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01-802OR1G,t�(AL RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented Refened To Committee Date CouncilFile# �l�$o� Green Sheet # 106848 1`� RESOLVED, that the Council of the City of Saint Paui hereby approves and ratifies the attached May 2001 thru April 2004 Labor Agreement between the City of Saint Paul and the Lakes and Plains Regional Council of Carpenters and Joiners. 1 w � �, . -,. . ..- �, � ,; ��,�,, ,� ..,,�� Requested by Depamnent of. Office of Labor Relations By: �� . e, � Form Ap ved by �orney � By: �`c Approved by ayor {'Or u mission to Council � �v By: / Adopted by Council: Date ap Adopfion Certified by Council Secretary � DEPAR'C�NTlOFFICE/COUNCIL: LABOR RELATIONS CONTACP PERSON & PHONE: JiILIE KRAUS 266-6513 MUST EE ON COUNCII. AGEPiDA BY (DAT� TOTAL # OF SIGNATURE °A� �`TT`'�D GREEN SHEET No.: 106848 July 23, 2001 O ��'t� � � ` � I �fI IAIJDATE INPI7ALDAIE ASSIGN t DEPARTMENT DIIt � 4 C1TY COi3NCII, NLJMBEg 2 CITY ATTORNEY � CITY CL,Ei2K FOR BUDCET DII2. F[N. & MGT. SERVICE DII2. ROUTING 3 MAYOR (OR ASST.) ORDER ALL LOCATIONS FOR acr[ox �QrJESrEn: This resolution approves the attached May 2001 thru Apri12004 Labor Agreement between the City of Saint Paui and the Lakes and Plains Regional Councii of Carpenters and Joiners. RECONMfENDA1TONS: Approve (A) or Reject (R) _PLANP7ING COM[vIISSION _CIVIL SERVICE COMIvIISSION CIB COMIvIl1TEE STAPF DISTRTCT WURT SUPPORTS WHICH COUIVCIL OBJECTIVE? PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWIlYG QUESTIONS: 1. Has this person/fimi ever worked under a contract for this departrnent? Yes No 2. Hu this person/fum ever been a city employee? Yes No 3 Does this persoNSrm possess a skill not nortnally possessed by any cwrent city Yes No Explain alI yes answers on separate sheet and atiach to green sheet INTTL4TING PROBLEM, ISSUE, OPPORTLJNTTY (Who, What, When, Where, Why): Contract expired Apri130, 20Q1 ADVANTAGES IF APPROVED' J4lL � 7 200i Contract in place through Apri130, 2004. This agreement has been ratified by the union members. DGSADVAN'CAGES IF APPROVED' None DISADVANTAGES IF NOT APPROVED: No agreement in place - labor unrest. TOTAL AMOIINT OF TRANSACI'fON: FUNDING SOURCE: COST/REVENUE BUDGETED: ACTNITY NtJMBER: FINANCIAL INFORMATION: (EXPLAIN) o � -�ro a- ATTACFIMENT TO THE GREEN SHEET MAINTENANCE LABOR AGREEMENT WITH 'THE LAKES AND PLAINS REGIONAL COUNCIL OF CARPENTERS AND JOINERS Below is a suminary of the changes in the Maintenance Labor Agreement between the City of Saint Paui and the Lakes and Plains Regional Council of Carpenters and Joiners. Duration: May i, 200] through April 30, 2004. Waees; The City agreed to the prevailing wage rate. Language: Changes to the language were basically of a housekeeping nature for clarification and clean up. G:\SharedV,RCOMMOIV�CONTRAC1lCarpenter�2001\gmshtattachment wpd ;,�._ � - ,� � � -�'Oa � . _ � MAY 2001 TI�OUGI� APRII, 2004: - � . �_ � . � � _ LABOR AGREE�l�T� -�.� - �_ _ - � � � .: � � � _ - bet�veen -_, � '� - � � � �� , T�E CITY; 0F �AIN'�' l'A�T� = - = � �� : - and-- - - _ _ . , > � LAKES �ND PL�r1�TS REGI4NAL COLT�TCIL 0F ��Rt'E�T'TERS A�TD �OI��S � _ - � _ - � , � , , �C-�b a INDEX � ARTICLE TTTLE PAGE Preamble ....................................................... ii l Purpose ..........................................................1 2 Recognition ......................................................1 3 Employer Rights ..................................................1 4 Union Rights .....................................................1 5 Scope ofthe Agreement .............................................2 6 Probationary Periods ...............................................2 7 Hoursof Work ....................................................3 8 Overtime ........................................................3 9 Ca1lBacklCallIn ..................................................4 10 Work Location ....................................................4 11 Wages ...........................................................4 12 Fringe Benefits ....................................................5 13 Selection of Foreman and Generai Foreman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 14 Insurance ........................................................5 • IS Holidays .........................................................8 16 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 17 AbsencesFrom Work ..............................................9 18 Seniority .........................................................9 19 Jurisdiction ......................................................10 20 Separation ......................................................il 2l Tools ..........................................................11 22 Grievance Procedure ..............................................11 23 Rightof Subcontract ..............................................13 24 Nondiscrimination ................................................13 25 Severability .....................................................14 26 Waiver .........................................................14 27 City Mileage Plan ................................................14 28 5everance Pay ...................................................IS 29 Uniform Aliowance ...............................................16 30 Duration and Pledge ...............................................1? Appendix .................................................... AI � APPendix B .................................................... BI Appendix C . . . C i i DI-�D �- PREAMBLE � This Agzeement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the Lakes and Plains Regionai Council of Carpenters and Joiners, hereina$er 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 general public through effective labor-management cooperation. The Employer and the Union both realize that this goai depends not only on the words in the Agteement but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the City, the Union, and the individual employees will best serve the needs of the general � public. LJ ii ARTICLE 1- PURPOSE ��$D a � The Employer and the Union agree that the purpose for entering into this Agreement is to: 11(1) Achieve orderly and peaceful relations, thereby estabiishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concemed; i.i (2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon bp the Employer and the Union; 1.1(3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Llnion 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 confl]ct so that it conforms to the statute as provided by Article 25 (Severability). ARTICLE 2 - RECOGNITION 21 The Employer recognizes the Union as the exclusive representative for collective bazgaining gurposes � for all personnel having an employment status of regular, probationary, provisional, and temporary employed in the classes of positions defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-478-A dated April 16, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage ali personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to deternune the utilization of technology, to establish and modify the organizational structure; to select, d'uect and determine the number of personnel; and to perform any inherent managerial function not specifically lunited 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 Empioyer 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 shall be remitted as directed by the Union. • 4.1(1) The Employer shall not deduct dues fram the wages of employees covered by this Agreement for any other labor organization. -1- ARTICLE 4 - UNION RIGHTS (Continued) 4.1(2) The Union shall indemnify and save harmtess the Employer from any and all claims or� charges made against the Employer as a result of the unplementarion of this Article. 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 Article 22 (Cmevance Procedure). 4.3 Upon noYification to a designated Employer supervisor, the Business Manager of the Union, or his designated representauve shatl be permitted to enter the facilities of the Employer where employees covered by this Agreement aze working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employmenP' defined by M,S. 179.63, Subd. 18 for alI empIoyees exclusiveiy represented by the Union. Tlus Agreement shall supersede such "terms and conditions of employment" estabtished by Civil Service Rute, Council Ordinance, and Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 AlI personnei, originally hired or rehired following sepazation, in a regulaz employment status shall � serve a six (6) month probafionary period during which time the employee's fitness and abiliry to perform the position's duties and responsibilities shall be evaluated. 6.1(1) At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). � the reason(s} for such termination, a copy of which shal]_ be sent a written notice of 6.2 All personnel promoted to a higher class shall serve a six (6) month promotional probationary period during which time the empIoyee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.2(1) At any time during the promotional probationary period an employee may be demoted to the-employee's previously held class at the discretion of the Employer without appeai to _ _ the provisions of Article 22 (Grievance Piocedtire): - - 6.2(2) An employee demoted during the promotional probarionary period shall be retumed to the employee's previously held class and shall receive a written notice of the reasons fo. demotion, a copy of which sha[I be sent to the Union. -2- ARTICLE 7- HOURS OF WORK t�r-$b�- � The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute lunch period, between 7:00 a.m. and 5:34 p.m. 7.2 The normai work week shall be five (5} consecutive normal work days Monday through Friday. 73 If, during the term of this Ageement, it is necessary 'sn the Empioyer'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 shail not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 7.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and sha11 remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 7.6 All employees are subject to call back by the Employer as provided by Articie 9(Call BacklCall In). 7.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. �TICLE 8 - OVERTIME 8.1 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 claun will not be honored, even though shown on the dme card, unless the required advance approval has been obtained. 8.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: 82(1) Time worked in excess of eight (8) hours in any one normal work day and 8.2(2) Tune worked in excess of forty (40) hours in any 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 hours worked. 8.4 Overtime hours worked as provided by this Article shall be paid in cash or in compensatory time. The method of payznent shall be determined solely by the Employer. � -3- ARTICLE 9- CALL BACK/CALL IN 9.1 The Employer reTains the right to call in or call back employees before an employee has star[ed a norm� work day or normal work week and after an employee has completed a normal work day or normal work week. 9.2 Bmployees called in or called back shall receive a min;mum of four (4) hours straight time pay at the basic houriy rate or shall be compensated in accordance with Article 8(Overtime), when appiicable, whichever is greater. 9.2(1) Notwithstanding Article 9.2, employees called in four {4) hours or less prior to their normal work day shail complete the normal work day and be compensated only or overtime hours worked in accordance with Article 8(Overkime). ARTICLE IO - WORK LOCATION 10.1 Employees shall report to work locations as assigned by a designated Employer supervisor, During the normal work day employees may be assigned to other work locafions at the direction of the Employer. ARTICLE 11- WAGES ] 1.1 The basic howly wage rates as established by Appendix B shall be paid for all hours warked by an � employee. No retroacrive payment shall be made to any employee who has temunated his/her employment prior to signing of the new Agreement. 11.2 Employees who aze covered by the fringe benefits listed below (City benefits) shall continue to be covered by such benefits. They shall be subject to all other provisions of the Agreement, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12 (Fringe Benef ts). Article 14 11.2(2) Sick Leave as established bq Resolution No. 3250, Section 20. Effective May 1, 2001, the remaining Ciry Benefitted employees shall be chazged with the actual average number of sick leave hours used, or 48 hours, whichever is less, in the wage caiculation. The wages in Appendix B reflect this charge. 11.2(3) Vacation as established by the Saint Paul Salary Plan and Rates of Compensation, Secuon I, Subdivision H. I 1.2(4) Ten (10) legal hotidays as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision I. 11.2(5) Severance benefits as established by Ordinance No. I 1490 or as established by Article � in this Agreement, with a maximum payment of $10,000. -4- ARTICLE 11- WAGES (Confinued) e�-g�� Regulaz empioyees not covered by the fringe benefits listed in Article 11.2 above sha11 be considered, for.the purposes of this Agreement, "participating employees" and shall be compensated in accordance with Article I 1.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12 (Fringe Benefits). 113(1) Participating employees shall use all vacation that they have eamed and are eligible for as outlined in the Lakes and Plains Regional Council of Carpenters & Joiners Regular Vacation and Holiday & Reserve Trust Plan Documents. 11.4 Provisional and temporary employees shall be considered, for the purposes of this Agreement, "participating empioyees" and shall be compensated in accordance with Article I 1.1 (Wages) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 12 (Fringe Benefits). I 1.5 All regular employees employed after February I5, 1974, shall be considered, for the puzpose of this Agreement, "participating employees" and sha11 be campensated in accordance with Article 11.1 (Wages) and have fringe benefit contributions andlor deductions made on theiz behalf as provided for by Article 12 (Fringe Benefits). 11. 6 Employees covered by this agreement aze not eligible to participate in the Pubiic Employee Retirement Associataon (PERA) plan except for those employees hired priar to May l, 2000 who elected to remain under the PERA plan pursuant to Section 353.01 subd. 2b(18) 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. ARTICLE 13 - SELECTION OF FOREMAN AND GENERAL FOREMAN 13.1 The selection of personnel for the class of Carpenter Foreman shall remain solely with the Employer. 13.2 The class of Carpenter Foreman shall be filled by employees of the bargaining unit on a"temporary assigiunent." � -5- ARTICLE 14 - INSURANCE Active Employees � I4.1 This Article shali apply to employees who aze eligible for the fringe benefits Iisted in Article 112 (City benefits). 14.1(1) The insurance plans, premiums for coverages, and benefits contained in the insurance plans offered by the Employer sha11 be solely controiied by the contracts negotiated by the Employer and tke benefit providers. However, the employees setecting the offered plans agree to accept any changes in benefiYS which a specific provider implements. 14.1(2) For employees who select single coverage, the Employer wiil contribute 100% of the cost of the single premium. For empioyees who select dependent coverage, the Employer will contribute 50% of the cost of the dependent premium. 141(3) The Employer wili provide $5,000 of term life insurance for each employee. Retiree Health Beaefits 14.2 Employees who retire must meet the foltowing conditions in order to be eligible for the Empioyer coniribution For retiree health benefits: 14.2(I} Be receiving benefits from a public employee retirement act covering employees of the� City of Saint Paul at the time of rerirement, and 14.2(2) Have severed his/her relationship with the City of Saint Paul under one of the retiree pIans, and 14.2(3) Have severed hislher relationship with the Ciry of Saint Paul for reasons other than an involuntary termination for misconduct. ee does noY meet the yeats of service requirements in sections 14.3 through 14.4, but does satisfy the condit�ons m . , se sin e or family health insurance coverage through the Employer's insurance program. The total cost of such insurance coverage shall be paid by the retiree. EarIy Retirees (under age 65) 143 For thosa employees who retire before age 65 and aze eligible for eazly retiree benefits under the terms set forth in Article I4.2 above arid unfsl such retirees reach sixtxrfive (65}, years of age, the Empioyer sha11 continue to make the same contribution for early retiree benefits as those for aciive eriigloqees. 14.3(1) Por eazly retirees selecting single coverage, the Employer wiIl contribute 100% ofthe premium cost for single coverage. For early retirees seiecting dependent coverage, the� Employer will conh 50% of the premium cost for dependent coverage. �� ARTICLE 14 - INSURANCE (Continued) � � - g(�'J � 14.3(2) The Employer will also continue life insurance benefits for eligible early retirees in the same amount as provided to them as active employees. Life insurance benefiu temiinate at age b5. 14.3(3) When such eazIy retiree attains age 65, the provisions of Article 14.4 shall apply. Regular Retirees (age b5 and older) 14.4 Employees who retire at or after the age of sixty-five (fi5) must meet the conditions set forth in Article 14.2. 14.4(1) For such employees who retire on or before December 31, 1995, the Empioyer agrees to contribute 100% of the single or dependent premium cost for any health insurance plan offered to regulaz retirees and their dependents. This Article shali also apply to early retirees upon reaching age 65, who retired on or before December 31, 1995 under the provisions of Article 14.2. 14.4(2) For such employees who retize a8er December 31, 1995, the Employer agrees to contrihute a maximum of $550.00 per month towazd the premium for single or dependent health insurance coverage offered to regulaz retirees and their dependents. Any unused • portion of the Employer's contribution shall not be paid to the retiree. This Article shall also apply to eazly retirees upon reaching age 65, who retired after December 31, 1995 under the provisions of Article 14.2. Survivur Benefits 14S In the event of the death of an early retiree or a regular retiree, the dependent of the retiree sha11 have the option, within thirty (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the premium and Employer contribution accorded to the eligibie deceased retiree. It is further understood that coverage shail cease in the event of: 14.5(1) Subsequent remarriage of the surviving spouse of the deceased employee or reriree. 14.5(2) The employment of the surviving spouse or dependent where health insurance is obtained through a group ptogram provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. � 6 The contributions indicated in Article 14 shall be paid to the Employer's third party adminisuator or designated representative. -7- ARTICLE 14 - INSURANCE (Cantinued) 14.7 A retiree's participa6on in the City's heaith insurance plan must be continuous. The retiree must be � participating in a Ciry health insurance plan at the time of retirement. If a retiree chooses not to participate at the time of hislher retirement or if a retiree discontinues his/her participation at a later date, such retiree will not be eligible for any future participation or for any Employer contribution. ARTICLE 15 - HOLIDAYS 15.1 The foIlowing ten (10} days shatl be designated as holidays: New Yeaz's Day, January 1 Martin Luther King Day, third Monday in January (effective 1986) Presidents' Day, third Monday in February Memozial Day, last Monday in May Independence Day, 7uly 4 Labor Day, first Monday in September Veterans' Day, November i l Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, foudh Friday in November Cluistmas Day, Becember 25 15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shafl be considered the designated hotiday. When any of these three (3) holidays falls on a Saturday, � preceding Friday sha11 be considered the designated holiday. 15.3 The ten (10) holidays shatl be considered non-work days. 15.4 If in the judgmenY of the Employer personnel aze necessary for operating or emergency reasons, employees may be scheduled or "called back," or "called in," in accordance with Article 9(Call Back/Call In). 15.5 Participating employees, as define m ic e ., . to work on Martin Luther King Day, Presidents' Day, Day Afier Thanksgiving, or Veterans' Day shall be compensated on a straight time basis for such hours worke@. 15.6 Participating employees assigned to work on New Yeaz's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. � � ARTICLE 15 - HOLIDAYS (Continued) D!-$� 3 15.� If an employee other than a Participating employee entifled to a holiday is required to work on Martin � Luther King Day, Presidents' Day, Day After Thanksgiving, or Veterans' Day, hefshe shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department pemuts, or helshe shall be paid on a straight time basis for such hours worked, in addition to his regulaz holiday pay. If an employee other than a participating employee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Dap, Labor Day, Thanksgiving Day or Christmas Day, he(she shall be recompensed for work done on this day by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such hours worked, in addition to his/her regulaz holiday pay. Eligibility for holiday pay shail be determined in accordance with Section I, Subsection I ofthe Saint Paul Salary Plan and Rates of Compensation. ARTICLE 16 - DISCIPLINARY PROCEDURES 16.1 16.2 � 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: 16.2(i) Oral reprimand 16.2(2) Written reprimand 16.2(3) Suspension 16.2(4) Demotaon 16.2(5) Dischazge 163 Employees who are suspended, demoted, or discharged shall have the right to request thai such actions be reviewed by the Civii Service Commission or a designated Boazd of Review. The Civil Service Commission, or a designated Boazd of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. I3o appeal of a suspension, demotion, or dischazge shall be considered a"grievance" for the purpose of processing through the provisions of Article 22 (Grievance Procedure). ARTICLE 17 - ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of each work day. 17.2 Failure to make such notification may be grounds for discipline as provided in Articie 16 (Disciplinaty Procedures). �3 Failure to report for work without notification for three (3) consecntive normal work days may be considered a"quit" by the Employer on the part af the empioyee. -9- ARTICLE 18 - SE1vIORITY 18.1 Seniority, for the purposes of this Agreement, shall be defined as follows: � 18.1(1) "Master Seniority" - the length of continuous regular and pmbationary service with the Employer &om the last date of employment in any and all class tides covered by this Agreement. 18.1(2) "Class Seniority" - the length of coatinuous regular and probationary service with the Employer from the date an employee was first appointed to a class titie covered by this Agreement. 18.2 Seniority shall not accumulate during an unpaid Ieave of absence, except when such a leave is granted for a period of less than thirty (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 posirion with the Union. 183 Seniority shall terminate when an employee retires, resigns, or is dischazged. 18.4 In the event it is deternuned by the Employer that it is necessary to reduce the work force, employees will be laid off by class title within each Department based on inverse length of "CIass Seniority". I 8.5 The selecYion of vacation periods shall be made by class title based on length of "Class Seniority", subject to the approvaI of the Employer. � ARTICLE 19 - JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of Yhe Employer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutuat agreements between the uaions involved. 193 In the event of a dispute concerning the performance or assi ved 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 originaliy assigned pending resoIution of the dispute, or to restrict the Employer's basic right to assign work. 14.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 19.2 and 193 above shatl be subject to disciplinary action as provided in Article 16 (Disciglinary Procedures). 19.5 There shalI be no work stoppage, slow down, or any disruption of work resulting from a work assignment. � � -10- ARTICLE 20 - SEPARATION �l-8� 3 � 1 Employees having a probationary or regulaz employment status shall be considered separated from employment based on the following actions: 20.1(1) Resignation Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.1(2) Discharge As provided in Article 1 b. 20.1(3) Failure to Report for Duty As provided in Article 17. 20.2 Employees having a temporary or provisional employznent status may be terminated at the discretion of the Empioyer before the completion of a normai work day. ARTICLE 21 - TOOLS 21.1 Ali employees shail personally provide themselves with all necessary hand tools. �2TICLE 22 - GRIEVANCE PROCEDURE 22.1 The Employer shall recognize the Stewazd selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the name of the Steward and of their successor when so named. 22.2 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 invoived and a grieving employee shail suffer no loss in pay when a grievance is processed during working hours, provided, the Stewazd and the employee have norified 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. 223 The procedure established by this Article sha11 be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 163, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. � � -11- ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) 22.4 Grievances shall be resolved in conformance with the following procedure: � Step 1 Upon the occurrence of an alieged vioiafion of this Agreement, the employee involved shail attempt to resoive the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by ttie informal discussion it may be reduced to writing and refened to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) catendaz days of the ftrst occturence of the event giving rise to the grievance or withirt the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to ttie grievance, shatl be considered waived. Step 2 Within seven (7} calendaz days after receiving the written grievance a designated Employer supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Emptoyer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (9) calendaz days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days foliowing receipt of the Employer's answer shail be considered waived. Step 3 Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer supervisor sha11 meet with the Union Business Manager or his/her � designated representative and attempt to resolve the grievance. Within seven (7) calendaz days following this meeting, the Employer shali 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 Yo Step 4 within seven (7) calendaz days foliowing receipt of the Employer's answer shall be considered waived. emains unresoIved, the Union may witivn seven (7} caiendar days after the response of the Employer in Step 3, by wntten no , of the grievance. The azbitration proceedings shall be conduoted by an arbitrator to i�e 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 mutuaily agree upon an arbitrator witiun the said seven (7) day period, either gazty may request the Buteau of Mediation Services Yo submit a panel of five (5) azbitrators. Both the Employer and the Union sha11 have the right to strike two (2) names from the panel. _ The Union shalI str�ce the first (1 st} name; the Employez,shall then s�ike one (1) nawe. The process wilI be repeated and the remaining person shatl be the arbitrator. L_ J -12- ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) � � 5 The azbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The azbitrator shall consider and decide only the specific issue submitted in wrlting by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The azbitrator shail 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. 'I'he azbitrator's decision shall be submitted in writing within thirty(30) days following close of fhe hearing or the submission of briefs of the parties, whichever be later, unless the parties agree to an extension. The decision shail be hased 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 sha11 be final and binding on the Employer, the Union, and the employees. 22.6 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 shali be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual ag�eement of the Employer and the Union. �TICLE 23 - RIGHT OF SUBCONTRACT 23.1 The Employer may, at any rime during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction of the work force covered by this Agreement, the Emgioyer shall give the Union a siacty (60) calendar day notice of the intention to subcontract. 232 The subcontracting of work done by the empioyees covered by this Agreement shall in ali cases be made only to empioyers who qualify in accordance with Ordinance 14013. ARTICLE 24 - NONDISCRIMINATION 24.1 The terms and conditions of this Agreement will be appiied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, se�c, age, or because of membership or non-membership in the Union. 24.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public. � -13- ARTICLE 25 - SEVERABILITY 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by pzoper legistative, administrative, or judicial aufhority from wfiose finding, detemunation, or decree no appe� is taken, such provision(s) shall be voided. All other provisions shall continue in full force aad effect. 25.2 The parties agree to, upon written notice, enter into negotiations io place the voided provisions of the Agreement in compliance with the legislative, administrative, or judiciai deterniination. ARTICLE 26 - WAIVER 26.1 The Employer and the Union aclmowledge that during the meeting aad negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the Yerms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right aze fuIly and completeiy set forth in this Agreement. 26.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the other parry shal] not be obligaTed to meet and negotiate over any term or condifions of employment whether specifically covered or not specifically covered by this Agreement. The Union and Employer may, however, muhaally agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreements, resolurions, practices, policies, and nzles or regulations regarding the terms and conditions of empioyment, to the extent they aze inconsistent with this � Agreement, aze hereby superseded. ARTICLE 27 - CITY MILEAGE FLAN 27.1 Automobite Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Legislative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions aze adopted. 27.2 Method of Computation: To be eligible for such reimb receive written authorization from ttte Department Head. Type 1 If an employee is required to use tus/her own automobile OCCASIONALLY during employment the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicie is actually used in perfomuag the duties of Yhe employee's position. In addition, the empIoyee shatI be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the deparlment head or designated representafive determines that an employer vehicle is available for ihe employee's use but the employee desires to use his/her own automobile, then the empIoyee shali be reimbursed at the rate of $.20 per mile driven and shall not � eligible for any per diem. �� C�gb� ARTICLE 27 - CITY MILEAGE PLAN (Continued) � Type 2 If an empioyee is required to use his/her own automobile REGULARLY during employment, the employee shail be reimbursed at the rate of $4.00 per day for each day of work. In addirion, the employee shall be reunbursed $20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the departrnent head or designated reptesentafive determines that an employer vehicle is available for the employee's use but the employee desires to use hislher own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. 27.3 The City will provide parking at the Civic Center Pazking Ramp for City employees on either of the above mentioned types of reimbursement plans who aze required to have their personal caz available for City business. Such pazking will be provided only for the days the employee is required to have his or her own personal caz available. 27.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedwes for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than $100,000!$300,000 for personal injury, and $25,000 for property � damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, sha11 be maintained on file with the City Clerk. ARTICLE 28 - SEVERANCE PAY 28.1 The Employer shall provide a severance pay program as set forth in this Article. 28.2 To be eligible for the severance pay program, an employee must meet the foilowing requirements: 28.2(1} The employee must be 58 yeazs of age or older or must be eligible for pension under the "rule of 85" or the "mle of 90" provisions of the Public Empioyees Refuement Association (PERA). The "rule of 85" or the "rule of 90" criteria shali aiso apply to employees covered by a public pension plan other than PERA. 28.2(2) The employee must be voluntarily separated from Ciry employment or have been subject to separation by lay-off or compulsory rerirement. Those employees who aze discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the City severance pay program. 28.2(3) The employee must have at least ten (10) years of consecutive service under the classified � or unclassified Civil Service at the time of sepazation. -15- ARTICLE 28 - SEVERANCE PAY (Continued) 28.2(4} The employee must file a waiver of re-employment with the Duector of Personnel, w� wiil clearly indicate that by requesting severance pay, the employee waives all claims t reinstatement or re-employment (of any type), with the Ciry. 28.2(5) The empioyee must have accumulated a minimum of eighty (80) days of sick leave credits at the time of his sepazation &om service. 283 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she wili be granted severance pay in an amouat equal ta one-half of the daily rate of pay for the position held by the employee on the date of sepazation for each day of accrued sick leave subject to a m�imum of $1 d,000. 28.4 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay will be tnade to the employee's estate or spouse. 28S The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 28.6 This severance pay program shatl be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where ttle specific provisions of this article conflict with said ordinance and in such cases, the provisions of this Article sha11 control. � 28.7 tlny employee hired prior to February 15, 1974 may, in any event, and upon meeting the qualifications of this articie or City Ordinance No. I 1490, as amended by City Ordinance No. 16303, Section 1, Section 6, draw severance pay. However, an election by the employee to draw severance pay under either this article or the ordinance sha11 constitute a bar to receiving severauce pay from the other. ARTICLE 29 - UNIFORM ALLOWANCE 29.1 A uniform allowance base of three hundred and - ve o . wance on a voncher system is established for 1986 for ali inspec&onal employees of the �ire Prevention Division of the Saint Paul Department of Fire and Safety Services covered by this Agreement. Items covered by this clothing allowance shall be defined by the Employer. � -16- ARTICLE 30 - DURATION AND PLEDGE ��-8'�a- �0.1 This Agreement shall become effecrive 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 yeaz to yeaz thereafter unless notice to change or to terminate is given in the manner provided in 30.2. 30.2 If either party desires to terminate or modify this Agreement, effective as of the date of expiration, the party wishing to modify or terminate the Agreement shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendat days prior to the expiration date, provided, that the Agreement may only be so ternrinated or modified effective as of the expiration date. 303 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein estabiished 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: 30.3(1) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, will fully absent ihemselves 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. 303(2) The Employer will not engage in, instigate, or condone any lock-out of employees. . 30.3(3) This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City, and is also subject to ratification by the Union. � -17- ARTICLE 30 - DURATION AND PLEDGE (Continued) ��'�`� o�- �eed to this�th day of July, 2001, and attested to as the full and complete understanding of the parties 'tbr the period of time herein specified by the signature of the following representative for the Employer and the Union: WITNESSES CITY OF SAINT PAUL �� on Schmidt Labor Relations Specialist �- a�/� Dar� ' r , theiine Megarry Labor Relations Director j �� f7 ( Date � MINNESOTA STATEWIDE DISTRICT COjJ1VCIL OF CARPENTERS l'� �Alf� ��U.d,L�\ Patrick Bristol Business Manager �� Date � , .. . APPENDIX A �!-gb a- � classes of positions recognized by the Employer as being exclusively represented by the Union aze as ows: Catpenter Carpenter-Foreman Building Inspector Buiiding Inspector (Cacpenter, Plasterer, Lather) Senior Building Inspector and other classes which may be established by the Bmployer where both parties agree that the newly established classes should be represented by the Union. In the event that the parties cannot agree, the issue shall be determined by the State Bureau of Mediation Services. i • � ',AP'P�NDIX B b l -$b a L The basic hourly wage rate for temporary employees and union-benefitted empioyees appointed to the following class of positions who are not participating in PERA shall be: � Carpenter Carpenter Foreman Building Inspector i st Step 2nd Step 3rd Step Effective 5/5/Oi $27.51 * $29.26* $27.51 * $29.26* $32.66* Senior Building Inspector $35.78* Effective 6!2/Ol $27.06* $28.81 * $27.06* $28.81 * $32.21 * $35.33* * This rate includes a taacable vacation contribution of $1.82. Effective 5/1l02 (or closest payperiod) 5/1/03 (or closest payperiod� $*�x� $**+� $*** $�s:r* $�� $**** $**� $**** $*+�: $��* $�** $**** 2. The basic hourly wage rate for union-benefitted employees appointed to the following ciass of pos3tions who . are participafing in PERA: Cazpenter Carpenter Foreman Buiiding Inspector 1 st Step 2nd Step 3rd Step �enior Building Inspector Effective 5/5(Q 1 $26.16* $27.82* $26.16* $27.82* $31.05* $34.02* Effective 6!2lO1 $25.73 * $27.39* $25.73* $27.39* $3�.62* $33.59* Effective Effective 5l1/02 (or closest payperiod) 12/29(O1 5/1(03 (or closest �ayperiodl $25.64*� $*x* �� $27.30** $*** $�**:� $25.64�* $*** $**** $27.30*� $*** $**** $30.52** $*** $***� $33.48�* �*�* ��x�:x '� This rate includes a taxable vacation contribution of $1.82 � -Bl- „� . APPENDIX B (Continued) oj-88 a-- Note: regular employees pay 5.18% to PERA. **Effective 1(1/02 the State of Minnesota increased this rate to i 5.53%. This rate is subject to fiuther increase or decrease by the State of Minnesota. 3. The basic hourly wage rate for provisional, regular and probationary employees appointed to the following classes of positions who are not receiving the Fringe $enefits listed in Article 12 (also known as City Benefitted Employeesl shall be: Carpenter Cazpenter Foreman Building Inspector lst Step 2nd Step 3rd Step • Senior Building Inspectar Effective Effective 5/5/Ol 12/29l01 $25.86 $25.77** $27.28 $27.18** $25.86 $25.77** $27.28 $27.18** $30.04 $24.94** $32.58 $32.47** Effective 5/1/02 (or closest payroll period) 5/1/03 (or closest pavroll period� $**� $**:�* $**+ $��*� $�*+ $*** g*** $�*� $**�* $+*** �+*** $**�* ***Effective May 1, 2002 (or ciosest payperiod) an additional$1.85 per hour increase wiil be added to the total package. The parties will agree prior to that date regarding the distribution of the $1.85 between wages and fringes. *'�**Effective May 1, 2003 (or closest payperiod) an addit3onal$1.80 per hour increase will be added to the total package. The parties wili agree prior to that date regazd'mg the distribution of the $1.80 between wages and fringes. Ail Buiiding Inspectors shall be paid the appropriate step in accordance with Section I(one), Subsection J of the St. Paul Salary Plan and Rates of Compensation. [f the Union elects to have the contributions listed in Appendix C increased or decreased, the Employer may adjust the ibove applicable rates for participating employees in such a way that the total cost of the package (wage rate plus :ontribution) remains constant. C� C .APPENDIX C E�ve May 5, 20Q1 the Employer shail: r ►�' (1) contribute to a Union designated Health , Welfare and Dental Fund $2.50 per flour for all hours worked by "participating employees," as defined in Articles 11.3, 11.4 and 11.5, of this Agreement. Effective June 2, 2001 this rate will increase to $2.75 per hour. (2) conttibute to a Defined Benefif Pension Fund $3.70 per hour for all hours worked by "participating empioyees." (3) contribute to a Defined Contriburion Pension Fund $.SO per hout for all hours worked by "participatu�g employees". Effective June 2, 2001 this rate will increase to $1.00 per hour. (4) contribute to a Vacarion Fund $1.82 per hour for all hours worked by "participating employees." A payroli deduction in this amount shall be made from the hourly tates listed in Appendix B. (5) contribute to an Apprenticeship Training Fund $.18 per hour for all hours worked by "participating employees." • � - Cl OR1G,t�(AL RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented Refened To Committee Date CouncilFile# �l�$o� Green Sheet # 106848 1`� RESOLVED, that the Council of the City of Saint Paui hereby approves and ratifies the attached May 2001 thru April 2004 Labor Agreement between the City of Saint Paul and the Lakes and Plains Regional Council of Carpenters and Joiners. 1 w � �, . -,. . ..- �, � ,; ��,�,, ,� ..,,�� Requested by Depamnent of. Office of Labor Relations By: �� . e, � Form Ap ved by �orney � By: �`c Approved by ayor {'Or u mission to Council � �v By: / Adopted by Council: Date ap Adopfion Certified by Council Secretary � DEPAR'C�NTlOFFICE/COUNCIL: LABOR RELATIONS CONTACP PERSON & PHONE: JiILIE KRAUS 266-6513 MUST EE ON COUNCII. AGEPiDA BY (DAT� TOTAL # OF SIGNATURE °A� �`TT`'�D GREEN SHEET No.: 106848 July 23, 2001 O ��'t� � � ` � I �fI IAIJDATE INPI7ALDAIE ASSIGN t DEPARTMENT DIIt � 4 C1TY COi3NCII, NLJMBEg 2 CITY ATTORNEY � CITY CL,Ei2K FOR BUDCET DII2. F[N. & MGT. SERVICE DII2. ROUTING 3 MAYOR (OR ASST.) ORDER ALL LOCATIONS FOR acr[ox �QrJESrEn: This resolution approves the attached May 2001 thru Apri12004 Labor Agreement between the City of Saint Paui and the Lakes and Plains Regional Councii of Carpenters and Joiners. RECONMfENDA1TONS: Approve (A) or Reject (R) _PLANP7ING COM[vIISSION _CIVIL SERVICE COMIvIISSION CIB COMIvIl1TEE STAPF DISTRTCT WURT SUPPORTS WHICH COUIVCIL OBJECTIVE? PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWIlYG QUESTIONS: 1. Has this person/fimi ever worked under a contract for this departrnent? Yes No 2. Hu this person/fum ever been a city employee? Yes No 3 Does this persoNSrm possess a skill not nortnally possessed by any cwrent city Yes No Explain alI yes answers on separate sheet and atiach to green sheet INTTL4TING PROBLEM, ISSUE, OPPORTLJNTTY (Who, What, When, Where, Why): Contract expired Apri130, 20Q1 ADVANTAGES IF APPROVED' J4lL � 7 200i Contract in place through Apri130, 2004. This agreement has been ratified by the union members. DGSADVAN'CAGES IF APPROVED' None DISADVANTAGES IF NOT APPROVED: No agreement in place - labor unrest. TOTAL AMOIINT OF TRANSACI'fON: FUNDING SOURCE: COST/REVENUE BUDGETED: ACTNITY NtJMBER: FINANCIAL INFORMATION: (EXPLAIN) o � -�ro a- ATTACFIMENT TO THE GREEN SHEET MAINTENANCE LABOR AGREEMENT WITH 'THE LAKES AND PLAINS REGIONAL COUNCIL OF CARPENTERS AND JOINERS Below is a suminary of the changes in the Maintenance Labor Agreement between the City of Saint Paui and the Lakes and Plains Regional Council of Carpenters and Joiners. Duration: May i, 200] through April 30, 2004. Waees; The City agreed to the prevailing wage rate. Language: Changes to the language were basically of a housekeeping nature for clarification and clean up. G:\SharedV,RCOMMOIV�CONTRAC1lCarpenter�2001\gmshtattachment wpd ;,�._ � - ,� � � -�'Oa � . _ � MAY 2001 TI�OUGI� APRII, 2004: - � . �_ � . � � _ LABOR AGREE�l�T� -�.� - �_ _ - � � � .: � � � _ - bet�veen -_, � '� - � � � �� , T�E CITY; 0F �AIN'�' l'A�T� = - = � �� : - and-- - - _ _ . , > � LAKES �ND PL�r1�TS REGI4NAL COLT�TCIL 0F ��Rt'E�T'TERS A�TD �OI��S � _ - � _ - � , � , , �C-�b a INDEX � ARTICLE TTTLE PAGE Preamble ....................................................... ii l Purpose ..........................................................1 2 Recognition ......................................................1 3 Employer Rights ..................................................1 4 Union Rights .....................................................1 5 Scope ofthe Agreement .............................................2 6 Probationary Periods ...............................................2 7 Hoursof Work ....................................................3 8 Overtime ........................................................3 9 Ca1lBacklCallIn ..................................................4 10 Work Location ....................................................4 11 Wages ...........................................................4 12 Fringe Benefits ....................................................5 13 Selection of Foreman and Generai Foreman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 14 Insurance ........................................................5 • IS Holidays .........................................................8 16 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 17 AbsencesFrom Work ..............................................9 18 Seniority .........................................................9 19 Jurisdiction ......................................................10 20 Separation ......................................................il 2l Tools ..........................................................11 22 Grievance Procedure ..............................................11 23 Rightof Subcontract ..............................................13 24 Nondiscrimination ................................................13 25 Severability .....................................................14 26 Waiver .........................................................14 27 City Mileage Plan ................................................14 28 5everance Pay ...................................................IS 29 Uniform Aliowance ...............................................16 30 Duration and Pledge ...............................................1? Appendix .................................................... AI � APPendix B .................................................... BI Appendix C . . . C i i DI-�D �- PREAMBLE � This Agzeement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the Lakes and Plains Regionai Council of Carpenters and Joiners, hereina$er refeaed to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. The Employer and the Union both realize that this goai depends not only on the words in the Agteement but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the City, the Union, and the individual employees will best serve the needs of the general � public. LJ ii ARTICLE 1- PURPOSE ��$D a � The Employer and the Union agree that the purpose for entering into this Agreement is to: 11(1) Achieve orderly and peaceful relations, thereby estabiishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concemed; i.i (2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon bp the Employer and the Union; 1.1(3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Llnion 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 confl]ct so that it conforms to the statute as provided by Article 25 (Severability). ARTICLE 2 - RECOGNITION 21 The Employer recognizes the Union as the exclusive representative for collective bazgaining gurposes � for all personnel having an employment status of regular, probationary, provisional, and temporary employed in the classes of positions defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-478-A dated April 16, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage ali personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to deternune the utilization of technology, to establish and modify the organizational structure; to select, d'uect and determine the number of personnel; and to perform any inherent managerial function not specifically lunited 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 Empioyer 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 shall be remitted as directed by the Union. • 4.1(1) The Employer shall not deduct dues fram the wages of employees covered by this Agreement for any other labor organization. -1- ARTICLE 4 - UNION RIGHTS (Continued) 4.1(2) The Union shall indemnify and save harmtess the Employer from any and all claims or� charges made against the Employer as a result of the unplementarion of this Article. 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 Article 22 (Cmevance Procedure). 4.3 Upon noYification to a designated Employer supervisor, the Business Manager of the Union, or his designated representauve shatl be permitted to enter the facilities of the Employer where employees covered by this Agreement aze working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employmenP' defined by M,S. 179.63, Subd. 18 for alI empIoyees exclusiveiy represented by the Union. Tlus Agreement shall supersede such "terms and conditions of employment" estabtished by Civil Service Rute, Council Ordinance, and Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 AlI personnei, originally hired or rehired following sepazation, in a regulaz employment status shall � serve a six (6) month probafionary period during which time the employee's fitness and abiliry to perform the position's duties and responsibilities shall be evaluated. 6.1(1) At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). � the reason(s} for such termination, a copy of which shal]_ be sent a written notice of 6.2 All personnel promoted to a higher class shall serve a six (6) month promotional probationary period during which time the empIoyee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.2(1) At any time during the promotional probationary period an employee may be demoted to the-employee's previously held class at the discretion of the Employer without appeai to _ _ the provisions of Article 22 (Grievance Piocedtire): - - 6.2(2) An employee demoted during the promotional probarionary period shall be retumed to the employee's previously held class and shall receive a written notice of the reasons fo. demotion, a copy of which sha[I be sent to the Union. -2- ARTICLE 7- HOURS OF WORK t�r-$b�- � The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute lunch period, between 7:00 a.m. and 5:34 p.m. 7.2 The normai work week shall be five (5} consecutive normal work days Monday through Friday. 73 If, during the term of this Ageement, it is necessary 'sn the Empioyer'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 shail not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 7.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and sha11 remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 7.6 All employees are subject to call back by the Employer as provided by Articie 9(Call BacklCall In). 7.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. �TICLE 8 - OVERTIME 8.1 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 claun will not be honored, even though shown on the dme card, unless the required advance approval has been obtained. 8.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: 82(1) Time worked in excess of eight (8) hours in any one normal work day and 8.2(2) Tune worked in excess of forty (40) hours in any 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 hours worked. 8.4 Overtime hours worked as provided by this Article shall be paid in cash or in compensatory time. The method of payznent shall be determined solely by the Employer. � -3- ARTICLE 9- CALL BACK/CALL IN 9.1 The Employer reTains the right to call in or call back employees before an employee has star[ed a norm� work day or normal work week and after an employee has completed a normal work day or normal work week. 9.2 Bmployees called in or called back shall receive a min;mum of four (4) hours straight time pay at the basic houriy rate or shall be compensated in accordance with Article 8(Overtime), when appiicable, whichever is greater. 9.2(1) Notwithstanding Article 9.2, employees called in four {4) hours or less prior to their normal work day shail complete the normal work day and be compensated only or overtime hours worked in accordance with Article 8(Overkime). ARTICLE IO - WORK LOCATION 10.1 Employees shall report to work locations as assigned by a designated Employer supervisor, During the normal work day employees may be assigned to other work locafions at the direction of the Employer. ARTICLE 11- WAGES ] 1.1 The basic howly wage rates as established by Appendix B shall be paid for all hours warked by an � employee. No retroacrive payment shall be made to any employee who has temunated his/her employment prior to signing of the new Agreement. 11.2 Employees who aze covered by the fringe benefits listed below (City benefits) shall continue to be covered by such benefits. They shall be subject to all other provisions of the Agreement, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12 (Fringe Benef ts). Article 14 11.2(2) Sick Leave as established bq Resolution No. 3250, Section 20. Effective May 1, 2001, the remaining Ciry Benefitted employees shall be chazged with the actual average number of sick leave hours used, or 48 hours, whichever is less, in the wage caiculation. The wages in Appendix B reflect this charge. 11.2(3) Vacation as established by the Saint Paul Salary Plan and Rates of Compensation, Secuon I, Subdivision H. I 1.2(4) Ten (10) legal hotidays as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision I. 11.2(5) Severance benefits as established by Ordinance No. I 1490 or as established by Article � in this Agreement, with a maximum payment of $10,000. -4- ARTICLE 11- WAGES (Confinued) e�-g�� Regulaz empioyees not covered by the fringe benefits listed in Article 11.2 above sha11 be considered, for.the purposes of this Agreement, "participating employees" and shall be compensated in accordance with Article I 1.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12 (Fringe Benefits). 113(1) Participating employees shall use all vacation that they have eamed and are eligible for as outlined in the Lakes and Plains Regional Council of Carpenters & Joiners Regular Vacation and Holiday & Reserve Trust Plan Documents. 11.4 Provisional and temporary employees shall be considered, for the purposes of this Agreement, "participating empioyees" and shall be compensated in accordance with Article I 1.1 (Wages) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 12 (Fringe Benefits). I 1.5 All regular employees employed after February I5, 1974, shall be considered, for the puzpose of this Agreement, "participating employees" and sha11 be campensated in accordance with Article 11.1 (Wages) and have fringe benefit contributions andlor deductions made on theiz behalf as provided for by Article 12 (Fringe Benefits). 11. 6 Employees covered by this agreement aze not eligible to participate in the Pubiic Employee Retirement Associataon (PERA) plan except for those employees hired priar to May l, 2000 who elected to remain under the PERA plan pursuant to Section 353.01 subd. 2b(18) 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. ARTICLE 13 - SELECTION OF FOREMAN AND GENERAL FOREMAN 13.1 The selection of personnel for the class of Carpenter Foreman shall remain solely with the Employer. 13.2 The class of Carpenter Foreman shall be filled by employees of the bargaining unit on a"temporary assigiunent." � -5- ARTICLE 14 - INSURANCE Active Employees � I4.1 This Article shali apply to employees who aze eligible for the fringe benefits Iisted in Article 112 (City benefits). 14.1(1) The insurance plans, premiums for coverages, and benefits contained in the insurance plans offered by the Employer sha11 be solely controiied by the contracts negotiated by the Employer and tke benefit providers. However, the employees setecting the offered plans agree to accept any changes in benefiYS which a specific provider implements. 14.1(2) For employees who select single coverage, the Employer wiil contribute 100% of the cost of the single premium. For empioyees who select dependent coverage, the Employer will contribute 50% of the cost of the dependent premium. 141(3) The Employer wili provide $5,000 of term life insurance for each employee. Retiree Health Beaefits 14.2 Employees who retire must meet the foltowing conditions in order to be eligible for the Empioyer coniribution For retiree health benefits: 14.2(I} Be receiving benefits from a public employee retirement act covering employees of the� City of Saint Paul at the time of rerirement, and 14.2(2) Have severed his/her relationship with the City of Saint Paul under one of the retiree pIans, and 14.2(3) Have severed hislher relationship with the Ciry of Saint Paul for reasons other than an involuntary termination for misconduct. ee does noY meet the yeats of service requirements in sections 14.3 through 14.4, but does satisfy the condit�ons m . , se sin e or family health insurance coverage through the Employer's insurance program. The total cost of such insurance coverage shall be paid by the retiree. EarIy Retirees (under age 65) 143 For thosa employees who retire before age 65 and aze eligible for eazly retiree benefits under the terms set forth in Article I4.2 above arid unfsl such retirees reach sixtxrfive (65}, years of age, the Empioyer sha11 continue to make the same contribution for early retiree benefits as those for aciive eriigloqees. 14.3(1) Por eazly retirees selecting single coverage, the Employer wiIl contribute 100% ofthe premium cost for single coverage. For early retirees seiecting dependent coverage, the� Employer will conh 50% of the premium cost for dependent coverage. �� ARTICLE 14 - INSURANCE (Continued) � � - g(�'J � 14.3(2) The Employer will also continue life insurance benefits for eligible early retirees in the same amount as provided to them as active employees. Life insurance benefiu temiinate at age b5. 14.3(3) When such eazIy retiree attains age 65, the provisions of Article 14.4 shall apply. Regular Retirees (age b5 and older) 14.4 Employees who retire at or after the age of sixty-five (fi5) must meet the conditions set forth in Article 14.2. 14.4(1) For such employees who retire on or before December 31, 1995, the Empioyer agrees to contribute 100% of the single or dependent premium cost for any health insurance plan offered to regulaz retirees and their dependents. This Article shali also apply to early retirees upon reaching age 65, who retired on or before December 31, 1995 under the provisions of Article 14.2. 14.4(2) For such employees who retize a8er December 31, 1995, the Employer agrees to contrihute a maximum of $550.00 per month towazd the premium for single or dependent health insurance coverage offered to regulaz retirees and their dependents. Any unused • portion of the Employer's contribution shall not be paid to the retiree. This Article shall also apply to eazly retirees upon reaching age 65, who retired after December 31, 1995 under the provisions of Article 14.2. Survivur Benefits 14S In the event of the death of an early retiree or a regular retiree, the dependent of the retiree sha11 have the option, within thirty (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the premium and Employer contribution accorded to the eligibie deceased retiree. It is further understood that coverage shail cease in the event of: 14.5(1) Subsequent remarriage of the surviving spouse of the deceased employee or reriree. 14.5(2) The employment of the surviving spouse or dependent where health insurance is obtained through a group ptogram provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. � 6 The contributions indicated in Article 14 shall be paid to the Employer's third party adminisuator or designated representative. -7- ARTICLE 14 - INSURANCE (Cantinued) 14.7 A retiree's participa6on in the City's heaith insurance plan must be continuous. The retiree must be � participating in a Ciry health insurance plan at the time of retirement. If a retiree chooses not to participate at the time of hislher retirement or if a retiree discontinues his/her participation at a later date, such retiree will not be eligible for any future participation or for any Employer contribution. ARTICLE 15 - HOLIDAYS 15.1 The foIlowing ten (10} days shatl be designated as holidays: New Yeaz's Day, January 1 Martin Luther King Day, third Monday in January (effective 1986) Presidents' Day, third Monday in February Memozial Day, last Monday in May Independence Day, 7uly 4 Labor Day, first Monday in September Veterans' Day, November i l Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, foudh Friday in November Cluistmas Day, Becember 25 15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shafl be considered the designated hotiday. When any of these three (3) holidays falls on a Saturday, � preceding Friday sha11 be considered the designated holiday. 15.3 The ten (10) holidays shatl be considered non-work days. 15.4 If in the judgmenY of the Employer personnel aze necessary for operating or emergency reasons, employees may be scheduled or "called back," or "called in," in accordance with Article 9(Call Back/Call In). 15.5 Participating employees, as define m ic e ., . to work on Martin Luther King Day, Presidents' Day, Day Afier Thanksgiving, or Veterans' Day shall be compensated on a straight time basis for such hours worke@. 15.6 Participating employees assigned to work on New Yeaz's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. � � ARTICLE 15 - HOLIDAYS (Continued) D!-$� 3 15.� If an employee other than a Participating employee entifled to a holiday is required to work on Martin � Luther King Day, Presidents' Day, Day After Thanksgiving, or Veterans' Day, hefshe shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department pemuts, or helshe shall be paid on a straight time basis for such hours worked, in addition to his regulaz holiday pay. If an employee other than a participating employee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Dap, Labor Day, Thanksgiving Day or Christmas Day, he(she shall be recompensed for work done on this day by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such hours worked, in addition to his/her regulaz holiday pay. Eligibility for holiday pay shail be determined in accordance with Section I, Subsection I ofthe Saint Paul Salary Plan and Rates of Compensation. ARTICLE 16 - DISCIPLINARY PROCEDURES 16.1 16.2 � 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: 16.2(i) Oral reprimand 16.2(2) Written reprimand 16.2(3) Suspension 16.2(4) Demotaon 16.2(5) Dischazge 163 Employees who are suspended, demoted, or discharged shall have the right to request thai such actions be reviewed by the Civii Service Commission or a designated Boazd of Review. The Civil Service Commission, or a designated Boazd of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. I3o appeal of a suspension, demotion, or dischazge shall be considered a"grievance" for the purpose of processing through the provisions of Article 22 (Grievance Procedure). ARTICLE 17 - ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of each work day. 17.2 Failure to make such notification may be grounds for discipline as provided in Articie 16 (Disciplinaty Procedures). �3 Failure to report for work without notification for three (3) consecntive normal work days may be considered a"quit" by the Employer on the part af the empioyee. -9- ARTICLE 18 - SE1vIORITY 18.1 Seniority, for the purposes of this Agreement, shall be defined as follows: � 18.1(1) "Master Seniority" - the length of continuous regular and pmbationary service with the Employer &om the last date of employment in any and all class tides covered by this Agreement. 18.1(2) "Class Seniority" - the length of coatinuous regular and probationary service with the Employer from the date an employee was first appointed to a class titie covered by this Agreement. 18.2 Seniority shall not accumulate during an unpaid Ieave of absence, except when such a leave is granted for a period of less than thirty (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 posirion with the Union. 183 Seniority shall terminate when an employee retires, resigns, or is dischazged. 18.4 In the event it is deternuned by the Employer that it is necessary to reduce the work force, employees will be laid off by class title within each Department based on inverse length of "CIass Seniority". I 8.5 The selecYion of vacation periods shall be made by class title based on length of "Class Seniority", subject to the approvaI of the Employer. � ARTICLE 19 - JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of Yhe Employer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutuat agreements between the uaions involved. 193 In the event of a dispute concerning the performance or assi ved 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 originaliy assigned pending resoIution of the dispute, or to restrict the Employer's basic right to assign work. 14.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 19.2 and 193 above shatl be subject to disciplinary action as provided in Article 16 (Disciglinary Procedures). 19.5 There shalI be no work stoppage, slow down, or any disruption of work resulting from a work assignment. � � -10- ARTICLE 20 - SEPARATION �l-8� 3 � 1 Employees having a probationary or regulaz employment status shall be considered separated from employment based on the following actions: 20.1(1) Resignation Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.1(2) Discharge As provided in Article 1 b. 20.1(3) Failure to Report for Duty As provided in Article 17. 20.2 Employees having a temporary or provisional employznent status may be terminated at the discretion of the Empioyer before the completion of a normai work day. ARTICLE 21 - TOOLS 21.1 Ali employees shail personally provide themselves with all necessary hand tools. �2TICLE 22 - GRIEVANCE PROCEDURE 22.1 The Employer shall recognize the Stewazd selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the name of the Steward and of their successor when so named. 22.2 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 invoived and a grieving employee shail suffer no loss in pay when a grievance is processed during working hours, provided, the Stewazd and the employee have norified 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. 223 The procedure established by this Article sha11 be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 163, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. � � -11- ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) 22.4 Grievances shall be resolved in conformance with the following procedure: � Step 1 Upon the occurrence of an alieged vioiafion of this Agreement, the employee involved shail attempt to resoive the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by ttie informal discussion it may be reduced to writing and refened to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) catendaz days of the ftrst occturence of the event giving rise to the grievance or withirt the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to ttie grievance, shatl be considered waived. Step 2 Within seven (7} calendaz days after receiving the written grievance a designated Employer supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Emptoyer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (9) calendaz days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days foliowing receipt of the Employer's answer shail be considered waived. Step 3 Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer supervisor sha11 meet with the Union Business Manager or his/her � designated representative and attempt to resolve the grievance. Within seven (7) calendaz days following this meeting, the Employer shali 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 Yo Step 4 within seven (7) calendaz days foliowing receipt of the Employer's answer shall be considered waived. emains unresoIved, the Union may witivn seven (7} caiendar days after the response of the Employer in Step 3, by wntten no , of the grievance. The azbitration proceedings shall be conduoted by an arbitrator to i�e 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 mutuaily agree upon an arbitrator witiun the said seven (7) day period, either gazty may request the Buteau of Mediation Services Yo submit a panel of five (5) azbitrators. Both the Employer and the Union sha11 have the right to strike two (2) names from the panel. _ The Union shalI str�ce the first (1 st} name; the Employez,shall then s�ike one (1) nawe. The process wilI be repeated and the remaining person shatl be the arbitrator. L_ J -12- ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) � � 5 The azbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The azbitrator shall consider and decide only the specific issue submitted in wrlting by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The azbitrator shail 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. 'I'he azbitrator's decision shall be submitted in writing within thirty(30) days following close of fhe hearing or the submission of briefs of the parties, whichever be later, unless the parties agree to an extension. The decision shail be hased 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 sha11 be final and binding on the Employer, the Union, and the employees. 22.6 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 shali be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual ag�eement of the Employer and the Union. �TICLE 23 - RIGHT OF SUBCONTRACT 23.1 The Employer may, at any rime during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction of the work force covered by this Agreement, the Emgioyer shall give the Union a siacty (60) calendar day notice of the intention to subcontract. 232 The subcontracting of work done by the empioyees covered by this Agreement shall in ali cases be made only to empioyers who qualify in accordance with Ordinance 14013. ARTICLE 24 - NONDISCRIMINATION 24.1 The terms and conditions of this Agreement will be appiied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, se�c, age, or because of membership or non-membership in the Union. 24.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public. � -13- ARTICLE 25 - SEVERABILITY 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by pzoper legistative, administrative, or judicial aufhority from wfiose finding, detemunation, or decree no appe� is taken, such provision(s) shall be voided. All other provisions shall continue in full force aad effect. 25.2 The parties agree to, upon written notice, enter into negotiations io place the voided provisions of the Agreement in compliance with the legislative, administrative, or judiciai deterniination. ARTICLE 26 - WAIVER 26.1 The Employer and the Union aclmowledge that during the meeting aad negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the Yerms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right aze fuIly and completeiy set forth in this Agreement. 26.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the other parry shal] not be obligaTed to meet and negotiate over any term or condifions of employment whether specifically covered or not specifically covered by this Agreement. The Union and Employer may, however, muhaally agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreements, resolurions, practices, policies, and nzles or regulations regarding the terms and conditions of empioyment, to the extent they aze inconsistent with this � Agreement, aze hereby superseded. ARTICLE 27 - CITY MILEAGE FLAN 27.1 Automobite Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Legislative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions aze adopted. 27.2 Method of Computation: To be eligible for such reimb receive written authorization from ttte Department Head. Type 1 If an employee is required to use tus/her own automobile OCCASIONALLY during employment the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicie is actually used in perfomuag the duties of Yhe employee's position. In addition, the empIoyee shatI be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the deparlment head or designated representafive determines that an employer vehicle is available for ihe employee's use but the employee desires to use his/her own automobile, then the empIoyee shali be reimbursed at the rate of $.20 per mile driven and shall not � eligible for any per diem. �� C�gb� ARTICLE 27 - CITY MILEAGE PLAN (Continued) � Type 2 If an empioyee is required to use his/her own automobile REGULARLY during employment, the employee shail be reimbursed at the rate of $4.00 per day for each day of work. In addirion, the employee shall be reunbursed $20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the departrnent head or designated reptesentafive determines that an employer vehicle is available for the employee's use but the employee desires to use hislher own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. 27.3 The City will provide parking at the Civic Center Pazking Ramp for City employees on either of the above mentioned types of reimbursement plans who aze required to have their personal caz available for City business. Such pazking will be provided only for the days the employee is required to have his or her own personal caz available. 27.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedwes for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than $100,000!$300,000 for personal injury, and $25,000 for property � damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, sha11 be maintained on file with the City Clerk. ARTICLE 28 - SEVERANCE PAY 28.1 The Employer shall provide a severance pay program as set forth in this Article. 28.2 To be eligible for the severance pay program, an employee must meet the foilowing requirements: 28.2(1} The employee must be 58 yeazs of age or older or must be eligible for pension under the "rule of 85" or the "mle of 90" provisions of the Public Empioyees Refuement Association (PERA). The "rule of 85" or the "rule of 90" criteria shali aiso apply to employees covered by a public pension plan other than PERA. 28.2(2) The employee must be voluntarily separated from Ciry employment or have been subject to separation by lay-off or compulsory rerirement. Those employees who aze discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the City severance pay program. 28.2(3) The employee must have at least ten (10) years of consecutive service under the classified � or unclassified Civil Service at the time of sepazation. -15- ARTICLE 28 - SEVERANCE PAY (Continued) 28.2(4} The employee must file a waiver of re-employment with the Duector of Personnel, w� wiil clearly indicate that by requesting severance pay, the employee waives all claims t reinstatement or re-employment (of any type), with the Ciry. 28.2(5) The empioyee must have accumulated a minimum of eighty (80) days of sick leave credits at the time of his sepazation &om service. 283 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she wili be granted severance pay in an amouat equal ta one-half of the daily rate of pay for the position held by the employee on the date of sepazation for each day of accrued sick leave subject to a m�imum of $1 d,000. 28.4 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay will be tnade to the employee's estate or spouse. 28S The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 28.6 This severance pay program shatl be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where ttle specific provisions of this article conflict with said ordinance and in such cases, the provisions of this Article sha11 control. � 28.7 tlny employee hired prior to February 15, 1974 may, in any event, and upon meeting the qualifications of this articie or City Ordinance No. I 1490, as amended by City Ordinance No. 16303, Section 1, Section 6, draw severance pay. However, an election by the employee to draw severance pay under either this article or the ordinance sha11 constitute a bar to receiving severauce pay from the other. ARTICLE 29 - UNIFORM ALLOWANCE 29.1 A uniform allowance base of three hundred and - ve o . wance on a voncher system is established for 1986 for ali inspec&onal employees of the �ire Prevention Division of the Saint Paul Department of Fire and Safety Services covered by this Agreement. Items covered by this clothing allowance shall be defined by the Employer. � -16- ARTICLE 30 - DURATION AND PLEDGE ��-8'�a- �0.1 This Agreement shall become effecrive 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 yeaz to yeaz thereafter unless notice to change or to terminate is given in the manner provided in 30.2. 30.2 If either party desires to terminate or modify this Agreement, effective as of the date of expiration, the party wishing to modify or terminate the Agreement shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendat days prior to the expiration date, provided, that the Agreement may only be so ternrinated or modified effective as of the expiration date. 303 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein estabiished 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: 30.3(1) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, will fully absent ihemselves 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. 303(2) The Employer will not engage in, instigate, or condone any lock-out of employees. . 30.3(3) This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City, and is also subject to ratification by the Union. � -17- ARTICLE 30 - DURATION AND PLEDGE (Continued) ��'�`� o�- �eed to this�th day of July, 2001, and attested to as the full and complete understanding of the parties 'tbr the period of time herein specified by the signature of the following representative for the Employer and the Union: WITNESSES CITY OF SAINT PAUL �� on Schmidt Labor Relations Specialist �- a�/� Dar� ' r , theiine Megarry Labor Relations Director j �� f7 ( Date � MINNESOTA STATEWIDE DISTRICT COjJ1VCIL OF CARPENTERS l'� �Alf� ��U.d,L�\ Patrick Bristol Business Manager �� Date � , .. . APPENDIX A �!-gb a- � classes of positions recognized by the Employer as being exclusively represented by the Union aze as ows: Catpenter Carpenter-Foreman Building Inspector Buiiding Inspector (Cacpenter, Plasterer, Lather) Senior Building Inspector and other classes which may be established by the Bmployer where both parties agree that the newly established classes should be represented by the Union. In the event that the parties cannot agree, the issue shall be determined by the State Bureau of Mediation Services. i • � ',AP'P�NDIX B b l -$b a L The basic hourly wage rate for temporary employees and union-benefitted empioyees appointed to the following class of positions who are not participating in PERA shall be: � Carpenter Carpenter Foreman Building Inspector i st Step 2nd Step 3rd Step Effective 5/5/Oi $27.51 * $29.26* $27.51 * $29.26* $32.66* Senior Building Inspector $35.78* Effective 6!2/Ol $27.06* $28.81 * $27.06* $28.81 * $32.21 * $35.33* * This rate includes a taacable vacation contribution of $1.82. Effective 5/1l02 (or closest payperiod) 5/1/03 (or closest payperiod� $*�x� $**+� $*** $�s:r* $�� $**** $**� $**** $*+�: $��* $�** $**** 2. The basic hourly wage rate for union-benefitted employees appointed to the following ciass of pos3tions who . are participafing in PERA: Cazpenter Carpenter Foreman Buiiding Inspector 1 st Step 2nd Step 3rd Step �enior Building Inspector Effective 5/5(Q 1 $26.16* $27.82* $26.16* $27.82* $31.05* $34.02* Effective 6!2lO1 $25.73 * $27.39* $25.73* $27.39* $3�.62* $33.59* Effective Effective 5l1/02 (or closest payperiod) 12/29(O1 5/1(03 (or closest �ayperiodl $25.64*� $*x* �� $27.30** $*** $�**:� $25.64�* $*** $**** $27.30*� $*** $**** $30.52** $*** $***� $33.48�* �*�* ��x�:x '� This rate includes a taxable vacation contribution of $1.82 � -Bl- „� . APPENDIX B (Continued) oj-88 a-- Note: regular employees pay 5.18% to PERA. **Effective 1(1/02 the State of Minnesota increased this rate to i 5.53%. This rate is subject to fiuther increase or decrease by the State of Minnesota. 3. The basic hourly wage rate for provisional, regular and probationary employees appointed to the following classes of positions who are not receiving the Fringe $enefits listed in Article 12 (also known as City Benefitted Employeesl shall be: Carpenter Cazpenter Foreman Building Inspector lst Step 2nd Step 3rd Step • Senior Building Inspectar Effective Effective 5/5/Ol 12/29l01 $25.86 $25.77** $27.28 $27.18** $25.86 $25.77** $27.28 $27.18** $30.04 $24.94** $32.58 $32.47** Effective 5/1/02 (or closest payroll period) 5/1/03 (or closest pavroll period� $**� $**:�* $**+ $��*� $�*+ $*** g*** $�*� $**�* $+*** �+*** $**�* ***Effective May 1, 2002 (or ciosest payperiod) an additional$1.85 per hour increase wiil be added to the total package. The parties will agree prior to that date regarding the distribution of the $1.85 between wages and fringes. *'�**Effective May 1, 2003 (or closest payperiod) an addit3onal$1.80 per hour increase will be added to the total package. The parties wili agree prior to that date regazd'mg the distribution of the $1.80 between wages and fringes. Ail Buiiding Inspectors shall be paid the appropriate step in accordance with Section I(one), Subsection J of the St. Paul Salary Plan and Rates of Compensation. [f the Union elects to have the contributions listed in Appendix C increased or decreased, the Employer may adjust the ibove applicable rates for participating employees in such a way that the total cost of the package (wage rate plus :ontribution) remains constant. C� C .APPENDIX C E�ve May 5, 20Q1 the Employer shail: r ►�' (1) contribute to a Union designated Health , Welfare and Dental Fund $2.50 per flour for all hours worked by "participating employees," as defined in Articles 11.3, 11.4 and 11.5, of this Agreement. Effective June 2, 2001 this rate will increase to $2.75 per hour. (2) conttibute to a Defined Benefif Pension Fund $3.70 per hour for all hours worked by "participating empioyees." (3) contribute to a Defined Contriburion Pension Fund $.SO per hout for all hours worked by "participatu�g employees". Effective June 2, 2001 this rate will increase to $1.00 per hour. (4) contribute to a Vacarion Fund $1.82 per hour for all hours worked by "participating employees." A payroli deduction in this amount shall be made from the hourly tates listed in Appendix B. (5) contribute to an Apprenticeship Training Fund $.18 per hour for all hours worked by "participating employees." • � - Cl OR1G,t�(AL RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented Refened To Committee Date CouncilFile# �l�$o� Green Sheet # 106848 1`� RESOLVED, that the Council of the City of Saint Paui hereby approves and ratifies the attached May 2001 thru April 2004 Labor Agreement between the City of Saint Paul and the Lakes and Plains Regional Council of Carpenters and Joiners. 1 w � �, . -,. . ..- �, � ,; ��,�,, ,� ..,,�� Requested by Depamnent of. Office of Labor Relations By: �� . e, � Form Ap ved by �orney � By: �`c Approved by ayor {'Or u mission to Council � �v By: / Adopted by Council: Date ap Adopfion Certified by Council Secretary � DEPAR'C�NTlOFFICE/COUNCIL: LABOR RELATIONS CONTACP PERSON & PHONE: JiILIE KRAUS 266-6513 MUST EE ON COUNCII. AGEPiDA BY (DAT� TOTAL # OF SIGNATURE °A� �`TT`'�D GREEN SHEET No.: 106848 July 23, 2001 O ��'t� � � ` � I �fI IAIJDATE INPI7ALDAIE ASSIGN t DEPARTMENT DIIt � 4 C1TY COi3NCII, NLJMBEg 2 CITY ATTORNEY � CITY CL,Ei2K FOR BUDCET DII2. F[N. & MGT. SERVICE DII2. ROUTING 3 MAYOR (OR ASST.) ORDER ALL LOCATIONS FOR acr[ox �QrJESrEn: This resolution approves the attached May 2001 thru Apri12004 Labor Agreement between the City of Saint Paui and the Lakes and Plains Regional Councii of Carpenters and Joiners. RECONMfENDA1TONS: Approve (A) or Reject (R) _PLANP7ING COM[vIISSION _CIVIL SERVICE COMIvIISSION CIB COMIvIl1TEE STAPF DISTRTCT WURT SUPPORTS WHICH COUIVCIL OBJECTIVE? PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWIlYG QUESTIONS: 1. Has this person/fimi ever worked under a contract for this departrnent? Yes No 2. Hu this person/fum ever been a city employee? Yes No 3 Does this persoNSrm possess a skill not nortnally possessed by any cwrent city Yes No Explain alI yes answers on separate sheet and atiach to green sheet INTTL4TING PROBLEM, ISSUE, OPPORTLJNTTY (Who, What, When, Where, Why): Contract expired Apri130, 20Q1 ADVANTAGES IF APPROVED' J4lL � 7 200i Contract in place through Apri130, 2004. This agreement has been ratified by the union members. DGSADVAN'CAGES IF APPROVED' None DISADVANTAGES IF NOT APPROVED: No agreement in place - labor unrest. TOTAL AMOIINT OF TRANSACI'fON: FUNDING SOURCE: COST/REVENUE BUDGETED: ACTNITY NtJMBER: FINANCIAL INFORMATION: (EXPLAIN) o � -�ro a- ATTACFIMENT TO THE GREEN SHEET MAINTENANCE LABOR AGREEMENT WITH 'THE LAKES AND PLAINS REGIONAL COUNCIL OF CARPENTERS AND JOINERS Below is a suminary of the changes in the Maintenance Labor Agreement between the City of Saint Paui and the Lakes and Plains Regional Council of Carpenters and Joiners. Duration: May i, 200] through April 30, 2004. Waees; The City agreed to the prevailing wage rate. Language: Changes to the language were basically of a housekeeping nature for clarification and clean up. G:\SharedV,RCOMMOIV�CONTRAC1lCarpenter�2001\gmshtattachment wpd ;,�._ � - ,� � � -�'Oa � . _ � MAY 2001 TI�OUGI� APRII, 2004: - � . �_ � . � � _ LABOR AGREE�l�T� -�.� - �_ _ - � � � .: � � � _ - bet�veen -_, � '� - � � � �� , T�E CITY; 0F �AIN'�' l'A�T� = - = � �� : - and-- - - _ _ . , > � LAKES �ND PL�r1�TS REGI4NAL COLT�TCIL 0F ��Rt'E�T'TERS A�TD �OI��S � _ - � _ - � , � , , �C-�b a INDEX � ARTICLE TTTLE PAGE Preamble ....................................................... ii l Purpose ..........................................................1 2 Recognition ......................................................1 3 Employer Rights ..................................................1 4 Union Rights .....................................................1 5 Scope ofthe Agreement .............................................2 6 Probationary Periods ...............................................2 7 Hoursof Work ....................................................3 8 Overtime ........................................................3 9 Ca1lBacklCallIn ..................................................4 10 Work Location ....................................................4 11 Wages ...........................................................4 12 Fringe Benefits ....................................................5 13 Selection of Foreman and Generai Foreman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 14 Insurance ........................................................5 • IS Holidays .........................................................8 16 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 17 AbsencesFrom Work ..............................................9 18 Seniority .........................................................9 19 Jurisdiction ......................................................10 20 Separation ......................................................il 2l Tools ..........................................................11 22 Grievance Procedure ..............................................11 23 Rightof Subcontract ..............................................13 24 Nondiscrimination ................................................13 25 Severability .....................................................14 26 Waiver .........................................................14 27 City Mileage Plan ................................................14 28 5everance Pay ...................................................IS 29 Uniform Aliowance ...............................................16 30 Duration and Pledge ...............................................1? Appendix .................................................... AI � APPendix B .................................................... BI Appendix C . . . C i i DI-�D �- PREAMBLE � This Agzeement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the Lakes and Plains Regionai Council of Carpenters and Joiners, hereina$er refeaed to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. The Employer and the Union both realize that this goai depends not only on the words in the Agteement but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the City, the Union, and the individual employees will best serve the needs of the general � public. LJ ii ARTICLE 1- PURPOSE ��$D a � The Employer and the Union agree that the purpose for entering into this Agreement is to: 11(1) Achieve orderly and peaceful relations, thereby estabiishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concemed; i.i (2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon bp the Employer and the Union; 1.1(3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Llnion 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 confl]ct so that it conforms to the statute as provided by Article 25 (Severability). ARTICLE 2 - RECOGNITION 21 The Employer recognizes the Union as the exclusive representative for collective bazgaining gurposes � for all personnel having an employment status of regular, probationary, provisional, and temporary employed in the classes of positions defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-478-A dated April 16, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage ali personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to deternune the utilization of technology, to establish and modify the organizational structure; to select, d'uect and determine the number of personnel; and to perform any inherent managerial function not specifically lunited 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 Empioyer 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 shall be remitted as directed by the Union. • 4.1(1) The Employer shall not deduct dues fram the wages of employees covered by this Agreement for any other labor organization. -1- ARTICLE 4 - UNION RIGHTS (Continued) 4.1(2) The Union shall indemnify and save harmtess the Employer from any and all claims or� charges made against the Employer as a result of the unplementarion of this Article. 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 Article 22 (Cmevance Procedure). 4.3 Upon noYification to a designated Employer supervisor, the Business Manager of the Union, or his designated representauve shatl be permitted to enter the facilities of the Employer where employees covered by this Agreement aze working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employmenP' defined by M,S. 179.63, Subd. 18 for alI empIoyees exclusiveiy represented by the Union. Tlus Agreement shall supersede such "terms and conditions of employment" estabtished by Civil Service Rute, Council Ordinance, and Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 AlI personnei, originally hired or rehired following sepazation, in a regulaz employment status shall � serve a six (6) month probafionary period during which time the employee's fitness and abiliry to perform the position's duties and responsibilities shall be evaluated. 6.1(1) At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). � the reason(s} for such termination, a copy of which shal]_ be sent a written notice of 6.2 All personnel promoted to a higher class shall serve a six (6) month promotional probationary period during which time the empIoyee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.2(1) At any time during the promotional probationary period an employee may be demoted to the-employee's previously held class at the discretion of the Employer without appeai to _ _ the provisions of Article 22 (Grievance Piocedtire): - - 6.2(2) An employee demoted during the promotional probarionary period shall be retumed to the employee's previously held class and shall receive a written notice of the reasons fo. demotion, a copy of which sha[I be sent to the Union. -2- ARTICLE 7- HOURS OF WORK t�r-$b�- � The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute lunch period, between 7:00 a.m. and 5:34 p.m. 7.2 The normai work week shall be five (5} consecutive normal work days Monday through Friday. 73 If, during the term of this Ageement, it is necessary 'sn the Empioyer'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 shail not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 7.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and sha11 remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 7.6 All employees are subject to call back by the Employer as provided by Articie 9(Call BacklCall In). 7.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. �TICLE 8 - OVERTIME 8.1 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 claun will not be honored, even though shown on the dme card, unless the required advance approval has been obtained. 8.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: 82(1) Time worked in excess of eight (8) hours in any one normal work day and 8.2(2) Tune worked in excess of forty (40) hours in any 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 hours worked. 8.4 Overtime hours worked as provided by this Article shall be paid in cash or in compensatory time. The method of payznent shall be determined solely by the Employer. � -3- ARTICLE 9- CALL BACK/CALL IN 9.1 The Employer reTains the right to call in or call back employees before an employee has star[ed a norm� work day or normal work week and after an employee has completed a normal work day or normal work week. 9.2 Bmployees called in or called back shall receive a min;mum of four (4) hours straight time pay at the basic houriy rate or shall be compensated in accordance with Article 8(Overtime), when appiicable, whichever is greater. 9.2(1) Notwithstanding Article 9.2, employees called in four {4) hours or less prior to their normal work day shail complete the normal work day and be compensated only or overtime hours worked in accordance with Article 8(Overkime). ARTICLE IO - WORK LOCATION 10.1 Employees shall report to work locations as assigned by a designated Employer supervisor, During the normal work day employees may be assigned to other work locafions at the direction of the Employer. ARTICLE 11- WAGES ] 1.1 The basic howly wage rates as established by Appendix B shall be paid for all hours warked by an � employee. No retroacrive payment shall be made to any employee who has temunated his/her employment prior to signing of the new Agreement. 11.2 Employees who aze covered by the fringe benefits listed below (City benefits) shall continue to be covered by such benefits. They shall be subject to all other provisions of the Agreement, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12 (Fringe Benef ts). Article 14 11.2(2) Sick Leave as established bq Resolution No. 3250, Section 20. Effective May 1, 2001, the remaining Ciry Benefitted employees shall be chazged with the actual average number of sick leave hours used, or 48 hours, whichever is less, in the wage caiculation. The wages in Appendix B reflect this charge. 11.2(3) Vacation as established by the Saint Paul Salary Plan and Rates of Compensation, Secuon I, Subdivision H. I 1.2(4) Ten (10) legal hotidays as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision I. 11.2(5) Severance benefits as established by Ordinance No. I 1490 or as established by Article � in this Agreement, with a maximum payment of $10,000. -4- ARTICLE 11- WAGES (Confinued) e�-g�� Regulaz empioyees not covered by the fringe benefits listed in Article 11.2 above sha11 be considered, for.the purposes of this Agreement, "participating employees" and shall be compensated in accordance with Article I 1.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12 (Fringe Benefits). 113(1) Participating employees shall use all vacation that they have eamed and are eligible for as outlined in the Lakes and Plains Regional Council of Carpenters & Joiners Regular Vacation and Holiday & Reserve Trust Plan Documents. 11.4 Provisional and temporary employees shall be considered, for the purposes of this Agreement, "participating empioyees" and shall be compensated in accordance with Article I 1.1 (Wages) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 12 (Fringe Benefits). I 1.5 All regular employees employed after February I5, 1974, shall be considered, for the puzpose of this Agreement, "participating employees" and sha11 be campensated in accordance with Article 11.1 (Wages) and have fringe benefit contributions andlor deductions made on theiz behalf as provided for by Article 12 (Fringe Benefits). 11. 6 Employees covered by this agreement aze not eligible to participate in the Pubiic Employee Retirement Associataon (PERA) plan except for those employees hired priar to May l, 2000 who elected to remain under the PERA plan pursuant to Section 353.01 subd. 2b(18) 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. ARTICLE 13 - SELECTION OF FOREMAN AND GENERAL FOREMAN 13.1 The selection of personnel for the class of Carpenter Foreman shall remain solely with the Employer. 13.2 The class of Carpenter Foreman shall be filled by employees of the bargaining unit on a"temporary assigiunent." � -5- ARTICLE 14 - INSURANCE Active Employees � I4.1 This Article shali apply to employees who aze eligible for the fringe benefits Iisted in Article 112 (City benefits). 14.1(1) The insurance plans, premiums for coverages, and benefits contained in the insurance plans offered by the Employer sha11 be solely controiied by the contracts negotiated by the Employer and tke benefit providers. However, the employees setecting the offered plans agree to accept any changes in benefiYS which a specific provider implements. 14.1(2) For employees who select single coverage, the Employer wiil contribute 100% of the cost of the single premium. For empioyees who select dependent coverage, the Employer will contribute 50% of the cost of the dependent premium. 141(3) The Employer wili provide $5,000 of term life insurance for each employee. Retiree Health Beaefits 14.2 Employees who retire must meet the foltowing conditions in order to be eligible for the Empioyer coniribution For retiree health benefits: 14.2(I} Be receiving benefits from a public employee retirement act covering employees of the� City of Saint Paul at the time of rerirement, and 14.2(2) Have severed his/her relationship with the City of Saint Paul under one of the retiree pIans, and 14.2(3) Have severed hislher relationship with the Ciry of Saint Paul for reasons other than an involuntary termination for misconduct. ee does noY meet the yeats of service requirements in sections 14.3 through 14.4, but does satisfy the condit�ons m . , se sin e or family health insurance coverage through the Employer's insurance program. The total cost of such insurance coverage shall be paid by the retiree. EarIy Retirees (under age 65) 143 For thosa employees who retire before age 65 and aze eligible for eazly retiree benefits under the terms set forth in Article I4.2 above arid unfsl such retirees reach sixtxrfive (65}, years of age, the Empioyer sha11 continue to make the same contribution for early retiree benefits as those for aciive eriigloqees. 14.3(1) Por eazly retirees selecting single coverage, the Employer wiIl contribute 100% ofthe premium cost for single coverage. For early retirees seiecting dependent coverage, the� Employer will conh 50% of the premium cost for dependent coverage. �� ARTICLE 14 - INSURANCE (Continued) � � - g(�'J � 14.3(2) The Employer will also continue life insurance benefits for eligible early retirees in the same amount as provided to them as active employees. Life insurance benefiu temiinate at age b5. 14.3(3) When such eazIy retiree attains age 65, the provisions of Article 14.4 shall apply. Regular Retirees (age b5 and older) 14.4 Employees who retire at or after the age of sixty-five (fi5) must meet the conditions set forth in Article 14.2. 14.4(1) For such employees who retire on or before December 31, 1995, the Empioyer agrees to contribute 100% of the single or dependent premium cost for any health insurance plan offered to regulaz retirees and their dependents. This Article shali also apply to early retirees upon reaching age 65, who retired on or before December 31, 1995 under the provisions of Article 14.2. 14.4(2) For such employees who retize a8er December 31, 1995, the Employer agrees to contrihute a maximum of $550.00 per month towazd the premium for single or dependent health insurance coverage offered to regulaz retirees and their dependents. Any unused • portion of the Employer's contribution shall not be paid to the retiree. This Article shall also apply to eazly retirees upon reaching age 65, who retired after December 31, 1995 under the provisions of Article 14.2. Survivur Benefits 14S In the event of the death of an early retiree or a regular retiree, the dependent of the retiree sha11 have the option, within thirty (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the premium and Employer contribution accorded to the eligibie deceased retiree. It is further understood that coverage shail cease in the event of: 14.5(1) Subsequent remarriage of the surviving spouse of the deceased employee or reriree. 14.5(2) The employment of the surviving spouse or dependent where health insurance is obtained through a group ptogram provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. � 6 The contributions indicated in Article 14 shall be paid to the Employer's third party adminisuator or designated representative. -7- ARTICLE 14 - INSURANCE (Cantinued) 14.7 A retiree's participa6on in the City's heaith insurance plan must be continuous. The retiree must be � participating in a Ciry health insurance plan at the time of retirement. If a retiree chooses not to participate at the time of hislher retirement or if a retiree discontinues his/her participation at a later date, such retiree will not be eligible for any future participation or for any Employer contribution. ARTICLE 15 - HOLIDAYS 15.1 The foIlowing ten (10} days shatl be designated as holidays: New Yeaz's Day, January 1 Martin Luther King Day, third Monday in January (effective 1986) Presidents' Day, third Monday in February Memozial Day, last Monday in May Independence Day, 7uly 4 Labor Day, first Monday in September Veterans' Day, November i l Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, foudh Friday in November Cluistmas Day, Becember 25 15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shafl be considered the designated hotiday. When any of these three (3) holidays falls on a Saturday, � preceding Friday sha11 be considered the designated holiday. 15.3 The ten (10) holidays shatl be considered non-work days. 15.4 If in the judgmenY of the Employer personnel aze necessary for operating or emergency reasons, employees may be scheduled or "called back," or "called in," in accordance with Article 9(Call Back/Call In). 15.5 Participating employees, as define m ic e ., . to work on Martin Luther King Day, Presidents' Day, Day Afier Thanksgiving, or Veterans' Day shall be compensated on a straight time basis for such hours worke@. 15.6 Participating employees assigned to work on New Yeaz's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. � � ARTICLE 15 - HOLIDAYS (Continued) D!-$� 3 15.� If an employee other than a Participating employee entifled to a holiday is required to work on Martin � Luther King Day, Presidents' Day, Day After Thanksgiving, or Veterans' Day, hefshe shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department pemuts, or helshe shall be paid on a straight time basis for such hours worked, in addition to his regulaz holiday pay. If an employee other than a participating employee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Dap, Labor Day, Thanksgiving Day or Christmas Day, he(she shall be recompensed for work done on this day by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such hours worked, in addition to his/her regulaz holiday pay. Eligibility for holiday pay shail be determined in accordance with Section I, Subsection I ofthe Saint Paul Salary Plan and Rates of Compensation. ARTICLE 16 - DISCIPLINARY PROCEDURES 16.1 16.2 � 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: 16.2(i) Oral reprimand 16.2(2) Written reprimand 16.2(3) Suspension 16.2(4) Demotaon 16.2(5) Dischazge 163 Employees who are suspended, demoted, or discharged shall have the right to request thai such actions be reviewed by the Civii Service Commission or a designated Boazd of Review. The Civil Service Commission, or a designated Boazd of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. I3o appeal of a suspension, demotion, or dischazge shall be considered a"grievance" for the purpose of processing through the provisions of Article 22 (Grievance Procedure). ARTICLE 17 - ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of each work day. 17.2 Failure to make such notification may be grounds for discipline as provided in Articie 16 (Disciplinaty Procedures). �3 Failure to report for work without notification for three (3) consecntive normal work days may be considered a"quit" by the Employer on the part af the empioyee. -9- ARTICLE 18 - SE1vIORITY 18.1 Seniority, for the purposes of this Agreement, shall be defined as follows: � 18.1(1) "Master Seniority" - the length of continuous regular and pmbationary service with the Employer &om the last date of employment in any and all class tides covered by this Agreement. 18.1(2) "Class Seniority" - the length of coatinuous regular and probationary service with the Employer from the date an employee was first appointed to a class titie covered by this Agreement. 18.2 Seniority shall not accumulate during an unpaid Ieave of absence, except when such a leave is granted for a period of less than thirty (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 posirion with the Union. 183 Seniority shall terminate when an employee retires, resigns, or is dischazged. 18.4 In the event it is deternuned by the Employer that it is necessary to reduce the work force, employees will be laid off by class title within each Department based on inverse length of "CIass Seniority". I 8.5 The selecYion of vacation periods shall be made by class title based on length of "Class Seniority", subject to the approvaI of the Employer. � ARTICLE 19 - JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of Yhe Employer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutuat agreements between the uaions involved. 193 In the event of a dispute concerning the performance or assi ved 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 originaliy assigned pending resoIution of the dispute, or to restrict the Employer's basic right to assign work. 14.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 19.2 and 193 above shatl be subject to disciplinary action as provided in Article 16 (Disciglinary Procedures). 19.5 There shalI be no work stoppage, slow down, or any disruption of work resulting from a work assignment. � � -10- ARTICLE 20 - SEPARATION �l-8� 3 � 1 Employees having a probationary or regulaz employment status shall be considered separated from employment based on the following actions: 20.1(1) Resignation Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.1(2) Discharge As provided in Article 1 b. 20.1(3) Failure to Report for Duty As provided in Article 17. 20.2 Employees having a temporary or provisional employznent status may be terminated at the discretion of the Empioyer before the completion of a normai work day. ARTICLE 21 - TOOLS 21.1 Ali employees shail personally provide themselves with all necessary hand tools. �2TICLE 22 - GRIEVANCE PROCEDURE 22.1 The Employer shall recognize the Stewazd selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the name of the Steward and of their successor when so named. 22.2 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 invoived and a grieving employee shail suffer no loss in pay when a grievance is processed during working hours, provided, the Stewazd and the employee have norified 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. 223 The procedure established by this Article sha11 be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 163, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. � � -11- ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) 22.4 Grievances shall be resolved in conformance with the following procedure: � Step 1 Upon the occurrence of an alieged vioiafion of this Agreement, the employee involved shail attempt to resoive the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by ttie informal discussion it may be reduced to writing and refened to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) catendaz days of the ftrst occturence of the event giving rise to the grievance or withirt the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to ttie grievance, shatl be considered waived. Step 2 Within seven (7} calendaz days after receiving the written grievance a designated Employer supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Emptoyer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (9) calendaz days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days foliowing receipt of the Employer's answer shail be considered waived. Step 3 Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer supervisor sha11 meet with the Union Business Manager or his/her � designated representative and attempt to resolve the grievance. Within seven (7) calendaz days following this meeting, the Employer shali 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 Yo Step 4 within seven (7) calendaz days foliowing receipt of the Employer's answer shall be considered waived. emains unresoIved, the Union may witivn seven (7} caiendar days after the response of the Employer in Step 3, by wntten no , of the grievance. The azbitration proceedings shall be conduoted by an arbitrator to i�e 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 mutuaily agree upon an arbitrator witiun the said seven (7) day period, either gazty may request the Buteau of Mediation Services Yo submit a panel of five (5) azbitrators. Both the Employer and the Union sha11 have the right to strike two (2) names from the panel. _ The Union shalI str�ce the first (1 st} name; the Employez,shall then s�ike one (1) nawe. The process wilI be repeated and the remaining person shatl be the arbitrator. L_ J -12- ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) � � 5 The azbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The azbitrator shall consider and decide only the specific issue submitted in wrlting by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The azbitrator shail 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. 'I'he azbitrator's decision shall be submitted in writing within thirty(30) days following close of fhe hearing or the submission of briefs of the parties, whichever be later, unless the parties agree to an extension. The decision shail be hased 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 sha11 be final and binding on the Employer, the Union, and the employees. 22.6 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 shali be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual ag�eement of the Employer and the Union. �TICLE 23 - RIGHT OF SUBCONTRACT 23.1 The Employer may, at any rime during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction of the work force covered by this Agreement, the Emgioyer shall give the Union a siacty (60) calendar day notice of the intention to subcontract. 232 The subcontracting of work done by the empioyees covered by this Agreement shall in ali cases be made only to empioyers who qualify in accordance with Ordinance 14013. ARTICLE 24 - NONDISCRIMINATION 24.1 The terms and conditions of this Agreement will be appiied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, se�c, age, or because of membership or non-membership in the Union. 24.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public. � -13- ARTICLE 25 - SEVERABILITY 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by pzoper legistative, administrative, or judicial aufhority from wfiose finding, detemunation, or decree no appe� is taken, such provision(s) shall be voided. All other provisions shall continue in full force aad effect. 25.2 The parties agree to, upon written notice, enter into negotiations io place the voided provisions of the Agreement in compliance with the legislative, administrative, or judiciai deterniination. ARTICLE 26 - WAIVER 26.1 The Employer and the Union aclmowledge that during the meeting aad negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the Yerms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right aze fuIly and completeiy set forth in this Agreement. 26.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the other parry shal] not be obligaTed to meet and negotiate over any term or condifions of employment whether specifically covered or not specifically covered by this Agreement. The Union and Employer may, however, muhaally agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreements, resolurions, practices, policies, and nzles or regulations regarding the terms and conditions of empioyment, to the extent they aze inconsistent with this � Agreement, aze hereby superseded. ARTICLE 27 - CITY MILEAGE FLAN 27.1 Automobite Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Legislative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions aze adopted. 27.2 Method of Computation: To be eligible for such reimb receive written authorization from ttte Department Head. Type 1 If an employee is required to use tus/her own automobile OCCASIONALLY during employment the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicie is actually used in perfomuag the duties of Yhe employee's position. In addition, the empIoyee shatI be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the deparlment head or designated representafive determines that an employer vehicle is available for ihe employee's use but the employee desires to use his/her own automobile, then the empIoyee shali be reimbursed at the rate of $.20 per mile driven and shall not � eligible for any per diem. �� C�gb� ARTICLE 27 - CITY MILEAGE PLAN (Continued) � Type 2 If an empioyee is required to use his/her own automobile REGULARLY during employment, the employee shail be reimbursed at the rate of $4.00 per day for each day of work. In addirion, the employee shall be reunbursed $20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the departrnent head or designated reptesentafive determines that an employer vehicle is available for the employee's use but the employee desires to use hislher own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. 27.3 The City will provide parking at the Civic Center Pazking Ramp for City employees on either of the above mentioned types of reimbursement plans who aze required to have their personal caz available for City business. Such pazking will be provided only for the days the employee is required to have his or her own personal caz available. 27.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedwes for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than $100,000!$300,000 for personal injury, and $25,000 for property � damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, sha11 be maintained on file with the City Clerk. ARTICLE 28 - SEVERANCE PAY 28.1 The Employer shall provide a severance pay program as set forth in this Article. 28.2 To be eligible for the severance pay program, an employee must meet the foilowing requirements: 28.2(1} The employee must be 58 yeazs of age or older or must be eligible for pension under the "rule of 85" or the "mle of 90" provisions of the Public Empioyees Refuement Association (PERA). The "rule of 85" or the "rule of 90" criteria shali aiso apply to employees covered by a public pension plan other than PERA. 28.2(2) The employee must be voluntarily separated from Ciry employment or have been subject to separation by lay-off or compulsory rerirement. Those employees who aze discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the City severance pay program. 28.2(3) The employee must have at least ten (10) years of consecutive service under the classified � or unclassified Civil Service at the time of sepazation. -15- ARTICLE 28 - SEVERANCE PAY (Continued) 28.2(4} The employee must file a waiver of re-employment with the Duector of Personnel, w� wiil clearly indicate that by requesting severance pay, the employee waives all claims t reinstatement or re-employment (of any type), with the Ciry. 28.2(5) The empioyee must have accumulated a minimum of eighty (80) days of sick leave credits at the time of his sepazation &om service. 283 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she wili be granted severance pay in an amouat equal ta one-half of the daily rate of pay for the position held by the employee on the date of sepazation for each day of accrued sick leave subject to a m�imum of $1 d,000. 28.4 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay will be tnade to the employee's estate or spouse. 28S The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 28.6 This severance pay program shatl be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where ttle specific provisions of this article conflict with said ordinance and in such cases, the provisions of this Article sha11 control. � 28.7 tlny employee hired prior to February 15, 1974 may, in any event, and upon meeting the qualifications of this articie or City Ordinance No. I 1490, as amended by City Ordinance No. 16303, Section 1, Section 6, draw severance pay. However, an election by the employee to draw severance pay under either this article or the ordinance sha11 constitute a bar to receiving severauce pay from the other. ARTICLE 29 - UNIFORM ALLOWANCE 29.1 A uniform allowance base of three hundred and - ve o . wance on a voncher system is established for 1986 for ali inspec&onal employees of the �ire Prevention Division of the Saint Paul Department of Fire and Safety Services covered by this Agreement. Items covered by this clothing allowance shall be defined by the Employer. � -16- ARTICLE 30 - DURATION AND PLEDGE ��-8'�a- �0.1 This Agreement shall become effecrive 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 yeaz to yeaz thereafter unless notice to change or to terminate is given in the manner provided in 30.2. 30.2 If either party desires to terminate or modify this Agreement, effective as of the date of expiration, the party wishing to modify or terminate the Agreement shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendat days prior to the expiration date, provided, that the Agreement may only be so ternrinated or modified effective as of the expiration date. 303 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein estabiished 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: 30.3(1) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, will fully absent ihemselves 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. 303(2) The Employer will not engage in, instigate, or condone any lock-out of employees. . 30.3(3) This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City, and is also subject to ratification by the Union. � -17- ARTICLE 30 - DURATION AND PLEDGE (Continued) ��'�`� o�- �eed to this�th day of July, 2001, and attested to as the full and complete understanding of the parties 'tbr the period of time herein specified by the signature of the following representative for the Employer and the Union: WITNESSES CITY OF SAINT PAUL �� on Schmidt Labor Relations Specialist �- a�/� Dar� ' r , theiine Megarry Labor Relations Director j �� f7 ( Date � MINNESOTA STATEWIDE DISTRICT COjJ1VCIL OF CARPENTERS l'� �Alf� ��U.d,L�\ Patrick Bristol Business Manager �� Date � , .. . APPENDIX A �!-gb a- � classes of positions recognized by the Employer as being exclusively represented by the Union aze as ows: Catpenter Carpenter-Foreman Building Inspector Buiiding Inspector (Cacpenter, Plasterer, Lather) Senior Building Inspector and other classes which may be established by the Bmployer where both parties agree that the newly established classes should be represented by the Union. In the event that the parties cannot agree, the issue shall be determined by the State Bureau of Mediation Services. i • � ',AP'P�NDIX B b l -$b a L The basic hourly wage rate for temporary employees and union-benefitted empioyees appointed to the following class of positions who are not participating in PERA shall be: � Carpenter Carpenter Foreman Building Inspector i st Step 2nd Step 3rd Step Effective 5/5/Oi $27.51 * $29.26* $27.51 * $29.26* $32.66* Senior Building Inspector $35.78* Effective 6!2/Ol $27.06* $28.81 * $27.06* $28.81 * $32.21 * $35.33* * This rate includes a taacable vacation contribution of $1.82. Effective 5/1l02 (or closest payperiod) 5/1/03 (or closest payperiod� $*�x� $**+� $*** $�s:r* $�� $**** $**� $**** $*+�: $��* $�** $**** 2. The basic hourly wage rate for union-benefitted employees appointed to the following ciass of pos3tions who . are participafing in PERA: Cazpenter Carpenter Foreman Buiiding Inspector 1 st Step 2nd Step 3rd Step �enior Building Inspector Effective 5/5(Q 1 $26.16* $27.82* $26.16* $27.82* $31.05* $34.02* Effective 6!2lO1 $25.73 * $27.39* $25.73* $27.39* $3�.62* $33.59* Effective Effective 5l1/02 (or closest payperiod) 12/29(O1 5/1(03 (or closest �ayperiodl $25.64*� $*x* �� $27.30** $*** $�**:� $25.64�* $*** $**** $27.30*� $*** $**** $30.52** $*** $***� $33.48�* �*�* ��x�:x '� This rate includes a taxable vacation contribution of $1.82 � -Bl- „� . APPENDIX B (Continued) oj-88 a-- Note: regular employees pay 5.18% to PERA. **Effective 1(1/02 the State of Minnesota increased this rate to i 5.53%. This rate is subject to fiuther increase or decrease by the State of Minnesota. 3. The basic hourly wage rate for provisional, regular and probationary employees appointed to the following classes of positions who are not receiving the Fringe $enefits listed in Article 12 (also known as City Benefitted Employeesl shall be: Carpenter Cazpenter Foreman Building Inspector lst Step 2nd Step 3rd Step • Senior Building Inspectar Effective Effective 5/5/Ol 12/29l01 $25.86 $25.77** $27.28 $27.18** $25.86 $25.77** $27.28 $27.18** $30.04 $24.94** $32.58 $32.47** Effective 5/1/02 (or closest payroll period) 5/1/03 (or closest pavroll period� $**� $**:�* $**+ $��*� $�*+ $*** g*** $�*� $**�* $+*** �+*** $**�* ***Effective May 1, 2002 (or ciosest payperiod) an additional$1.85 per hour increase wiil be added to the total package. The parties will agree prior to that date regarding the distribution of the $1.85 between wages and fringes. *'�**Effective May 1, 2003 (or closest payperiod) an addit3onal$1.80 per hour increase will be added to the total package. The parties wili agree prior to that date regazd'mg the distribution of the $1.80 between wages and fringes. Ail Buiiding Inspectors shall be paid the appropriate step in accordance with Section I(one), Subsection J of the St. Paul Salary Plan and Rates of Compensation. [f the Union elects to have the contributions listed in Appendix C increased or decreased, the Employer may adjust the ibove applicable rates for participating employees in such a way that the total cost of the package (wage rate plus :ontribution) remains constant. C� C .APPENDIX C E�ve May 5, 20Q1 the Employer shail: r ►�' (1) contribute to a Union designated Health , Welfare and Dental Fund $2.50 per flour for all hours worked by "participating employees," as defined in Articles 11.3, 11.4 and 11.5, of this Agreement. Effective June 2, 2001 this rate will increase to $2.75 per hour. (2) conttibute to a Defined Benefif Pension Fund $3.70 per hour for all hours worked by "participating empioyees." (3) contribute to a Defined Contriburion Pension Fund $.SO per hout for all hours worked by "participatu�g employees". Effective June 2, 2001 this rate will increase to $1.00 per hour. (4) contribute to a Vacarion Fund $1.82 per hour for all hours worked by "participating employees." A payroli deduction in this amount shall be made from the hourly tates listed in Appendix B. (5) contribute to an Apprenticeship Training Fund $.18 per hour for all hours worked by "participating employees." • � - Cl