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266397 � t WHITE - CITV CLERK � t ^����t� C NARY - DE A�TMENT � CO11IIC11 l ` - BLUE �- MAVOR GITY OF SAINT PALIL File NO. ~i ! rdin�nce Ordinance N 0. ` �7��� Presented By Referred To Committee: Date Out of Committee By Date An administrative ordinance approving the terms and conditions of a 1975 Maintena.nce Labor Agreement between the City oP Saint Paul and the International Srotherhood of Boilermaker�s, ?ron Shipbuilders� Black- saaith, Forgers and Helpers, I,odge 647. Wf�REAS, the Council pursaant to the provision� mf Section 12.09 of the Saint Paul City Charter and the Public �ploym�nt Labar Relations Act of 1q71, as amended, recognizes that for the pu�rpmse of ineeting and negotiating the term� and conditions of e�ployment, the Internatio�al Brotherhood of Boilermakers, Iron Shipbuilders, Black$mith, Forgers and Helpera� Lodge 647 is the exclusiv� repreaentative for City �aplayees falling within the unit as certified by the Bureau of,Mediaticn Services under C$se No. 74-PR-60 A; and WH�REAS, the City through deeignated representative� and the exclueive representative for the bargaining unit have met in good faith, negotiated conditions and term�e of �mployment for the year through April 30, 1976, for such personnel as are set Porth in the agreement betwcen the City and the _ exelnsive representativ'e, no�r, therefore, TI� OOUNCIL OF TF� CITY OF 3AIlVT PAUL DOFS ORDAIld: Section l. That the agreement �reated as of the ePfective date of this ordinance bet�reen the City of Saiut Pa.ul and the,International Bsother- hood of Boilermakers, Iron Shipbuilders, Blacka�nith� �'or�ers and Helpers, Lodge 647 on file in the offiee of the City Clerk is hereby approved and the authorized si.dministrative offieisls of �the City axe hereby authorized and direeted to exeeute said agreement on behalf of the City. -1- COUIVCILMEN Yeas Nays Requested by Department of: Christensen Fersonnel �, Hozza In Favor Levine Roedler Against BY Sylvester Tedesco President Hunt Form A �ved y Cit � torney Adopted by Council: Date . Certified Passed by Council Secretary BY '�"�'"" By Approved by Mayor: Date Approved a mis o o cil By BY , __ � , WH17E - CITV CLERK � . PINK - FINANCE T� COIlIICIl CANARV - D.EPA�TMENT . GITY �OF SAINT PAUL File NO.�_�___'���� BLUE � MAYOR f O rGL in�nCe Ordinance N 0. ��°�J Presented By Referred To Committee: ' Date Out of Committee By Date Section 2. That the �age �chedule in the agreement sYia].1 take force and effect retroe.ctively to the dates set forth i.n the agreement and in accordance with the expressed intent of the agreement of this Cauncil contai.ned in Council File Number 2647�t$. Section 3. That any other ordinance� rale or re�ulation in force when said agreement takes effect inconaistent with ar�r provisions of the terms or conditions of eaid agr�ement is hereby repealed. Section �+. Th3s ordinanee �hall take effect snd be in force thirty (30) days after its pa.ssage, approval, and publieatiom. Approved: � `" �1C� Chairn�an ' Civil Service Commission COU[VCILMEN Requested by Department of: Yeas Nays Christensen � per8orinel � Hunt In Favor Levine Rcedler `� Against BY Sylvester Tedesco President� Hoz2a ' ABopted by Co . Date V�� � j 1975 Form Approved by iCity Attorney Certif' assed ncil retary BY By Approved by May . Date � 1975 Approved by Mayor for Submission to Council By By ' P�Sti� �o p C 2? 19'!5 - � � ' � •*•� :� � ` , . �ss�9� MAINTEHANCE LABOR AGREII�IENT 0 - between - THE CITY OF SAINT PAUL TI� INDEPENDENT SCHOOL DISTRICT ATO. 625 - and - INTERI�ATIONAL BR()`T'HERHOOD OF BOILERIMI'+KERS, IRON S1iIPBUILDERS, BLACttSN,ITHS, FORGERS AND HELPERS, LovGE 647 , _ _ _ ,__ __._. . _ _.�..._ .___,_._ ._. _. . _.. __ a � ;`k ' F . '�'� r ���a . �VV�V � ���.�+ TT�.x P�'•�i� Preamblt iii 1 I P�zrpase ,� y� Reeognitior� � YIZ �p�.c�yer Rights �� yy Un;on Rights � y - Scope of Agreement y� �'robation�:y Perio�s £� �I Fhilosoohy ef �playment enc� C�mge..�sation 8 yl�g Hours c�f k'ork . � � Overtitae �� g Ca13 Back � , �tork Locatian , ��sidency �� FI2 WBges 1`` ��� M:ir_ge Benefits l� Selec�ion of Fore�an snd G�:�rel rqre�a�n �� XT�t I.� ;�,T Retir�ent � H��ic3�ys �� �,�I �,tascipZinsr`� �''rocedures 1� z%� ;?�:�II Abser:�es F`ro� 'rlork �-� Ser.iorit� � � rTuri s�z�tia� �� �CZ S ep e ra tien , .; . � �7.L ic��'�s 2!, 7J�I�� �riev�r.ce p�°o�r�ur� . ^� �;jV ?�i��i cf Subccr,t.ac� � �y nor-Discr:.�ina�ion ��� ;�yg Se•.�er�bili�y � '� �'YZI 'w"�iver �`� �.��'��;. Cl�v 4i�1Q8�P ���� J� :Y.�L; �'i:1Q��*,e I.D.S. rr�2� '��+ � varati�sn and PleaF,s a� �ppe:�dix h . A�pend;.:� � A�ne.r_.c3ix � �:��pe;.dix � ;.i .,� , - R % � , - ���� � �es�9� PREAMBL�E � This AGREEMENT is entered into on day of , 1975, between the City of Saint Paul and the Independent School District No. 625, hereinafter referred to as the EMPLOYER and the International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, and Helpers, Lodge 647, hereinaftPr referred to as the UNION. The EMPLOYER and the UNION concur that this AGREEMENT has as its objective the pramotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effedtive labor-management cooperation. The EMPLOYER and the UNION both realize that this goal depends not only on the words in the AGREEMENT but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the City, the UNION, and the individual employees will best serve the needs of the general public. iii . � . i �. . -�`�; � � . . �66�9'7 • � • . ARTICLE I - F�3RPOSE . 1.1 The EMPLOYER and the TJNION egree thet the purpose for entering into thi s AGREFrMENT i s to: �• 1.11 Achieve orderly and peaceflzl relations, thereby establishing ajsystem of uninterrupted operations and the highest level of employee performance that � is consistent with the safety and well-being of all cancerned; � �' , 1.12 Set forth rates of pay, hours cf work, and other conditions of employment as have been agreed upon by the ENiF'IAYER and the tJIVION; 1.13 Establish procedures to orderly and peaceflilly resolve disputes as to the applicstion or interpretation oP this AG�E2��NT without loss of manpower productivity. 1.2 The F�NIl'IA�R and the UNION agree that this AGREEt�NT serves as a supplement to legislation that creates and direets the EI+"�LOYER. If any part of this AGREEN�NT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, egree to negotiate that part in conflict so that it conforms to the statute as provided by Article 26 (SEVEI�ABILIT7C). . _ 1 � ' � � . •. • � ��� • • � �``_� � 2f 6�'9'7� ARTICLE II - RECOGNI'TION 2.1 The EMPIAYER recognizes the Ulr'ZON 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 positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 74-PR-60-A dated August 8, 1973. r 2.2 The classes of positions recogmized as being exclusively represented by the UNION are as listed in Appendix A. � 2 _ � . ' ' � � . - � f', • , . . ;� , � .� • c66��'7 ARTICLE III - II�IAYER RIGHTS 3,1 The EMPLOYER retains the right to operate and manage all manpower, facilities, nnd equipment; to establish f�.inctions and programs; � . tc set and emend budgets; to determine the utilization of technology; to establish and modify the orgsni�ationsl structure; to select, direct, and determine the number of personnel: and to perform any inherent managerial f�uiction not specificelly limited ' by thi s AGREEt��NT. 3,2 Any "texin or condition of employment" not established by this . AGREEt�NT sha21 remain with the Et�'LO�R to eliminate, modify, or establish following written notification to the tJNION. � 3 . . � , . � t - , , .. ., � . � '` ' � � � c66�9'7 ARTICLE N - UNION RZGHTS � �,l The EMPIAYER shall deduct from tk�e wages of employees �ho authorize such a deduction in writing en amount necessery to cover monthly URION dues. Such monies deducted shall be remitted as directed by the UNION. . �+.11 The EN�IAYER shall not deduct dues from the wages oP employees •covered by this AGREEI�IPT' for any other � labor organization. �+.12 The iTl`TION shall indemniflf and save harmless the EMPIAYER from any and all claims or charges made � against the EMPIAYER as a result of the implem�ntation of this ARTIC7�E. � 1�.2 The UI?ION may designate or.e (1) employee from 'the bargaining unit to act as a Steward and shall inform the EMPLOYER in writing of such designation. Such employee shall have the rights and responsibilities as des±g�ated in Article 23 (GRIEVAriCE F'ROCIDURE). 4.3 Upon notification to a designated EMPLOYER supervisor, the Business . Manager of the UNION, or his designated representative shall be � pex�mitted to enter the facilities of the EMPIAiYER where employees covered by this AGREEMENT are working. . - �1 • • . _ _ __ _..__ . _ _.._-�---_.___ _ . I ' ,� , . . � �� � � , . :,` ; C66��� ARTICLE V - SCOPE OF TI� AGREEMENT 5.1 This AGRE�IENT establishes the "terms and conditions oP employment" defined by M.S. 179.63, Subd. 18 for all employees exclusively represented by the UNION. This AGREEI��NT shell supercede such , "terms and conditions of employment" established by Civil Service Rule, Council Ordiz,�nce, and Council Resolution. ' � " _ 5 _ � . . _...._�.�,�.�.r...., . __. ___._ , __..�,R w i , . . . � . ,� , . . � ARTICI.E VI - FROBATIO2iiARY PERIODS . �66t�.7 / �:,. , 6.1 All personnel, originally hired or rehired following separation, in ' a regular employment status shall serve a six (6) month's probatianary period during which time the employee's fitness and ability to perfor.n the class oP positions' duties end responsibilities shall be evaluated. (.11 At any time during the probati�onary period an . employee may be terminated at the discretion of the r EMPIAYER without appeal to the provisions of - Article 23 (GRIEVA2dCE PROCEDURE). . 6.12 An employee terminated during the probationary period . shall receive a written notice oP the reason(s) for such termination, a copy of which shall be sent to the iJNION. . � . 6.2 All personnel promoted to a higher class of positions shall serve e six (6) months' promotional probationary period during which time the employee`s fitness and ability to perform tre class of positions' duties and responsibilities shall be evaluated. (.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 tbe EMPLOYER without appeal to the provisions of Article 23 (GRIEVANCE PROCEDU�). 6.22 An employee demoted during the promotional . probationary period shall be returned to the � . employee's previously held class oP positions and ~ shall receive a e►ritten notice of the reesons for demotion, e cop�• of Which shell be sent to the IINIOR. � .. 6 - ���� � � � � c66�9'7 ARTICLE VII - PHIIASOPHY OF II�SPIAYMENT AND L�'ENSATION . 7,1 The EMPZOYER and the UNTON are in flall agreement that the philosop��y of employment and compensation shall be a "cash" hourly wage and "industry" fringe benefit system. .7�2 The g4pIAYER shall compensste employees for all hours worked at the basic hourly wage rate end hourly fringe benefit rate as found in Ai~ticles 12 (WAGES) and .13 (FRINGE BE:�EFITS)• 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this AGREE2�i'T; except those employees who have individuslly optioned to be "grandfathered" as provided by 12.2. � • - 7 - . y ,_ : - .;+� ; ARTICLE E'III - HOURS OF WORK �����ry � 8.1 The normal work day shall be ei;ht (8) consecutive hours per day,� excluding a th;rty (30) minute unpaid lunch period, between 7:00 a.m. und 5:3o p.m. 8.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 8.3 If, during the term of this AGREEMENT, it is necessary in t:�e FaiPIAYER'S judpnent to establish second and third shif`ts or a work week of other than Monday through Friday, the UPIION 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 consti�ued as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 8.5 Al1 employees shall be at the location designated by their supervisor, ready for work, at the establi.she� starting time ard shall remain at an assigned k�ork 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 ENlPLOYER as provided by Article 10 (CA,LL SACK). 8.7 Dnployees 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 notificatian has been given not to report for work prior to leaving home, or during the previous work day. _ 8 , . � ; ARTICLE DC - OYERTIME ~ • • '�,. ; ' , 9,1 All overtime compensated for by th� �IAYER must receive p������ . authorization from e designated EMPIAYER supervisor. No overtime . fa�ork claim xill. be honored for payment ar credit unless approved in advance, An overtime claim will not be honored, even though shown on the time card, unless the required advance epproval has been obtained. , 9,2 The overtime rate of one and one-half (12� the basic hourly rate � ahell be �paid for work performed under the following circumstances: 9,21 Time worked in excess of eight {8� hours in any one . normsl work day and � 9.22 Time worked on a sizth (6th) day following e norm�l taork week, 9•3 The overtime rate of two (2) times the basic hourly rate shall be paid for r�rork performed under the following circ•amstances: 9•31 . Time worked on a holiday as defined in Article 16 � (HOLIDAY'S); • 9•32 Ti.me worked on a seventh (7�:�) day following a � normal r�ork week; and • � 9�33 Ti.me worked in excess of twelve (12� consecutive Y�ours in a twenty-four (24) hour period, provided, that ell � "emergency" work required by "Acts of God" shall be • compensated st the rate of one and one-half (12�. 9.4 Fbr the purposes of calculating overtime compensation overtime hours �rorked shall not be "pyramided", compounded, or paid twice for the same hours worked. ' 9•5 Overtime hours w�orked es provfded by this ARTICLE shall be paid in cash. � � 9 � . .__ l � , � �66�9'7 ARTICLE X - CAS.L RACR 10.1 The EMPLOYER retains the right to cell back employees before an employee has started a nornnal work day or normal work week and � after an employee has completed e no�al work day or normal work �►eek. 10.2 �cployees called back shall receive a minimum of four (�� hours . pay at the basic hourly rate. � . 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9 (OVERTIME), when applicable, and sub3ect � to the minimum established by 10.2 above. 10.4 Employees called back four (�+) hours or less prior to their normal w�ork day shall complete the normal work day and be ccmpensated only for the overtime hours worked in accordance with Article 9 � (OVERTIME). . ti - 10 - " ' � � . � . � 266�9`7 "kl�'?'`ICLE n.�i - �r+iOR� I.C�ti.TI�IT F' `' .."Y' � .�':,7�liL,i:.. 11.I �playe�:s �h��l regort ta :rork :.JCb�ia:� e� assi�:ed by a de::icr:uted E?•�'�t?'_'�� su.�er::sor. �Jurir.�; Lhc norsa: work c3a;� err,��loyees ��y be ASGiEE:EC: 4C� Q��I4.'Z Y:�:.'�� Z.C�C:lal^:2S Qt ��2t" C��SCI'Ct'iC:1 of the Ft^1'i/��1`�• Il.? �ploye�s E:sigz:ed Lo ����3C .'�OC�3'��t>i S c:��ir.^ th� r.oraul s;ark deYs oL::�r th�r. theYr or3gi:�r�I cs�_�,::r.�c�:��, end a`r:o are rECluire� �o *`srnish �hsir �-.z;� trar.spc�rt�yicn shgZi �e ca�er.�ated �'ar mile�ge, :i:. : ��l e�i.'c�yces apLei.r.te�r� ai�e� ��t,4?r;; i, i3(�, Would be requir=.c'. ±.� CE.c.l_G:• .... �i° vi�y OI' i:r.'Z:lliL :F?u: Wli.�+�Si Q;ln ;yE.'.� U_° ;.:lE.'�T 3T��.`:.�.'l:i;.C'Ii�� �r:_ tIt�'y`:E:i�Le�" 'w���.3 be r����,:.ir��, ;.� rera�i�� k�::::. �ra Cit; ..i;;��*e �:. �.o:s� a� ;,rc�;; »ere c::_.lcyed �•;: -:::.. Ca.t;�' �A uai.;�_ rs�ui. '�'-.�* i.`ll:i a(..Jj��nr:�._� !'�CLl�.`_'�'�^.E'7�i� ..�".i3�i ��?D��r :.� �.:T�i�:.'�.o��=:�1PC onn��,yr.,�? ,,.. »eli ^:. ,-���::;fie� e:�.�_--;;e.^_�. .i.� .L�..,^�;�.:.:�... ..: ��:;- t-O::i:.i.,::::> 1'.. L.... :1:,, V` :i•.,:_ii. FEi?..� ::l..i .U:. GE' i. `11:1.Z:"� . (.'.�'. i.i.�' C....L� Ci.a :�..11.... ..r"t:ti.�• .... �;F" :es:�en'}..� Y. 1 ii.:' Y::�.t}'G�e�.'s i3:�in� :"v ^�E't i.f1^ I• :.iCi°n::;� _ : _:F:.'..��;1=. 17_�i r:;L�' .,.:0,�:'_�:i. ':U �P.Z"i�'.:...3��G;. �?:. 3 i`.:?'1.Fr;' ;T`C�...... :,�';3i;. G� E:::�i.t-i��.:;ti:�:: :.O G�'�ciT::'ir•2 w:,.:t��"E'Z' j.:iv =°Sla°_:1�'�r ic�.:tL.=�t'....:^}� `n'c'1° ��_'�. � 11 — �,66�9�1 ARTICLE XII - WAGES 12.1 The basic hourly wage rates as established by Apgendix C shall be paid for all hours worked by an anployee. 12.2 �mployees who are covered by the fringe benefits listed belaw shall continue to be covered by such benefits. '�hey shall be sub3ect to all other provisions of the AGREF�'NT, but shall not have hourly t5ringe benefit contributions and�or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS). 12.21 Insurance benefits as established by City of St. Paul Resolutions. 12.22 Sick Leave as established by Ordinance No. 3250, Section 35, Subdivision E. 12.23 Vacation as established by Ordinance No. 6�+�+6, Section 1, Subdivision F. 12.2k Nine (9) legal holidays as established by Ordinance No. 6446, Section 1, Subdivision G. 12.25 Severence benefits as established by Ordinance No. 11490. - 12 - � ', , ' �4 ' � �6s��� ARTICLE XII - WAGES - continued 12.3 Regular employees not covered by the t�inge beneFits listed in Article 12.2 shall be considered, for the purposes of this AGREENIENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and�or deduetions taade on their behalf as provided for by Article 13 (FRINGE BENEFITS). 12.4 Provisional, temporary, and emergency emplayees shall be considered, fcr the purposes of this AGREII�TTT, participating employees and shall be com- pensa.ted in acco:dance with Article 12.1 (WAGES) and have f�inge benefit contributions and�or deductions made in their behalf as provided for by Article 13 (FRINGE BENEFITS). 12.5 All regular enYployees employed after February 15, 1974, shall be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and�or deductions made on their behalf as provided for by Article 13 (FRINGE BENE�'ITS). • - 13 - . Y � � � ��� xz�� - ��� BE�� �66�9'7 13.1 The EMPLOYER shall make contributions on behalY of end�or make deductions from the xages of employees covered by this � AGREEMENT in accordance `rith Appendix D for al� hours worked. � v � . � 1�1 • . . , . , _ ,:.__�. __...... . . ._..__..,- . � � . pRTICI,E XIV - SELECTION OF FORE'MAN AND GENERAL FOREMAN �V��J� 14.1 The selection of personnel for the class of position Foreman shall remain solely with the EMPLOYER. 14.2 The class of position Foreman shall be filled by employees of the bargaining unit on a "temporary assignment". 14.3 All "temporary assignments" shall be made only at the direc�ion of a designated II�IPLOYER supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day. - 15 - _ , , , .. .. ..... .... W � � � • -: , . ' �� . . t , , ARTICLE XV - RETIREMENT . �s`j`�9 ` 15•1 �1 �Ployees shall retire from employment with the EMPLOYER no later than the last calendar day of the month in which an � ; employee becomes sixty-five (65) yesrs o2d. ' � r - 16 = . ' i ' � ' � . � -;� • , ARTICLE XVI - HOLIDAYS �G�U t�'.7 ( 16.1 The folloxing nine (9) days shall be designated as holidays: . Hex Year's Day, January 1 President's Day, Third Monday in February . Memorial Day, lest MQnday in May Independence Day, July k ' � Lebor Day, first Monday in September Columbus Day, second Monday in October ,. Veteran's Day, Nvvember 11 • • Thanksgiving Day, fourth Thursday in Nove�ber Christmas Day, December 25 16.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the follo�ing�Monday shall be considered the designated holiday. Wnen any of these three {3) holidays falls on a 5aturday, the preceding Friday shall be considered the designated holiday. 16.3 The nine (9) holidays shall be considered 7on-work days. 16.� If, in the 3ud�anent of the E2�IAYER, personnel are necessary for operating or emergency reasons, employees may be scheduled or • � "called back" in eccordance with Article 10 �CALL BACR}. 16.5 �ployees werking on a designated holiday shall be compensated at the rate of tWO (2) times the basic hourly rate for all hours Worked. _ 17 ,. � . � • • r . ' � - � �. � � �- � �66�9`7 . ARTICLE XVIZ - DISCIPLINARY PROCEDUF�F'.S . 17.1 The EMPLOYER shall have the right to impose disciplinary actions on employees for �ust cause. 17•2 Disciplinary actions by the EI�LOYER shall include only the following actions: 17.21 Oral reprimand . 17.22 Written reprimand '� . 17.23 Suspension 17:2k Demotion 17.25 Discharge . 17,3 E�nployees who are suspended, demoted, or discharged shall have the right to request that� such actions be revieked by the Civil Service Commission or a designated Board of Review. The Civil Service Coaaaission, or a designated Board of Review, shall be the sole and exclusive mear.s of revieyring a suspension, demotion, or discharge. No appeal of a suspension, demotion, or discharge shall be considered a "grievance" for the purpose of processing through the provi'sions of Article 23 (GRIEVAATCE PROCF.DURE�• - 18 - '. . � . i . . . �66�9'7 ARTICLE XYIII - ABSENCES FROM WORK . 18.1 F�nployees who are unable to report for their nozinal �rork day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the begirining of such . tirork day. � 18.2 Failure to make such notification may be grounds for discipline as provided in Article l7 (UISCIPLINARY PROG'IDURES). , 18.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a "quit" by the EMPIAYER on the part of the employee. - l9 - . . , . . . . �,�...