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266364 � � WHITE - CITV CLERK PINK - FINANCE CO11AC11 � CANARY - DEPARTMENT � G I TY OF SA I NT PA�LT L �� BLUE -MAY�R File NO. l . � • v ��nce Ordinance N 0. �J�q��) Presented By Referred To Committee: Date Out of Committee By Date � adninistr�,tive ordieaace apprc�ving the tet�as aad coaditions of a 1975 �intenance Labor �gree�ent betxeen the �ity of $ai�t Pat�7. and the T�rin t`�ty �llaziers and �7.as� �rhers Iwcal l�o. 1324. �S, th� Council p�rsuant to the provisicns of Section 12.09 af the �aint I�sul (�i.ty Q�arter arid the R�blic �pl�ent Labrr �]„ations A�ct of 1971, as aaended, recognizes that t'or the purpc�se oP meeting and aegotiating the ter�ua and cc�nditions of �ployment, the �in C,tty �ziera and �lass i�orkers I�al �. 1324 i� the exclt�siv�e representative for City employees falling within the unit as certified by the Bureatt of liediatic� Serviees unc�er Case lTo. 73-F�5]A-A; a�d W�Ai�, the �ity through d�esigxiated representatives and the �zcl�usiv�e repre$entativ+e far the bargaining uait have met in go�cl f�ith, ne�;etiateci conditi0ns and terms oP �ploya�ent �or the y�ear through 4pril 34, lgj6, for such perso�el as are set forth in the agre�aent between the City aad tY�e exelusiv�e representativ�e, no�w, therafore, � C0� �F'� �ITr OF 8�T PAtiL � : 3ection l. �a� tha agreenent ereated as of the effectiv� date of thi� ordinance between the eity of Saist Paul. and the TWin City Qlaziers a�nd Qrlass Yorkers Local l�i. 132� on f3,].e ia the oftice of' the Ci.ty Qerk is hereby approv�d and the authorized administrati�e of'tieials of th� City are hereby authorized and directed to execute said agree�ent on behalf of t�e Ci.ty. - 1 - COUIVCILMEN Requested by Department of: Yeas Nays Christensen Hozza In Favor Levine Rcedler Against BY Sylvester Tedesco President Hunt Form Approved by City Attomey Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date /�� Approved by Mayor for Submission to Council By By WHITE - CITV CI.ERK PINK - FINANCE GITY OF S�AINT PAUL Coancil �� CANARV - DEPARTMENT � BLUE - M'AY�CR File NO. �i � • Ordin�nce Ordinance N O. 15q�� Presented By Referred To Committee: Date Out of Committee By Date Section 2. That the wage scheclwle in the agreement shall tak,e Yoree and effect retreactiv�ely tc> the d�tes s�t forth in the a�cee�t arid in accordance with the eapres$ed interit of the agreemeat of' tbis Council cantaiaed in Couneil File �Tumber 26471�8. 3ection 3. Tbat any other ordivance, rule or regu�ation iri tirce when said agree�ment takes efYect iaconaistent with a�r prc�visic�ns of the tes�s or eonditic�� of said agreement is hereby repealed. Seetion 4. This ordi�aasce shall take effect and be in force thirty (30� days af'ter its passage, appre�val, and publication. hpprov+ed: Civil Serviee C�issian COU[VCILMEIV Requested by Department of: Yeas Nays �eas� �}c.cn� � [n Favor Levine Roedler � Against BY � . �co (xG2 President I�_�'Q�25C'Q �ri 4 � Form oved b tt Adopted by Counc' Date Certified P sed ouncil Secretary � By Approved Mayor: e Approved ayor fot is ' to�u cil v" By By ' PUBlISHED OFC f 3 t97'� � . �,� - � , �� 1� . . _ .� � � �'�� .--�-��.— � �� .___— - c�6�6� � MAINTENANCE �.BOR AGREEI�I9T ' i - between - T� CITY OF SAINT PAUL, i T� I��ENT SCFIOOL DISTCIT I�O. 625 � - and - RWIN CITY GLAZIERS AND GLASS WORI�RS Loc�w �vo. i32�+ � � � ; � F F � �- .. ..; , , � : � INDEK j ARTZCLE TITI�E . PAGE � Preamb2e iii� � I Purpose . � 1 , II Rccognition ' � 2 IIZ Employcr Rights 3 IE1 . Union Rights � � �C Y Scope of Agreeaent 5 VI � Probationary Periods fi YZI Philosaphy of F�ployment and Con:pensetion � 7 YIII Hours oP Work � . �, $ � IX Overtime 9 X Cal� Back � � 10 �CI , i�iork I,ocation - Residency ll XII Wages 12 XIZI F`ringe Benefits l� XIY Selection of Foreman and G��eral Foreman 15 XV Retirement 16 XVZ Hoiidsys 17 XVII Disciplinary Frocedures 18 XVIII Absences From Work 19 XI�C Seniority 20 �OC Jur3sc3iction 21 7IXI Seperation 22 ' � ]CXZI Tools ' 23 I 70CIII Grievance P�-o�edure 24 i aDCIV Right of Subcontract � ! 70C'Y Non-Discri�nation 3p j 7IXV2 5ev�rabi2ity _ � XX�tII Waiver ' � . �OCVTII Ci�y 2•iileage Plan 33 �'D�t A�a.ieage I.D.S. �25 �� ; �OIX Duration and Pledge 35 . Aggend�� A � , • Apgendix B . AP�endix C � " • - Appe:ac3ia D I � l � . • . i . � � . ; � ii � ; � PREAMBLE I i This A�GREEME�T is entered into on this 17t1�a oP Se t. 1 � Y P , 975, � � � between the City of Saint Paul and the Independent School District No. 625, ( i I ` hereinaPter referred to as the II�IAYER and the Twiu City Glaziers and I � Glass Workers Local 1324 hereinafter referred to as the UNION. � i The EMPLOYER arxl the UI+TIOY� concur that this A�G�NT h�es as its ob�ective the pranotion of the responsibilities of the City of 3t. Paul for the benefYt af �e general pnblic through effective labor-management � cooperation. The EN�LOYER and the• tJNION both realize that this goal depends not on�r on the words in the AG�9T but rather primarily on attitudes between people at all levels of responsibility. Constructive attituc3es of the City, the UNION, and the individual employees will best serve the needs of the general public. , - iii - ' , � � - . ,,• � • . ARTICLE I • FURP068 . 1.1 The �IAYER and the UAIOR egree that the purpose for enteriag into this AGREF.MENT is to: �• l.11 • Achieve orderly and peaceflil. relations, thereby � establishing e system oP uninterrupted operations and the hi�hest level of employee perPormance thst • is consistent with the safety and well-being oP all concemed; 1.12 Set forth rates of pay, hours cf work, and other conditions of employment as have been agreed upon by the Ei�LOYER and the tJNION; 1.13 Establish procedures to orderly and peaceflally resolve disputes as to the application or interpretatioa oP this AGR��NT without loss of manpower productivity. 1.2 The F�IF'IA7�R and the tJNIOR agree that this AG�+�NT serves as a supplement to legislation that creates and directs the Ei�IAYER. It any part of tbis AGREEMENT is in conflict with such le�islation, tbe latter shall prevail. The parties, on written notice, agree to negotiate that part ia conPlict so that it conforms to the statute as provided by Article 26 (SEVEItABILZ�Y). • 1 • . I � ti � , t . ' , ` ' �-' nL�11CiYY � � i16CNV�110� . S ' 2.1 The E[�L07�ER recognizes the U1�IION as the eacclusive representative ' for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisional, temparary, and emergency employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance � with Case No. 73-PR-510-A dated M�y 11, 1973. 2.2 The classes of positions recognized as being exclusiv�ely represented by the UI�ION are as listed in Appendix A. � � � i i � - 2 - � ' � . . . G�.� . �10 . �5� �P � ; � � , � � � i aKricr� m - n+�rnzo� xic�rs � � 3.1 The II�lPLO�R retains the right to operete and manage all manpo�wer, facilities, end equipment; to establish flu�ctions and programs; to set and amend budgets; to determine the utilization of tecbnology; to establish and modify the organizational stracture; to select, direct, and determine the number of personnel: and to � � perform any inherent managerial f�inction not specifically limited � ' by thi s AG�SENT. ; 3.2 Any "teno or condition of employment" not estsblished by this AGR'EEl�1QT shall remain with the F�l�'IA7tER to elininate, modif�, or establisb following written aotification to the UI�TION. � • . . i . , � i � � � • . . � ; . . ; � ARTICIE IV • URION RICHTS � k.l The F�MPLOYER shall deduct fro� the wages oP employees who nuthorize '. . . � such a deduction in writing an amount necessary to cover monthly � UPI01� dues. Such monies deducted shaLt be remitted as directed by i I the UI�ION. 4.11 The ENg'L07tER shall not deduct dues from the wages of employees •covered by this AGI�EEMEI� for any other � labor organization. j 4.12 The tTNION shall indemnify and save harmless the Ei�L07�R fr� any and aZl cleims or charges made against the EI�'LOYER as a result of the implem��tation of this ARTICI.E. . � , �.2 The UP?ION may designate one (1) employee from the bargaining unit to act as a Steward end shall inform the EN�IA7�R in writing of such desi�atioa. Such employee shall have the rights and responsibilities as des±gnated in Article 23 (GRIEVANCE P�tOCIDURE). 4.3 Upon notification to a desi�ated ENg'IA7�R supervisor, the Business _ Manager of the UUIITTION, or his designated representative shall be � permitted to enter the facilities of the Ei�I,OYER where en�loyees . covered by this AGREEME2qT are �orkfng. � � � . . .� • , � • -- /IRTICLE Y - SCOPE OF Tf� AGREEi�I4T _ 5.� This AGREEMENP establishes the "terms and conditions of employment" defined by M.S. 179.63, Subd. 18 for all employees exclusive�y represented by the IJNION. This AGREEMEIPP shall supercede such . "terms and conditions of employment" established by Civil 3arvice Rule, Council Ordii►ance, and Council Resolution. � � � I i f � � i i I i . . 5 - � I ► � � � . . � � � � � i , � • , ' � • AATICI�E VI - PROEATSOAIIRY PERIODS � 6.1 All personnel, originelly hired or rehired fol2owing separation, in ' a regular employment status shall serve a six (6) month's probatioaary period during xhich time tbe employee's fitness snd ability to perPorrt the class of positions' duties and responsibi2ities shall be evaluated, 6.11 At any time during the probati�onary period aa , employee may be terminated et the discretion oP the Et�LOYEIt without appeal to the provisions of Article 23 (GR�VANCE PROCED�JRE). • � 6.12 An employee terminated during the probationary period shall receive a written notice of the reason{s) for such te�ination, a copy of �►hich sha21 be sent to the : UI�IIION. � • 6.2 All personnel promoted to e higher clsss of positions shall serve e six (6) months' promotional probationary period during which time � i i the employee's fitness and ability to perform t2:e class of positfons' ; I duties and responsibilities shall be evaluated. �: �6.21 At any time during the pramotional probationary period , : en employee may be dea,oted to the employee's ; . previous]y held class of positions at the discretion of � the EN�IAYER without appeal to the provisions of ; ; Article 23 (GRIEVANCE gROCIDUR'E�. � � i 6.22 An employee demoted during the prnmotioaal . probationary period shall be returned to tbe e�mployee's previonsly held cless oP positions and ; shall receive a �rritten notice of the reasons tor demotion, a cop�• of vhich shall be sent to the II�OA. . - 6 - ' , , � ARTICI,E VZI - PliIL060PHY OF EMPIAYMENT APD CON�ENSATION • 7.1 The EI�'LOYER and the ZJNION are in ftiill agreement that the " ' philosopl�y of employment and compensation shall be a "cssh" • � . - hour�y xage and "industry" fringe benefit system. j . � 7.2 Ttie EN�IAYER stiall compensate employees for all hours worked � at the basic hourly xage rate and hc�urly fringe benefit rate as � � fonnd in Articles 22 (WAGES) and 13 (FRIl�TGE B�FITS). 7.3 No other ca�peasation or friuge benefit shall be accnmulated or earned by an employes except as specifically provided for in this AGREB�i�1T; except those employees who have individually optioned to be "grandfathered" as provided by 12.2. ' . � . i , I I i r � I i • i _ 'r • - ti . ARTICLE ti'III - HOURS OF W�tK 8.1 The normal work day shall be eiQht (8) consecutive hours per day, excluding a th;rty (30) minute unpai.d lunch period, between 7:00 a.m. and 5:30 p.m. . 8.2 The normal work week shall be five (5) consecutive normal work days Monday through �riday. � • 8.3 If, during the term of thi.s AG�1T, it is necessary in the � i E1+�Il'IAYER'S judgment to establish second and third shifts or a j ; work week oP other than Monday through FYiday, the UBTIOPI agrees . • � to enter into negotiations i�ediately to establish the conditions � of such shifts and/or work weeks. � 8.4 , This section shall not be construed as, and is not a guarantee oP, any hours of work per normal wory day or ger normal work week. 8•5 All employees shall be at the location designated by their supervisor, ready Por work, at the establishe�3 starting time ard shall remain at an assigned work location until the end of the established work � da�• unless otherwise directed by their supervisor. 8.6 All employees are sub�ect to call-back by the EN1PI,pyER as provided 'by Article 10 (CALL B�ACK). 8.7 bapZoyees reporting for work at the established starting time and . for whom ao work is available shall receive pay for two �2) hours, at the basic hourly rate, unless notification has been �iven not to report for work prior to leaving home, or during the previous work day. - 8 - � ��x�c� nc - ovE�rn� ' � � - - . i 9,1 All overtime compensated for by the II+�LOYEFt must receive prior � . authorization Prom a designated EN�IAYER supervisor. No overtimi� . ` �rork claim �rill, be honored for payment or credit unless approved in � i i advance. An overtime claim will not be honored, even though shoWa � on the time card, unless the required advance approval has been � � obtained. i 9,2 The overtime rate of one and one-half (l�) the basic hourly rate • � , � sY►all be paid for work performed under the follm�ing circumstances: 9.21 Time worked in excess of eight (8) hours ia any one nozmal work day and � 9.22 Time worked on a sixth (6th) day Pollowing a norm$i �ork week. 9•3 The overtime rate of two (2) times tbe basic hour2y rate shall be paid for work performed under �he following circumstances: 9,31 . Time warked on a holiday as dePined in Article 16 (xo�YS); . ' 9.32 Time worked on a seventh (7th) day following a normnl xork xeek; and • 9•33 Time worked in excess of twelve (12� consecutive hours ; in a twenty-four (24) hour period, provided, that all � "emergency" wark required by "Acts oP God" shall be . 'compensated at ttre rate oP one and one-half (12�. 9.4 Fbr the purposes of calculating overti.me compensation overtime hours xorked shall nat be '"pyramided", compounded, or peid twice Por the same hours vorked. ' 9•5 Overtime hours worked as provided by this ARTICLE shall be gaid 3n cast�. . � _ 9 _ . , • � - AATICIE X - CALL BAC1C lp.l The II�IA7�Ft retaias the right to call back employees before an e�nployee has started a noxnial work day or normal work xeek aad ; � after an employee has completed a no�al Work day or normal work � �reek. Ip,2 Employees callec3 back shall receive a miaimum of four (4) hours . pay at the basic hourly rate. 1p�3 The hours xorked based on a call-back sY►all be compeusated ia � accordance with Article 9 (OVERTIl'�), �� applicable, and sub3ect to the minimum established by 10.2 above. 10.� Employees called back four (�+) hours or less prior to their normel ; wnrk day shall complete the nox�nal work day and be cempensated ' only for the overtime hours worked in accordance with Article 9 � � (OVERTIME)• . ; � { � � . ; - • � ; � . i i . i � � � . � • ' . 1 . � - i i � . i • 14 - � � . � �� . l'10 . 15�18 ..ZCi: XZ - hQBii IACt+iiGM , i;r^,;i�:::i��]' II,2 E?p?oyce� shnl2 re��rt to �:ar'r. �.oce�.o� es assi�:ed by a de�irr:cte� � � ' , � " t.��%QY'�.� sLpen�f�or. tJurir.g �he no�ai wc�k d�J �zp�oyee:. r.ay �� t �� `- assi�:ed Lo o:.�.er w�r:f locr,�.a:1s at �he discretie: af �he �sLv�s:. � ;; f� i; 11.? �ioyees sss{�ed �o �-ark loca�ions de�ir.� �::� normal �or� �ay, �� Iv � � . . i� . ot::er th�a their ori�::�e2 as��;:�en�, and s::^.o are re�;k:re� �o fsrr.is� ; '�`� . I �,�.:: _ �"eir o-»� transpor�s�ion �aeii be ca�er:sa�ed S'ar �ilea�e. � �;; ::� � . . �. � � . ?�.; r'�2 e�TM,lr,yees agpainted ai Ler J�nuary 1, i97�, ao�3 �e re��.ir:d t� , i n {.. a:.e �� P ^ 7 � i r� �' •%-�' in r'� �I �e�_d,, ... ,,..,. C�..y o_ o�in� a�:.. �,ritl-�.n cne yea. �: ,..�_�r apF��_..z�e.�., � � El:.a. t�T?_C�°L@T .t'v:�::� b2 rer4ire3 LO reII3:.� i�.�:'.i:l L:: C:G;j ...�::L� nS "r �; ��r:g ss �i:ey ::e:e E:plcyed by *.:e C�tf a: �zir.: Paul. � s � , ` ••� � � : • a .. : re , � ;,�,• • � ;,.,;- �.. ,•• i y .� 1:11.� �:it►L'1:�� ECLI�.�'C'... Y2� �.':3 �1 2T`t:� .`.9 �•�ri:�5i:itC e�.� �� . ' 1:e_l 33 t.43J✓afl.�:. �::r:.�y��. i ; I i�.J r.r'yZ��ci:�S �',��._ lO::i:��.v.::i l:: V:.. �r1NJ �� v?�._.. i2?:� __.�a. .^,ti: D� ;'a• 2�•nr �c be res i�ents c: �r.e �-�;; �f :,a;r� �a*.:�. �.►? .... �'�G�8EC �31�iII� ::i I3E.'f:�t. i.ti�C :C�filCi:°.ACy reC,�.;i:P_.".�.C:2�.. `e.'�� 7�? .::::.d`':.•i, j . � � �7 �E":'�a.1�10:. �.°... � i1E.'uT1.il? T:��i:°.°..�. .Sti':3�.. G� E`:;.:3:.1_�.^.£G '..O �°�Ei`.:ti�� i rii:�v.".P1' t.}:�: :v�1:I°:l��v I�8'�.13:'�:�:�i. 1ei'�S �:.:_'v. I I I ( I � ! „ al � i ; ARTICLE XII - WAGES � � 12.1 The basic hourly Wage rates as established by Appendix C shall be paid for all hours xorked by an employee. 12.2 E�nployees who are covered I� by the Pringe benePits listed belaw shall contfnue to be covered by such benefits. fihey shall be sub�ect to i all other provisioas of the AGREEMENT, but shall not ha.ve hourly � i fringe benefit contributions and�or deductioas made on their behalF as provided for by Article 13 (FRINGE BENEF'ITg). 12.21 Insurance benePits as established by City oF St. Paul Resolutions. " 12.22 Sick Leave as established by Ordinance No. 3250, Section 35, Subdivision E. f 12.23 Vacation as established by Ordinance No. 6�46, Section 1, Subdivision F. 12.24 Nine (9) Zegal holidays as established ' . by Ordinance No. 6k46, j Section 1, Subdivision G. ; 1�.25 Severence benefits as established by Ordinance No. 11490. - 12 - ' , � � ARTICLE JCIII - FRINGE BEI�FITS 13•1 The EMPLOYER sha11 make contributions on behalP oP end�or � make deductions from the wages og employees covered by this AGRF.�MENT in accordance �rith Appendix D for all hovrs worked. ti ' - 14 - • i (;',, ARTICLE XIV - SELc�CTION OF FOREMAN AND GEI�RAL F0� 14.1 The selection of personnel for the class oP pasition of Foreman shall remain solely with the EMPIAYER. 14.2 Tt�.e class of positien of Foreman shall be filled by emplayees af the bargaining unit on a "temporary assi�nment". � � 1b,3 All "temporary assignments" shall be made only at the direction of a desiguated II�PIAYER supervisor. , i � 1�+.4 Such "temporary assigvments" shall be made only in cases where ; ` t��e class of positions is vacant for more than one (1) nozmal work day. � , - 15 - ARTICIE XY - RETIItEMERr 15.1 All employeea shell retire from employment `rith the EI�LOYER no lster than the Iast calendar dey of the month in �ich an employee becomes sixty-five (65� yeers old. - 16 =• ARTICLE XVZ - HOLIDAYS 16.1 The folloaing niae {9) days shall be designated as holidays; Nex Tear's Dey, January 1 � President's Day, Third Nbnday in February • Memorial Day, last Monday in I�Say Ind+ependP..nce Day, July 4 ' - I,ebor Day, first Nbnday in September Columbus Day, second Monday in October Yeteran's Day, November 11 • • Thanksgiving Day, fourth Thursday in Nove�nber Christmas Day, December 25 16.2 When New Year's Day, Independence Day or Christmas Day fslis on a Sunday, the folloti+ing Nbnday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday sha21 be considered the designated ho2iday. 16.3 The nine (9) holidays shall be considered non-work days. 16.4 If, in the �udgment oP the EN�LOYER, personnel are necessary Por operating or emergency reasons, employees may be scheduled or � "called back° in accordance with Article 10 (CALL BACK). 1b.5 �ployees ta�orking on a designated holidey shall be compensated at the rate of two (2) times the basic hour�y rate for all hours �orked. - 17 - � , • , • �. .� �. � . � � �r� � �10 . 1�q�� .. AATICLE XYII - DISCIPLINARY PROCEDUR'ES �` 1T.1 The EI�IAYER shall have the right to impose disciplinary actions oa e�ployees Por �ust cause. � 17.2 Discip2fnary actians by. the EMII�L07�R shall include only the following actions: I7.21 Oral reprimand 17.22 written re�primand 17.23 Suspension 1T:2k Demotion 17.25 Discharge 17.3 baployees who are suspended, demoted, or discharged shall have the right to request that such actiens be reviewed by the Civil Service Coa�ission or a designated Board of Revie�r. The Civil Service Cammission, or a designated Board of Reviex, shall be the sole and e�cclusive means of reviewing a suspension, demotion, or discharge. No appeel oP a suspension, demation, or discharge shall be considered a "grievance" Por the purpose of processing through the provi'sions of Article 23 (GR�VANCE pROC,'EDURE), - 18 - . . ' ARTICLE XVIII - ABSENCES FRCM WOR1C 18.1 �rployees Mho are unable to report for their normal w�ork day hsve the responsibility to notify their supervisor of such absence aa soon as possible, but in rw event later than the beginning of such i . �rork day, � 18.2 Failure to make such notification may be grounds for disciplfne as provided in Article 17 (DISCIPLInARY pRp(TF�UREg), 18.3 Failure to report for w�rk w�ithout notificetion for three (3) consecutive nonael �ork days may be considered a "quit" by the Et+�'IAYER on the part of the employee. _ lg _ � , , . � � ' ARTICLE JCI7C • SEIPIORII'Z 19.1 3eniority, for the purposes oP this AG�RT, shell be defined as follaws: . 19.11 "Master Seniority" - �he length oP continuous regulat end probationary service tirith the EI�IAYER Prom Lbe last dete of employment in any and all class titles ' covered by this AGl�EMEIPr. . i I • � 19.12 "Class Seniority" - the length of continuous regular and probationary service with the F�LOYER from the � date an employee was first appointed to a class.title � i � covered by this AGREEMENT. 19.2 Seniority shall no`, accumulate during an unpaid leave of absence, eacept �hen such a leave is granted for a perfod of less than thirty j (30) ca2endar days; is granted because of illness or in�ury; is ! granted to allow an employec to eccept an aFpointment to the i . � ; unclessified service of the II�'IA�:R or to an elected or appointed flill-ti�e position With the UI�IIOR. � 19.3 Seniority shall terminate when an employee retires, resfgns, or is , ' discharged. ; 19.4 In the event it is determined by the II�IPIAYER t:1et it is necessary to reduce the work force employees will be leid off by class ti.le tirithin each Dep.artment based on inverse length of "Class Seniority." Employees laid off shall have the ri�ht to reinstatement in any laWer-paid class � title, provided, e,a�,ployee has greater "Master Seniority" than the emp2oyee � being replaced. 19•5 The selection oP vacation periods shall be made by cless title besed on length of "Cless Seniority", sub�ecL to the approval of the Et�IAYER. � - 20 � • . � , , � ARTICLE �OC - JURISDICTION 20,1 Disputes concerning �rork �urisdiction betWeen and emong unions is .. recognized as an appropriate sub�ect for determination by the various unions representing employees of the ENII�LOYER, 20.2 The E[�LOYER agrees to be guided in the assigame:it of work jurisdiction by any mutual agreements between the unions involved. 20.3 In the event of a dispute concerning the performance or assigrYment of w+ork, the unions involved and the EI�LOYER shall meet as soan as mutually possible to resoZve the dispute. Nothing in the foregoing shall restrict the right of the EMPLpYER to accomplish the �rork as originally assigned pending resolution of the dispute or to restrict the EMPIAYER's basic right to assign rrork, 20.� Any employee refusing to perform work essigned by the EMPLOYER and as clarified by Sections 20.2 and 20.3 above shall be sub3ect to disciplinary action as provided in Articie 17 (DISCIPLINARY PROCIDURES), �•5 There shall be no work stoppage, s2o� dawn, or any disruption oF Work resulting fmm a �ork assignmeat. � - 21 - . , . AItTICLE lOCI - SEPARATIOIf 21.1 F�ployees having s probationary or regular ewployment status shall be considered separated from e�ployment based on the followiag � actions: 21.11 Resignetion. F�nployees resigning from employment shell give written notice fourteen (14) cale��dar days prior to the effective date of the resignetion. � 21.12 Retirement. As provided in Article 15. . 21.13 Discharge. ps provided in Article 17. � 21.14 Pailure to Renort for Duty. As provided in Article 18. 21.2 Employees havi:ig an emergen^y, temporary, or provisional employmeat status may be terminated at the discretion uf the II�IAYER before the completion of a normal work day. � • � - � - ti • .�. � . � � . C�� ►'10 � �5�i �� _ aKrrcr� �cn - �rooas . � . 22.1 All employees shall personally provide themsalves xith thc too2s � - of the trade es listed in Appendiz Br � . - 23 - . � ARTICLE 70CIII - G:�VANCE PROCEDUItE 23.1 T't:e II�Il'LOYER shall recognize Stewards selected in accoraance xith i1PTI01� nil.es and regulstions ss the grievance representative oP the bargnining unft. The UI+TI01� shell notify the EI�+�IAYEA in xriting of the names of the Stewards and oY their successors when so named. 23.2 It is recogaized and accepted by the EN�IAYER and tt�e UNION that ttie processing of �rievances as ttereinafter pro��ided is limited by the �ob duties and responsibilities of the emp2oyees and shall th�refore be accomplished during working hours on�y when consistent with such . employee duties and responsibilities. The Steward involved and a g�cievi:ig employee shall su�Fer no loss in pay when a grievance is pro- cessed during �orking hours, provided, the Steward and the employee have � notified and recei�:ed the approval of their supervisor to be abseat to process a grievance and that such absence would not be detrimental to the work prngrs�ms of the EN�LOYEB. �3•3 The procedure established by this ARTICIE shall be the sole and exclusive procedure, except for the appeal of disciplinary action es provided by 17.3, for the processing of grievances, Which are defined as en alleged violatio:� of the terms and conditions of this AGREEMENT. 23.k Grievances shall be resolved in conformanee with the following procedure: Step 1, Upon the occurence of an a1le�ed violatioa of this AGREII��NT, the employee involved shall attempt to � resolve the metter on an informal basis `rith the - 24 - � � '� . � � aKric� �ocrii - c�v� �ocmcrxE (co�rn�nm) employee's supervisor. IP the matter is not reso2ved to the �aployee's setisfaction by the infox�nal disrussioa . it may be reduced to writing and referred to Step 2 by� the U1�ION. The written grievance shall set forth the nsture of the grievance, the facts on Which it is based, the alleged section(s) of the AGREEMENT violeted , and �. the relief requested. Any alleged violation of the � AGI�FMENT not reduced to writing by the tJNION within seven (7) calendar days oP the first occurrence of the event giving rise to the grievance or within the use of reasoneble diligence should have had knowledge of the � first occurrence of the event giving :-ise to the grievance, shell be considered waived. Step 2. Wittiin seven (7) calendar days after receiv3ng the I written grievance a designated Ei�ZOyER supervisor shall I i meet with the tJNION Steward and ettempt to resolve the i i grievence. IF, as e result of this meeting, the grievance � remains unresolved, the EN�IAYER shall reply in writfng to . ! I the tJNION wiLhin three (3) calendar days follawing thia � � meeting. The Ur1I0N may rePer the grievance in writing to I Step 3 within seven (7) calendar days follawing receipt of the II�LOYER�s written answer. Any grievance not rePerred in writing by the iJNION within seven (7) calendar, days � folloiring receipt of the EN�I,pYER'S ans�er shall be � considered �raived. ; 4 I . i i � � �j �• . . . • " �• � _i ' • i . ARTIeLE XXIII - GRIEYANCE PROCEDURE (COIaTINUED) , ' , I � Step 3, Within seven (7) cnlendar deys following receipt of a , � . grievance referred from Step 2 e designated EI�LOYIIt � supervisor shall meet with the UNZON Business Manager or his designated representative and attempt to resolve the grisvance. Withia seven (7) calendar days folloWing this,meeting the EH'�LOYER shall reply in writing to • the [TNION stati.ng the �LOYER'S answer concerniag the grievance. If, as e result of the written response the grievance remaias unresolved, the UNION may refer the grievance to Step �►. Any gr�erance not ' referred to in writing by the UNION to Step b witYiin seven (7) calendar days following receipt of the II�'LOYER'S enswer shall be considered waived. Step 4. If the grievance remains unresolved, the U'NIOq may • Within seven (7) calendar days after the respoase of the EI�LOYER in Step 3, by written notice to the IIKPLOYER, request arbitration of the grievance. Tha arbitration proceedings shall be conducted by an erbitrator to be select�d by mutual agreement ot the II�IAYER and the tJNION within seven (7) calendar � days after notice has been given. IP the part3es � . . fail to mutually agree upon en arbitrator within the � said seven (7) day period, either party may request the Public F�ployment Relation Board to submit a - 26 - . . , ` ARTICLE �OCIII - GRIEtIANCE PROCEDiJR� (CONTINUED) paael of five (5� arbitrators, Both the EM�I�07�R • and the UNION shsll have the right to strike tsro (2) names fmm the panel. The UNtON shall strike the first (lst} name; the II�IAYER shall thea . strike one (1) name. The process will be repeated aad the remaining person shall be the srbitrator. 23•5 The arbitratar shall have no right to amend, modif�r, nullif�r, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by'the EI�LOYER and the UNION and shall . Save no authority to make a decision on any other issue not so submitted, The srbitrator shall be w3thout po�►er to make decisions contrary to or �nconsistent with or modiPying or varying in any way the spplication of laws, ruZes, or regulations having the force end effect of law. The arbitrator's decision shell be submitted in xriting within thirty (3) days following close of the hearing or the submission of briefs by the parties, �hichever be later, unless . the parties agree to an extension. The decision shall be based solely on the erbitretor's interpretation or application oP the eapress terms of this AGREEMEflT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EI�IAYER, the UIQION, and tbe employe�rs. - 2? • . . ' , • • � " • � ' i • , ' . � aKric� �ocizi - cx�v�xc� �oc�nu� (corrrncc�u) . _ . � 23,6 The fees and expenses for the arbitrator's services and proceedings � ahall be borne equelly by the EI�IAYER and the UNION, provided that � . I � each party shall be responsible for compensating its o�rn representstive � � � and xitnesses. If either psrty desires a verbatim record oP the i . i proceedings, it may cause suc?� e record to be made orov�ding it paya ' for the record. 23.7 The.time limits in each step of this procedure may be extended by � mutual agreement oY the EN�LOYER and the UNIOA. � � - 28 - � � . , � �r�.• Yl� � ! ,�11� -, ARTICLE �CN - RIt�iT OF SUBCONTItACT ' 24.1 The EMPLOYER mey, st any time during the duration oP this .. AGREEMENT, contract our �rork done by the employees covered by this AGREa+�NT. In the event that such contracting �,rould � result in a reduction of the xork force covered by this AGKEEMENT, the EMPLOYER shall give the UNIION $ ninety (90) calendar day notice of the intention to suh•contract. . 24,2 The sub-contractiag of work done by the employees covered by this AGRE�NT shall in sll cases be made only to employers who qualify in accardance with Ordinance No. 1�+013. , • - � � . , � ti . I � ' ' , j - ARTICLE �QCV - 1'�ON-DISCRII�IINATIOI� � ' 25.1 The terms end conditions of this AGREEMENT will be applied to . . employees equally without regard to, or discrimination Por or agbinst, any individual because of race, color, creed, sdc, age, or because oP membership or non-membership in the UAlIO�. • 25.2 F�ployees will perform their duties enfl responsibilities in � a non-discriminatory manner as such duties and responsibilitie� involve other employees end the general public. • '� . �p � � . � ' � 4 - il` . } , �VLIL�/ � � S�y.yL{ftii71L11 i • . 26.1 In the event that any provision(s) oP this AG�NP is declared . to be contrary to la�r by proper legislative, administrative, or �udicial authority from whose finding, determination, or decree � no appeal is taken, such provision(s) shall be voided. Al1 other provisions shall continue in flx).l force and effect. 26.2 'i'he parties agree to, upon writteu notice, enter into negotiations to place the voided provisions of the A�REEMENT in complinance xith the legislstive, administrative, or 3udicial dete�ination. - 31 - ,� � . , ' , aKrrcr� �ocviI. - wA� . 2'T•1 The EI►Q�I,pYER aad the UNION acknowled e th . ' and negotiatfn 8 at d�ng the meetiag � 8 xhicb resulted ia thfs AGR�� each b�d the i'ight and P ��°Tt�ity �O �ke Pr�pasals irith res ect � S��ect concernf p � a� ! n8 the te�s eAd conditions of employment. � � � agreements end understandings reachec3 by the � � P82'ties after the � � exerMse of this rfgi�t are tlilly and co .. t�s AGRE�� mpletel, set forth iA . �•2 TherePore, the �� and the iTNIpN for the duration oP this AG� a�e that the other paryr sb811 not b meet and aegotiate over e� te� e obligated tA y or conditions oP employment whether specfFicall Y covered or not specifically covered by t�s AGl��,�. �e ��ON and El� ��R mey, h�ever to modi , mutually agree . FY any p�vision of this AG�.yNT, �•3 �y and al], pMor o �A°nCeS� 88�'eements, reSOlutions, practices, policies, and rules or �8�18tions regarding the terms aad conditions oP employm�t� to the � • e�ctea� they are inconsisten� �*ith this AGRE'�� 8� hereby �perseded� ' 32 - � . , • � , •- -� . , , � . ARTICIE 7IXVIII - CITY 1�IILEAGE PT�AN � 28.1 Auto?nabile Reimbursement Authorized: Pursuant to Chapter 92A of the i ative CoBe as amended ertaining to reimbursement oP 1 3t. Paul I,egisl , , P I City ofPicers and employees for the use of their awn automobi2es in � tbe performence of their duties, the folloxing provisions are adopted. 28.2 Method of Computation: To be eligible for such reimbursement all � ' officers and employees must receive written authorization Prom the Mayor. Reimbursement shall be made in accordance With one of the following plans: � T�y e 1. For those officers end employees who are required to use t�eir own autamobiles occasiona3ly for official City business, reimbur:,ement at the rate of 13 cents For each mile dri.ven. � e 2. Fbr those officers and emnloyees �aho are required to use their awn sutomobiles on a regular bnsis cn Gity business, reimbursement at the rate of $2.Sfl for each day of worl�, and in addition thereto at the rate of 6.5 cents for each mile driven, 28.3 Rules and Re�ulations: The I�yor shall adopt rules and regulations governiag the procedures for aut�mobile reimbursemer.t, which regulations and rules shall contain the requirement that recipients shell file dai]y reports indicating place of origin and destination and applicable mileage ' . ratings thereat and indicating total miles driven, and shall file �nth�Y aP'fidavits statin� the number of days Worked and the number of miles driven, and ftiirther required that they maintain automobile liatility insurance in amounts not less than $100,000/300,000 for personal in3ury, and $50�000 for property damage. These zules and regulations, together With any amendments therEto, shall be maintained on file rrith the City Clerk. 28.4 The provisions of this Article sha21 not apply �to employees of Independent School District No. 625. . ti - 33 - _� \ `. M . . Qr-� � I'�o � I 5q ��3 _ �� . ' . �icrE �acnc - rQ�c� - nQn�rID�r sa�ooL DrsTxrcr �625 29.1 �aployees oP the School District under policy adopted by the Board oP Dducation may be reimbursed for the use oP their auto- mobi2es for school business, To be eligible for such reimbursement, . employees m�st receive authorization from the Mstrict Mileage Co�maittee utilizing one of the follawing plens: PLAN "A° is reimbursed at the rate of 15¢ per mile. Ir. on, a maximum amount xhich can be paid per month is establis?�ed by an estimate flirnished by the employee and the employee's supervisor. • Another consideration for establishing the maximum amount can be the experience of another working in the same or similar positioa. Under this plan, it is necessary for the employee to keep a record of each trip made. PLA2t "C" provides for reimbursement based on a per month�lwTp sum" aa:ount. This amount is determined by the employee's driving experience under Plan "A" for � period of 3 to 6 months. Those employees receivir.g an anto al2o-�rance i:nder this plan must report mor.thly the number of days the car was avail- able during the month. A deduction must be made from the lump sum emount for each day the employee is on vacation, A deduction need not be made for an occasional day of illness or for hol�day. _ 3� _ . � � , r AlZTICLE 7DIX - DUr'i�lTION AND PIEDGE 30.1 This AGRF�'.t+�1'� shall become effective ss of the date of signing, except as speciPically provided otherwise in Articles 12 nnd 23, and shall remain in effect through the 30th day of April, 1976y and continue in effect fro� yeer to yeer thereafter unless notice to change or to term�nats is given in the asanner provided in 27,2. 30.2 If either gerty desires to terminste or modify this AGREII�RP, ePfective as of the date of ea�piratian, the party irishing to modify or terminate the AGR�!'QT shall give written notice to the other party, not mare then ninety (90) or less than sixty (6Q} calendar days prior to the expiration date, prov�ded, that the AGR�MEN�IPr may only be so termineted or modified effective as of the expiration date. �0.3 Zn cansidFretion of the tezas and conditions of e.mployaen� established by thi.s AGREEI�NT ahd the recognition th�t ths GRIEVA1qCE PRO�,'�URL hcrein e4tablished is the means �y whicn grievsnces concernfng its apFlication or interpretatien S�y he peaceflall�• re=ol.ved, the gsrties hereby pledge th�t dvrin� t::e t e rm o� the AGREEMEItiT: ?0.�I The iTNI0I4 ar.d the emplo;��es raill r.ot en�Zage in, instigate, or cor�on� any concerted action in which e�2oyees fail. to repcsrt for duty, willfliZly absent th�nselti•�:s from work, st�� rork, �l.ow down their trork, or absent themselves in - 3� - . � , � aR�zc� x� - nua�zo� �n pr,�nr� (corrrnacrEn) in xhole or part frarc the flxll, faithfUl. � i perPormar.ce of their duties of e�loyment. 3�•32 The EI�'I,OYER wi21 not engage in, i.nstigate, or condone any lock-out of employees. 3a•33 This constitu�es a tentative agreement between the parties which will be recoma�ended by tne City Negotiator, but is sub�ect to the approval af the Administration of the I I City, the City Council and Independent Schoo2 District No. � 625 rsnd is also sub�ect to ratification by the Association. I AGFiEED to thisl7thday aP Sept., 1975, and attested to as the full and ` eQan Iete uaderstand ! p ing of the parties for the F,eriod of time herein specified , by the signature of the following representative for the F.MpLOYER an� the UlYI01Y: WITI�SSES: CITY OF SAINT PAUL ZWIN CITY GLAZIERS AND GI.ASS WORI�RS, LOC.AL 1324 � BY•� � BY: ty�Negotiato - � usiness Manager BY: BY: BY: BY: Civil. Service Coffinission BY: BY: Mayor BY: City �ttorney BY: Independent School District No. 625 - 36 - .' • , � APPEND�C A I The changes of positions recognized by the II�LpyER as being exclusively represerited by the UNION are as follows; Glazier - Appf�entice and other classes of positions that may be established by the II�LpyFR where the duties and responsibilities assigned comes within the 3urisdiction of the IIlalpiQ, I I II ! I iI I t � . _ � _ APP�NDIX G The basic hourly wage rate for provisianal, regular and probationary employees appointed to the followin� classes of positions and not receiving the Fringe Benefits listed in Article 12.2 shall be: Effective Effective dune �+,1975 Nov. 3, 1g75 Glazier. . . . . . . . . . . . . 8. 20 8. 29 The basic hourly wage for temporary.and emergency employees appointed to the following class of positions shall be: Effective Effectivc dune 4, 1975 Nov. 3, 1975 Glazier. . . . . . . . . . . . . g, 54 8. 64 �pprentice Q - 6 months . . . . . . . . 60;�$, of Glazier rate 7 - 12 months . . . . . . . . 65�, of Glazier rate 13 - 1$ months. . . . . . . . 70°;(„ of Glazier rate 19 - 2� months. . . . . . . . 75�, of Glazier rate 25 - 3� months. . . . . . . . 80�, of Glazier rate 31 - 36 months. . . . . . . . 9Q�', of G].azier rate Tk�e basic hourly wage rate for regular employees appointed to the following class of pasitions who are receivin� the Fringe Benefits listed in Article 12.2 shall be: Effective Effective Jur=� '+� 1975 xov. 3� 1975 Glazier. . . . . . . . . . . . . $,04 $.12 - Cl - . .� , , � . APP'EIYDDC D Effective June 4, 1975 , the EN�LO�R shall: (1) contribute $ .�0 per hour for all hours �rorked by participating employees as defined in Articles 12.3,12.4 and 12.5 covered by this AGR�T, to a U1'�IOA designeted Iiealth and Welfare Fwnd. (2) contribute $ .50 per hour for all hours �rorked by participating employees as dePi�aed in Articles 12.3, 12.4 and 12.5 covered by this AG�ME1Pr, to a Pension Fund. (3) contribute $ .35 per hour from which payroll deduction has been made for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AG�T, to a Vacation Ifind. (4} coatribute � .Q1 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.�+ and 12.5 covered by this AG�, to a Journeyman and Apprenticeship Training F�md. Al1 contributions made in accordance with this Appendia shall be forwarded to depositories as directed by the UPI02�. The El►�LO�R shall establish Wor�an's Compensation and Usemployment Ca�pensation programs as required by Minnesota Statutes. Participating employees as deFined in Articles 12.3, 12.�+ and 12.5 covered by this AG�1PP, shall not be eligible For, governed by, or accuaulate vacation, sick leave, holiday, funeral leave, �ury duty, or insurance fringe benePits that are or may be eatablished by Personnel Rules, Council Ordinance, or Council Resolutions. - Dl - _ r _ . . ,� � w APPEItDIX D (CObTI19IJED) ;: The �'LOYER'S Pringe beneYit obligation to participating e�ployees as � ; defined in Articles 12.3, 12.k and 12.5 ia limited to the contributions aad�or i � deductions established by this A�G�1�. The actual level of benefits provided � i to employees shall be the responsibility of the Trustees oP the various ft�nds . to which the EN�L07�R has forwarded contributions and/or deductions. , i I I � , I I � � i i i . � i ( � j � - D2 - � � �� . ►� � �� Dcj not detach this memorandum fram th �sc�c� . ^ ordinance so that this ir�formation will be [1 V �, atiailable to the City Council. REPORT TO THE HONORA�LE LAWRENCE D, COHE S 9 C Q Q� FROM: Thomas J. Kelley, City Administrator OCT 3 �1975� �� `I pDMINISTRAI�R >> DAT E: �eptexber 24, 1g75 � ti j � �tEGARDING: This ord.iaeuace apprmres the 19�5 Maintenaudce Le,'bor Digree�ent betxeen the City, Sch�l �istriet and Glazier I.oesl Hm. 1324. T�e aegctiated xsge rate is bas�d en the antsicle �aic� rste�. � � SOURCE: Peraon�el OffiOe � �� 3� � ACTION REQUESTED: I reea�end yo�r a�pr0val. a�d sul�missi�a of this Ordi.ne�ce to the City Caancil. ATTACHMENTSI Ordi�aace afsd c�rpy for City �lerk� and Maistemance Agret�ent. , �, . i8� 1/-/3 �-7 � �a 1 / —�� grd / /�� 7 Adopted Yeas Nays CHItIS�iSEN xozzA ��6��6`� r�vn�rE ROEDLER ' SYLVESTER V TEDESCO ' PRESmENT (FitJNT)