented by this
bargaining unit.
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APPENDIX B
• All necessary hand tools.
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APPENDIX C
. Tiie basic houriy wage rate for temporary employees appointed to the foilowing ciasses of positions shall be:
Effective
5/5/O1
Cement Finisher
$26.19*
Effective Effective
5/1/2002 5/1/2003
(Or closest payperiod)
s* ***
2. The basic hourly wage rate for provisional, regulaz and probationary employees appointed to the following
classes of positions shall be:
Effective
5/5/01
Cement Finisher
$24.90*
Effective Effective
5/2002 5/2003
(Or ciosest payperiod)
** *+*
* This rate includes the taxable Savings Plan deduction of $3.45.
� The basic hourly wage rate for temporary employees whose length of service and earnings require that they
be subject to Public Employees Retirement Association contributions shall be the rate shown in this
Appendix "C" for such employees in such classes divided by 1.0518.
The State of Minnesota has passed legislation to change the Public Employees Retirement Association
(PERA) contribution rates for employers and employees. When the rates change, the rates listed above will
change accordingly.
** Effective 5/1/2002 (or closest payperiod) an additional $$1.85 per hour shail be added to the total
package. The parties will agree prior to that date as to the distribution of the increase betuveen the wages
and fringes
*** Effective 5/1/2003 (or closest payperiod) an additionai $$1.80 per hour shall be added to the total
package. The parties will agree prior to that date as to the distrihution of the increase between the wages
and fringes
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APPENDIX D
�ective May 5, 20Q1 the Employer shall:
(1) contribute to a Aealth and Welfare Fund $2.86 per hour for all hours worked by participating emgioyees.
(2) conhibute to Part A of the Pension Fund $5.45 per hour for all hours worked by participating employees_
(3) deduct for a Savings Plan $3.45 per hour from which payroll deductions have been made for all hours
worked by participating empioyees covered by this Agreement.
(4) contribute to an Apprenriceship Fund $030 per hour for a11 hours worked by participating employees.
The above contributions may be increased or decreased as long as the appiicable hourly rates in AppendiY C for
employees ate decreased or increased by the same total amount.
A11 contributions made in accordance witti this Appendix D shall be forwazded to depositories as directed by the
Union.
The Employer shall establish Worker's Compensation and Unemployment Compensation programs as required
by Minnesota Statutes.
Participating employees covered by this Agreement, shall not be eligibie for, governed by, or accumulate
� ation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that aze or may be established
Civil Service Rules, Council Ordinance or Council Resolutions.
The Employer's fringe benefit obligation is limited to the contributions and/or deductions established by this
Agreement. The actual level of benefits provided to employees shatl be the responsibility of the Trustees of the
various funds to which the Employer has forwazded contributions and/or deductions.
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HPPENDIX E
. l��iORA:r�DU�i OF AGREE.I4E:VT BET'WEEN
THE CITY OF SALV'T PAUL
���
THE OPER�TIVE PLASTERERS Ai'iD CE:1��1T I�SONS Pi t'TERIVATIONAI.
, �SSOCL�,'ITON, LOC?.L 633
This AV*ee°.ment is eatered into by and be:ween the Ciry of Saint Paul (City) and the Ope:arive
Plastere:s and CemeatMasons International?ssoc:ation, Local633 (Union) who represeau ce:tain
employees at the Saint Paui Regional Water Utiliry for the purpose of providing a unifor� allowance
for those employees.
The Ciry and Unions agree that the City will provide each full-time employe� workinQ at rhe Wacer
Utility in the title of Cemeat Finisher who is reauired to wear a specined uniform with an annual
uniiorm ailowance of � 125. Employees must present receipu to the Wate: Utiliry to be reirnbursed.
Employees will be required to wear the uniform while on duty and will be responsibie for the caze
and uDkeep of their uniforms.
•'/ ����1 Date 7 / 3�// (/ `" _� V��%w(1 Date 7—� Ol�
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. t�hy Vle�am,r I � L Bennett
City of St^Paul La_ or Relations Director Business Represeatative
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ORIGI�IAL
RESOLUTIQN
CITY OF SAINT PAUL, MINNESOTA
Presented by_
Refesed To
CouncilFile# p��70
Green Sheet # 106846
Committee Date
[1
2 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
May 1, 2001 through Apri130, 2004 Maintenance Labor Agreement between the City of Saint Paul and
Operative Plasterers and Cement Masons International Association, Local #633.
Requested by Department oE
by Council
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O ice of Labor Relarions
By:
Form App ved by „' ttomey
B ��UO f
Approved� Mayor for S bmission to Council
By:
Adopted by Council: Date �,,,�. .\ - . \ �_e.15,�`
V
DEPARTMENT/OFF7CFJCOUNCII.: DATE INITIATED GREEN SHEET No.: 106846 C) t-70�
LABOR RELATIONS June 29, 2001
CONTACf PERSON & PHONE: q niE AnitpvpprE
NLIE KRAUS 266-6488
ASSIGN 1 DEPARThfENT D 4 CITY CAUNCII.
NUMBER 2 CiT7' ATI'ORNEY - CiTY CLERK
MUST BE ON COUNCII. AGENDA BY (DA'I� FOR BUDCEf DIl2. � FIN. & MGT. SERVICE DIIL
ROUTING 3 MAYOR (OR ASST.)
ORDER
TOTAL # OF SIGNATURE PAGES i (CLIp ALL LOCATIONS FOR SIGNATURE)
ncriox �QUESrEU: This resolution approves the attached May i, 2001 through April 30, 2004 Maintenance Labor
Agreement between the City of Saint Paul and Operative Plasterers and Cement Masons International Association,
Local #633.
RECOM[v�NDA1TONS: Approve (A) or Reject (R) PERSONAI. SERV[CE CON"CRACCS MOST ANSWER THE FOLLOWING
QUESTIONS:
_PLANNING COMhIISSION _CIVIL SERVICE COMIvIISSION 1. Has this pecsodfvm ever worked under a contrac[ for thu depaztrnent?
_CIB COMMI1'fEE Yes No
STAFF 2. Has thu persoNBrm ever been a ciTy empioyee?
_DISIRICT COURT Yes No
SUPPORTS WHICH COUNCIL OBIECTIVE? 3. Dces this petson/firm possess a skill not normalty possessed by any cuRrnt city empbyee?
Yes No
Expiain aii yes aoswers an separah sheet and attach to grem sheet
INTLIATING PROBLEM, ISSUE, OPPORTUNITY (Who, Whay When, Where, Why):
The Maintenance Labor Agreement expired on Apri130, 2001
n a^;��C
t� p ��„
" ADVANTAGES IF APPROVED: � �'°
There would be an Agreement in place through Apri130, 2004 ��� Q� 2 ���
DISADVANTAGESIFAPPROVED: - - , _, - "
`, „
None
DLSADVAN'1'AGES IF NOT APPROVED:
No agreement in place - labor unrest.
TOTAL AMOUNT OF TRANSACCION: COST/REVENUE BUDGETED:
FUNDING SOURCE: AC'I1V1TY NUMBER:
FINANCIAL I[VFORMATION: (EXPLAIlN)
ot.?aa
ATTACHMENT TO 1'HE GREEN SHEET
MAINTENANCE LABOR AGREEMENT WITH
THE OPERATIVE PLASTERERS AND CEMENT MASONS
INTERNAT'IONAL ASSOCIATION LOCAL #633
Below is a summary of the changes in the Maintenance Labor Agreement between the City of
Saint Paul and the Operative Plasterers and Cement Masons International Association Local
#633.
Duration•
May 1, 2001 through Apri130, 2004.
Wages:
The City agreed to the prevailing wage rate.
Language•
Changes to the language were basically of a housekeeping nature for ciarification and clean up.
G:VSharcd�LRCOMMON�CONTRACTICEMENT\2001\gnshtattachmeritwpd
�-d
, ,�.-. � . __ . � " _ _
- _ .. . . ___ . _. -- 0��7��.
_ MAY l, 2001 TO APRIL 30; 2004
�._
,-
-
- MAINTENAN�E LAB�R AGREEMENT -
� -� � . � - �etvveen - . �. � �_ � - -
` �H� GIT1' OF` SAINT PAUL.. �
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. and ��
... _ .
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° OPERAT�VE PL�S'I'�RER� AND CE1�3ENT MASE�NS
�1�TERNATI,OI�TAL ASSOCIATION; LOCAL 633
�� , � - �_ � -� � � -
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INDEX
�TTCLE TITLE PAGE
Preamble............................................................. ii
1 Purpose-•---� ................................................•--•--••--
2 Recognition .........••--••• ............................................I
3 Employer Rights ........................................................1
4 Union Rights ...........................................................2
5 Scope of Agreement ......................................................2
6 Probationary Periods .....................................................2
7 Hoursof Work ..........................................................3
8 Overtime ..............................................................3
9 CaIlBack/Ca11In ........................................................4
10 Work Location ..........................................................4
11 Wages .................................................................4
12 Fringe Benefits ..........................................................4
13 Holidays ...............................................................5
14 Discipiinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
15 AbsencesFrom Work ....................................................6
� Seniority ...............................................................6
17 Jurisdiction .............................................................7
18 Sepazation .............................................................7
19 Tools .................................................................7
20 Grievance Procedure .................................................... 8
21 Rightof Subcontract ....................................................10
22 Nondiscrimination ......................................................10
23 Severability ...........................................................10
24 Waiver ...............................................................10
25 City Mileage ...........................................................11
26 Duration and Pledge .....................................................12
AppendixA .......................................................... A1
AppendixB .......................................................... B1
AppendixC .......................................................... C1
AppendixD .......................................................... D1
Append'vcE .......................................................... E1
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• This Agreement is entered into between the CiTy of Saint Paul, hereinafter referred to as the Employer
and Operative Plasterers' and Cement Masons' Intemational Association of the United States and
Canada, Loca1633, hereinafter referred to as the Union.
The Employer and the Union concur that this Agreement has as its objecfive the promotion of the
responsibilities of the City of Saint Paul for the benefit of the general public through effective
labor-management cooperation.
The Employer and the Union both realize that this goal depends not only on the words in the Agreement
but rather primarily on attitudes between peopie at a11 levels of responsibility. Constructive attitudes of
� the City, the Union, and the individual employees will best serve the needs of the general public.
�
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ARTICLE 1- PURPOSE
l.l The Employer and the Union agree that the purpose for entering into this Agreement is to:
� 1.1(1) Achieve orderiy and peaceful relations, thereby establishing a system of uninterrupted operations
and the highest level of employee performance that is consistent with the safety and well-being
of all concemed;
1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed
upon by the Employer and the Union;
1.1(3) Establish procedures to orderly and peacefully resolve disputes as to the application or
interpretation of this Agreement without loss of productivity.
1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates
and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter
shall prevail. The parties, on written nofice, agree to negotiate that part in wnflict so that it conforms to
the statute as provided by Article 23 (SEVERABILITI�.
ARTICLE 2 - RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative for collective bazgaining purposes
for all personnel having an employment status of regular, probationary, provisional and temporary
• employed in the classes of positions defined in Appendix A as certified by the Bureau of Mediation
Services in accordance with Case No. 73-PR-525-A dated May 22, 1973.
ARTICLE 3 - EMPLOYER RIGHTS
3.1 The Employer retains the right to operate and manage ali personnel, facilities, and equipment; to
establish functions and programs; to set and amend budgets; to detemune the utilization of technology;
to establish and modify the organizational structure; to select, direct and determine the number of
personnel; and to perform any inherent manageriai function not specifically limited by this Agreement.
3.2 Any "term or condition of employment" not established by this Agreement shall remain with the
Employer to eliminate, modify, or establish following written notification to the Union.
��
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ARTICLE 4 - ITNION RIGHTS
�l The Union may designate one (1) employee from the bazgaining unit to act as a Stewazd and shall
inform the Employer in writing of such designation. Such employee shall have the rights and
responsibilities as designated in Article 20 (GRIEVANCE PROCEDURE).
42 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his/her
designated representative shall be permitted to enter the facilities of the Employer where employees
covered by this Agreement aze working.
ARTICLE 5- SCOPE OF THE AGREEMENT
5.1 This Agreement established the "terms and conditions of employmenY' defined by M.S. 179.63,
Subdivision 18 for all employees exclusively represented by the Union. This Agreement shall supersede
such "terms and conditions of employmenY' established by Civil Service Rule, Council Ordinance, and
Council Resolution.
ARTICLE 6 - PROBATIONARY PERIODS
6.1 All personnel, originally hired or rehired following sepazafion, in a regular employment status shall
serve a six (6) month probationary period during which time the employee's fitness and ability to
perform the position's duties and responsibilities shall be evaluated.
� 6.1(1) At any time during the probationary period an employee may be terminated at the discretion of
the Employer without appeal to the provisions of Article 20 (GRIEVANCE PROCEDIJFZE).
6.1(2) An employee terminated during the probationary period shall receive a written notice of the
reason(s) for such termination, a copy of which shall be sent to the Union.
6.2 All personnel promoted to a higher class shall serve a six (6) month promotional probationary period
during which time the employee's fitness and ability to perform the position's duties and responsibilities
shall be evaluated.
6.2(1) At any time during the promotional probationary period an employee may be demoted to the
employee's previously held class at the discretion of the Employer without appeal to the
provisions of Article 20 (GRIEVANCE PROCEDURE).
6.2(2) An employee demoted during the promotional probationary period shall be returned to the
employee's previously held class and shall receive a written notice of the reasons for demotion, a
copy of which shall be sent to the Union.
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ARTICLE 7- HOURS OF WORK
�1 The normal work day shall be eight (8) consecutive hours per day, excluding a fliirry (30) minute lunch
period between the hours of 7:00 a.m. and 5:30 p.m.
7.2 The normal work week shall be five (5) consecurive normal work days Monday through Friday.
73 If, during the term of this Agreement, it is necessary in the Employer's judgment to estabiish second and
third shifts, or a work week of other than Monday through Friday, the Union agrees to enter into
negotiafions immediately to establish the conditions of such shifts and/or work weeks.
7.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day
or per normal work week.
7.5 All employees shall be at the locafion designated by their supervisor, ready for work, at the established
starting time and shall remain at an assigned work location until the end of the established work day
unless otherwise directed by their supervisor.
7.6 All employees are subject to call back by the Employer as provided by Article 9(CALL BACK/CALL
IN).
7.7 Employees reporting for work at the established starting time and for whom no work is available shall
receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for
work prior Yo leaving home, or during the previous work c3ay.
�
ARTICLE 8 - OVERTIME
8.1 All overtime compensated by the Employer must receive prior authorization from a designated
Employer supervisor. No overtime work claim will be honored for payment or credit uniess approved in
advance. An overtime claim will not be honored, even though shown on the time cazd, unless the
required advance approval has been obtained.
8.2 The overtime rate of one and one-half (1.5) the basic hourly rate sha11 be paid for work performed under
the following circumstances:
8.2(1) Time worked in excess of eight (8) hours in any one normal work day, and
8.2(2) Time worked on a sixth (6th) day following a normal work week.
83 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the
foliowing circuxnstances:
83(1) Tune worked on a holiday as defined in Article 13.6 (HOLIDAYS);
8.3(2) Time worked on a seventh (7th) day following a normal work week.
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ARTICLE 8 - OVERTIME (Continued)
�4 For the purposes of calculating overtime compensation, overtime hours worked shall not be "pyranuded"
or compounded. Empioyees shall not be paid twice for the same hours.
8.5 Overtime hours worked as provided by this Article shall be paid in cash.
ARTICLE 9- CALL BACK/CALL IN
9.1 The Employer retains the right to call in or call back employees before an employee has started a normal
work day or normal work week and after an employee has compieted a normal work day or normal work
week.
9.2 Employees called in or called back shall receive a muumum of four (4) houxs straight time pay at the
basic hourly rate or shall be compensated in accordance with Article 8(OVEItTIME), when appiicable,
whichever is greater.
9.2(1) Notwithstanding Article 9.2, employees called in four (4) hours or less prior to their normal work
day shall complete the normal work day and be compensated only for overtime hours worked in
accordance with Articie 8 (OVERTIME).
�QRTICLE 10 - WORK LOCATION
�
10.1 Employees shail report to work location as assigned by a designated Employer Supervisor. During the
normal work day empioyees may be assigned to other work locations at the discretion of the Employer.
ARTICLE 11 - WAGES
11.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an
employee. No retroactive payment shall be made to any employee who has terminated his/her
empioyment prior to signing of the new Agreement.
11.2 Regular, Provisional and temporary empioyees shall be considered, for the purposes of this Agreement,
"Participating Employees" and shall be compensated in accordance with Article 1 l.l (WAGES) and
have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 12
(FRINGE BENEFITS).
ARTICLE 12 - FRINGE BENEFITS
12.1 The Employer shall, for all hours worked, make contributions on behalf of and/or make deductions from
• the wages of "participating employees" covered by this Agreement in accordance with Appendvc D.
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ARTICLE 13 - HOLIDAYS
13.1
�
The following ten (10) days shall be designated as holidays:
New Yeaz's Day, January 1
Martin Luther King Day, third Monday in January
Presidents' Day, third Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, first Monday in September
Veterans' Day, November 11
Thanksgiving Day, fourth Thursday in November
Day After Thanksgiving, fourth Friday in November
Christmas Day, December 25
13.2 When New Yeaz's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday
shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the
preceding Friday shall be considered the designated holiday.
133 The ten (10) holidays shall be considered non-work days.
13.4 If, in the judgment of the Employer, personnel aze necessary for operating or emergency reasons,
employees may be scheduled or "called in or called back" in accordance with Article 9(CALL
BACK/CALL II�.
�.5 Participating Employees, as defined in Article 11.2, assigned to work on Martin Luther King Day,
Presidents' Day, Veterans' Day, or the Day After Thanksgiving, shall be compensated on a straight time
basis for hours worked.
13.6 Such Participating Empioyees assigned to work on New Yeaz's Day, Memoriai Day, Independence Day,
Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the
basic hourly rate for such hours worked.
ARTICLE 14 - DISCIPLINARY PROCEDURES
14.1
14.2
�
The Employer shall have the right to impose disciplinary actions on empioyees for just cause.
Disciplinary actions by the Employer shall include oniy the following actions:
14.2(i) Oral reprimand.
14.2(2) Written reprimand.
14.2(3) Suspension.
14.2(4) Demotion.
14.2(5) Discharge.
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ARTICLE 15 - ABSENCES FROM WORK
�5.1 Employees who are unable to report for their normal work day have the responsibility to notify theu
supervisor of such absence as soon as possible, but in no event later than the beginning of such work
day.
15.2 Failure to make such notification may be grounds for discipline as provided in Article 14
(DISCIPLINARY PROCEDURES).
15.3 Failure to report for work without notification for three (3) consecutive normal work days without
notification to the Employer may be considered by the Employer to be a"quit" on the part of the
empioyee.
ARTICLE 16 - SENIORITY
16.1 Seniority, for the purposes of this Agreement, shall be defined as follows:
16.1(1) "Master Senioriry" - The length of continuous regulaz and probationary service with the
Employer from the last date of employment in any and all class titles covered by this
Agreement.
16.1(2) "Class Seniority" - The length of continuous regulaz and probationary service with the
Employer from the date an employee was first appointed to a class title covered by this
• Agreement.
16.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted
for a period of less than thiriy (30) calendar days; is granted because of illness or injury; is granted to
allow an employee to accept an appointment to the unclassified service of the Employer or to an elected
or appointed full-time position with the Union.
163 Seniority shall terminate when an employee refires, resigns, or is discharged.
16.4 In the event it is determined by the Employer that it is necessary to reduce the work force, employees
wili be laid off by class title within each department based on inverse length of "Class Seniority".
Employees laid off shall have the right to reinstatement in any previously held lower paid class title
covered by this Agreement, provided such employee has greater "Class Seniority" than the employee
being replaced.
16.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority",
subject to the approval of the Employer.
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ARTICLE 17 - JITRISDICTION
� Disputes concerning work jurisdiction between and among unions is recognized as an appropriate
subject for determination by the various unions representing employees ofthe Employer.
17.2 The Employer agrees to be guided in the assigiment of work jurisdiction by any mutual agreements
between the unions involved.
173 In the event of a dispute concerning the performance or assignment of work, the unions involved and the
Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall
restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the
dispute, or to restrict the Employer's basic right to assign work.
17.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 172 and
173 above shall be subject to disciplinary action as provided in Article 14 (DISCIPLINARY
PROCEDURES).
17.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work
assignment.
ARTICLE 18 - SEPARATION
�1 Employees having a probationary or regulaz employment status shall be considered sepazated from
employment based on the following actions:
18.1(1) Resignation. Employees resigning from employment shall give written notice fourteen
(14) calendaz days prior to the effecfive date of the resignation.
18.1(2) Discharge. As provided in Article 14.
18.1(3) Failure to Report for Duty. As provided in Article 15.
18.2 Employees having a temporary or provisional employment status may be temunated at the discretion of
the Employer before the completion of a normal work day.
ARTICLE 19 - TOOLS
19.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B.
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ARTICLE 20 - GRIEVANCE PROCEDURE
�20.1 The employer shall recognize the Stewazd selected in accordance with Union rules and regulations as the
grievance representative of the bargaining unit. The Union shall notify the Empioyer in writing of the
name of the Stewazd and of his/her successor when so detemuned.
20.2 Tt is recognized and accepted by the Employer and the Union that the processing of grievances as
hereinafter provided is limited by the job duues and responsibilities of the employees and shall therefore
be accompiished during working hours only when consistent with such employee duties and
responsibilities. The Stewazd involved and a grieving employee shall suffer no loss in pay when a
grievance is processed during working hours, provided the Stewazd and the employee have notified and
received the approval of their supervisor to be absent to process a grievance, and that such absence
would not be detrimental to the work programs of the Employer.
203 The procedure established by this Article shall be the sole and exciusive procedure for the processing of
grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. It is
understood that issues not related to terms and conditions of employment (for example: topics listed in
Civil Service Rule 26III A, B, C- performance reviews, examinations and classification) shall continue
to be processed in accordance with the grievance procedure outlined in the Civil Service Rules.
20.4 Grievances shall be resolved in conformance with the following procedure:
Step 1: Upon the occurrence of an alleged violation of this Agreement, the employee involved shall
attempt to resolve the matter on an informal basis with the 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 facts on which it is based, the alleged section(s) of the
Agreement violated, and the relief requested. Any alleged violation of the Agreement not
reduced to writing by the Union and submitted to the Employer within seven (7) calendar days
of the first occurrence of the event giving rise to the grievance, shall be considered waived.
The first occurrence shall be either the actual date of the occurrence or the date by which,
through the exercise of reasonable diligence, the Union should have known of the alleged
violation.
Step 2: Within seven (7) calendar days after receiving the written grievance, a designated Employer
Supervisor shall meet with the Union Stewazd and attempt to resolve the grievance. If, as a
result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to
the Union within three (3) calendaz days following this meeting. The Union may refer the
grievance in writing to Step 3 within seven (7) calendar days foIlowing receipt of the
Employer's written answer. Any grievance not referred in writing by the Union within seven
(7) calendaz days following receipt of the Employer's answer shall be considered waived.
.
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ARTICLE 20 - GRIEVANCE PROCEDURE (Continued)
Step 3: Within seven (7) calendaz days foilowing receipt of a grievance refened from Step 2, a
� designated Employer supervisor shali meet with the Union Business Manager or his
designated representative and attempt to resolve the grievance. Within seven (7) calendar days
following this meeting, the Employer shall reply in writing to the Union stating the Employer's
answer concerning the grievance. If as a result of the written response the grievance remains
unresolved, the Union may refer the grievance to Step 4. Any grievance not reduced to
writing by the Union and submitted to the Employer within seven (7) calendar days following
receipt of the Employer's answer shall be waived.
Step 4: If after seven (7) calendar days following the response of the Employer in Step 3 the grievance
remains unresolved, the Union, through written notice to the Employer, may request
azbitration of the grievance. The azbitration proceedings shall be conducted by an arbitrator to
be selected by mutual agreement of the Employer and the Union within seven (7) calendaz
days after notice has been given. If the parties fail to mutually agree upon an azbitrator within
the said seven (7) day period, either party may request the Bureau of Mediation Services to
submit a panel of five (5) azbitrators. Both the Employer and the Union shall have the right to
strike two (2) names from the panel. The Union shall strike the first (lst) name; the Employer
shall then strike one (1) name. The process will be repeated and the remaining person shali be
the azbiirator.
20.5 The azbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the
provisions of this Agreement. The azbitrator shall consider and decide only the specific issue submitted
� in writing by the Employer and the Unlon, 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 and effect of law. The azbitrator's decision shall be submitted in writing within thirty (30) 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 azbitrator'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 Employer, the Union and the employees.
20.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the
Empioyer and the Union, provided that each party shall be responsible for compensating its own
representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause
such a record to be made, providing it pays for the record.
20.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer
and the Union.
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ARTICLE 21 - RIGHT OF SUBCONTRACT
� 1 The Employer may, at any time during the duration of this Agreement, contract out work done by the
employees covered by ttus Agreement. In the event that such contracting would result in a reduction of
the work force covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day
notice of the intenrion to subcontract.
21.2 The subcontracting of work done by the employees covered by this Agreement shali in all cases be made
only to empioyers who qualify in accordance with Ordinance No. 14013.
ARTICLE 22 - NONDISCRIMINATION
22.1 The terms and 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, disability, or because
of inembership or non-membership in the IJNION.
22.2 Employees will perform their duties and responsibilities in a nondiscruninatory manner as such duties
and responsibilities involve other employees and the general public.
ARTICLE 23 - SEVERABILITY
�1 In the event that any provision(s) of this Agreement is deciazed to be contrary to law by proper
legislative, administrative, or judicial authority from whose fmding, determination, or decree no appeal
is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect.
23.2 The parties agree to, upon written notice, enter into negotiations to piace the voided provisions of the
Agreement in compliance with the legislative, administrative, or judicial deternunation.
ARTICLE 24 - WAIVER
24.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this
Agreement, each had the right and opportunity to make proposals with respect to any subject conceming
the terms and conditions of employment. The agreements and understandings reached by the parties
after the exercise of this right aze fully and completely set forth in this Agreement.
24.2 The Employer and the Union agree, for the duration of this Agreement, that the other party shall not be
obligated to meet and negotiate over any term or conditions of employment whether specifically covered
or not specifically covered by tlus Agreement. The Union and EmployeT may, however, mutually agree
to modify any provision of this Agreement.
243 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations
regazding the terms and conditions of employment, to the ea�tent they aze inconsistent with this
� Agreement, aze hereby superseded.
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ARTICLE 25 - CITY MILEAGE
�.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative
Code, as amended, pertain'vng to reimbursement of City officers and employees for the use of their own
automobiles in the performance of their duties, the following provisions aze adopted.
25.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must
receive written authorization from the Department Head.
Type 1:
If an empioyee is required to use his/her own automobile OCCASIONALLY during employment, the
employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually
used in perfomung the duties of the employee's position. In addition, the employee shall be reimbursed
$.20 per mile for each mile actually driven.
If such employee is required to drive an automobile during employment and the department head or
designated zepresentative determines that an employer vehicle is available for the employee's use but the
employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of
$.20 per mile driven and shall not be eligible for any per diem.
Type 2:
If an employee is required to use his/her own automobile REGLJLARLY during employxnent, the
employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the
employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required
� to drive an automobile during employment and the department head or designated representative
determines that an employer vehicle is available for the employee's use but the employee desires to use
his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and
shall not be eligible for any per diem.
This Article 25.2 shall become effective on the first day of the fust month following the date of the
signing of this Agreement.
25.3 The City will provide pazking at the Civic Center Parking Ramp for City employees on either of the
above mentioned types of reimbursement plans who aze required to have their personal caz available for
City business. Such pazking will be provided only for the days the employee is required to have his or
her own personal caz available.
25.4 Rules and Regulafions: The Mayor shall adopt rules and regulations goveming the procedures for
automobile reirnbursement. Such regulations and rules shall contain the requirement that recipients shall
file daily reports indicating miles driven and shall file monthly �davits stating the number of days
worked and the number of miles driven, and further require that they maintain automobile liability
insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for property
damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of
Saint Paul named as an additional insured. These rules and regulations, together with the amendment
thereto, shall be maintained on file with the City Clerk.
�
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ARTICLE 26 - DURATION AND PLEDGE
i This Agreement shall become effective as of the date of signing, except as specificaliy provided
otherwise in Articles 11 and 12, and shail remain in effect through the 30th day of April, 2004 and
continue in effect from yeaz to yeaz thereafter unless notice to change or to terminate is given in the
manner provided in 26.2.
26.2 If either pariy desires to terminate or modify this Agreement, the party wishing to modify or temunate
the Agreement shall give written notice to the other party, not more than ninety (90) or less than sixty
(60) calendaz days prior to the expiration date, provided that the Agreement may only be so terminated
or modified effective as of the expiration date.
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ARTICLE 26 - DURATION AND PLEDGE (Continued)
3 In consideration of the terms and conditions of employment established by this Agreement and the
recognition that the Crrievance Procedure herein established is the means by which grievances
concerniug its application or interpretation may be peacefuliy resolved, the parties hereby pledge that
during the term of the Agreement:
263(1) The Union and the employees will not engage in, instigate, or condone any concerted action in
which employees fail to report for duty, willfully absent themselves from work, stop work,
slaw down their work, or absent themselves in whole or part from the full, faithfid
performance of their dufies of employment.
263(2) The Employer will not engage in, instigate, or condone any lock-out of employees.
263(3) This constitutes a tentative agreement between the parties which will be recommended by the
Dizector of Labor Relations, but is subject to the approval of the Administration of the City
and the City Council and is also subject to ratification by the Union.
Agreed to and attested to as the full and complete understanding of the parties for the period of rime
herein specified by the signature of the following representatives for the Employer and the Union.
WITNESSES:
.
CITY OF SAINT PAUL
��
ason Sc 'dt
Labor Relations Specialist
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Kathenne L. Meg
D'uector of Labor
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Data
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OPERATIVE PLASTERERS AND
CEMENT MASONS INTERNATIONAL
ASSOCIATION, LOCAL 633
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L Bennett
Business Representative
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Date
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APPENDIX A
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The classes of positions recoa i�.ed by the Empioyer as being exclusively represented by the Union aze as
follows:
Cement Finisher
Apprentice
Building Inspector-Cement Finisher
and other classes of positions that may be established by the Employer where the duties and responsibilities
assigned and aze determined by the Bureau of Mediation Service to appropriately represented by this
bargaining unit.
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All necessary hand tools.
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APPENDIX C
� The basic hourly wage rate for temporary employees appointed to the following classes of positions shail be:
Effective
5/5/O1
Cement Finisher
$26.19*
Effective Effective
5/1/2002 5/1/2003
(Or closest payperiod)
** a*s
2. The basic hourly wage rate for provisional, regular and probationary employees appointed to the following
classes of positions shall be:
Effective
5/5/Oi
Cement Finisher
$24.90*
Effective Effective
5/2002 5/2003
(Or closest payperiod)
** *+*
* Tlus rate includes the taxable Savings Plan deduction of $3.45.
` The basic houriy wage rate for temporary employees whose length of service and earnings require that they
be subject to Public Employees Retirement Association conuibutions shall be the rate shown in this
Appendix "C" for such employees in such classes divided by 1.0518.
The State of Minnesota has passed legislation to change the Public Employees Retirement Association
(PERA) contribution rates for employers and employees. When the rates change, the rates listed above will
change accordingly.
** Effective 5/1/2002 (or closest payperiod) an additional $$1.85 per hour shall be added to the total
package. The parties wili agree prior to that date as to the distribution of the increase between the wages
and fringes
*** Effective 5/1/2003 (or closest payperiod) an additional $$1.80 per hour shall be added to the total
package. The parties will agree prior to that date as to the distribution of the increase beriveen the wages
and fringes
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APPENDIX D
�f'ective May 5, 2001 the Employer shall:
(1) contribute to a Heaith and Welfare Fund $2.86 per hour for ail hours worked by participating employees.
(2) contribute to Part A of the Pension Fund $5.45 per hour for all hours worked by participating employees.
(3) deduct for a Savings Plan $3.45 per hour from which payroll deductions have been made for all hours
worked by participating employees covered by this Agreement.
(4) contribute to an Apprenficeship Fund $030 per hour for all hours worked by participating employees.
The above contributions may be increased or decreased as long as the applicable hourly rates in Appendix C for
employees aze decreased or increased by the same total amount.
All contributions made in accordance with this Appendix D shail be forwarded to depositories as directed by the
Union.
The Employer shall establish Workez's Compensation and Unempioyment Compensation programs as required
by Minnesota Statutes.
Participating employees covered by this Agreement, shall not be eligibie for, governed by, or accumulate
� ca6on, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that aze or may be established
y Civil Service Rules, Council Ordinance or Council Resolutions.
The Employer's fringe benefit obligation is limited to the contributions andlor 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 forwazded contributions and/or deductions.
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HPPENDIX E
� l�l�iORANDUiI�i OF AGREEI��IT BETWEEN
'I'HE C1TY OF SAL`IT PAUL
Ai'lD
'I'HE OPER�TT��E PLASTERERS Al�� CE�N'T YIA,SONS INTERN�TIONAi.
A.SSOCIATION, LOCAI. 633
This A�eemeat is entere3 into by and be:weea the Ciry of Saint Paul (City) and the Ope:arive
Plaszere:s and Cemeat Masons Intemational Assoc:auon, Loca1633 (tJnion) who represeats ce:tain
employees at the Saint Paui Regionai Water Utiliry for the purpose of providin; a uniiorm allowance
for those employees.
The City and Unions aaree that the Ciry wili provide each fu1l=�ime employee working at the Water
litiliry in the title oi Cement Finisher who is reauired to wear a specified uniform with an annual
uniior.n allowance oi � 125. Employees must present receipts to the Water Utility to be reimbursed.
EmpIoyess will be reauired to wear the uniform while on duty and will be responsibie for the caze
and upke°p of their uniiorras.
�� ,
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Ciry oi St. Paul La, or elations Director Business Representative
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: MAY l, 2401-TO A�I2IL.34, 2004 .:<
MAIN'�ENtA�CE LABOR AGREEN�ENT
- bet�veen = :
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TI3E CITY OF SAINT FAUL
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OPERA'F�VE PLA�T�RE�S AND GEM�NT"MASONS
` . .IN'TERNATIONAL: ASSO��AT'IO1�; I�OC�L 633 �
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�TICLE TITLE
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Preamble ............................................................. ii
1 Purpose ................................................................1
2 Recognition ............................................................1
3 Empioyer Rights ........................................................1
4 Union Rights ...........................................................2
5 Scope ofAgreement ......................................................2
6 Probationary Periods .....................................................2
7 Howsof Work ..........................................................3
8 Overtime ..............................................................3
9 Ca1lBack/Ca11In ........................................................4
10 Work Location ..........................................................4
11
12
13
14
15
�
17
18
19
20
Wages .................................................................4
Fringe Benefits ..........................................................4
Holidays ...............................................................5
Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
AbsencesFrom Work ....................................................6
Seniority ......................,........................................6
Jurisdiction .............................................................7
Separation .............................................................7
Tools .................................................................7
Grievance Procedure .................................................... 8
21 Rightof Subcontract ....................................................10
22 Nondiscrimination ......................................................10
23 Severability ...........................................................10
24 Waiver ...............................................................10
25 City Mileage ...........................................................11
26 Duration and Piedge .....................................................12
Appendix .......................................................... A1
Appendix .......................................................... B1
Appendix .......................................................... C1
AppendiY .......................................................... D1
Appendix .......................................................... E1
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. This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer
and Operative Piasterers' and Cement Masons' Intemational Association of the United States and
Canada, Local 633, hereinafter referred to as the Union.
The Employer and the Union concur that this Agreement has as its objective the promotion of the
responsibilities of the City of Saint Paul for the benefit of the general public through effective
labor-management cooperation.
The Employer and the Union both realize that this goal depends not only on the words in the Agreement
but rather primarily on attitudes between people at all levels of responsibility. Constnxctive attitudes of
� the City, the Union, and the individual employees will best serve the needs of the generai public.
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ARTICLE 1- PiJRPOSE
1.1 The Employer and the Union agree that the purpose for entering into this Agteement is to:
� 11(1) Achieve orderly and peacefui relations, thereby establishiug a system of uninterrupted operations
and the highest level of employee performance that is consistent with the safety and well-being
of ali concemed;
1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed
upon by the Employer and the Union;
1.1(3) Establish procedwes to orderly and peacefully resolve disputes as to the application or
interpretation of this Agreement without loss of productivity.
1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates
and directs the Employer. If any part of this Agreement 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 23 (SEVERABILITI�.
ARTICLE 2 - RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes
for all personnel having an employment status of regulaz, probationary, provisional and temporary
� employed in the classes of positions defined in Appendix A as certified by the Bureau of Mediation
Services in accordance with Case No. 73-PR-525-A dated May 22, 1973.
ARTICLE 3 - EMPLOYER RIGI3TS
3.1 The Employer retains the right to operate and manage a11 personnel, facilities, and equipment; to
establish fixnctions and programs; to set and amend budgets; to determine the utilization of technology;
to establish and modify the organizational structure; to select, direct and determine the number of
personnel; and to perform any inherent managerial function not specifically limited by this Agreement.
3.2 Any "term or condition of employment" not established by this Agreement shall remain with the
Employer to eliminate, modify, or establish following written nofification to the Union.
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ARTICLE 4 - ITNION RIGHTS
� The Union may designate one (1) employee from the bazgaining unit to act as a Stewazd and shall
inform the Employer in writing of such designation. Such employee shall have the rights and
responsibilities as designated in Article 20 (GRLEVANCE PROCEDURE).
4.2 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his/her
designated representative shatl be permitted to enter the facilities of the Employer where employees
covered by this Agreement aze working.
ARTICLE 5- SCOPE OF THE AGREEMENT
5.1 This Agreement estabiished the "terms and conditions of employment" defined by M.S. 179.63,
Subdivision 18 for all employees exclusively represented by the Union. This Agreement shall supersede
such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and
Council Resolution.
ARTICLE 6 - PROBATIONARY PERIODS
6.1 All personnel, originally hired or rehired following sepazation, in a regulaz employment status shall
serve a six (6) month probationary period during which time the employee's fitness and ability to
perform the position's duties and responsibilities shall be evaluated.
� 6.1(1) At any time during the probationary period an employee may be terminated at the discretion of
the Employer without appeal to the provisions of Article 20 (GRIEVANCE PROCEDURE).
6.1(2) An employee terminated during the probationary period shall receive a written notice of the
reason(s) for such termination, a copy of which shall be sent to the Union.
6.2 All personnel promoted to a higher class shall serve a six (6) month promotional probationary period
during which time the employee's fitness and ability to perform the position's duties and responsibilities
shall be evaluated.
6.2(1) At any time during the promotional probationary period an employee may be demoted to the
employee's previously held class at the discretion of the Employer without appeal to the
provisions of Article 20 (GRIEVANCE PROCEDURE).
6.2(2) An empioyee demoted during the promotional probationary period shall be returned to the
employee's previously held ciass and shall receive a written notice of the reasons for demotion, a
copy of which shall be sent to the Union.
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ARTICLE 7- HOURS OF WORK
� The normal work day shall be eight (8) consecutive hours per day, exciuding a thirty (30) minute lunch
period between the hours of 7:00 am. and 530 p.m.
7.2 The normai work week shall be five (5) consecutive normal work days Monday through Friday.
73 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and
third shifts, or a work week of other than Monday through Friday, the Union agrees to enter into
negotiations immediately to establish the conditions of such siufts and/or work weeks.
7.4 This secrion shall not be construed as, and is not a guarantee of, any hours of work per normal work day
or per normal work week.
7.5 Ali employees shall be at the location designated by their supervisor, ready for work, at the established
starting time and shail remain at an assigned work location until the end of the established work day
unless otherwise directed by theu supervisor.
7.6 All employees are subject to call back by the Employer as provided by Article 9(CALL BACK/CALL
IN).
7.7 Employees reporting for work at the established starting time and for whom no work is available shall
receive pay for two (2) hours, at the basic hourly rate, unless nofification has been given not to report for
work prior to leaving home, or during the previous work day.
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ARTICLE 8 - OVERTIME
8.1 All overtime compensated by the Employer must receive prior authorization from a designated
Employer supervisor. No overtnne work claim will be honored for payment or credit unless approved in
advance. An overtime claim wili not be honored, even though shown on the time card, unless the
required advance approval has been obtained.
8.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under
the following circumstances:
8.2(1) Time worked in excess of eight (8) hours in any one normal work day, and
8.2(2) Tizne worked on a sixth (6th) day following a normal work week.
8.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the
foliowing circumstances:
83(1) Time worked on a holiday as defined in Article 13.6 (HOLIDAYS);
83(2) Time worked on a seventh (7th) day following a normat work week.
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ARTICLE 8 - OVERTIME (Continued)
� For the purposes of calculating overtune compensation, overtime hours worked shall not be "pyramided"
or compounded. Employees shall not be paid iwice for the same hours.
8.5 Overtime hours worked as provided by this Article shall be paid in cash.
ARTICLE 9- CALL BACK/CALL IN
9.1 The Employer retains the right to call in or call back employees before an employee has started a normal
work day or normal work week and after au employee has completed a normal work day or normal work
week.
9.2 Employees called in or called back shall receive a min;mum of four (4) hours straight time pay at the
basic hourly rate or shall be compensated in accordance with Article 8(OVERTIME), when applicable,
whichever is greater.
9.2(1) Notwithstanding Article 9.2, employees called in four (4) hours or less prior to their normal work
day shall complete the normal work day and be compensated only for overtime hours worked in
accordance with Article 8 (OVERTIME).
�TICLE 10 - WORK LOCATION
10.1 Employees shall report to work location as assigned by a designated Employer Supervisor. During the
normal work day employees may be assigned to other work locations at the discrefion of the Employer.
ARTICLE 11- WAGES
11.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an
empioyee. No retroactive payment shall be made to any employee who has terminated his/her
employment prior to sigung of the new Agreement.
11.2 Regulaz, Provisional and temporary employees shall be considered, for the purposes of this Agreement,
"Participating Employees" and shail be compensated in accordance with Article 1 l.l (WAGES) and
have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 12
(FRINGE BENEFITS).
ARTICLE 12 - FRINGE BENEFITS
12.1 The Employer shall, for a11 hours worked, make contributions on behalf of and/or make deductions from
� the wages of "participating empioyees" covered by this Agreement in accordance with Appendix D.
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ARTICLE 13 - HOLIDAYS
13.1
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The following ten (10) days shall be designated as holidays:
New Yeaz's Day, January 1
Martin Luther King Day, third Monday in January
Presidents' Day, third Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, first Monday in September
Veterans' Day, November 11
Thanksgiving Day, fourth Thursday in November
Day After Thanksgiving, fourth Friday in November
Christmas Day, December 25
13.2 When New Yeaz's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday
shall be considered the designated holiday. When any of these three (3) holidays fails on a Saturday, the
preceding Friday shall be considered the designated holiday.
133 The ten (10) holidays shall be considered non-work days.
13.4 If, in the judgment of the Employer, personnel aze necessary for operating or emergency reasons,
employees may be scheduled or "called in or called back" in accordance with Article 9(CALL
BACK/CALL IN).
�.5 Participating Employees, as defined in Article 11.2, assigned to work on Martin Luther King Day,
Presidents' Day, Veterans' Day, or the Day After Thanksgiving, shall be compensated on a straight time
basis for hours worked.
13.6 Such Participating Employees assigned to work on New Yeaz's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the
basic hourly rate for such hours worked.
ARTICLE 14 - DISCIPLINARY PROCEDURES
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The Empioyer shall have the right to impose disciplinary actions on empioyees for just cause.
Disciplinary actions by the Employer shall inciude only the following actions:
14.2(1) Oral reprimand.
14.2(2) Written reprimaud.
14.2(3) Suspension.
14.2(4) Demotion.
14.2(5) Dischazge.
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ARTICLE 15 - ABSENCES FROM WORK
� 1 Employees who are unable to report for their normal work day have the responsibility to notify their
supervisor of such absence as soon as possible, but in no event later than the beginning of such work
day.
152 Failure to make such notification may be grounds for discipline as provided in Article 14
(DISCIPLINARY PROCEDURES).
153 Failure to report for work without notification for three (3) consecurive normal work days without
notification to the Employer may be considered by the Employer to be a"quiY' on the part of the
employee.
ARTICLE 16 - SENIORITY
16.1 Seniority, for the purposes of this Agreement, shall be defined as follows:
161(1) "Master Seniority" - The length of continuous regulaz and probationary service with the
Employer from the last date of employment in any and all class titles covered by this
Agreement.
16.1(2) "Class Seniority" - The length of continuous regulaz and probationary service with the
Employer from the date an employee was first appointed to a class title covered by this
� Agreement.
16.2 Seniority shall not 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 appointment to the unclassified service of the Employer or to an elected
or appointed full-time position with the Union.
163 Seniority shall terminate when an employee rerires, resigns, or is dischazged.
16.4 In the event it is determined by the Employer that it is necessazy to reduce the work force, employees
will be laid off by class tiUe within each department based on inverse length of "Class Seniority".
Employees laid off shall have the right to reinstatement in any previously held lower paid class title
covered by this Agreement, provided such employee has greater "Class Seniority" than the employee
being replaced.
16.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority",
subj ect to the approval of the Empioyer.
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ARTICLE 17 - JURISDICTION
�1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate
subject for deterniination by the various unions representing employees of the Employer.
17.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements
between the unions involved.
173 In the event of a dispute conceming the performance or assignment of work, the unions involved and the
Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall
restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the
dispute, or to restrict the Employer's basic right to assign work.
17.4 Any employee refusing to perform work assigned by the Employer and as ciarified by Sectioivs 17.2 and
173 above shall be subject to disciplinary action as provided in Article 14 (DISCIPLINARY
PROCEDURES).
17.5 There shall be no work stoppage, slow down, or any disnxption of work resulting from a work
assignment.
ARTICLE 18 - SEPARATION
�l Employees having a probationary or regulaz employment status shatl be considered separated from
employment based on the following actions:
18.1(1) Resignation. Employees resigning from employment shali give written notice fourteen
(14) calendaz days prior to the effective date of the resignation.
18.1(2) Discharge. As provided in Articie 14.
18.1(3) Failure to Report for Duty. As provided in Article 15.
18.2 Employees having a temporary or provisional employment status may be terminated at the discretion of
the Employer before the completion of a normal work day.
ARTICLE 19 - TOOLS
19.1 All empioyees shall personally provide themselves with the tools of the trade as listed in Appendix B.
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ARTICLE 20 - GRIEVANCE PROCEDURE
20.1 The employer shall recognize the Stewazd selected in accordance with Union rules and regulations as the
• grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the
name of the Stewazd and of his/her successor when so detennined.
20.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as
hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore
be accomplished during working hours only when consistent with such employee duties and
responsibilities. The Stewazd involved and a grieving employee shall suffer no loss in pay when a
grievance is processed during working hours, provided the Stewazd and the employee have notified and
received the approval of their supervisor to be absent to process a grievance, and that such absence
would not be detrimentai to the work programs of the Employer.
203 The procedure established by this Article shall be the sole and exclusive procedure for the processing of
grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. It is
understood that issues not related to terms and conditions of empioyment (for example: topics listed in
Civil Service Rule 26III A, B, C- performance reviews, examinations and classification) shall continue
to be processed in accordance with the grievance procedure outlined in the Civil Service Rules.
20.4 Grievances shail be resolved in conformance with the following procedure:
Step 1: Upon the occurrence of an aileged violation of this Agreement, the employee involved shall
attempt to resolve the matter on an informal basis with the 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 facts on which it is based, the alleged section(s) of the
Agreement violated, and the relief requested. Any alleged violation of the Agreement not
reduced to writing by the Union and submitted to the Employer within seven (7) calendaz days
of the first occurrence of the event giving rise to the grievance, shall be considered waived.
The first occurrence shall be either the actual date of the occurrence or the date by which,
through the exercise of reasonable diligence, the Union should have known of the alleged
violation.
Step 2: Within seven (7) calendar days after receiving the written grievance, a desi�ated Employer
Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a
result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to
the Union within three (3) calendaz days following this meeting. The Union may refer the
grievance in writing to Step 3 within seven (7) calendar days following receipt of the
Employer's written answer. Any grievance not referred in writing by the Union wittun seven
(7) calendaz days following receipt of the Employer's answer shall be considered waived.
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ARTICLE 20 - 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 Union Business Manager or his
desi�ated representative and attempt to resolve the grievance. Within seven (7) calendaz days
following this meeting, the Employer shall reply in writing to the Union stating the Employer's
answer concerning the grievance. If as a result of the written response the grievance remains
unresolved, the Union may refer the grievance to Step 4. Any grievance not reduced to
writing by the Union and submitted to the Employer within seven (7) calendar days following
receipt of the Employer's answer shall be waived.
Step 4: If after seven (7) calendaz days following the response of the Employer in Step 3 the grievance
remains unresolved, the Union, through written notice to the Employer, may request
azbitration of the grievance. The arbitration proceedings shall be conducted by an azbitrator to
be selected by mutual agreement of the Employer and the Union 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 parry may request the Bureau of Mediarion Services to
submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to
strike two (2) names from the paneL The Union shall strike the first (lst) name; the Employer
shall then strike one (1) name. The process will be repeated and the remaining person shall be
the arbitrator.
20.5
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The azbitrator shall have no right to amend, modify, 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 Employer and the Union, 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 appiicarion of laws, rules or regulations having
the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) 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 azbitrator'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 Employer, the Union and the employees.
20.6 The fees and expenses for the azbitrator's services and proceedings shall be bome equally by the
Employer and the Union, provided that each party shall be responsible for compensating its own
representative and witnesses. If either party desires a verbafim record of the proceedings, it may cause
such a record to be made, providing it pays for the record.
20.7 The tune limits in each step of this procedure may be extended by mutual agreement of the Employer
and the Union.
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ARTICLE 21- RIGHT OF SUBCONTRACT
.211 The Employer may, at any time during the duration of this Agreement, contract out work done by the
employees covered by this Agreement. In the event that such contracting would result in a reduction of
the work force covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day
notice of the intenrion to subcontract.
21.2 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made
only to employers who qualify in accordance with Ordinance No. 14013.
ARTICLE 22 - NONDISCRIMINATION
22.1 The terms and conditions of this Agreement will be applied to employees equally without regazd to, or
discrimination for or against, any individual because of race, color, creed, sex, age, disability, or because
of inembership or non-membership in the iJNION.
22.2 Employees wili perform their duties and responsibilities in a nondiscriminatory manner as such duties
and responsibilities invoive other employees and the general public.
ARTICLE 23 - SEVERABILITY
�.1 In the event that any provision(s) of this Agreement is declazed to be contrary to law by proper
legislative, administrative, or judicial authority from whose finding, determination, or decree no appeal
is taken, such provision(s) sha11 be voided. All other provisions shall continue in fizll force and effect.
23.2 The parties agree to, upon written nofice, enter into negotiations to place the voided provisions of the
Agreement in compliance with the legislative, administrative, or judicial determination.
ARTICLE 24 - WAIVER
24.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this
Agreement, each had the right and opportunity to make proposals with respect to any subject conceming
the terms and conditions of employment. The agreements and understandings reached by the parties
after the exercise of this right are fully and completely set forth in this Agreement.
24.2 The Employer and the Union agree, for the duration of this Agreement, that the other parry 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 Union and Employer may, however, mutually agree
to modify any provision of this Agreement.
243 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations
regarding the terms and conditions of employment, to the ea�tent they aze inconsistent with this
� Agreement, aze hereby superseded.
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ARTICLE 25 - CITY MILEAGE
� Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative
Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own
automobiles in the performance of their duties, the following provisions aze adopted.
252 Method of Computarion: To be eligible for such reimbursement, all officers and employees must
receive written authorization from the Departrnent Head.
Type 1:
If an employee is required to use his/her own automobile OCCASIONALLY during employment, the
employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually
used in performing the duties of the employee's position. In addition, the employee shall be reunbursed
$.20 per mile for each mile actually driven.
If such employee is required to drive an automobile during employment and the department head or
designated representative determines that an employer vehicle is available for the employee's use but the
employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of
$.20 per mile driven and shali not be eligible for any per diem.
Type 2:
If an employee is required to use his/her own automobile REGULARI,Y during employment, the
employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the
employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required
• to drive an automobile during employment and the department head or designated representative
determines that an employer vehicle is available for the employee's use but the employee desires to use
his/her own automobile, then the employee shatl be reimbursed at the rate of $.20 per mile driven and
shall not be eligible for any per diem.
This Article 25.2 shall become effective on the first day of the first month following the date of the
signing of this Agreement.
25.3 The City will provide parking at the Civic Center Pazking Ramp for City empioyees on either of the
above mentioned types of reimbursement plans who aze required to have their personal caz available for
City business. Such parking will be provided only for the days the employee is required to have his or
her own personal caz available.
25.4 Rules and Regulations: The Mayor shali adopt rules and regulations governing the procedures for
automobile reimbursement. Such regulations and rules shall contain the requirement that recipients shall
file daily reports indicating miles driven and shall file monthly affidavits stating the number of da.ys
worked and the nuxnber of miles driven, and fiirther require that they maintain automobile liability
insurance in amounts of not less than $100,000/$300,000 far personal injury, and $25,000 for property
damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of
Saint Paul named as an additional insured. These rules and regulations, together with the amendment
thereto, shall be maintained on file with the City Clerk.
�
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ARTICLE 26 - DURATION AND PLEDGE
4 �
�.1 This Agreement shall become effective as of the date of signing, except as specifically provided
otherwise in Articies 11 and 12, and shall remain in effect through the 30th day of April, 2004 and
continue in effect from year to year thereafter uuless notice to change or to terminate is given in the
manner provided in 26.2.
26.2 If either pariy desires to terminate or modify this Agreement, the pariy wishing to modify or temunate
the Agreement shall give written notice to the other party, not more than ninety (90) or less than sixty
(60) calendar days prior to the expiration date, provided that the Agreement may only be so terminated
or modified effective as of the expiration date.
.
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ARTICLE 26 - DURATION AND PLEDGE (Continued)
3 In consideration of the terms and conditions of employxnent established by this Agreement and the
recognition that the Crrievance Procedure herein established is the means by which grievances
concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that
during the term of the Agreement:
263(1) The Union and the employees will not engage in, insfigate, or condone any concerted action in
which employees fail to report for duty, willfully absent themselves from work, stop work,
siow down their work, or absent themselves in whole or part from the full, faithfixl
performance of their dufies of employment.
263(2) The Employer will not engage in, instigate, or condone any lock-out of employees.
26.3(3) This constitutes a tentative agreement between the parties which will be recommended by the
Director of Labor Relations, but is subject to the approval of the Administration of the City
and the City Council and is also subject to ratification by the Union.
Agreed to and attested to as the full and complete understanding of the parties for the period of time
herein specified by the signature of the following representatives for the Employer and the Union.
WITNESSES:
�
CITY OF SA1NT PAUL
y� ��%'t�
ason Sc ' t
Labor Relations Specialist
Z �
Dat
.
OPERATIVE PLASTERERS AND
CEMENT MASONS INTERNATIONAL
ASSOCIATION, LOCAL 633
�
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Larry Bennett
Business Representative
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Date
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Director of Labor Relations
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APPENDIX A
�
The classes of positions recognized by the Empioyer as being exclusively represented by the Union are as
follows:
Cement Finisher
Apprentice
Building Inspector-Cement Finisher
and other classes of positions that may be established by the Employer where the duties and responsibilities
assigned and aze determiued by the Bureau of Mediation Service to appropriately represented by this
bargaining unit.
C J
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APPENDIX B
• All necessary hand tools.
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APPENDIX C
. Tiie basic houriy wage rate for temporary employees appointed to the foilowing ciasses of positions shall be:
Effective
5/5/O1
Cement Finisher
$26.19*
Effective Effective
5/1/2002 5/1/2003
(Or closest payperiod)
s* ***
2. The basic hourly wage rate for provisional, regulaz and probationary employees appointed to the following
classes of positions shall be:
Effective
5/5/01
Cement Finisher
$24.90*
Effective Effective
5/2002 5/2003
(Or ciosest payperiod)
** *+*
* This rate includes the taxable Savings Plan deduction of $3.45.
� The basic hourly wage rate for temporary employees whose length of service and earnings require that they
be subject to Public Employees Retirement Association contributions shall be the rate shown in this
Appendix "C" for such employees in such classes divided by 1.0518.
The State of Minnesota has passed legislation to change the Public Employees Retirement Association
(PERA) contribution rates for employers and employees. When the rates change, the rates listed above will
change accordingly.
** Effective 5/1/2002 (or closest payperiod) an additional $$1.85 per hour shail be added to the total
package. The parties will agree prior to that date as to the distribution of the increase betuveen the wages
and fringes
*** Effective 5/1/2003 (or closest payperiod) an additionai $$1.80 per hour shall be added to the total
package. The parties will agree prior to that date as to the distrihution of the increase between the wages
and fringes
.
.�
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APPENDIX D
�ective May 5, 20Q1 the Employer shall:
(1) contribute to a Aealth and Welfare Fund $2.86 per hour for all hours worked by participating emgioyees.
(2) conhibute to Part A of the Pension Fund $5.45 per hour for all hours worked by participating employees_
(3) deduct for a Savings Plan $3.45 per hour from which payroll deductions have been made for all hours
worked by participating empioyees covered by this Agreement.
(4) contribute to an Apprenriceship Fund $030 per hour for a11 hours worked by participating employees.
The above contributions may be increased or decreased as long as the appiicable hourly rates in AppendiY C for
employees ate decreased or increased by the same total amount.
A11 contributions made in accordance witti this Appendix D shall be forwazded to depositories as directed by the
Union.
The Employer shall establish Worker's Compensation and Unemployment Compensation programs as required
by Minnesota Statutes.
Participating employees covered by this Agreement, shall not be eligibie for, governed by, or accumulate
� ation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that aze or may be established
Civil Service Rules, Council Ordinance or Council Resolutions.
The Employer's fringe benefit obligation is limited to the contributions and/or deductions established by this
Agreement. The actual level of benefits provided to employees shatl be the responsibility of the Trustees of the
various funds to which the Employer has forwazded contributions and/or deductions.
C�
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HPPENDIX E
. l��iORA:r�DU�i OF AGREE.I4E:VT BET'WEEN
THE CITY OF SALV'T PAUL
���
THE OPER�TIVE PLASTERERS Ai'iD CE:1��1T I�SONS Pi t'TERIVATIONAI.
, �SSOCL�,'ITON, LOC?.L 633
This AV*ee°.ment is eatered into by and be:ween the Ciry of Saint Paul (City) and the Ope:arive
Plastere:s and CemeatMasons International?ssoc:ation, Local633 (Union) who represeau ce:tain
employees at the Saint Paui Regional Water Utiliry for the purpose of providing a unifor� allowance
for those employees.
The Ciry and Unions agree that the City will provide each full-time employe� workinQ at rhe Wacer
Utility in the title of Cemeat Finisher who is reauired to wear a specined uniform with an annual
uniiorm ailowance of � 125. Employees must present receipu to the Wate: Utiliry to be reirnbursed.
Employees will be required to wear the uniform while on duty and will be responsibie for the caze
and uDkeep of their uniforms.
•'/ ����1 Date 7 / 3�// (/ `" _� V��%w(1 Date 7—� Ol�
� , -L.�� -�
. t�hy Vle�am,r I � L Bennett
City of St^Paul La_ or Relations Director Business Represeatative
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