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266365 WH17E - CITV CI.�RK �(1(1��1� PINK - FINANCE - 1 hh h BLUERV-MAVORTMENT GITY1 OF. SAINT PAUL COIII1C11 vv v File N 0. , , , • , in�nce Ordinance N 0. �� o�� Presented By Referred To Committee: Date Out of Committee By Date An ad�inistrative �rdir�ance appr�ving the ter� and e�ndi�i�ns sf a lgj5 Ii�i�tenasce Le►ba�rr Ag�cee�eat betwee� tbs �ity af Saigt Yaul and the i�ited Slate eu3d �I,le and O�rpssitic>n Ba,�fer�, I�ap and �iaterpr�P W�rlcers /1ss�ciatican, Z�al 96. W�i, the t�cil, pt�r�t�t tm the provisioas of 8�cctios 12.�9 af t�e �t Pawl City Q�arter and the Riblic �loyment Lsbor Be].�tivaae det oP 1971, as amend�ed, rec�izes that fQr the purpwse of ineeting and aega�iating the tez�s aad cmnditic+�as of e�].e�t� the �n3.ted Slate and Tile and C�siti� �efers, D�cp and i�at�rpre�f Worker� Assoc3ation is the �acclusi�e representadtive for C3ty enpl�yee� falling within the �t.t as certified by the Bureau ot' l�eecii.atie�s Services mnder �ase l�. 73-�5u� and �AS� tYas City thr�rugh desi.�ated. represer�tatives and the exclusiv+e s�epresentativ+e have met in good �sith, negc�tiat�sd e�ditions and terma o� e�pl�yment Por the year through Jpril 30, 1976, f�r s�eh pers�el as ara set forth iri the agredm�nt bet�reen the City a�d the eaelusiv�e r�presentative, • nmi! thereYore, � (7A�ITCI� AF � CITIL 0F S�I�T P11�T�+ ]�Q�t 0�: i{ectiaai 1. �,at the agree��t created ae cf the effective date of t�►is ordinance bei�en the City of Se,int Paul. and the Hnited Slate a�d =ile aad O�mpoaition &xafers, �p and Waterprec�f �Torkers /lssociatian,Loca1 96 a� f'�].e ia the mfYYce of the City Qerk is hersby apprcv�ed and the a�tharized aciminietra�.3.v�e oPPicia�].� ef the �t.ty axe hereby authmrized and �i.rected t,o exeeute said a�ree�rent on be�ialf of the City. - 1 - COU[VCILMEIV Yeas Nays Requested by Department of: Christensen Hozza [n Favor Levine Rcedler Against BY Sylvester Tedesco President Hunt Adopted by Council: Date Fotm Approved by City Attorney Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved by Mayor for Submission to Council BY BY , WH17E - CITV C�ERK PINK - FINAiJCE GITY OF SAINT PAITL Council �66�6� CANARV -�?EPARTMENT File NO. � � BLUE -MAYOR . ' , � • rdin�cnce Ordinance N O. �� a� Presented By Referred To Committee: Date Out of Committee By Date 8ection 2. Tbat the xage schedule in the agree�t shall tak�e Pmrce and effect retroaetive]y ta the date�s set f�rth in the ag�cee�ent sud in aec�rdance �ith tl� �pressed i�t�t �f the a�ent ef t}ai� Co�mcil e�tair�acl in Ccnmcil. File �ber 26�+748. 8eeti� 3. �at a�r vthe�r Qrdina�ee, r�alre or regr�].�tiaa� is fsrce xhea said agree�aent �akes ef'fect ine�nsistent �r1.th a�,y prc►visions of the ��s or conditio�ns of said a�reemme�t i.s Y�ereby ra�ealed. iectio� �. Tbi� ordinance sha]�. tak,e effect aad bs in force thrity (3�� day's af'ter ita passage, apprr�val, a�d p�tblicatit�n. APPrav�sd� ,-, /'" ` �, irmsn �Lvi], �erviee Ca�issiert COUNCILMEN Requested by Department of: Yeas Nays r�t '-° - 3�}��.,e�r1�' � In Favor Levine O Rcedler Against BY � Tedesco � President�xmi }�OZZQ, Adopted by C . Date � 4 �� Form roved by City or Certi ' Passe ouncil S ry B By Approv' Mayor: Dat Approved by yor for 's ' ounci BY BY �tssc.tsKEO 0 F C 13 1975 �r�- �o . 1��i � ° _ *' - �C.� 1--,; 'w._.. � . . , � , � �..t� , - - �� MAIb1T'EI�IAANCE LABQR AGREF.MEI�T' - between - TI� CITY OF SAINT PAOI,, I i ; � � THE INDEPENDEPENT SCHOOL DISTRICT A10. 625 � � � - and - UNITED BLATE APID TILE AND COI�OSITION ROOFERS, :; . DAMP��APID WATERPROOF WORKERS ASSOG7ATION, LOCAL 96 , �. .� ° I2�}EX �ARTZCLE TITZE PAGE Preamble if i . . � I ��Se 1 , ; n Recognition � ' 2 � �Z �ipioyer Rights . k � I�I Union Rights � � � � Scope of Agreement 5 yI Probationary Periods 6 VZI Fhilosaphy of r'�playment and Compensation ? j Yi1I Hours of Work �. 8 ! I7C �rertime 9 � X C�11 Back • 10 aCI , idork I,ocation - Residency u � XII Weges � ' XIII Fringe Benefits 1�+ ' XIY Selection of Foreman and General Foreman 15 I X� Retirement 16 7CVZ Solidays 17 XYII D3sciplinary Procedures 18 XVIII Absences FYc� Work 19 XZ7C Seniority � 74C Jurisdiction � 70Q Separation 22 JIXII Tools ' 23 �:III Grievance Procedure 2�+ XXIV Right of Subcontract 29 �IXY fion-Discrinination 30 �:VI Severability . 31 XXYII Waiver ' 32 70CYIII City 2•'•ileege Plan 33 �DCZX Mileage I.D.S. ,�t625 �4 X�OC Dursticn and Pledge 35 . �kppendix .A _ . • Appendix B Apgendix C � ' �ppendix D � � ii . .' • . , , . i. � ' PREAMBLE �� This AG� is entered into on this 15 day of Septeanber, lqTS, , between the City of Saint Paul and the Independent School District Ho. 625, hereinafter referred to as the Et�'IA'YER ar�d the United Slate and Tile and Co�mposition Roofers, Da�p and Waterproof Workers Association, Roofers I,ocal 96, hereinafter referred to as the UNIOP�. The F�I,pyER and the UNION concur that this AG�NT h�s as its ob3ective the promotion of the responsibilities of the City of Saint Faul for the benefit of the general public through effective labor-management cooperation. 1 The E�LpyER and the UNION both realize that this goal depends not only on the words in the AG � � but rather primarily on attitudes between people at all levels of responsibility. Construct�.ve attitudes of the City, the U14IOIQ, and the individual employees will best serve the needs of the general public. iii . • . . ' � , ARTICLE I - pURp�psg ' . 1.1 The ENII�I,p7�g and the UNION agree that the purpose for enteMng-into " this AGRF.�MEI'9T is to; • . ; ; 1•11 � Achieve orderly and peaceflil relations, thereby !� establishing a system of uniaterrupted operations I' and the highest level of � employee performance that is consistent with the safety and well-being oP ell • concerned; 1.12 Set forth rates oP pay, hours cf work, and other conditions of employment as have been agreed upoa by the EMPLOYER and the Ul�'ION; 1.13 Establish procedures to orderly and peaceflzlly resolve ' � disputes as to the application or interpretation oP i � this AGREE2�NT without loss of manpower productivity. � � ; 1•2 The EI�LO�;R and the UNION agree that this AGI�EQ�NT serves a$ a I . ; supplement ta legislation that creates and directs the Et�i,pyER. Ip i any part of this AGREEMEIGT is in conflict with such le is � g lation, the , • � latter shall prevail. The parties, on written notice, agree to negotiete that part in conflict so that it conforms to the statute as provided . by Article 26 (SEVERABII,ITY), . . . I � , I f i � • 1 • ' r � 1 i ' I .� j . , s . � a ' � • • . � , � � ' �ric� u - �coGxiTTOR r � , 2•1 The EA+�LOYER recognizes the UNIpIq as the exclusive representative ! for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisional, temporary, and emergency employed in the classes of positians defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No, ?3_pR_511-A dated I+9ay 11, 1973, 2.2 The classes oP positions reco�ized as bei.�g exclusively represented by the tTNION are as listed in Appendix A. - 2 - , _ . ' . � ' �c� nI - �LO� x�cKrs � I , . i3•1 The EN�IA7�ER retains the right to operete and manage all menpower, '; , . � Pacilities, end equipment; to establish f�inctions and progreats; to set and amend budgets; to determiae the utilization oP � technology; to establish and modit� the organizational structure; to select, direct, and determine the number of personnel: and to perform any inherent managerial flu2ction not specifically limited ' by this AG�NT. � 3.2 Any "term or condition of employment" not established by this AG�l�IQT shall remain with the EI�IA�R to eliminate, amodiPy, or establish following written notification to the UNION. . ' ' � � � ` � . � � 3 - • , � � ; � • � •, . • � �� ( . � � . . , , , AATICIE IV - iTNION RIGHT3 � 1�.1 The F�IPIAYER sball deduct fro�m the wages oP employees Who auttlorize such a deduction in writing an amount necessary to cover monthly " UAION dues. Such monies deducted shall be remitted as directed by the tJNION. � k�u The EMPIAYER shall not deduct dues Prom the wages oP employees covered by this AGREEMENP t'or any other labor organizatian. I � i 1�,12 The UNIOR shall indemni� end save harmless the ; E1�LOYEB from any and all claims or charges made � � against the Et�+�LOYER es a result of the impleme.�tation of this ARTICIS. � �.2 The UI?ION may designate or.e (1) employee from the bargaining unit to act as �a Stewsrd and shall inform the EI�LOYER in writing of snch desi�ation. Such employee shall have the rights and responsibilities ss i designated in Article 23 (GRIEVANCE P'ROCEDURE�• i p k,3 Upon notification to a desi�eted E1�+iPIAYER supervisor, the Business � Manager of the U1'�ION, or his designeted representative shall be pe�itted to enter the facilities of the EI�LOYER where ea�loyees covered by this AGREEMENT are �orking. _ t� � . ' . .S" • . � • ' " � • , � ARTICI,E Y - SCOPE OF TF� AG��4T 5�1 T'his AGREII�Nr estsblishes the "terms and conditions of employment" defined by M.S. 179.63, Subd. 18 for all employees exclusively represented by the UNION. TY�is AGREEA'�NT sY�all supercede such "terms and conditions of employment" established by Civil Service Rule, Council Ordiz�ance, and Council Resolution. � ; � i ; � . _ 5 _ � - � . � . � AR'tICLE VI • PROEATIO1QJlRY PERIODS 6•1 AlI personnel, originally hired or rehired following separetion, in ' a rEguler employment stetus ahall serve a six (6) month's probationary period during Which time the employee's Pitness and ability to perfor.n the class of positions' duties and responsibilities sha21 be evaluated. C � 6.11 At any time during the probati�onary period an • employee may be terminated et the discretion oP the EN�LOYER without appeal to the provisions of Article 23 (GRIEVANCE PROCEDURE). . . 6.12 An employee terminated during the probatfonary period shall receive a �rritten netice of the reason(s) Por such tez�mination�, a copy of which shall be sent to the � � UI�TION. . ' � i i 6•2 All personriel promoted to e higher class oP positions shall serve a I six (6) months' prometional probationary period dnring which time � the employee's fitness and ability to perform tre class of positions' f duties and responsibilities shall be evaluat R ed. , . 6.21 At any time during the promotional probationary period . � en employee may be demoted to the employee's • previous�y held class of positions at the discretion of � ; the EA�LOyER �rithout appeal to the provisions of � Article 23 (GRIEyANCE PROCF.'DiTF��, � i 6•22 Ari emp2oyee demoted during the promotional � . � probationary period shall be returned to the employee's previously held class of positions aad � . _ � ,� shal2 receive a �rritten notice of the reasons for . ; demotion, a coP3• ef ahicb shall be sent to the tTNIpA. � ` - b • � . . � . . . . , , , , ' AATICIE VII - PHIL060PfiY OF F�'IAYN�P1'P AND C�'ENSATI01� ' 7.1 The Er�'I,pYER end the UNION are in f1�.11 agreement thet the pY►ilosop!�y of employment and eompensation shall be a "cash" 2lourly wage and "industry" fringe benefit system. �7�2 �he II�LpyEg sha11 compensate employees for all hours worked at the besic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (WAGES) and 13 (FRINGE B�EF'I't'S)• 7,3 No other campensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this AG�EEMEi�T; excePt those employees who have individually optioned to be "grandfathered" ss pmvided by 12.2. � • . . 7 _ � ARTICLE �*III - HOURS OF WC�tK 8.1 The normal work day shall be eight (8) consecutive hours per day,� excluding a thirty (30) mi.nute unpaid lunch period, between 7:00 a.m. and 5:3o p.m. $.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. $,3 If, during the term of this AGREENSENT, it is necessary in the ENff'IAYER'S �udgment to establish second and third shifts or a work week of other than Monday thraugh Friday, the UI�TION agrees to enter into negotiations i�nediately to establish the conditions of such shifts and�or work weeks. 8.4 . This section shaLl not be const�•ued as, and is not a guarantee of, ' any hours of work per normal work day or per normal work week. $.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting �time and shall remain at an assigned work location until the end of the established work da�• unless otherwise directed by their supervisor. 8.6 All employees are sub�ect to call-back by the II�IAYER as provided by Article 10 (CALL BACK). , 8.7 Employees reporting for work at the established starting ti.me and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. - 8 - . � . . ' �Liy� � � �•�� . 1 ( '. . i , 9•1 Al2 overtime compensated for by the Et�IAYER must receiv� prior authorization from a desi gnated EI�LpYER su ervisor. No overtf ' P me �rork claim �,rill. be honored for payment or credit unless approved in � advance. An overtime cleim will not be honored, even though sho� on the time card, unless the required edvance approval has been obtained. 9•2 The overtime rate of one and one-half (12) the basic hourly rate � shall be paid Por work performed under the follataing circumstancess 9•� Time worked in excess of eight (8) hours in any one � normal work day and 9•n Ti.Yae Worked on a sixth (6th) day following a norm$1 w�ork week. 9•3 The overtime rate of two (2) times the basic hourly rate shall be peid for work performed under the following circumstances: 9•31 Time worked on a holiday as dePined in Article 16 (HOI,IDAYS); • 9.32 Time worked on a seventh (7th) day following a normal xurk tireek; and 9•33 Time worked in excess of twelve (12� consecutive bours in a twenty-four (2k) hour period, provided, that ell � "emergency" work required by "Acts oP God" shall be ° comperisated at the rate of one and one-halP (12�, 9.b For the purposes of calculating overtime compensation overtime hours Worked shall not be "pyramided", compounded, or paid twice for the same hours Worked. � • 9•5 Overtime hours �worked as provided by this ARTICLE shall be paid ia caah. � - 9 - � • � � ARTICLE 7, - CALL SAC1C 10.I The II�+�IAYER re}��s the right to cell back employees before an Iemployee hes started a no:msl work day or normal xork xeek and i 1 after an employee has completed a no�al work dey or normal w�rk ; - x�ek. ; � ' 10.2 �ployees called back shall receive a minimum of four (4� hours pay at the basic hourly rate. 10.3 The hours worked based on a call-back sball be compensated in accordance with Article 9 (OVERTIME), when appZicsble, and sub�ect to the minimum established by 10.2 above. 10,� Employees called back four �4) hours or less prior ta their normal w�ork day sha21 complete the nornnal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME). • . • 10 - ARTICLE XII - WAGES � . 12.1 The bsaic hourly vage rates ss established by Appendix C shall be pe.id for all hours worked by an emplayee. _ ]2,2 Employees who are covered by the t�inge benefits listed belaw shall continue to be covered by such benefits. They shall be sub�ect to 1 sll other provisions of the AGREEMENT, but shall not have hourly i j ' �� f5ringe benefit cantributions and�or deductions made on their beha.lf aa provided for by Article 13 (FRINGE BENEFITS). ' 12.21 Insurance benefits as established by City of St. Paul Resolutions. I . � 12.22 Sick Leave as established by Ordinance No. 3250, Section 35, Subdivision E. 12.23 Vacation as established by Ordinance No. 6446, Section 1, Subdivisian F. 12.24 N.ine (9) ].egal holidays as establfshed by Ordinance No. 64�t6, Section 1, Stibdivision G. 12.25 Severence benefits as established by Ordinance No. 11490. - 12 - . , . , , . � . � 1 _ tinued . � �I�� 7�I - WAGFS con e lar employees not crnrered by the fringe benefits listed in Article 12.3 R � 12,2 shall be considered, for the purposes oP this AGREII�IT, Pa�'ticipating ees and shall be co�mpensated in accordance with Article 12.1 (WAGES) I employ . and have fringe benefit coatributions and�or deductions made on their behalf I` � aa provided for by Article 13 (FRINGE BENEFITS). I I ��1� provisional� tempcz'a='y, and emergency emplayees shall be considered, for the purposes of this AGREF�NT, Participating emplvYees and shall be com- pensated in accordance with Article 12.1 (WAGES) and have t�inge benefit icontributions and�or deductions made in their behalf as provided far by � prticle 13 (FRINGE BENEFITS)• 11 re lar emplaYees emplcYed after FebruarY 15, 1974, shall be considered, 12.5 A 8u for the purpose of this AGREEMENT, Participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit r contributions and�or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFZTS). • _ 13 - . � . ARTICLE 7CIII - FRINGE BENEFIT3 � 13.1 �he EMpI,pYER shall make contributions on behalf of end�or meke �deductions from the wa8es of employees covered by tbis AGgEEMENT in accordance xith Appendix D for all hours worked. � - 14 • AIt�ICLE XIV - SEIECTI01� OF F'ORII�SAN AND GENEIiAL FORF.MAN 14.1 The selection of personnel for the class oP position of Foreman shall remain solely with the Et�L07�R. I; 14.2 The class of position of Foreman s1ia11 be filled by emploYees of the bargaining unit on a "tempoxarY assi�ment"• 11►�3 pl], "temporary assigranents" shall be made �only at the direct3on of a designated II�LOYER suPervisor. 14.4 Such "temporary assigr�ments" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day. _ 15 _ . ARTICLE XV • RETI�I+TT • 15.1 All e�nployees shnll retire Prom employment with the EI�LOYER � no leter than the last calendar day of tt�e month in which an employee becomes sixty-five (65) years old. - 16 =• �AItTICI�E 7CVI - IiOLIDAY3 16.1 The folloxing nine (9) days shall be desi�ated as holidays: . Nc�► Year's Day, Jenuary 1 Yresident's Day, Third Monday in February • Me�orial Day, last Monday in Mey Independence Day, July b � - � � Lebor Day, first Monday in September Columbus Day,� second Monday in October Veteran's Day, November 11 � Thanksgiving Day, fourth Thursday in Nove�ber Christmes Day, December 25 16.2 When NeW Year's Day, Independence Day or Christmas Day falls on a Sunday, the follrnring Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shell be considered the designated holiday. 16.3 The nine f9) holidays shall be considered non-work days. 16.�+ If, in the �ud�nent of the EMPIAYER, personnel are necessa�ry for operating or emergency reasons, employees may be scheduled or � "called back" in accordance irith Article 10 (CALL BACK). 16.5 Elmployees �orking on a designated holidey shall be compensated et the rate of tWO (2) times the basic hourly rate for all hours �rked. . - 17 - . ti � _ . . . r ' e ARTICI�E XVII - DISCIPLINAAY PROCEDt11�ES 17.1 The Et�LOYER shall have� the right to impose disciplinary actions oa e�ployees for �ust cause. 17.2 Disciplinery actions by the EI�L07�R shall include only th� following actions: . ' 17•21 Oral reprimand 17,22 Written reprimand 17.23 Suspension 17,2� Deffiotion 17.25 Discharge � 17.3 �ployees who are suspended, demoted, or discharged shall have the ' right to request that such actions be revie�red by the Civil Service CoIImmission or a designsted Board of Revier+. The Civil Service Co�►ission, or a designated Board of Revie`+, shall be the sole and exclusive mear.s of revieWing a suspension, demotion, or discharge. No eppeal of a suspension, demotion, or discharge shall be considered a "grievance" for the purpose of processing through the provisions _ of Article 23 (GRIEVANCE PROCEDUI2E�• � - 18 - . • . • ARTICLE XYIII - ABSENCES FRaM WOR1iC ' 18.1 bnployees who are unable to report Por their na�mal rrork day have �i the responsibility to notif�r thei r supervisor of such absence as soon as possible, but in no event later th � . an the beginning of such � wrk �ay, i � i • ; 18.2 Failure to make such notification may be grounds for discipline � j as prov�ded in Article 17 (DISCIPLINARy pgpC�;DQitEg)� 18.3 Failure to report for work without notification for three (3) consecutive normal �rork days may be considered a "quit" by the EMPiAYER on the part of the employee. - �9 - � . , . ' � . � - ' • ,�JIATICLE XIX - SEI�TIORITY � � � � 19.1 Seniority, for the purposes oP this AG�NT, shall be defined as 6 . i fO1101/S: � � 19.11 "Master Senfority" - �he length ot' continucus regular end probationary service `+•ith the EI�LOYER from tbe • lest date of employment in any and aIl class titles covered by this AG�'�:EMENP. � 19•12 "Class Seniority" - the length of continuous regu2ar and probationary service with the E1�LO�R from the date an employee was first appointed to a class title covered by thi s AGR'EEMENT. 19.2 Seniority shall no`. accumulate during an unpaid leave of absence, except �hen such a leave is granted for a period of less than thirty (30) calendar days; is granted because oP illness or in3ury; ia granted to sllow an employee to accept an eFpointment to the unclassified service of the Et�'IA�:R or to an elected or appointed fl�ll•time position �rith the UIQIOR. 19.3 Seniority shall terminate when en employee retires, resigns, or is discharged. 19.k In the event it is determined by the II�+�LOYER t:iat it is necessary to reduce the work force employees will be laid off by class ti.le within each Department based on inverse length of "Class Seniority." Employees laid off shall have the right to reinstatement in any lower-peid c18Es title, provided, employee has greater "Master Seniority" than the employee being repleced. 19•5 The selection oF vacation periods shall be made by class title bssed oa length of "Class Seniority", sub�ect to the approval of the E[�+�LOYER. Y � � � ARTICIE 7IX - JURISDICTION 2p,1 Disputes concerning w�ork jurisdiction betxeen and en�ng unions is reco�nized as en appropriate sub�ect for determination by the verious unions representing employees oP the EMPLOYIIt. ; I' 2p,2 The F�fpypYER agrees to be guided in the assignme�it of work �urisdiction . ; by any mutual agreements between the unions involved. I - � � � 20,3 In the event of a dispute concerning the performance or assigrnnent o � taurk, the unions involved and the EN�IAYER shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shell restrict the right of the EI�IAYER to accomplish the work as originally assigaed ' pending resolution of the dispute or to restrict the II�LOI'ER's basic right to assign work. 2p.4 pny employee ref�.ising to perform work assigned by the F�I�+II'LOYER and as clarified by Sections 20.2 and 20.3 above shall be sub3ect to disciplinary action as provided in Article 17 (DISCIPLINARY PROCEDU1�ES�• 20,5 There shall be no work stappage, s1oW down, or any disruption of rrork . resulting from a Work assignment. - 21 - . • � pRTICLE 7IXI - SEPARATIOA 21,1 E�nployees heving s probationary or regular e�aployment status shall be considered separated from employment based on the follawin8 actions: � 21,11 Resi�nation. �mployees resigning from employment shall give rrritten notice fourteen (l�+) cale��dar days prior to the effective date of the resignstion. � 21.12 Retirement. As provided in Article 15• �,13 Dischar e. As provided in Article 17. � ti,,14 Yailure to Report for Duty. As provided in Article 18. 21,2 Employees having an emergen^y, temporary, or provisional employmeat status may be terminated at the discretion of the II�IAYER bePore the completion of a normel work day. . . � � . � � , . � � , ' ARTICIE JDCIII - G:tIEVANCE PR� ; 23.1 The EN�'I,pYER shall recognize Stew�rds selected in eccordance tirith tT19IpR i rules and reguletions as the grievance representative of the bar ain 6 �8 unit, The UNION shall notii� the EMPZpyEA in �rriting of the nemes oP the Stewards and of their successors when so Aamed. f 23.2 It is reco�ized end accepted by the II�IAYER and the UDTION that the • processing oP grievances as hereinafter pro�•ided is limited by the �ob duties and responsibilities of the employees and shnil therePore bc accomplished during working hours on�y when consistent with such • employee duties and responsibilities. The Steward involved and a grievi:�g employee shall suffer no loss in pay when a grievence is pro- cessed during w�orking hours, provided, the Steward and the ea�ployee have notified and recei�:ed the approval oP their supervisor to be absent to pzbcess e grievance and that such absence Would not be detrimental to the work programs oF the Ei�?AYER� 23•3 The procedure estabZished by this ARTICIE shell be the sole and exclusive procedure, except for the appeal of disciplinary action es provided by 17.3, for the processing of grievances, xhich are defined as an alleged violetion of the terms and conditions of this AG�NT. 23•� Grievances shall be resolved in conformance with the following procedure: Ste� 1. IIpon the occurence of an alle�ed violation of this AGRF�MENT, the employee involved shell attempt to � resolve the matter on an informal basis with the � � • 24 - � j. � � , ARTICIE XXIII - GRIEVANGE PRpCIDU� (CONTSNUID) . � . � • , - � > � employee's supervisor. IP the matter is not resolved to tbe employce's satisfaction by the informal discussion � 'it may be reduced to writing and referred to Step 2 by i � the tJN10N. The written grievance shall set Porth the nature of the grievance, the facts on Which it is based, the alleged section(s) of the AG�EMENT violated , and ; the relief requested. Any alleged violation oP the ; AGR'EEMENT not reduced to writing by the UIJION �rithin � seven (7) calendar deys of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence oP the event giving :ise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance e designated EI�T,pyER supervisor shall meet with the tTrTION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance � remains unresolved, the EI�ff'IAYER shall reply in writing to the UNION within three (3) calendar daqs following this meeting. The UNION may refer the grievance in �riting to �Step 3 within seven (7) calendar days follawing receipt ot the EMpLOYER's Written enswer. Any grievance not referred in xriting by the TJIVION within seven (7) calendar days following receipt oP the EMPIAYER'g ansxer shall be considered waived. - 25 :• . I ' � �� • . , . , � � ' ARTICLE JQCIII - CRIEVANCE PROCEDURE (C019TINUED� � ' - , Step 3. Within seven (7) celendar days following receipt of a � grievance referred from Step 2 s designeted EMPI,p7tER � • supervisor sha12 meet with the UNION Business Manager � or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days folloaing this.meeting the EI�I,pyER shall reply in wrfting to the tTNION stating the II�LpyER�S enswer concerning the grievaace. IP, as a result of the Written ' response the grievance remains unresolved, the tTNION mey refer the grievence to Step k. Any gr�vance not referred to in writing by the UIQIOIP to Step 4 within seven (7) calendar days following receipt of the EN�'LOYER'S answer shell be considered waived. Step 4, If the grievence remains unresolved, the URIO:V may • �rithin seven (7) calendar days after the response oP the E?�LOYER in Step 3, by written notice to the II�LOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by aa arbitrator to be select�d by mutual egreement oP the F,'N�LpyER and the UIJION within seven (7) calendar days ePter notice has been given. IP the parties � fail to mutually agree upon an arbftrator within the said seven (7) day period, either perty may request the Public �nployment Relation Board to submit a � � � . . + . ARTICLE IOCIII - GRIEYANCE PROCEDUFtE (CONTINUED� . panel of five (5� arbitrators, Both the EN�7AYEft • and the UNTON shall have the right to strike t�ro (2� names from the panel. The tTNION shall strike the first (lst} name; the II�'IAYER shall then strike one (1) name. The process will be repeated . and the remaining person shall be the erbitrator. 23•5 The arbitrator shall have no right to amend, madi�r, nullify, � ignore, add to, or subtract from the provisions of this AGREEMEP]T. The arbitrator shall consider and decide only the specific issue submitted in writing by the EI�IAYER end the U1'9ION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsisteat with or �odifying or varying in any uTay the application of laws, rules, or regulations having the Porce and effect of law. The erbitrator's decision shall be submitted in vrriting within thirty (3} days following close of the hearing or the submission of briefs by the parties, Whichever be later, unless . the parties agree to en extension. The decision shall be based selely on the erbitrator`s interpretation or application of the � express terms oP this AGFtEEMENT and to the facts of the grievence . presented. The decision of the erbitrator shall be finsl and binding on the E1�+�LOYER, the UNION, and the employees. � � _ � I - ARTICLE 7IXIII - GRIEYANCE PROCEDURE (CONTI24UED) i 23.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equelly by the EI�IAYER and the UI�TION, provided that each party shall be responsible for compensating its own representative • • and �itnesses. 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. 23.7 The.time limits in eech step of this procedure may be extended by mutual agreement of the EN�IAYER and the UNZOA. ,. . - 28 - � . • . , ' ARTICLE 7IXN - RIG�iT OF SUBCONTRACT ' 24.1 The F�LOYER may, et any time during the duration of this AGR�MENT, contract our rrork done by the employees covered by this AGREII+�NT. In the event that such contracting Would result in a reduction oP the work force covered by this AG�NT, the EMPIAYER shell give the t1NI0N a ninety (90� calendar day notice of the intention to sub-contrect. 2k,2 The sub-contracting of work done by the employees covered by tYiis AGRF•F�NT shall in all cases be mede only to employers who qualify in accordance with Ordinance No. 14013. � • 29 - . . � . ARTICLE ?ON - I�N•DZSCRD�QNATIOIt 25•1 The terms and conditions of this AGFtEEMENT will be applied �to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, or because of inembershfp or non-membership in the UNION. 25.2 Employees will perform their duties and responsibilities in � a non-discriminatory manner as such duties and responsibilities involve other �mployees and the general public. � _ � _ . , 1 : _ . . . � � � ' i • � . � • �CLC+ Mrl � Si�'l+iW�1Li11 � . , 26.1 In the event that any provision(s) oP this AG1�ME1�T is declared � to be contrary to laW by pmper legis2ative, administrative, or �udiciel authority from whose finding, determination, or decree no eppeal is taken, such provision(s) shall be voided. Al1 ott�er . provisions shall cr�ntinue in flill force and effeet. � 26.2 'i'he parties egree to, upon xritten notice, enter into negotiations � to place the voided provisions of the AGREF.MENT in complinence . �aith the legislative, ndministrative, or 3udicial determination. _ � _ . . � . �, , . � , ARTICLE 7QCVII - WAIVER 27.1 The E1�IAYER and the tJNION acknrn+ledge that during the meeting and negotiating which resulted in this AGR�MEI9T, each yad the right and opportunity to make proposals tirith respect to any sub�ect concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fl,illy and completel� set forth in thi s AGREF.[�1aT. 27.2 Therefore, the II�IAYER end the IIIJION for the duration of this AG��1QT agree that the other psry shall not be obligated to meet end negotiate over any term or conditions of employment Whether specifically covered or not specifically covered by this AG�E2��IQT. The i]I�7ION end EI�g':AYER may, ho�ever, mutually agree to modi�r eny provision of this AG��NT. 27.3 Any and el1 prior ordinances, agreements, resolutions� practices� policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent �rith this AG�I�tT, are hereby superseded. . � � . i �� . � � : . . � - ARTICIE 7IXIX - NQIEAGE - INDEPENDENT SGEi00L DISTRICT �625 ; 29.1 �aployees of the School District under policy sdopted by the Board of Dducation may be reimbursed for the use oP their auto- mobiles for school business. To be eligible for such reimbursement, , employees must receive authorization from the District Mileage Comm�ittee utilizing one oY the follawing plans: . • • P_ is reimbursed at the rete of 15¢ per mile. Ir. addition, a maximum amount xhich can be paid per month is establis'r.ed by en estimate flxrnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount can be the eaperience of enother working fn the same or similar position, Under this plan, it is necessary for the employee �to ', keep a record of' each trip made. ' PI,AN "C" provides for reimbursement based on a per month��lu�p sum" amount. This amoun� is determined by the employee's driving experience under Plan "A" for a period of 3 to 6 months. Those employees receivir.g an anto sllowance i:nder this plan must report mor.thly the number of days the car was evail- eble 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 holiday. _ 3k _ � ti � .� � . . i � . f � ' � ARTICLE �DOC - MTRATION Al� PIEDGE ' 30.1 This AGREEMENT shell become effective as oP the date oP � signing, except as specifically provided othen+ise in � Articles 12 end 13, end shall Pe�main in effect through the 3�th day oP April, 19?6,� end continue in effect f'rc�n year to year thereafter unless notice to change or to terminate is given iri the manner provided in 2,"�%2. 30.2 If either party desires to terminate or modi�r this AGREEMENT, effective as of the date of expiration, the perty wishing to modify or terminate the AGAEEMENT shall give written notice to the other psrty, not more than ninety (90) or less than sixty (60) celender days prior to the expiration dete, provided, thet the AGREEI��NT aay only be so tenninated or modified effective as of the expiration date. . 3�•3 In consideration of the terms and conditions of employment established by this AG�EMENT end the recognition that the . GRIEVANCE PROC�DURE herein established is the means by which grievances concerning its application or interpretation may be peacefli113• resolved, the parties hereby pledge that during the term oP the AGREEMEI9T; � . 30.31 The U1�ION and the employees x3i1 not engage . in, instigete, or condone any concerted action in Which employees fail to report for duty, �rillflilly absent the�mselves from work, stop �ork, s1oW down their �rork, or absent themselves in y t � 35' - - . . �t�cr� �ac - nvRnTio� a� �r:IDCg (co�riper�n) . , . in whole or part from the full, faithPul performance of their duties of employment. 3�•32 T!':e II�Lp7�ft will not engage in, instigate, ' or condone any lock-out of employees. 3�•33 This constitutes a tentative ag.reement between the parties which will be reccm�mended by the City Negotiator, but is sub�ect to the approval of the Administration of the City, the City Council and Independent School District No. 625, and is also sub�ect to ratification by the Association. AGREED to this 15 day of Sept., 19'75, and attested to as the f1i17, and co�aplete understanding of the parties for the period of time herein specified by the signature of the fo]lowing representative for the II�LO�R and the L�OP: WITI�SSES: CITY OF SAINT PAUL U19ITID SLATE ANID TILE A1� COMPOSITION ROOFEl3S, BAI� AI�ID WATERPROOF WORI�RS ASSOCIATION, LOCAL g6 -� . � � ,�- -� - BY IIL�✓ BY: �r..�% , .� c��-,�G City Negotiator Bi�siness Manager BY: BY: BY: BY: Civil Service Coa�ission BY: BY: Mayor BY: City Attorney BY: Independent School District No. 625 - 36 - •' : + ' APPEIQDDC A Tlie classes of positions recognized by the El�LOYER as being exclusively represented by the UAION are as follaws: Roofer - Foreman, Roofer, Apprentice; and other classes of positions that may be established by the E�Lp1�R where the duties and responsibilities assigned cames within the jurisdiction of the UNtON. - Al - . , • . ' • , APPF.I�DC C � The basic hourly wage rate Por provisional, regular and probationary employees appointed to the following classes of positions and not receiving the Fringe Benefits listed in Article 12.2 shall be: Effective Effective June 6. 1}75 October 1, 1q75 Roofer. . . . . . . . . . . . 8.21 8.21 Roofer Fore�eaa. . . . . . . . 8.93 8•93 The basic hourly wage for temporary and emergency employees appointed to the following classes of positions shall be: Effective Effective June 6, 1g75 October 1, 1975 Roofer. . . . . . . . . . . . 8.54 8.54 Roofer Fbreman. . . . . . . . 9•29 9•29 Apprentice 0 - 500 hours . . . . . . 66� of Roofer rate 501 - 1300 hours. . . . . 70'�0 of Roofer rate 1301 - 2100 hours . . . . 80°�, of Roofer rate 2101 - 2900 hours . . . . 85°,� of Roofer rate 2g01 - 3700 hours . . . . 90�, of Roofer rate 3701 - 4500 hours . . . . 95°� of Roofer rate The basic hourly wage rate for regular employees appainted to the following class of positions who are receiving the Fringe Benefits listed in Article 12.2 sha11 be: Effective EPfective June 6, 1975 October 1, 1975 Roofer. . . . . . . . . . . 7.48 7.7� - Cl - z , APPENDIX D Effective June 6, 1975, the EMPLOYER shall: (1) �ontribute $ .44 per hour for all hours worked by pgrticipating employees as defined in Ar�i.�les 12.3, 12.�+ and 12.5 covered by this AGREEMEIPr, to a UNION designated �elfare Fund. (2) contribute $ .25 per hour for all hours worked by perticipating employees as defined in Articles 12.3, 12.� and 12.5 covered by this AGREEMENT, to e Pension �l.ind. (3) contribute $ .55 per hour from which payroll deduction has been made for alI hours warked by psrticipating employees as defined in Articles 12.3, 12.�� and 12.5 covered by this AGREEMENf , to e Vacation Fund. (�) contribute $ .03 per hour for all hours worked by participeting employees as defined in Articles 12.3, 12.� and 12.5 c.overed by this AGREEMEIV'T, to a A�prenticeship Training �and. Effe��tive O�tober 1, 197�, the F�IPIAYER shall: (I) contribute $ .64 per hour fcr all hours worked by participatin� employees as defi��d in Articles 12.3, 12.4 and 12.5 covered �y thi�: :�,:;.;��;.�,,�,,,,�Y, to a UIdION designated Welfere F1uid. (2) contribute $ .25 per hour for sll hours worked by participating employees as defined in Articles 12.3, 12.� and i2.5 covered by this AGREEM.ENT, ta a Pension F1ufd. (3} contribute $ .65 per hour from whic;: payroll deduction has been made for aIl hours worked by- participating employees as defined in Articles 12,3, 12,4 and 12.5 covered by this AGREII�N"I', to a Vacation Flind. - Dl - _— . ` C�. �o . �5�ad 1 � (U� contribute $ .03 pen c�ur fcr ell hours worked by perticipating employees as defined ir. Ar�i^le� 12.3, I2.4 and 12,5 covered by this AGREEMENT, to a Apprenticeship Training Fund. All contributions made in accordance with this pppendix shall be forwarded to deposi.tories as directed by the UDTION. The EMPLOYER shsll establish Wori�ar,'s G4mpensation and Unemployment Compensat;ion programs as required by Minnesota Statutes. Pari;icipating employees as defined in Articles 12.3, 12.�+ and 12.5 covered by this AGREENlENT, sha1Z not be eligible for, geverned by, or accumulate vacation, sick leave, holiday, flineral l.eave, ;;ury duty, or insurance fringe benefits that are or m�y be established by personnel R��les, Cauncil Ordinance, or Council Resolutions. The EMPLOYER'S fringe benefit obligation to participating employees a� defined ir. Articles 12.3, 12.�+ and 12.; is lit�ited to the contributions and!or deductions establi.shed by this AGREF�NT. The actual level of benefits grovided to employees shall be the resgonsibility of the Trustees of the various funds to which the El�I,OYER has forwerded contributions and�or deductions. - D� - ► � � �� c�c�� Do nnt detach this memorandum from the ordic�nc� so►,that �his information will be � ava� to the City Council. �G66�$65 ,� REPORT TO THE HONORA�LE LAWRENCE D. GOHEN, MaYOR FROM: Thpmas J. Kelley, Gity Administrat��\�� '^' DAT E: Septeaber 2�, 1975 REGARDING: Thi�e ordi�ce apprc�v�es the 1975 �a�iateasnee Lslaor llgreeaent �It'�CEi'! the City, 3ch�1 �istrict aad the �oefer's ?�ca1 ao,96. The segotiated xage rate is based on the cv.tside �auics rate. l'� / �� . �,r ` SOUR CE: Perac�nel Office ACTION REQjJE�TED: I receamend yo�r approya►]. and s�bmisaic�a of this Ordinagce tm the City Ccran�il. ATTACHMENTS: 0rdinanc� a�ad �r� for Cit�r Clerk and ccrp�r �f Mai.steaance I�bor Agreaaent. • b 1$t► � /�' .�l.�� ' "`�d /J - �� f v_ �d f/-�� Adopted � Yeas N�}rs CHItIS�T1SEN HOZZA ��v� 2F6�'65 ROEDLER v SYLVESTER TEDESCO PRESmENT (HUNT)