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01-8014RIGINAL Presented Refesed To Committee Date RESOLUTION CITY OF SAINT PAUL, MINNESOTA Council File # ��3 Green Sheet # 106850 13 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 May 1, 2001 through Apri130, 2004 Maintenance Labor Agreement between the City of Saint Paul and the Bricklayers and Allied Craftworkers Loca1 Union No. 1 of Minnesota. Requested by Department o£ Office of Labor Relations By. � Form Appro d�,.AitQmey � By: ��/ _� Adopted by Council: Date � }o Adopuon Certified by Council Secret BY� ��. � 1-� --A - Approved by Mayor: Date /'7'�/A 4� (i(,Fy� By: Approv by Mayor f r Submission to Council B �� DEPARTMENT/OFFICE/COUNCIL: DATE INiTIATED GREEN SHEET No.: 106850 �, _` O � LABOR RELATIONS July 27, 2001 CONTACT PERSON & PHONE: p pTE I�R77�y/DA1.E NLIE KRAUS 266-6513 ASSIGN 1 DEPAR'iMENT DIR. 4 CITY COUNCIL NOMBER 2 CTLY ATTORNEY CITY CLERK M[7ST BE ON COUNCII. AGIIVDA BY (DATE) FOR BIIDGET DIIt � FIN. & MGT. SERVICE DIR. ROUTING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNATORE PAGES_1 (CLIP ALL LOCATIONS FOR SIGNATURE) ncriox �QuESx�n: This resolution approves the attached May 1, 2001 through Apri130, 2004 Maintenance Labor Agreement between the City of Saint Paul and the Bricklayers and Allied Craftworkers Loca1 Union No. 1 of Minuesota. RECOMMENDAITONS: Approve (A) or Reject (R) PERSONAL SERVICE CONIRACTS MiJST ANSWER THE FOLI.OWIlVG QUESTIONS: _PLANNING COMbIISSION _CIVIL SERVICE COMMISSION 1. Has this peison/Snn ever worked under a wntract for this depaztrnenY? _CIB COMtvIl"1'I'EE Yes No _STAFF 2. Has this person/firm ever been a city employee? DISIRICT COURT y� 7J - - — SUPPORTS WFIICH COUNCIL OBIECTIVE? _ 3. Does th�s persoNfirtn possess a skill not noxmal(y possessed by any cunent city employee? Yes No �— Expiain all yes answers ov separate sheet and attach to green eetSn�Q( arC� u INITIATING PROBLEM,ISSUE, OPPORT[JNITY (Who, What, When, Where, Why)� tp �� aJUL �! The existing contract expired Apri130, 2001. - ADVANTAGESIFAPPROVED� - �� - i An agreement in place through Apri130, 2004. This agreement has been ratified by the union members. DISADVANTAGES IF APPROVED: � None � DISADVANTAGES IF NOT APPROVED: 1Vo agreement in place - labor unrest. TOTAL AMOiJNT OF "1'RANSACTION: COST/REVENUE BUDGETED: F[1NDINGSOURCE: ' pCTIVITyNUMBER: FINANCIAL INFORNIATION: (EXPLAIN) d�-�O\ ATTACFINIENT TO THE GREEN SHEET MAINTENANCE LABOR AGREEMENT WITH THE BRICKLAYERS & ALLIED CRAFTWORI�RS LOCAL UNION NO.1 OF NIINNESOTA Below is a summary of the changes in the Maintenance Labor Agreement between the City of Saint Paul and the Bricklayers & Allied Craftworkers Local Union No. 1 of Minnesota. Duration• May 1, 2001 through Apri130, 2004. Waees: The City agreed to the prevailing wage rate. Employees who terminate their employment with the City prior to the signing of the new Agreement are prohibited from receiving retroactive payments. This language brings the Agreement into line with other Trades Agreements and provides an admimstrative savings since employees who haue separated employment will not need to be located. Milease• This unit will no longer use the per diem/20 cents/mile system and will instead be reimbursed at the current federal IRS mileage reimbursement rate. This change will greatly ease the administration of this program, saving costs and effort by payroll staff. Grievance Process: Procedure for filing a grievance clarified. The procedure outlined in the Agreement shall be used for all grievances except those of a purely Civil Service nature (performance reviews, examinations, classifications, etc.). Lan�uaQe: Changes to the language were basically of a housekeeping nature for clarification and clean up. G:\Shazed�I.RCOMMON�CONTRACIIBRICKI,YR�2001\gmshtattachment.wpd �, : , - . . . : _ � o a ��o� . '.; � .. _ _ . _ - � � � � iVIAY �; 2II01- APRII� 3A, �004 �' � � � - � ArIAINTENA�NCE LABOR AGREEkVIENT - ` `. �_ ° : �"__�� _ , � ��-be � � - tween �_ - � '1'�IE C�'I'Y O� SAIl�TT"PAUL .: : , �, - � � - Y � , . .. ..' . :- . - � . . ,1 � . .�. :. : d. _� > - . � "- - , - � and = . $RIC��LAXEItS &i ALLIED CRA��?V`OR�£ERS ` `. . , LOCAL II1vI�N: N0 '1'OF 1VI�NNE�OTA ; �� _ _. : -� INDEX �TICLE TITLE ol-go� PAGE Preambie ............................................................. ii 1 Purpose ................................................................I 2 Recognition ............................................................1 3 Employer Rights ........................................................i 4 Union Rights ...........................................................1 5 Scope ofthe Agreement ...................................................2 6 Probationary Periods .....................................................2 7 Hoursof Work ..........................................................3 8 Overtime ..............................................................3 9 CaIlBack/Ca11In ........................................................4 10 Work Location ..........................................................4 11 12 13 14 � 16 17 18 19 20 Wages .................................................................4 Fringe Benefit ..........................................................4 Holidays ...............................................................5 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 AbsencesFrom Work ....................................................6 Senioriiy ...............................................................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 Plan .......................................................11 26 Duration and Pledge .....................................................11 Appendix .......................................................... A1 Appendix .......................................................... BI Appendix .......................................................... CI • PREAMBLE � a!-SoJ This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the Bricklayers and Allied Craf[workers Local No. 1 of Minnesota hereinafter refeaed 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 generai 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 beriveen people at all levels of responsibility. Constructive attitudes �e Employer, the Union, and the individual empioyees wiil best serve the needs of the general public. • ii ARTICLE 1 - PURPOSE pt-8o� �,1 The Employer and the Union agree that the purpose for entering into this Agreement is to: • 1.1(1) Achieve orderly 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 applicaflon or interpretation of this Agreement without loss of productiviry. 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 employxnent 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-537-A dated June 4, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, facilities, and equipment; to establish functions 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 notification to the Union. ARTICLE 4 - UNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shali be remitted as directed by the Union. 4.1(1) The Employer shall not deduct dues from the wages of employees covered by this Agreement for any otherlabor organization. � -1- ARTICLE 4 - IJNION RIGHTS (Continued) 4.1(2) The Union shall indemnify and save hannless the Employer from any and all claims or charge� made against the Employer as a result of the implementation of this ARTTCLE. 4.2 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 right and responsibilities as designated in Arficle 20 (GRIEVANCE PROCEDURE). 43 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his designated representative shall be pemutted to enter the facilities of the Employer where empIoyees covered by this Agreement aze working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement established the "terms and conditions of empioyment" 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, Councii Ordinance and Council Resolution. ARTICLE 6 - PROSATIONARY 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. � 61(1) At any time during the probationary period an employee may be termivated at the discretion of the Employer without appeal to the provisions of Article 20 (GRIEVANCE PROCEDURE). 6.1(2) An employee terminate,d during the probationary period shall receive a written notice of the a copy 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 probarionary 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 (GRIEVANGE FROCEDLII2E). 6.2.2 An empioyee demoted during the promotional probationary period shall be retumed to the employee's previously held class and shall receive a written notice of the reasons for demotion,� copy of which shall be sent to the Union. -2- ARTICLE 7- HOURS OF WORK Of 7.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirry (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) 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 shifts and/or work weeks. 7.4 This section shall not be construed as, and is not a guazantee of, any hours of work per normal work day or per normal work week. 7.5 All empioyees shall be at the location 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 theu supervisor. 7.6 All employees aze subject to call-back by the Employer as provided by Article 9(CALL BACK/CALL IN). 7.7 Employees reporting £or work at the established starting time and for whom no work is available shail receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. � ARTICLE 8 - OVERTIME 81 All overtime compensated for by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the timecard, 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) Time worked in excess of foriy (40) hours in a seven ('7) day period. 83 For the purposes of calculating overtime compensation overtime hours worked shali not be "pyramided", compounded, or paid twice for the same hottrs worked. 8.4 Overtime hours worked as provided by this ARTICLE shall be paid in cash or in compensatory time as • determined by the Employer. -3- ARTICLE 9- CALL BACK/CALL IN 9.1 The Employer retains the right to call back/cail in employees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal w� week. 9.2 Employees calied in or calied back shall receive a minimum 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. 92(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). ARTICLE 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 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 employment prior to signing of the new Agreement. 11.2 Regulaz, provisional and temporary employees shall be compensated in accordance with Article 11.1 (WAGES) and have fringe benefit contributions and(or deductions made in their behalf as provided for by Article 12 (FRINGE BENEFITS). 11.3 Participating employees shall use all vacation that they have eamed and are eligible for as outlined in the Bricklayers and Allied Craftworkers Local Union No. 1 of Minnesota Regulaz Vacation and Holiday & eserve rus an ocumen s. �""�� 11.4 Employees covered by this agreement aze not eligible to participate in the Public Employee Retirement Association (PERA) plan except for those employees hired prior to May l, 2001 who elected to remain under the PERA plan pursuant to Sec6on 353.01 subd. 2b(19) of the Minnesota Statutes. ARTICLE 12 - FRINGE BENEFITS 12.1 The Employer shall make contributions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix C for all hours worked. • S� 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 7anuary 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 D/-�d/ 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, personnei 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 Employees assigned to work on Martin Luther King Day, Presidents' Day, Veterans' Day or the Day After Thanksgiving shall be compensated on a straight tune basis for such hours worked. 13.6 Employees assigned to work on New Yeaz's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Chrisrinas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. ARTICLE 14 - DISCIPLTNARY PROCEDURES 14.1 14.2 The Employer shall have the right to impose disciplinary actions on employees for just cause. Disciplinary actions by the Employer shall include only the following actions: 14.2(1) Orai reprimand. 14.2(2) Written reprimand. 14.2(3) Suspension. 14.2(4) Demotion. 14.2(5) Discharge. �� -5- ARTICLE 15 - ABSENCES FROM WORK 15.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possibie, but in no event later than the beginning of such work � day. 15.2 Failure to make such notificafion may be ground for discipline as provided in Article 14 (DISCIPLINARY PROCEDURES). 15.3 Failwe to report for work without notification for three (3) consecutive normal work days may be considered a"quit" by the Employer on the part of the employee. ARTICLE 16 - SENIORITY 16.1 Seniority, for the purpose of this Agreement, shall be defined as follows: 16.1(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. 161(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 grante� for a period of less than thiriy (30) calendaz 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 retires, resigns, or is dischazged. 16.4 In the event it is determined by the Employer that it is necessary to reduce the work force, employees will be laid off by class title within each departrnent based on inverse length of "Class Seniority". 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. �� ARTICLE 17 - NRISDICTION d�'��/ 17.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate � subject to deternunation by the various unions representing employees of the Employer. 17.2 The Employer agrees to be guided in the assignment of work jurisdicrion by mutual agreements beriveen 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 Section 17.2 and 173 above shall be subject to discipiinary 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 18.1 Employees having a probationary or regular employxnent status shall be considered sepazated from � employment based on the following actions: 18.1(1) 18.1(2) 18.1(3) Resignation. Employees resigning from employment shall give written notice fourteen (14) calendaz days prior to the effective date of the resignation. Discharge. As provided in Article 14. 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 14.1 C� All employees shall personally provide themselves with all necessary hand tools. -7- 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 bazgaining unit. The Union sha11 notify the Employer in writing o� the name of the Steward and of his/her successor when so named. 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 Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Steward 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. 20.3 The procedure established by this ARTTCLE shall be the soIe and exclusive procedure for the processing of grievances, which aze 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 oudined in the Civil Service Rules. 20.4 Grievances shall be resolved in conformance with the foliowing 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 empIoyee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it � be reduced to writing and referred to Step 2 by the Union. The written grievance shall forth the nature of the gievance, the facts on which it is based, the aileged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven ('7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Within seven (7) calendaz 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 resuit 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) calendaz days foliowing 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. \� �� ARTICLE 20 - GRIEVANCE PROCEDURE (Continued) p�-$`b / Step 3. Within seven (7) calendar days foliowing receipt of a grievance referred from Step 2 a � designated Employer Supervisor shall 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 referred to in writing by the Union to Step 4 within seven (7) calendaz days following receipt of the Empioyer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request azbitration of the grievance. The azbitration proceedings shall be conducted by an azbitrator 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 arbitrator 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 shal] have the right to sirike 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 azbitrator. 20.5 The arbitrator 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 Union and shall have no authoriTy to make a decision on any other issue not so submitted. The azbitrator 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 thirry (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 wimesses. If either pazty 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 eactended by mutual agreement of the Employer and the Union. � �� ARTICLE 21 - RIGHT OF SUBCONTRACT 21.1 The Employer may, at any time during the duration of this Agreement, conUract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction o� the work force covered by this Agreement, the Employer shall give the Union a sixty (60) calendar day notice of the intention to subcontract. 21.2 The subcontracting o£ work done by the employees covered by this Agreement shall in all cases be made only to empioyers who qualify in accordance with Ordinance No. 14013. ARTICLE 22 - NONDISCRIMINATION 221 The terms and condirions of this Agreement wilt 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 Union. 22.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duries and responsibilities involve other employees and the general public. ARTICLE 23 - SEVERABILITY 23.1 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 appe� is taken, such provision(s) shall be voided. All other provisions shall continue in fuil force and effect. 23.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislafive, administrative, or judicial deterniination. ARTICLE 24 - WAIVER 24.1 The Employer and the Union acknowledge that during the meeting and negofiating which resulte ui t s J 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 Therefore, the Employer and the Union for the duration of this Agreement agree that the other parry shall not be obligated to meet and negotiate over any term or conditions of empioyment whether specifically covered or not specifically covered by tlus Agreement. The Union and Employer may, however, mutuatty agree to mociify any provision of this Agreement. 24.3 Any and ail prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regazding the terms and conditions of employment, to the eaftent they are inconsistent with this � Agreement, are hereby superseded. -10- ARTICLE 25 - CITY MILEAGE ai �/ 25.1 Automobile Reimbursement Authorized: Chapter 33 of the Saint Paul Administrative code shall be � superceded for members of this bargaining unit by this article. 25.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. When an employee is required to use his/her personal automobile to conduct authorized City business, the CiTy shall reimburse the employee at the then curtent Federal I.R.S. mileage reimbursement rate on the most direct route. 25_3 The City will provide pazking at the Civic Center Pazking Ramp for City employees on 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. ARTICLE 26 - DURATION AND PLEDGE 26.1 This Agreement shall become effective as of the date of signing, except as specifically provided otherwise in Articles 11 and 12, and shall remain in effect through the 30th day of April, 2004 and continue in effect from year to yeaz thereafter unless notice to change or to terminate is given in the manner provided in 26.2. �2 If either party desires to terminate or modify this Agreement, the party wishing to modify or terminate the Agreement shall give written notice to the other pariy, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date. The Agreement may only be so terminated or modified effective as of the expiration date. 263 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the grievance procedure herein established is the means by which grievances conceming 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, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment. • -11- ARTICLE 26 - DURATION AND PLEDGE (Continued) �� • 26.3(2) The Empioyer will not engage in, instigate, or condone any lock-out of employees. 263(3) This constitutes a tentative agreement beriveen the parties which will be recomxnended by the City Negotiator, but is subject to the approval of the Aduiinistration of the City, and is also subject to ratification by the Union. AGREED to this ��day of July 2001, and attested to as the full and complete understanding of the parties far the period of time herein specified by the signature of the following representative for the Employer and the Union. WITNESSES: CITY OF SA1NT PAUL � � �� 3ason Schmidt Labor Relations Specialist • BRICKLAYERS & ALLIED CRAFTWORKERS LOCAL NO. 1 OF MN �� Michael Cook Vice President/Business Representative �� _12_ : � � �.�� ol-�o] The classes of positions recognized by the Employer as being exciusively represented by the Union aze �ollows: Bricklayer Masonry Inspector and other classes of positions that may be established by the Employer where the duties and responsibilities assigned are determined by the Bureau of Mediation Services to be appropriately represented by this bazgaining nnit. � � - Al - APPENDIX B a. The basic hourly wage rate for temporary, provisional, regulaz and probationary employees not � participating in PERA appointed to the following classes of positions shall be: Effective OS/5/Ol Ciass Base Wage Taxable Rate: Base plus Vacation & Dues. Bricklayer $24.69 $2737 Bricklayer Foreman $27.19 $29.87 Masonry Inspector lst step $24.69 $2737 2nd step $2719 $29.87 3rd step $29.07 $31.75 pl-�8�� b. The basic hourly wage rate for temporary provisional, regulaz and probationary employees participating in PERA appointed to the following classes of positions shall be: . Effective OS/OS/Oi Class Base Wage Taxable Rate: Base *1/1/02 plus Vacation & Dues. Bricklayer $23.47 $26.02 $25.94* BricklayerForeman $25.85 $28.40 $2831* Masonry Inspector lststep $23.47 $26.02 $25.94* 2nd step $25.85 $28.40 $2831* 3rd step $27.64 $30.19 $30.09* Note: Regulaz employees pay 5.18% to PERA (example: 23.91= 1.0518 = 22.73) *Effective 1/1/02 the State raised the Yr:KA rate to 5.53%. Effecfive 5/1/02 (or ciosest payperiod) there will be an additional$2.00 added to the hourly total package from which these wages and benefits aze calculated. Foreman's pay shall be increased by $.50 per hour. The parties � 11 agree prior to that date as to the distribution of the $2.00 increase among the wages and various fringes. 'is amount will be decreased by any increase in Promotional Funds. : APPENDIX B (Continued) Q /- gnl Effecfive 5/i/03 (or closest payperiod) there will be an additional $2.00 added to the hourly total package from ch these wages and benefits aze calculated. The parties will agree prior to that date as to the distribution of e$2.00 increase among the wages and various fringes. This amount will be decreased by any increase in Promotional Funds. � • : J u v > APPENDIX C ol- Sor Effective May 5, 2001 the Employer shall: • contribute to a Union designated Health and Welfare Fund $3.40 per hour for all hours worked by employees covered by this Agreement. b. contribute to a Local Pension Fund $3.59 per hour for all hours worked by employees covered by this Agreement. c. contribute to an International Union Pension Fund $1.00 per hour for all hours worked by employees covered by this Agreement. d. contribute to an Apprenticeship Training Fund $.10 per hour for all hours worked by employees covered by this Agreement. e. contribute to a Vacation Fund $2.00 per hour for all hours worked by employees covered by this Agreement. This amount shall be in the form of a payroll deduction from the rates in Appendix B. f. contribute to a Dues Fund $.68 per hour for a11 hours worked by amployees covered by this Agreement. This amount shall be in the form of a payroll deduction from the rates in Appendix B. The above contributions may be increased or decreased as long as the applicable hourIy rates in Appendix B for empioyees are decreased or increased by the same total amount. � contributions made in accordance with this Appendix C shall be forwarded to depositories as directed by the Union. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. With the exception of the usage of sick leave banked as a result of the 1994 Memorandum of Agreement, employees covered by this Agreement shall not be eligible for, govemed by, or accumulate vacation, sick leave, holiday, funeral leave, jury dury, or insurance fringe benefits that aze or may be established by Personnel Rules, Council Ordinance, or Council Resolutions. The Employer's fringe benefit obiigation is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwazded contributions and/or deductions. • - Cl- 4RIGINAL Presented Refesed To Committee Date RESOLUTION CITY OF SAINT PAUL, MINNESOTA Council File # ��3 Green Sheet # 106850 13 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 May 1, 2001 through Apri130, 2004 Maintenance Labor Agreement between the City of Saint Paul and the Bricklayers and Allied Craftworkers Loca1 Union No. 1 of Minnesota. Requested by Department o£ Office of Labor Relations By. � Form Appro d�,.AitQmey � By: ��/ _� Adopted by Council: Date � }o Adopuon Certified by Council Secret BY� ��. � 1-� --A - Approved by Mayor: Date /'7'�/A 4� (i(,Fy� By: Approv by Mayor f r Submission to Council B �� DEPARTMENT/OFFICE/COUNCIL: DATE INiTIATED GREEN SHEET No.: 106850 �, _` O � LABOR RELATIONS July 27, 2001 CONTACT PERSON & PHONE: p pTE I�R77�y/DA1.E NLIE KRAUS 266-6513 ASSIGN 1 DEPAR'iMENT DIR. 4 CITY COUNCIL NOMBER 2 CTLY ATTORNEY CITY CLERK M[7ST BE ON COUNCII. AGIIVDA BY (DATE) FOR BIIDGET DIIt � FIN. & MGT. SERVICE DIR. ROUTING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNATORE PAGES_1 (CLIP ALL LOCATIONS FOR SIGNATURE) ncriox �QuESx�n: This resolution approves the attached May 1, 2001 through Apri130, 2004 Maintenance Labor Agreement between the City of Saint Paul and the Bricklayers and Allied Craftworkers Loca1 Union No. 1 of Minuesota. RECOMMENDAITONS: Approve (A) or Reject (R) PERSONAL SERVICE CONIRACTS MiJST ANSWER THE FOLI.OWIlVG QUESTIONS: _PLANNING COMbIISSION _CIVIL SERVICE COMMISSION 1. Has this peison/Snn ever worked under a wntract for this depaztrnenY? _CIB COMtvIl"1'I'EE Yes No _STAFF 2. Has this person/firm ever been a city employee? DISIRICT COURT y� 7J - - — SUPPORTS WFIICH COUNCIL OBIECTIVE? _ 3. Does th�s persoNfirtn possess a skill not noxmal(y possessed by any cunent city employee? Yes No �— Expiain all yes answers ov separate sheet and attach to green eetSn�Q( arC� u INITIATING PROBLEM,ISSUE, OPPORT[JNITY (Who, What, When, Where, Why)� tp �� aJUL �! The existing contract expired Apri130, 2001. - ADVANTAGESIFAPPROVED� - �� - i An agreement in place through Apri130, 2004. This agreement has been ratified by the union members. DISADVANTAGES IF APPROVED: � None � DISADVANTAGES IF NOT APPROVED: 1Vo agreement in place - labor unrest. TOTAL AMOiJNT OF "1'RANSACTION: COST/REVENUE BUDGETED: F[1NDINGSOURCE: ' pCTIVITyNUMBER: FINANCIAL INFORNIATION: (EXPLAIN) d�-�O\ ATTACFINIENT TO THE GREEN SHEET MAINTENANCE LABOR AGREEMENT WITH THE BRICKLAYERS & ALLIED CRAFTWORI�RS LOCAL UNION NO.1 OF NIINNESOTA Below is a summary of the changes in the Maintenance Labor Agreement between the City of Saint Paul and the Bricklayers & Allied Craftworkers Local Union No. 1 of Minnesota. Duration• May 1, 2001 through Apri130, 2004. Waees: The City agreed to the prevailing wage rate. Employees who terminate their employment with the City prior to the signing of the new Agreement are prohibited from receiving retroactive payments. This language brings the Agreement into line with other Trades Agreements and provides an admimstrative savings since employees who haue separated employment will not need to be located. Milease• This unit will no longer use the per diem/20 cents/mile system and will instead be reimbursed at the current federal IRS mileage reimbursement rate. This change will greatly ease the administration of this program, saving costs and effort by payroll staff. Grievance Process: Procedure for filing a grievance clarified. The procedure outlined in the Agreement shall be used for all grievances except those of a purely Civil Service nature (performance reviews, examinations, classifications, etc.). Lan�uaQe: Changes to the language were basically of a housekeeping nature for clarification and clean up. G:\Shazed�I.RCOMMON�CONTRACIIBRICKI,YR�2001\gmshtattachment.wpd �, : , - . . . : _ � o a ��o� . '.; � .. _ _ . _ - � � � � iVIAY �; 2II01- APRII� 3A, �004 �' � � � - � ArIAINTENA�NCE LABOR AGREEkVIENT - ` `. �_ ° : �"__�� _ , � ��-be � � - tween �_ - � '1'�IE C�'I'Y O� SAIl�TT"PAUL .: : , �, - � � - Y � , . .. ..' . :- . - � . . ,1 � . .�. :. : d. _� > - . � "- - , - � and = . $RIC��LAXEItS &i ALLIED CRA��?V`OR�£ERS ` `. . , LOCAL II1vI�N: N0 '1'OF 1VI�NNE�OTA ; �� _ _. : -� INDEX �TICLE TITLE ol-go� PAGE Preambie ............................................................. ii 1 Purpose ................................................................I 2 Recognition ............................................................1 3 Employer Rights ........................................................i 4 Union Rights ...........................................................1 5 Scope ofthe Agreement ...................................................2 6 Probationary Periods .....................................................2 7 Hoursof Work ..........................................................3 8 Overtime ..............................................................3 9 CaIlBack/Ca11In ........................................................4 10 Work Location ..........................................................4 11 12 13 14 � 16 17 18 19 20 Wages .................................................................4 Fringe Benefit ..........................................................4 Holidays ...............................................................5 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 AbsencesFrom Work ....................................................6 Senioriiy ...............................................................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 Plan .......................................................11 26 Duration and Pledge .....................................................11 Appendix .......................................................... A1 Appendix .......................................................... BI Appendix .......................................................... CI • PREAMBLE � a!-SoJ This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the Bricklayers and Allied Craf[workers Local No. 1 of Minnesota hereinafter refeaed 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 generai 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 beriveen people at all levels of responsibility. Constructive attitudes �e Employer, the Union, and the individual empioyees wiil best serve the needs of the general public. • ii ARTICLE 1 - PURPOSE pt-8o� �,1 The Employer and the Union agree that the purpose for entering into this Agreement is to: • 1.1(1) Achieve orderly 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 applicaflon or interpretation of this Agreement without loss of productiviry. 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 employxnent 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-537-A dated June 4, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, facilities, and equipment; to establish functions 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 notification to the Union. ARTICLE 4 - UNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shali be remitted as directed by the Union. 4.1(1) The Employer shall not deduct dues from the wages of employees covered by this Agreement for any otherlabor organization. � -1- ARTICLE 4 - IJNION RIGHTS (Continued) 4.1(2) The Union shall indemnify and save hannless the Employer from any and all claims or charge� made against the Employer as a result of the implementation of this ARTTCLE. 4.2 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 right and responsibilities as designated in Arficle 20 (GRIEVANCE PROCEDURE). 43 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his designated representative shall be pemutted to enter the facilities of the Employer where empIoyees covered by this Agreement aze working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement established the "terms and conditions of empioyment" 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, Councii Ordinance and Council Resolution. ARTICLE 6 - PROSATIONARY 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. � 61(1) At any time during the probationary period an employee may be termivated at the discretion of the Employer without appeal to the provisions of Article 20 (GRIEVANCE PROCEDURE). 6.1(2) An employee terminate,d during the probationary period shall receive a written notice of the a copy 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 probarionary 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 (GRIEVANGE FROCEDLII2E). 6.2.2 An empioyee demoted during the promotional probationary period shall be retumed to the employee's previously held class and shall receive a written notice of the reasons for demotion,� copy of which shall be sent to the Union. -2- ARTICLE 7- HOURS OF WORK Of 7.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirry (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) 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 shifts and/or work weeks. 7.4 This section shall not be construed as, and is not a guazantee of, any hours of work per normal work day or per normal work week. 7.5 All empioyees shall be at the location 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 theu supervisor. 7.6 All employees aze subject to call-back by the Employer as provided by Article 9(CALL BACK/CALL IN). 7.7 Employees reporting £or work at the established starting time and for whom no work is available shail receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. � ARTICLE 8 - OVERTIME 81 All overtime compensated for by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the timecard, 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) Time worked in excess of foriy (40) hours in a seven ('7) day period. 83 For the purposes of calculating overtime compensation overtime hours worked shali not be "pyramided", compounded, or paid twice for the same hottrs worked. 8.4 Overtime hours worked as provided by this ARTICLE shall be paid in cash or in compensatory time as • determined by the Employer. -3- ARTICLE 9- CALL BACK/CALL IN 9.1 The Employer retains the right to call back/cail in employees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal w� week. 9.2 Employees calied in or calied back shall receive a minimum 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. 92(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). ARTICLE 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 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 employment prior to signing of the new Agreement. 11.2 Regulaz, provisional and temporary employees shall be compensated in accordance with Article 11.1 (WAGES) and have fringe benefit contributions and(or deductions made in their behalf as provided for by Article 12 (FRINGE BENEFITS). 11.3 Participating employees shall use all vacation that they have eamed and are eligible for as outlined in the Bricklayers and Allied Craftworkers Local Union No. 1 of Minnesota Regulaz Vacation and Holiday & eserve rus an ocumen s. �""�� 11.4 Employees covered by this agreement aze not eligible to participate in the Public Employee Retirement Association (PERA) plan except for those employees hired prior to May l, 2001 who elected to remain under the PERA plan pursuant to Sec6on 353.01 subd. 2b(19) of the Minnesota Statutes. ARTICLE 12 - FRINGE BENEFITS 12.1 The Employer shall make contributions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix C for all hours worked. • S� 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 7anuary 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 D/-�d/ 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, personnei 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 Employees assigned to work on Martin Luther King Day, Presidents' Day, Veterans' Day or the Day After Thanksgiving shall be compensated on a straight tune basis for such hours worked. 13.6 Employees assigned to work on New Yeaz's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Chrisrinas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. ARTICLE 14 - DISCIPLTNARY PROCEDURES 14.1 14.2 The Employer shall have the right to impose disciplinary actions on employees for just cause. Disciplinary actions by the Employer shall include only the following actions: 14.2(1) Orai reprimand. 14.2(2) Written reprimand. 14.2(3) Suspension. 14.2(4) Demotion. 14.2(5) Discharge. �� -5- ARTICLE 15 - ABSENCES FROM WORK 15.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possibie, but in no event later than the beginning of such work � day. 15.2 Failure to make such notificafion may be ground for discipline as provided in Article 14 (DISCIPLINARY PROCEDURES). 15.3 Failwe to report for work without notification for three (3) consecutive normal work days may be considered a"quit" by the Employer on the part of the employee. ARTICLE 16 - SENIORITY 16.1 Seniority, for the purpose of this Agreement, shall be defined as follows: 16.1(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. 161(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 grante� for a period of less than thiriy (30) calendaz 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 retires, resigns, or is dischazged. 16.4 In the event it is determined by the Employer that it is necessary to reduce the work force, employees will be laid off by class title within each departrnent based on inverse length of "Class Seniority". 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. �� ARTICLE 17 - NRISDICTION d�'��/ 17.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate � subject to deternunation by the various unions representing employees of the Employer. 17.2 The Employer agrees to be guided in the assignment of work jurisdicrion by mutual agreements beriveen 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 Section 17.2 and 173 above shall be subject to discipiinary 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 18.1 Employees having a probationary or regular employxnent status shall be considered sepazated from � employment based on the following actions: 18.1(1) 18.1(2) 18.1(3) Resignation. Employees resigning from employment shall give written notice fourteen (14) calendaz days prior to the effective date of the resignation. Discharge. As provided in Article 14. 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 14.1 C� All employees shall personally provide themselves with all necessary hand tools. -7- 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 bazgaining unit. The Union sha11 notify the Employer in writing o� the name of the Steward and of his/her successor when so named. 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 Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Steward 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. 20.3 The procedure established by this ARTTCLE shall be the soIe and exclusive procedure for the processing of grievances, which aze 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 oudined in the Civil Service Rules. 20.4 Grievances shall be resolved in conformance with the foliowing 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 empIoyee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it � be reduced to writing and referred to Step 2 by the Union. The written grievance shall forth the nature of the gievance, the facts on which it is based, the aileged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven ('7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Within seven (7) calendaz 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 resuit 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) calendaz days foliowing 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. \� �� ARTICLE 20 - GRIEVANCE PROCEDURE (Continued) p�-$`b / Step 3. Within seven (7) calendar days foliowing receipt of a grievance referred from Step 2 a � designated Employer Supervisor shall 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 referred to in writing by the Union to Step 4 within seven (7) calendaz days following receipt of the Empioyer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request azbitration of the grievance. The azbitration proceedings shall be conducted by an azbitrator 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 arbitrator 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 shal] have the right to sirike 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 azbitrator. 20.5 The arbitrator 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 Union and shall have no authoriTy to make a decision on any other issue not so submitted. The azbitrator 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 thirry (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 wimesses. If either pazty 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 eactended by mutual agreement of the Employer and the Union. � �� ARTICLE 21 - RIGHT OF SUBCONTRACT 21.1 The Employer may, at any time during the duration of this Agreement, conUract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction o� the work force covered by this Agreement, the Employer shall give the Union a sixty (60) calendar day notice of the intention to subcontract. 21.2 The subcontracting o£ work done by the employees covered by this Agreement shall in all cases be made only to empioyers who qualify in accordance with Ordinance No. 14013. ARTICLE 22 - NONDISCRIMINATION 221 The terms and condirions of this Agreement wilt 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 Union. 22.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duries and responsibilities involve other employees and the general public. ARTICLE 23 - SEVERABILITY 23.1 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 appe� is taken, such provision(s) shall be voided. All other provisions shall continue in fuil force and effect. 23.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislafive, administrative, or judicial deterniination. ARTICLE 24 - WAIVER 24.1 The Employer and the Union acknowledge that during the meeting and negofiating which resulte ui t s J 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 Therefore, the Employer and the Union for the duration of this Agreement agree that the other parry shall not be obligated to meet and negotiate over any term or conditions of empioyment whether specifically covered or not specifically covered by tlus Agreement. The Union and Employer may, however, mutuatty agree to mociify any provision of this Agreement. 24.3 Any and ail prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regazding the terms and conditions of employment, to the eaftent they are inconsistent with this � Agreement, are hereby superseded. -10- ARTICLE 25 - CITY MILEAGE ai �/ 25.1 Automobile Reimbursement Authorized: Chapter 33 of the Saint Paul Administrative code shall be � superceded for members of this bargaining unit by this article. 25.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. When an employee is required to use his/her personal automobile to conduct authorized City business, the CiTy shall reimburse the employee at the then curtent Federal I.R.S. mileage reimbursement rate on the most direct route. 25_3 The City will provide pazking at the Civic Center Pazking Ramp for City employees on 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. ARTICLE 26 - DURATION AND PLEDGE 26.1 This Agreement shall become effective as of the date of signing, except as specifically provided otherwise in Articles 11 and 12, and shall remain in effect through the 30th day of April, 2004 and continue in effect from year to yeaz thereafter unless notice to change or to terminate is given in the manner provided in 26.2. �2 If either party desires to terminate or modify this Agreement, the party wishing to modify or terminate the Agreement shall give written notice to the other pariy, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date. The Agreement may only be so terminated or modified effective as of the expiration date. 263 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the grievance procedure herein established is the means by which grievances conceming 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, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment. • -11- ARTICLE 26 - DURATION AND PLEDGE (Continued) �� • 26.3(2) The Empioyer will not engage in, instigate, or condone any lock-out of employees. 263(3) This constitutes a tentative agreement beriveen the parties which will be recomxnended by the City Negotiator, but is subject to the approval of the Aduiinistration of the City, and is also subject to ratification by the Union. AGREED to this ��day of July 2001, and attested to as the full and complete understanding of the parties far the period of time herein specified by the signature of the following representative for the Employer and the Union. WITNESSES: CITY OF SA1NT PAUL � � �� 3ason Schmidt Labor Relations Specialist • BRICKLAYERS & ALLIED CRAFTWORKERS LOCAL NO. 1 OF MN �� Michael Cook Vice President/Business Representative �� _12_ : � � �.�� ol-�o] The classes of positions recognized by the Employer as being exciusively represented by the Union aze �ollows: Bricklayer Masonry Inspector and other classes of positions that may be established by the Employer where the duties and responsibilities assigned are determined by the Bureau of Mediation Services to be appropriately represented by this bazgaining nnit. � � - Al - APPENDIX B a. The basic hourly wage rate for temporary, provisional, regulaz and probationary employees not � participating in PERA appointed to the following classes of positions shall be: Effective OS/5/Ol Ciass Base Wage Taxable Rate: Base plus Vacation & Dues. Bricklayer $24.69 $2737 Bricklayer Foreman $27.19 $29.87 Masonry Inspector lst step $24.69 $2737 2nd step $2719 $29.87 3rd step $29.07 $31.75 pl-�8�� b. The basic hourly wage rate for temporary provisional, regulaz and probationary employees participating in PERA appointed to the following classes of positions shall be: . Effective OS/OS/Oi Class Base Wage Taxable Rate: Base *1/1/02 plus Vacation & Dues. Bricklayer $23.47 $26.02 $25.94* BricklayerForeman $25.85 $28.40 $2831* Masonry Inspector lststep $23.47 $26.02 $25.94* 2nd step $25.85 $28.40 $2831* 3rd step $27.64 $30.19 $30.09* Note: Regulaz employees pay 5.18% to PERA (example: 23.91= 1.0518 = 22.73) *Effective 1/1/02 the State raised the Yr:KA rate to 5.53%. Effecfive 5/1/02 (or ciosest payperiod) there will be an additional$2.00 added to the hourly total package from which these wages and benefits aze calculated. Foreman's pay shall be increased by $.50 per hour. The parties � 11 agree prior to that date as to the distribution of the $2.00 increase among the wages and various fringes. 'is amount will be decreased by any increase in Promotional Funds. : APPENDIX B (Continued) Q /- gnl Effecfive 5/i/03 (or closest payperiod) there will be an additional $2.00 added to the hourly total package from ch these wages and benefits aze calculated. The parties will agree prior to that date as to the distribution of e$2.00 increase among the wages and various fringes. This amount will be decreased by any increase in Promotional Funds. � • : J u v > APPENDIX C ol- Sor Effective May 5, 2001 the Employer shall: • contribute to a Union designated Health and Welfare Fund $3.40 per hour for all hours worked by employees covered by this Agreement. b. contribute to a Local Pension Fund $3.59 per hour for all hours worked by employees covered by this Agreement. c. contribute to an International Union Pension Fund $1.00 per hour for all hours worked by employees covered by this Agreement. d. contribute to an Apprenticeship Training Fund $.10 per hour for all hours worked by employees covered by this Agreement. e. contribute to a Vacation Fund $2.00 per hour for all hours worked by employees covered by this Agreement. This amount shall be in the form of a payroll deduction from the rates in Appendix B. f. contribute to a Dues Fund $.68 per hour for a11 hours worked by amployees covered by this Agreement. This amount shall be in the form of a payroll deduction from the rates in Appendix B. The above contributions may be increased or decreased as long as the applicable hourIy rates in Appendix B for empioyees are decreased or increased by the same total amount. � contributions made in accordance with this Appendix C shall be forwarded to depositories as directed by the Union. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. With the exception of the usage of sick leave banked as a result of the 1994 Memorandum of Agreement, employees covered by this Agreement shall not be eligible for, govemed by, or accumulate vacation, sick leave, holiday, funeral leave, jury dury, or insurance fringe benefits that aze or may be established by Personnel Rules, Council Ordinance, or Council Resolutions. The Employer's fringe benefit obiigation is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwazded contributions and/or deductions. • - Cl- 4RIGINAL Presented Refesed To Committee Date RESOLUTION CITY OF SAINT PAUL, MINNESOTA Council File # ��3 Green Sheet # 106850 13 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 May 1, 2001 through Apri130, 2004 Maintenance Labor Agreement between the City of Saint Paul and the Bricklayers and Allied Craftworkers Loca1 Union No. 1 of Minnesota. Requested by Department o£ Office of Labor Relations By. � Form Appro d�,.AitQmey � By: ��/ _� Adopted by Council: Date � }o Adopuon Certified by Council Secret BY� ��. � 1-� --A - Approved by Mayor: Date /'7'�/A 4� (i(,Fy� By: Approv by Mayor f r Submission to Council B �� DEPARTMENT/OFFICE/COUNCIL: DATE INiTIATED GREEN SHEET No.: 106850 �, _` O � LABOR RELATIONS July 27, 2001 CONTACT PERSON & PHONE: p pTE I�R77�y/DA1.E NLIE KRAUS 266-6513 ASSIGN 1 DEPAR'iMENT DIR. 4 CITY COUNCIL NOMBER 2 CTLY ATTORNEY CITY CLERK M[7ST BE ON COUNCII. AGIIVDA BY (DATE) FOR BIIDGET DIIt � FIN. & MGT. SERVICE DIR. ROUTING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNATORE PAGES_1 (CLIP ALL LOCATIONS FOR SIGNATURE) ncriox �QuESx�n: This resolution approves the attached May 1, 2001 through Apri130, 2004 Maintenance Labor Agreement between the City of Saint Paul and the Bricklayers and Allied Craftworkers Loca1 Union No. 1 of Minuesota. RECOMMENDAITONS: Approve (A) or Reject (R) PERSONAL SERVICE CONIRACTS MiJST ANSWER THE FOLI.OWIlVG QUESTIONS: _PLANNING COMbIISSION _CIVIL SERVICE COMMISSION 1. Has this peison/Snn ever worked under a wntract for this depaztrnenY? _CIB COMtvIl"1'I'EE Yes No _STAFF 2. Has this person/firm ever been a city employee? DISIRICT COURT y� 7J - - — SUPPORTS WFIICH COUNCIL OBIECTIVE? _ 3. Does th�s persoNfirtn possess a skill not noxmal(y possessed by any cunent city employee? Yes No �— Expiain all yes answers ov separate sheet and attach to green eetSn�Q( arC� u INITIATING PROBLEM,ISSUE, OPPORT[JNITY (Who, What, When, Where, Why)� tp �� aJUL �! The existing contract expired Apri130, 2001. - ADVANTAGESIFAPPROVED� - �� - i An agreement in place through Apri130, 2004. This agreement has been ratified by the union members. DISADVANTAGES IF APPROVED: � None � DISADVANTAGES IF NOT APPROVED: 1Vo agreement in place - labor unrest. TOTAL AMOiJNT OF "1'RANSACTION: COST/REVENUE BUDGETED: F[1NDINGSOURCE: ' pCTIVITyNUMBER: FINANCIAL INFORNIATION: (EXPLAIN) d�-�O\ ATTACFINIENT TO THE GREEN SHEET MAINTENANCE LABOR AGREEMENT WITH THE BRICKLAYERS & ALLIED CRAFTWORI�RS LOCAL UNION NO.1 OF NIINNESOTA Below is a summary of the changes in the Maintenance Labor Agreement between the City of Saint Paul and the Bricklayers & Allied Craftworkers Local Union No. 1 of Minnesota. Duration• May 1, 2001 through Apri130, 2004. Waees: The City agreed to the prevailing wage rate. Employees who terminate their employment with the City prior to the signing of the new Agreement are prohibited from receiving retroactive payments. This language brings the Agreement into line with other Trades Agreements and provides an admimstrative savings since employees who haue separated employment will not need to be located. Milease• This unit will no longer use the per diem/20 cents/mile system and will instead be reimbursed at the current federal IRS mileage reimbursement rate. This change will greatly ease the administration of this program, saving costs and effort by payroll staff. Grievance Process: Procedure for filing a grievance clarified. The procedure outlined in the Agreement shall be used for all grievances except those of a purely Civil Service nature (performance reviews, examinations, classifications, etc.). Lan�uaQe: Changes to the language were basically of a housekeeping nature for clarification and clean up. G:\Shazed�I.RCOMMON�CONTRACIIBRICKI,YR�2001\gmshtattachment.wpd �, : , - . . . : _ � o a ��o� . '.; � .. _ _ . _ - � � � � iVIAY �; 2II01- APRII� 3A, �004 �' � � � - � ArIAINTENA�NCE LABOR AGREEkVIENT - ` `. �_ ° : �"__�� _ , � ��-be � � - tween �_ - � '1'�IE C�'I'Y O� SAIl�TT"PAUL .: : , �, - � � - Y � , . .. ..' . :- . - � . . ,1 � . .�. :. : d. _� > - . � "- - , - � and = . $RIC��LAXEItS &i ALLIED CRA��?V`OR�£ERS ` `. . , LOCAL II1vI�N: N0 '1'OF 1VI�NNE�OTA ; �� _ _. : -� INDEX �TICLE TITLE ol-go� PAGE Preambie ............................................................. ii 1 Purpose ................................................................I 2 Recognition ............................................................1 3 Employer Rights ........................................................i 4 Union Rights ...........................................................1 5 Scope ofthe Agreement ...................................................2 6 Probationary Periods .....................................................2 7 Hoursof Work ..........................................................3 8 Overtime ..............................................................3 9 CaIlBack/Ca11In ........................................................4 10 Work Location ..........................................................4 11 12 13 14 � 16 17 18 19 20 Wages .................................................................4 Fringe Benefit ..........................................................4 Holidays ...............................................................5 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 AbsencesFrom Work ....................................................6 Senioriiy ...............................................................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 Plan .......................................................11 26 Duration and Pledge .....................................................11 Appendix .......................................................... A1 Appendix .......................................................... BI Appendix .......................................................... CI • PREAMBLE � a!-SoJ This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the Bricklayers and Allied Craf[workers Local No. 1 of Minnesota hereinafter refeaed 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 generai 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 beriveen people at all levels of responsibility. Constructive attitudes �e Employer, the Union, and the individual empioyees wiil best serve the needs of the general public. • ii ARTICLE 1 - PURPOSE pt-8o� �,1 The Employer and the Union agree that the purpose for entering into this Agreement is to: • 1.1(1) Achieve orderly 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 applicaflon or interpretation of this Agreement without loss of productiviry. 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 employxnent 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-537-A dated June 4, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, facilities, and equipment; to establish functions 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 notification to the Union. ARTICLE 4 - UNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shali be remitted as directed by the Union. 4.1(1) The Employer shall not deduct dues from the wages of employees covered by this Agreement for any otherlabor organization. � -1- ARTICLE 4 - IJNION RIGHTS (Continued) 4.1(2) The Union shall indemnify and save hannless the Employer from any and all claims or charge� made against the Employer as a result of the implementation of this ARTTCLE. 4.2 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 right and responsibilities as designated in Arficle 20 (GRIEVANCE PROCEDURE). 43 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his designated representative shall be pemutted to enter the facilities of the Employer where empIoyees covered by this Agreement aze working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement established the "terms and conditions of empioyment" 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, Councii Ordinance and Council Resolution. ARTICLE 6 - PROSATIONARY 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. � 61(1) At any time during the probationary period an employee may be termivated at the discretion of the Employer without appeal to the provisions of Article 20 (GRIEVANCE PROCEDURE). 6.1(2) An employee terminate,d during the probationary period shall receive a written notice of the a copy 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 probarionary 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 (GRIEVANGE FROCEDLII2E). 6.2.2 An empioyee demoted during the promotional probationary period shall be retumed to the employee's previously held class and shall receive a written notice of the reasons for demotion,� copy of which shall be sent to the Union. -2- ARTICLE 7- HOURS OF WORK Of 7.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirry (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) 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 shifts and/or work weeks. 7.4 This section shall not be construed as, and is not a guazantee of, any hours of work per normal work day or per normal work week. 7.5 All empioyees shall be at the location 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 theu supervisor. 7.6 All employees aze subject to call-back by the Employer as provided by Article 9(CALL BACK/CALL IN). 7.7 Employees reporting £or work at the established starting time and for whom no work is available shail receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. � ARTICLE 8 - OVERTIME 81 All overtime compensated for by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the timecard, 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) Time worked in excess of foriy (40) hours in a seven ('7) day period. 83 For the purposes of calculating overtime compensation overtime hours worked shali not be "pyramided", compounded, or paid twice for the same hottrs worked. 8.4 Overtime hours worked as provided by this ARTICLE shall be paid in cash or in compensatory time as • determined by the Employer. -3- ARTICLE 9- CALL BACK/CALL IN 9.1 The Employer retains the right to call back/cail in employees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal w� week. 9.2 Employees calied in or calied back shall receive a minimum 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. 92(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). ARTICLE 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 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 employment prior to signing of the new Agreement. 11.2 Regulaz, provisional and temporary employees shall be compensated in accordance with Article 11.1 (WAGES) and have fringe benefit contributions and(or deductions made in their behalf as provided for by Article 12 (FRINGE BENEFITS). 11.3 Participating employees shall use all vacation that they have eamed and are eligible for as outlined in the Bricklayers and Allied Craftworkers Local Union No. 1 of Minnesota Regulaz Vacation and Holiday & eserve rus an ocumen s. �""�� 11.4 Employees covered by this agreement aze not eligible to participate in the Public Employee Retirement Association (PERA) plan except for those employees hired prior to May l, 2001 who elected to remain under the PERA plan pursuant to Sec6on 353.01 subd. 2b(19) of the Minnesota Statutes. ARTICLE 12 - FRINGE BENEFITS 12.1 The Employer shall make contributions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix C for all hours worked. • S� 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 7anuary 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 D/-�d/ 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, personnei 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 Employees assigned to work on Martin Luther King Day, Presidents' Day, Veterans' Day or the Day After Thanksgiving shall be compensated on a straight tune basis for such hours worked. 13.6 Employees assigned to work on New Yeaz's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Chrisrinas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. ARTICLE 14 - DISCIPLTNARY PROCEDURES 14.1 14.2 The Employer shall have the right to impose disciplinary actions on employees for just cause. Disciplinary actions by the Employer shall include only the following actions: 14.2(1) Orai reprimand. 14.2(2) Written reprimand. 14.2(3) Suspension. 14.2(4) Demotion. 14.2(5) Discharge. �� -5- ARTICLE 15 - ABSENCES FROM WORK 15.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possibie, but in no event later than the beginning of such work � day. 15.2 Failure to make such notificafion may be ground for discipline as provided in Article 14 (DISCIPLINARY PROCEDURES). 15.3 Failwe to report for work without notification for three (3) consecutive normal work days may be considered a"quit" by the Employer on the part of the employee. ARTICLE 16 - SENIORITY 16.1 Seniority, for the purpose of this Agreement, shall be defined as follows: 16.1(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. 161(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 grante� for a period of less than thiriy (30) calendaz 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 retires, resigns, or is dischazged. 16.4 In the event it is determined by the Employer that it is necessary to reduce the work force, employees will be laid off by class title within each departrnent based on inverse length of "Class Seniority". 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. �� ARTICLE 17 - NRISDICTION d�'��/ 17.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate � subject to deternunation by the various unions representing employees of the Employer. 17.2 The Employer agrees to be guided in the assignment of work jurisdicrion by mutual agreements beriveen 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 Section 17.2 and 173 above shall be subject to discipiinary 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 18.1 Employees having a probationary or regular employxnent status shall be considered sepazated from � employment based on the following actions: 18.1(1) 18.1(2) 18.1(3) Resignation. Employees resigning from employment shall give written notice fourteen (14) calendaz days prior to the effective date of the resignation. Discharge. As provided in Article 14. 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 14.1 C� All employees shall personally provide themselves with all necessary hand tools. -7- 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 bazgaining unit. The Union sha11 notify the Employer in writing o� the name of the Steward and of his/her successor when so named. 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 Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Steward 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. 20.3 The procedure established by this ARTTCLE shall be the soIe and exclusive procedure for the processing of grievances, which aze 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 oudined in the Civil Service Rules. 20.4 Grievances shall be resolved in conformance with the foliowing 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 empIoyee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it � be reduced to writing and referred to Step 2 by the Union. The written grievance shall forth the nature of the gievance, the facts on which it is based, the aileged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven ('7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Within seven (7) calendaz 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 resuit 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) calendaz days foliowing 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. \� �� ARTICLE 20 - GRIEVANCE PROCEDURE (Continued) p�-$`b / Step 3. Within seven (7) calendar days foliowing receipt of a grievance referred from Step 2 a � designated Employer Supervisor shall 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 referred to in writing by the Union to Step 4 within seven (7) calendaz days following receipt of the Empioyer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request azbitration of the grievance. The azbitration proceedings shall be conducted by an azbitrator 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 arbitrator 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 shal] have the right to sirike 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 azbitrator. 20.5 The arbitrator 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 Union and shall have no authoriTy to make a decision on any other issue not so submitted. The azbitrator 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 thirry (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 wimesses. If either pazty 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 eactended by mutual agreement of the Employer and the Union. � �� ARTICLE 21 - RIGHT OF SUBCONTRACT 21.1 The Employer may, at any time during the duration of this Agreement, conUract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction o� the work force covered by this Agreement, the Employer shall give the Union a sixty (60) calendar day notice of the intention to subcontract. 21.2 The subcontracting o£ work done by the employees covered by this Agreement shall in all cases be made only to empioyers who qualify in accordance with Ordinance No. 14013. ARTICLE 22 - NONDISCRIMINATION 221 The terms and condirions of this Agreement wilt 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 Union. 22.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duries and responsibilities involve other employees and the general public. ARTICLE 23 - SEVERABILITY 23.1 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 appe� is taken, such provision(s) shall be voided. All other provisions shall continue in fuil force and effect. 23.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislafive, administrative, or judicial deterniination. ARTICLE 24 - WAIVER 24.1 The Employer and the Union acknowledge that during the meeting and negofiating which resulte ui t s J 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 Therefore, the Employer and the Union for the duration of this Agreement agree that the other parry shall not be obligated to meet and negotiate over any term or conditions of empioyment whether specifically covered or not specifically covered by tlus Agreement. The Union and Employer may, however, mutuatty agree to mociify any provision of this Agreement. 24.3 Any and ail prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regazding the terms and conditions of employment, to the eaftent they are inconsistent with this � Agreement, are hereby superseded. -10- ARTICLE 25 - CITY MILEAGE ai �/ 25.1 Automobile Reimbursement Authorized: Chapter 33 of the Saint Paul Administrative code shall be � superceded for members of this bargaining unit by this article. 25.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. When an employee is required to use his/her personal automobile to conduct authorized City business, the CiTy shall reimburse the employee at the then curtent Federal I.R.S. mileage reimbursement rate on the most direct route. 25_3 The City will provide pazking at the Civic Center Pazking Ramp for City employees on 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. ARTICLE 26 - DURATION AND PLEDGE 26.1 This Agreement shall become effective as of the date of signing, except as specifically provided otherwise in Articles 11 and 12, and shall remain in effect through the 30th day of April, 2004 and continue in effect from year to yeaz thereafter unless notice to change or to terminate is given in the manner provided in 26.2. �2 If either party desires to terminate or modify this Agreement, the party wishing to modify or terminate the Agreement shall give written notice to the other pariy, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date. The Agreement may only be so terminated or modified effective as of the expiration date. 263 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the grievance procedure herein established is the means by which grievances conceming 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, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment. • -11- ARTICLE 26 - DURATION AND PLEDGE (Continued) �� • 26.3(2) The Empioyer will not engage in, instigate, or condone any lock-out of employees. 263(3) This constitutes a tentative agreement beriveen the parties which will be recomxnended by the City Negotiator, but is subject to the approval of the Aduiinistration of the City, and is also subject to ratification by the Union. AGREED to this ��day of July 2001, and attested to as the full and complete understanding of the parties far the period of time herein specified by the signature of the following representative for the Employer and the Union. WITNESSES: CITY OF SA1NT PAUL � � �� 3ason Schmidt Labor Relations Specialist • BRICKLAYERS & ALLIED CRAFTWORKERS LOCAL NO. 1 OF MN �� Michael Cook Vice President/Business Representative �� _12_ : � � �.�� ol-�o] The classes of positions recognized by the Employer as being exciusively represented by the Union aze �ollows: Bricklayer Masonry Inspector and other classes of positions that may be established by the Employer where the duties and responsibilities assigned are determined by the Bureau of Mediation Services to be appropriately represented by this bazgaining nnit. � � - Al - APPENDIX B a. The basic hourly wage rate for temporary, provisional, regulaz and probationary employees not � participating in PERA appointed to the following classes of positions shall be: Effective OS/5/Ol Ciass Base Wage Taxable Rate: Base plus Vacation & Dues. Bricklayer $24.69 $2737 Bricklayer Foreman $27.19 $29.87 Masonry Inspector lst step $24.69 $2737 2nd step $2719 $29.87 3rd step $29.07 $31.75 pl-�8�� b. The basic hourly wage rate for temporary provisional, regulaz and probationary employees participating in PERA appointed to the following classes of positions shall be: . Effective OS/OS/Oi Class Base Wage Taxable Rate: Base *1/1/02 plus Vacation & Dues. Bricklayer $23.47 $26.02 $25.94* BricklayerForeman $25.85 $28.40 $2831* Masonry Inspector lststep $23.47 $26.02 $25.94* 2nd step $25.85 $28.40 $2831* 3rd step $27.64 $30.19 $30.09* Note: Regulaz employees pay 5.18% to PERA (example: 23.91= 1.0518 = 22.73) *Effective 1/1/02 the State raised the Yr:KA rate to 5.53%. Effecfive 5/1/02 (or ciosest payperiod) there will be an additional$2.00 added to the hourly total package from which these wages and benefits aze calculated. Foreman's pay shall be increased by $.50 per hour. The parties � 11 agree prior to that date as to the distribution of the $2.00 increase among the wages and various fringes. 'is amount will be decreased by any increase in Promotional Funds. : APPENDIX B (Continued) Q /- gnl Effecfive 5/i/03 (or closest payperiod) there will be an additional $2.00 added to the hourly total package from ch these wages and benefits aze calculated. The parties will agree prior to that date as to the distribution of e$2.00 increase among the wages and various fringes. This amount will be decreased by any increase in Promotional Funds. � • : J u v > APPENDIX C ol- Sor Effective May 5, 2001 the Employer shall: • contribute to a Union designated Health and Welfare Fund $3.40 per hour for all hours worked by employees covered by this Agreement. b. contribute to a Local Pension Fund $3.59 per hour for all hours worked by employees covered by this Agreement. c. contribute to an International Union Pension Fund $1.00 per hour for all hours worked by employees covered by this Agreement. d. contribute to an Apprenticeship Training Fund $.10 per hour for all hours worked by employees covered by this Agreement. e. contribute to a Vacation Fund $2.00 per hour for all hours worked by employees covered by this Agreement. This amount shall be in the form of a payroll deduction from the rates in Appendix B. f. contribute to a Dues Fund $.68 per hour for a11 hours worked by amployees covered by this Agreement. This amount shall be in the form of a payroll deduction from the rates in Appendix B. The above contributions may be increased or decreased as long as the applicable hourIy rates in Appendix B for empioyees are decreased or increased by the same total amount. � contributions made in accordance with this Appendix C shall be forwarded to depositories as directed by the Union. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. With the exception of the usage of sick leave banked as a result of the 1994 Memorandum of Agreement, employees covered by this Agreement shall not be eligible for, govemed by, or accumulate vacation, sick leave, holiday, funeral leave, jury dury, or insurance fringe benefits that aze or may be established by Personnel Rules, Council Ordinance, or Council Resolutions. The Employer's fringe benefit obiigation is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwazded contributions and/or deductions. • - Cl-