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266625 WH17E - CITY CLERK �� PINK - FINANGE GITY OF SAINT PAUL Council CANARV - DEPARTMENT BLUE � -Mqy� . Flle NO. • n (� . r n�nce Ordinance N 0. ��`"9��7 Presented By Referred To Committee: Date Out of Committee By Date An administrative ordinance approving the terms and conditions of a 1 g75 Maintenance Labor Agreement between the City of 5aint Paul, Independent School District No. 625, and the Operative Plasterers and Cement Masons International Association, Local No. 20. WHEREA5, the Council pursuant to the provisions of Section 12. 09 of the Saint Paul City Charter arid the Public Employment Labor Relations Act of 1971, as amended, recognizes that for the purpose of ineeting and negotia- ting the terms and conditions of employment, the Operative Plasterers and Cement Masons International Association, Local 20, is the exclusive repre- sentative for City employees falling within the uriit as certi.fied by the Bureau of Mediation Services under Case No, 73-PR-476-A; and WHEREAS, the City through designated representatives and the exclusive representativ�e for the Bargaining Unit have met in good faith, negotiated conditions and terms of employment for the year through April 30, 1976, for such personnel as are set forth i.n the Agreement between the City, Independ�.t School District No. 625, and the exclusive representative; now, therefore, THE COUNCIL OF THE CITY OF 5AINT PAUL DOES ORDAIN: Section 1. That the agreement created as of the effective date of this ordinance, between the City of Saint Paul, Zn.dependent School District No. 625, and the Operative Plasterers and Cement Masons International Associa- tion, Local No. 20, on file in the office of the City Clerk, is hereby approved, and the authorized admi.nistrative officials of the Gity are hereby authorized and directed to execute said agreement on behalf of the City. _ 1 _ COUNCILMEN Requested by Department of: Yeas Nays Christensen � !� Hunt In Favor Levine Rcedler _� Against BY Sylvester Tedesco President Hozza Adopted by ncil: Date FfS 3 �gj(� Form Approved by City Attorney Certif' Pa y C ncil Se�retar BY Y Approv a o • te Approved by Mayor for Submission to Council By By pUBt ED F . a . ; ' ; 0d �at ��Aeh lh1� m�mor�ndum �l�01� ��l� 1��?�f� � �= orc�inance so� that this informatton wilt �e Q� ol, 1�,�� a�aitabie to the City Ct�uuncii.� EXF�,A►1`�1'A,'T' t�T+� '�►T' �MI�I��RAT V� Q�t�E�RS, . R�SQLUT�t��'�iS ANU C7�t I�xN.AN�C�S . ��t�s December 29, 1975 T4: '�'�MAS J. K�I,�L�Y, CIT Y ADMINIS'TRA'�D�t `_ FR; : Thoma$ D, GleaBOn, Director of Perso�x�.al ` �tEc Ordiaaace appr�ving the 1975 Labor Agr�emeat between �ie C�ty of at, Pa�., . Iudepende�at School Di�'trict No. 625, and the Plastereref Local No, 20. � � .- ACT�QN �� VEaTEJI: APPraval af thc Mayor and City Co�ara.cil. � R�'CaS� I) �t�'��TUN�#.I.�� FOR �ki�S.AC�'�C?�: T�s �rdisance approv�s the 19?5 Labor' Agr�em�nt bet�+ae�a the City of St. Pau,l, Igcltpemd��t ��ehool Dist�rict No. 625, aad th� P}�,$�.ere�s� Local No. 20, Thc new rates a�e based on �ta ov.tside Uaion rates,, �� : � �� °� � ..Pl►�'TAG�M��+tTS: , ;.. , Orcli.aa�sce with c+a�y for the ��,ty Cler� a�ar1 1975 La.bQr lwiaiante�anc�r Agre+� . � ' ' . with the 4perative �1a�t+erere and C�m+ar�t �a�s�s Iatarnation�l A�sociati a.� Local 2�. _ . . .. . 4'� ,��b/Y�?.kI j . . �. . . . . . . . � . - � � � �. .� �. ho `a� . a +ey, ity dm�ni��r�tcax. . _; � � : _� �r� - r�o � l��9 �4 � � ��.,,�'� MAI�TENAI�TC� LABOR A��T - between - CITY OF SAIIqT PAUL, A$D 3'HE I1qUEPEI�DEI9T SCH04L DISTRICT N0. 625 - snd - OPE&ATIV� PLAS�FtERS A�ID C�T 1�AS019S I[�ER�ATIOI�AL ASSOCIATIO� IACAI, 20 : r, ' � ��i ARTZCLE T�TLE P1��,�� Preemble � . - iii � Purpose I TZ Recognition Q III Dnolayer Rights 3 � Unaon Rights 4 Y � Scope of Agreement 5 YI P:robationary Periods 6 VII n`nilosophy of E�ployment 8nd Campensation 7 YITZ Hours of Work � $ IX Overtime 9 X �a21 Bae�c � 10 �Z . Work Iaca�ion - Residency 3�. �� ideges ,g,2 �C�I� �'ringe Eenefits �� x�V Se�ection oi Foreman and General Foreaan 15 XV Retirement a{ � golidays 1? �TI Disciplinary Procedures I$ �1'III Absences Fro� Work 19 XI7i Seniority � 7IX �urisdiction � X3CI Sepe ration � XXII T:o?s ' 2? XXI�I Grf.eva*�ce A-ocedure �i� ?X�V Right of Subcontzact �9 XXY fion-Liscrinir.ation � � �1r'I S�ver�biYity �g XXVZI Weiver ' 32 �CVIII Cit�r t;ileage Plaa �� biileage I.D.S. 7r��5 �i� XX1C Iluration and Pledge 3� APpendiz A - - AFpend�x A A�Fend.ix C • �lppenc!ix D fi � � . ' � � ��.�j � R E A M B L E This AGREEMENT is entered into on /7 day of ,(�G e , 1975, between the City of Saint Paul and the Indegendent School District AIo. 625 here- inafter referred to as the EMpypyER and the Operative Plasterers and Cement Masons Internationai Association Local 20 hereinafter referred to as the UNION. The EMpLpyER and the UNION concur that this AGREF�MENT �as as its ob�ective the pro�notion of the responsibilitiea of the City of Saint Pa,nl for the benefit of the general public through effective labor-mansgement cooperation. The EMpLpyER and the UAION 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. Constructine attitudes of the City, the UNION, and the individual employees will best serve the needs of the general public. iii . .� � _ � �� ARTIC'LE I rVi1CW� "o� l.l The EI�LOYER end the IJNION egree that the purpose for entering into this AGREEMENr is to: �� 1.11 Achieve orderly end peaceflil reZations, thereby establishing a system of uninterrupted operations and the highest level of employee performance thet - is consistent with the safety and well-being of all concerned; 1.12 Set forth rates of pay, hours cf work, and other conditions of employment as have been egreed upon by the EI�IAYER and the tJNI0I4; 1.13 Establish procedures to orderly end peaceflilly resolve disputes as to the applicstion or interpretation of this AGR�2�NT without loss of manpower productivity. 1.2 The EMPLO�R and the UIVION agree that this AG��NT serves as a supplement to legislation that creates end directs the EN�LpYER. If any part of this AGREEMEIPT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so thet it conforms to the statute es provided by Article 26 (SEVEI�ABILITY). • 1 • � I . , .. , � ��s�� ARTICLE II - RECOGNITION " 2.1 The E1�IPLOYER recogni2es the UNION 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. 73-PR-476-A dated April 13, 1973• 2.2 The classes of positions recoznized as being exclusively represented by the UNION are as listed in Appendix A. -2- � ' � � - � �� ARTICIE III - EMPI,pyER RIGHTS " 3•1 The II�'LOYER retains the right to operate and manage all manpower, facilitfes, and equipment; to establish flanctions and progrems; to set and amend budgets; to determine the utilization oP technology; to establish and modify the organizational structure; to select, direct, and detennine the number of personnel: and to perform any inherent managerial f�.inction not specifically limited ' by this AG�� 3•2 �Y ~term or condition of employment" not estsblished by this AGREFI�IYT shall remain with the EMpI,pYER to elininate, modify, or establish following written notification to the UNION. - 3 - ti ti ' ' . ARTICLE IV - UNION RIGHTS . �+'1 The II�'LOYER shell deduct from the wages of employees who authorize such e deduction in writing an amount necessary to cover moathly UAION dues. Such monies deducted shall be remitt�d as d�rected by the UNION. �+'u The E�LOYER shall not deduct dues from the wages � of employees -covered by this AGREEIu�I'P� Por any vther labor organization. �•� T�e �ON shall indemni� end save harmZess the EI�LOYER Prom any and ell claims or charges made against the EMPI,pyER as e result of the implem��tation of this ARTICLE, �+•2 The UI?ION may designete or.e (1) employee from the bargaining unit to act as e Steward end shall inform the EMpI,pyER in writing oP such designation. Such employee shall have the rights an� ; ;�ronsibilities as designated in Article 23 (GRIEVpPTC1, pRp�,•� ` �+•3 Upon notf fication to � ��-� ' - ~�'��ER suPervisor, the Business Manager o*' " � ur his desi gnated repr�s��tative shall be -�1 to enter the facilities of the EMpI,pyF�t Where ea�loyees covered by this AGREEI�NT are working. - b - � V .. . � � ��'�� .ti� ARTICLE Y - SCOPE OF Tf� AGREII�NT ' 5.1 This AGREx'..NIEI� establishes the "terms and conditions oP employment" defined by M.S. 179.63, Subd. 18 for all employees exclusively represented by the tJNION. This AGREEMENT shall supercede such . "terms and conditions of employment" established by Civil Service Rule, Council Ordiilance, and Council Resolution. � ; . ; _ 5 .. � � ' ARTICLE VI - PROBATIONAHY PERIODS �� 6,1 All personnel, originelly hired or rehired following separation, in � a regular employment status shall serve e sia (6) month's probetionery pe�riod during Which time the employee's fitness and ability to perfor.n th�e class of positions' duties and responsibilities shall be evaluated. 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 (GRZEVAI�CE PROCEDURE). . 6•:L2 An employee terminated during the probationary period shell receive a written notice oP the reason(s) for such terminstion, e copy of which sha11 be sent to the T3NION. 6.2 All personnel promoted to a higher class of positions sha12 serve a six (6) months' promotional probationary period during which time the employee's fitness and ability to perfarm the class of positions' duties and responsibilities shall be evaluated. 6.2I At any time during the promotional probationary period an employee may be deawted to the employee's previous�y held class of positions at the discretion of the ENNiPLOYER xithout appeal to the provisions of Article 23 (GRIEVANCE pRp(,�DURE). 6•22 An employee demoted during the promotional probetionary period shell be returned to the e�mployee's previously held class of positions and shell receive a �►ritten notice of the reasons for demotion, a evp�• of Which shall be sent to the IIIVIOA. � - 6 - . � ' ��s�'� <.p . s � ARTICI,E VII - PHIIASOP'HY OF F�iPIAYI"�NT AND CC�'iPENSATIOH . ' 7.1 The EMPLOYER and the UrTION are in fli.11 agreement that the philosop!�y of employment, and compensetion shall be a "cash'� hourly wage end "industry" fringe benefit system. 7.2 The Et.�LpYER shall compensate employees for all hours worked et the basic hourly Frage rate and hourly fringe benefit rate es found in Articles 12� (WAGES) and 13 (FRINGE B�iEEFITS). 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this AGREE2,�,`.'T; except those employees who have individually optioned to be "grandfathered" as provided by 12.2. - 7 • � ' , , . ��, . ARTICLE VIII - IiOURS OF WORR �� 8.1 The normal work day shall be eioht (8) consecutive hours per day, excludin� a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.A. 8.2 The normal work week shall be five (5} consecutive ncrmal work days; Monday through �'riday. 8.3 If, during the term of this kGRF��MEPJT, it is necessary in the EMPI'AYER'S jud.g�nent to establish second and third shifts or a wor}: week of other than rionday through Friday, the UilION agrees to enter into negotiations ir�nediately to establish the conditions of .:uch shifts and�or work weeks. 8.4 . This section shall not bs const:~ued as, and is not a guarantee of, any hours of work per normal wor!: day or per nor�al wcr'� :;eek. 8.5 Al1 employees shal'_ be at the location designated by their supervisor, ready for work, at the establishe� starting time ar.d shall remain at an assigned kork location until the end of the established worr da;,• unless otherwise directed by their supervisor. 8.6 All employees are subject to call-back by the ENIPIAYER as provided �by Article 10 (CALL BACK). 8.7 F�nployees reporting £or work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. - 8 - . ARTICIE IX - OVERTIME • � � �`�"�" 9.1 All overtime compensated for by the Et�LOYER must receive prior �.�,� authorization from a designated EMPIAYER supervisor. No overtime . �rork claim �rill, be honored for payment or credit unless approved in advance, An overtime claim will not be honored, even though shoxn 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 � shell be paid for work performed under the folloFring circumstances: 9.21 Time worked in excess of eight (8) hours in eny one nox�al work day and 9.22 Time worked on a sixth (6th) day following e normal w�ork week. 9•3 The overtime rate of two (2� times the basic hourly rate shall be pnid for work perfoza►ed under �he following circ•,imstances: 9•32 Time worked on s holiday as defined in Article 16 (HOLIDAYS); • 9•32 Time worked on a seventh (7th) day following a normal xork week; and " 9•33 Ta.me worked in excess of t�relve (12) consecutive Y�ours ', in a twenty-four (24) hour period, provided, that ell "emergency" work required by "Acts of God" shall be � compensated at the rete of one end one-helf (1Z�. 9.4 Fbr the purposes of calculating overtime compens�tion overtime hours �rorked shall not be "pyramided", compounded, or peid twice for the seme hours worked. � 9•5 Overtime hours �rorked as provided by this ARTICLE shall be pafd in cash. 1 _ 9 _ : .^ . ��s�5 __ �� x - � �� . 10.1 The E�IAYER retains the right to call back employees before en emp].oyee has started a noYmal w�ork day or normel work Week end aft�sr an employee has co�pleted e normal work dey or normal work �ree:k. 10.2 Eaaployees called back shall receive a minim� of four (4) hours pa�� at the besic hourly rate. 1p�3 Thp hours worked based on a call-back shall be coatpensated in eccordance with Article 9 (OVERTIME), when applicable, and subject to the minimum established by 10.2 above. 10.� F�ployees called back four (4) hours or less prior to their normal work day shall complete the no�al work day and be ccmpensated only for the overtime hours worked in accordance with Article 9 (OVERTIME). � - 10 - ,. , . �ss�� .� ART2Ci.F XZ - S�10RK LOCEti:ZGt� , F.ESIii�i��'i' 11.I �ployec� shall regort to wa;Y loca�ion as as�i�:ed by a ce�:iynr:f:e� ��>LO`IE:? su�ervi�or. D►:rir.g the no WaZ work da;� e�Tuluyces �:Ey b� asr.i�:ed to o�hPr worf lc�cati^:�s et the di�cretion of the �`�?�v.'L::. �1.2 ��Ioyees sssigned �o wark la�atior.s du�ir.� �hn no�al �ork d�xy, . ot�:er tY:er. +.heir original ass�hr.�ent, and wro are requi.red �� sz•nash t�,;e�r o�.•n transpvr�stion sh$Ii b� co.�p�=.sate� far �ile��. �1.3 �.�'L em�;�cyees �ppointed after �.nL?.ry i, ;?�o, w�uld bc rp�uired t;� re:side ir. ;.'r.e Ci�y of Sr3.int ?au� �itr,ir, cne ;�°�r o: ::�eir 37�;�int�c:.t., an:: the_ea_ter wot:.id be recsire3 �o re�ss.n k:1�fiA �h� C:z, ..:�its ns �or.g as �i,.cy ::ere e�_�,lcyRd bv t::e Cii;� oi �.sir.t Faui. �� ;-i.�+ Z':11.`3 T'E:,l�E?::,'�% ^ecui.re�ent :C!ES�� ?iJpi;,.' �r t.,:7:'i.S�Si:lt?v". P:,^,r_:tj/C�.° , uell a� ..._atis:fied e�^a,�yee:. �, •. � .� �' • +.-• r � • F +•� • � i �•c:`l? :(� 1.�.5 �!D�1.1�8I1�S �'OI' �.`O�jVl�/�J 1: �i:... l.'i�,y �:_ :1i:i. E..1 l�i__. ^t�� 'i.E.' _ 1� . � tc be resicsnts af ":Q C��;, o� tiaint :aal. , • ll.a E�:,Y,?oyees failing uu �eet tne s•ns::dency T�q•,:_reTen� �::11 �e st:,�;; �t �O LEZ'�111fi�1Gt'i u^� a :esri.rat, riT`C�,.?�S S::3i'_ C;� �S.•3�1�.=11e:1 '..7 �:°:�Z:"'iT'i�. kri°ther t:::� resid°_:7C�/ Y'P.QU2I'E:':+�'i�• k8� L^.3:.. - Zl - . � , �66��5 � AATICLE XII - WAGES 12.1 The ba�ic hourly wage rates as established by Appendix C shall be paid for all hours worked by an aaployee. 12.2 Employees who are covered by the fringe benefits listed belaw shall continue to be covered by such benefits. They shall be sub�ect to all other provisions of the AGREF��NT, but shall not have hourly fringe 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, Stiibdivision E. 12.23 Vacation as established by Ordinance No. 64�+6, Section 1, Subdivision F. 12.24 Nine (9) legal holidays as established by Ordinance No: 6446, Section 1, Slxbdivision G. 12.25 Severence benefits as established by Ordinance No. 11490. - 12 - : � . . �� 5 ARTICLE XII - WAGES - continued 12.3 Regular employees not cwered by the flringe benefits listed in Article 12.2 shall be considered, for the purposes of this AGREE3�.NT, participating employees and shall be campensated in accordance with Article 12.1 (WAGES) and ha,ve fringe benefit contributions and�or deductions made on their behalf as prc�vided for by Article 13 (FRZNGE BENEFITS). 12.4 Provif,ional, temporary, and emergency employees shall be considered, for the purposes of this AGRE�IT, participating employees and shall be com- pensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and�or deductions made in their behalf as provided for by Article 13 (FRINGE BENEFITS). _ 12.5 All -regular employees employed after February 15, 1974, shall be considered, for the purpose oP this AGREF.�NT, 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 (FRZNGE BENg'ITS). - 13 - � . . . � � ��`��,� �5 ARTICLE 7CIII - FRINGE BENEFITS 13.1 The EMPLOYER sha21 make contributions on behalf of end�or make deductions from the wages of employees covered by this AGRF�MENT in accordance �rith Appendix D for aIl hours worked. . ti ' - 14 - . ' � ��5�� ARTICLE XIV - SELECTIOIY OF FOREMAN AND GENERAL FOR�fAN 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 direction of a designated EMPLOYER supervisor. 14.4 Sw.ch "temporary assignments" shall be ma.de only in cases where the class of positions is vacant for more than one (1) normal work day. - 15 - . . ,��,,�,�5� ..�� ; ARTICLE XV - RETIREMENT 15.1 All employees shell retire from employment with the EMPLOYER no later than the last celendar day of the month in �rhich en employee becomes sixty-five (65) years old. - 16 -• ARTICLE XVI - HOLIDAYS �C�� t� 16.1 The follos+ing nine (9) days shell be designated as holideys: Ae�+ Year's Day, January 1 President's Day, Third Monday in February � Me�oriel Day, lest Monday in May Independence Dey, Ju�y b � • Lebor Dey, first Monday in September Coltimbus Day, second Monday in October Veteran's Day, November 11 � • Thanksgiving Day, fourth Thursdey in I�ovember Christmas Day, December 25 16.2 When NeW Year's Day, Independence Day or Christmas Day falls on a Sundey, the folloWing Mondey shall be considered the designated holiday. When any of these three (3) holidays f811s on a Saturday, the preceding F`riday shall be considered the designated holiday. 16.3 The nine f9) holidays shall be cor.sidered ::on-WOrk days. 16.�+ If, in the 3udgment of the EH�LOYER, personnel are necessary for operating or emergency reasons, employees may be scheduled or "celled back" in eccordance �rith Article 10 (CALL BACR). 16.5 �aployees working on a designated holiday shall be compensated at the rate of txo (2) times the basic hourly rete for all hours Worked. • 17 - , . _ - ,, • r•. ARTICI,E XYII - DISCIPLINA,RY PROCF,'DURES ` ��?5' � 17.1 The EMpI,pyER shall have the right to impose disciplinary ections on e�ployees for �ust cause. 1?•2 Disciplinary actions by the EMPLpyER shall include only the following actions: I7,21 Oral reprimend 17•22 Written reprimand 1T.23 Suspension 17.2� Demotion 1?•25 Discharge 17•3 F�nployees who ere suspended, demoted, or discharged shall have the right to request that such actions be reviexed by the Civil Service Co�ission or a designated Board of Revie�,i, The Civil Service Coamiission, or a designated Boerd of Review, shall be the sole end exclusive mear.s of revierring a suspension, demotion, or discharge. No eppeel of a suspension, demotion, or discharge shell be considered a "grievance" for the purpose of processing through the provisions � of Article 23 (�ggV�� ), - 18 � ARTICLE XVIII - ABSENCES FROM WOR1C ,r�'�'�sa� 18.1 �nployees who are uneble to report for their nozmal �rork day have thc responsibility to notif�r their supervisor of such absence as soon as possible, but in no event later than the beginning of such . �rork day. 18.2 Failure to make such notification msy be grounds for discipline as provided in Article 17 (DISCIPLI�'�ARY PROCEDURES), 18.3 Failure to report for work without notification for three (3) consecutive nonael Work days may be considered a "quit" by the EMP'LOYER on the pert of the employee. - 19 _ . . , � ' � - � ��'� • x� - SEI�IORITY � �RTICI,E shall be defined as 19,1 3eniority, for �he pu=`Poses of this AGREF�RT, . folloxs: i9.11 "Mastei• Seniority" - the length o£ continuous regular end probetionary service orith the E2�IAYER from the � lest date of emploYment in any and all class titles covered by this AGREFI��1�• � 19,12 "Class Seniority" - the length of continwous regular and probetionary service �+'ith the EIr�IAYER fI'°m the date an employee Was first nppointed to a class title � covered by this AGR�MENr• iorit shell no`. accumulate during an unPaid leave of absence� i9.2 s� y exce t xhen such a leave is grnnted for a period of less than thirty P 30� calender days; is granted because of illness or in�ury; is ( lo ee to accep� an aFPointment to the granted to allow an emp Y inted ur�classified service of the E2�I+0� or to an elected or aP� fl�ll•tia:e positior. �rith the tTNI�N• or is 1 .3 S�ierity shall terminate when an emplo�ee retires, resigas, � 9 discharged. 19,1� In the event it is determined by the II+'�L�YER t:�at it is necessary � duce the work force emploYees will te laid off by class ticle wit�n re n �ployees eech Department based on inverse length of Class SenioritY•n laid off shall have the right to reinstatement in anY lOWer_paid class e rovided, eir�ploYee t�es 8reater "baster SenioritY" than the employee titl , P being replaced. 19•5 The selection oP vacation periods shell be made by cless title bnsed on en tln of °Cless Seniority", sub�ect to the appTO`ml °� the II�IA�• 1 g � - 20 - .�_ ` ' �� V,�� ARTICIE 7IX - JURISDICTION 20.1 M sputes concerning �rork jurisdiction between and emong unions is reco�ized as en eppropriate sub�ect for determination by the various uni.ons representing employees of the ENSPLOYER. 20.2 ThE: II�'LOYER 8grees to be guided in the assignme:it of work juris3iction by any mutuel egreements between the unions involved. 20,3 In the event of a dispute concerning the performance ar assignment of �ro��k, the unions involved and the EI��LOYER shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the EI�LOYER to aceomplish the work as originally essigned periding resolution of the dispute or to restrict the EMPLOI'ER's basic right to essign work. 20.4 Any employee reflising to perform work assigned by the ENSPLOYER and as clarified by Sections 20.2 and 20.3 ebove shall be subject to disciplinary action as provided in Article 17 (DISCIPLINARY PROCIDURES). 20.5 There shall be no work stoppage, s1oW drnm, or any disruption of work resulting from a xork assignment. - 21 - . , • �� s ARTICLE 70CI - SEPARATZON 21.1 �ployees heving n probetionary or regular eu,ployment status shall be considered separated from enployment based on the following actions: 21.11 Resignetion. E�aployees resigning from employment shell give written notice fourteen (14) cale��dar days prior to the effective dste of the resignetion. 21.12 Retirement. As provided in Article 15. 21.13 Discharge. As provided in Article 17. 21.14 Pailure to Report for Duty. As provided in Article 18. 21.2 F�ployees having an emergen^y, temporary, or provisional employme:�t status may be termineted at the discretion of the II��LOYER before the comple�ion of a normel work day, � � ' - - 22 - � ' : ' ' �� . ��s ARTICLE XXII - TOOIS ' . 22.1 All employees shell personally provide themselves �rith the tools of the trade ns listed in Appendix �, ti - 23 - . +� � A�tTICLE XXIII - G:�VANCE PROCEDURE .. ��s C�� 23,1 The II�IPLOYER shall recognize Stewards selected in accordance with LTNION rules and reguletions es the grievence representative o:' the bargaining unit. The UPtION shnll notif� the EMPIAYER in Wz�iting of the names of the Stewards and of their successors When so named. 23.2 It is recog:�ized and accepted by the II+�LOYER and the UNTON thet the processing of grievances as hereinafter pro:�ided is limited by the �ob duties nnd responsibilities oP the employees and shall therefore bc accomplished during workin� hours on�y when consistent with such . employee duties and responsibilities. The Steward involved and a grievi-�g e�;ployee shall su:fer no loss in pay when a grievence is pro- cessed during working hours, provided, the Steward and the employee have notified and recei��ed the approval of their supervisor to be absent to process e grievance and that such absence Would not be detrimental to the work progrsms of the EMPLOYER. 23•3 The procedure established by this ARTICIE shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 17,3, for the processing of grievances, Which ere defined as an alleged � violatioa of the terms and conditions of this AG�EMENT. 23.4 Grievances shall be resolved in conformance with the follo�ing procedure: Step 1, Upon the occurence of an elle�ed violation of this AGREEMENT, the employee involved shall attempt to ; resolve the metter on an informal basis irith the • 2k • � �� ' ARTICLE XXIII - GRIEVANCE PROCIDURE (CONTINUED) ��s5'� v�� employee's supervisor. IP the metter is not resolved to the employee's satisfaction by the informal discussion it mey be reduced to Writing and referred to Step 2 by the UNION. The r►ritten grievance shall set forth the nature oP the grievance, the facts on which it is based, the elle�ed section(s) of the AGREEMENT violeted , and the relief requested. Any elleged violation of the AG�EMENT not reduced to writing by the UTJION �rithin seven (7� calendar days of the first occurrence of the event giving rise to the grievance or within the use oP reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievence, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a designated EN�'ZOYER supervisor shall meet with the UNZON Steward and attempt to resolve the grievance. If, es a result of this meeting, the grievance remains unresolved, the E2�+�LOYER shall reply in writing to . the UNION within three (3) calendar days following this meeting. The tTDTION may refer the grievance in writing to Step 3 within seven (7) calendar days follawing receipt of the EMPLO�R's written enswer. Any grievence not referred in �riting by the LTIVION within seven (7) calendar. days following receipt of the ENQ�LOYER'S ansMrer shall be considered �raived. ., - 25 - .. �. ,��,� �r� ��z� 4 G�� c�� 5 S�ep �. Within seven (7) calendar deys following z°eceipt of a � , grievanc� referred fxam Step 2 a desi�neted EMPLOYE�t supervisor shall meet with the �TNION Busin��s� M�+nager or his designated representative and attempt to resolve the �rievance. Within seven (7� calendar days following this meeting the EMPIAYER shall reply in wri.ting t� . the UNTON stating the �IPLC?YER'S answer concerxiin� the grievance. T�", as � result o�' the written resporase th� grievance remains unresolved, the UNZON may refer the grievsnce to St�p �+. Any �r�er�nce not referred to in writing by th� �f�11�TT tc� Step �C w.;.thin sev�n �7, cal�ndar days following receipt �af the EN;1'Z�YER'S answer shall be considerec� wa�ved, Step �+, Zf the �rieva�ce re�ains unresolved, the U2�TIO:J �ay • withi.n seven (7) cal.endar days efter the response of the EMPLOYER in Step 3, by written natice to the �SPIAYER, request �rbitrataon of the �rievance. Th� erbitration proceedir�gs shall be conduct�d by an arbitr�tor to be selectAd by mutusl agreenent of the F�IPLpYER anci the �TNZpN wi�2�.ir. sev�n (7} caiendar days after notice has been given. Zf the pas�ties #'ail tss anutuaZly agree upon en erbitrator xithin �he seid seven (7) day period, either party may request the Public E�nployment Relation B�ard to submit a� - 26 - . � " „�� P ..,,V ARTICLE 70CIII - GRIEVANCE PROCEDURE (CONTINUED) . penel of five (5) erbitrators. Both the EMPLOYER � and the UIJIOft shell have the right to strike txo (2) names from the panel. The IJNION shall strike the first (lst) name; the Er+SPIAYER shall then strike one (1) neme. The process wi12 be repeated and the remaining person shall be the erbitrator. 23•5 The arbitrator shall have no right to amend, modif�r, nullify, ig�ore, edd to, or subtract from the provisions of this AGREEI+�A1T. The arbitrator shall consider and decide only the specific issue sv.bmitted in writing by'the EN�LOYER end the UNION and shell heve no suthority to meke a decision on any other issue not so submitted. The arbitrator shall be without power to mske decisions contrary to or inconsistent vrith or modifyin� or varying in any way the application of laws, rules, or regulations heving the force end effect of law. The arbitrator's decision shall be submitted in t+�riting 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 an extension, The decision shall be based solely on the arbitrator's interpretation or application of the � express terms of this AGREEMENT and to the fects of the grievence presented. The decision of the erbitrator shall be final and binding on the EI�IAYER, the UNION, and the employees. - 27 - . ; ' ; ��- �. . . - - �6sf?5 ARTICLE IIXIII - GRIEVANCE PROCEDURE (CONTIIQUED� � �3,( The fees and expenses for the erbitretor's services and proceedings shall be borne equelly by the II�IA7tER end the UrTION, provided that each party shell be responsible for compenseting its own representative � and xitnesses. If either party desires a verbetim record of the proceedings, it mey ceuse suc!� e record to be made vrov�ding it pays for the record. 23.7 The time limits in each step of this procedure may be extended by mutual agreement of the EN�IAYER and the t1NI0A. � - 28 - � � � . �6�sf?5 ARTICLE )QCN - RIGHT OF SUBCOPiTRACT 24.1 The ENlPL07fER mey, et any time during the duration of this AGREEMENT, contract our Work dor.e by the employees covered by this AGREE2�NT. In the event that such contracting would result in e reduction of the Work force covered by this AGREEMENP, the EMPZOYER shall give the UIVION a ninety (90) calendar day notice of the intention to sub-contrect. 24,2 The sub-contracting of work done by the employees covered by this AGREQ�iENT shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. � _ � - , I�. � � . ' ' � �;�5�� ARTICLE 3QCV - Npft-DISCRIMINATIOIY � � • � 25.1 The terms and conditions of this ACREEMENT will be applied to � employees equally without regard to, or discrimination for or I egeinst, any individual because of race, color, creed, sex, I ege, or beceuse of inembership or non-membership in the UIVIQN, - 25.2 F�ployees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees end the general pub].ic. 4 _ 3p . . � _ , . �� -�� ARTICLE XXVI - ST�VERABILIT1t 26.1 In the event thet any provision(s) of this AG�EMENT is declared to be contrary to la� by proper legislative, edministrative, or �uciiciel authority from Whose finding, determinetion, or decree � no appeal is teken, such provision(s) shall be voided. All other pri�visions shall continue in flil.l force and effect. 26.2 'i'h�s parties agree to, upon written notice, enter into negotietions to p2ace the voided provisions of the AGREF:MENT in complinance rrith the legis2ative, administrative, or �udicial detezmination. - � - ARTICI.E XXVII - WAIVER ��ssY�� 27.1 The ENIPLOYER and the U1�TION ecknowledge that during the meeting and negotiating which resulted in this AGR�+�NT, each yad the right and opportunity to make proposals xith respect to any sub�ect concerning the terms end conditions oP employment. The agreements and understandings reached by the perties efter the exercise of this rigYrt are flxlly and completel;� set forth in thi s AGREF•I�NP. 27.2 Therefore, the II�LOYER and the IINION for the duration of this AGR'EEb�NT agree that the other pary shall not be obligated ta meet end negotiste over any ternc or conditions of employment Whether specificelly covered or not specificelly covered by this AGREE2•�NT. The tJPTION and Eh�'ZAYER may, however, mutually agree to modify any provision of this AG��NT. 27,3 Any end all prior ordinances, sgreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent . �rith this AGRE"A'�NT, are hereby superseded. � � � ti • ARTICLE 7IXVZII - CITY MILF.AGE PTAN ��'� � 28.1 Automobile Reimbursement Authorized: pursuant to Chapter 92A of the St. Paul Legislative Code, es amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the: perforna8nce of their duties, the following provisions are adopted. 28,2 Met;hod of Com�utetion; To be eligible for such reimbursemen+ all � ofi'icers and employees must receive written authorizetion from the Ma;�or. Reimbursement shall be made in accordance with one of the fo]llowing ptans: �e 1. For those officers and employees who are required to use their oWn auto:r:obiles occssionetly for officiol City business, reimbursement at the rate of 13 cents for eech mile driven. � Type 2. �br those officers and employees who are required to use their own automobiles on a regular besis cn City business, reim�ursement at the rste of $2.50 for eech day of work, end in addition thereto at the rate of 6.5 cents for each mile driven. 28.3 Rules and Re�ulations: The N�yor shall edopt rules and regulations governing the procedures for sut�mobile refmbursemer.t, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating place of origin and destination and applicable mileage ratings therest and indiceting total miles driven, and shall file monthl,y affidevits statin� the n�ber of days worked and the number of miles driven, and flirther required that they maintain automobile lia�ility insurance in amounts not less than $100,000/300,000 for personal in3ury, and =Z5,000 for property damege. These rules and regulations, together �ith any amendments therEto, shall be meintained on file Frith the City Clerk. 28.4 The provisions of this Article shall not epply to employees of Independent School District No. 625. • 33 - � . AATICLE XXIX - I�IIIEAGE - Z1�EPENDENT SCHOOL DISTRICT �625 i 29.1 �3nployees of the School District under policy edopted by the Board of Education may be reimbursed for the use of their auto- mobiles for school business. To be eligible for such reimbursement, employees must receive authorization from the District Mileege Co�ni.ttee utilizing one of the following plans: PIAN "A" is reimbursed at the rate of 15¢ per mile. Ir. addition, a msximum emount xhich can be paid per month is establis::ed by an estimate flirnished by the employee end the employee's supervisor. . Another consideration for establishing the maximum amount can be the e�cperience of enother working in the same or similar position. Under this plan, it is necessary for the e.mployee to keep e record of each trip made. PLA.'� "C" provides for reimbursement based on a per mon— t-h�lw-np sun" aa:ount. This amou.zt is determined by the enployee' s driving experience under Plan "A" for a period of 3 te 6 months, Those employees receivir.g an anto allowance 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 holidey. - 3�+ - � . ' . At��ZCI,E }�IX - DtTi�ATION AFD pI,EDGE �� 30.3 This AGR�?�iT shall tecome ef:ective as d` the date �f si�ning, except es sFecifically provided ^therwise in Articles 12 end 1?, end sha1Z re�sein in effec� tti:rough tY;e 30th day of April, 1�'7+., ar:�? coc'inue ir, effec°. fro^ ye�sr to year thereafter unles� rotire t�� cher.ge cr ;.r_. te�rminste is giver; in the �car,��er provide:d ir. 2?,2. 30.2 I;' either party desires to ter�inete or modifp �his AC.RE�"dT, effect�ve es ef thP �at� nf PXL'lretior, t!:e pe�rty zrishin� to modify or ter¢inate t��e ��FF'�'��'?';^ sl^gl?. give a-ritter, notice te the ��'r.er Fe�-ty, :�t m�re t:��r r.�r.etSr (�� a� les� tha:� si.r.;:;v (�C`} c��en,sr r3sy� Fr��r �,> �he er.�iraticr� dat�, prov�d��, �}st `'-:¢ kG?T'�NN�."� ^�-. cr'•, }.�• -o ;e,^.r.ir.$`.ed cr II:adified e':ective ss o` tr:e �=zF= - -� . :cr O?�E. �Q.� lil '_C:.^,, li�('Z'8Zi0_T: �� i:E �GIT;C'. �:.0 C'C:.,'�.i�iG:l:.: �i !.:�:�n; ,._e.;. e^tat�li.s�ed b�r t.his AGREFI�PiT �rci the recogr.itic;t t::�t t..°�e ('r��.'��i�.G �'i��'E�tT��; hereir. ES1.£•�_i2;;�'il?cj ; � `fiP. "'�''.A'"�, t'�' r .... ,� �jli r E;=�lE',•jG.`%^.f;F ,^Ce'iC`f:'T:.l:i�', 2tS &l.r1J -'82.1G':1 CT' 1�i:E::t''.�^":�G?.:C'2? .'.:E;" t7C' F�'8,^f?:'l;�i,`" �'C:..:tZVf?!�� ±C:F' L'£.:. if`-: r:c-�pt -i(''.'�:' L:.t�'" � ,.:?^1> t,:E' `@7Z°t Oi� `1'lE �i.�'iY��:i'�`: '�. �Z T'... 'lr!T�i:'� ^.' ' i l''.E t^^,�" a �i_ ..:` f.^.^s.-p ..'� _ --' • ,i'.. �_`$?C'� C.'." C'�.;�;':i � EL", •O.^'^'CS'��C'�:i F?'. � .... _.. �:=._�,k^ E�g:r;.�e��. .'��1 ;�� rc-.�::cr: :c_ ct;. - ;� , k1ZZ�.i�1� 8i.h.5F'.�lt t��:(�:iiSC'��..s�.S �J'L':'� �C`�'ir� �r�..,` �i.l':?"kt s?..�.: d��-:: `}:e.ir �-c�rk, �r �>b;en� t.::c;::,:clvr�; i.r!. s �S � s , � `ARTICLE XXX - DURATION AND PLEDGE (CONTINUED) ,� ��5�,�� in whole or part f�om the f1x11, faithilil performance of their duties oP employment. 30.32 The F�IPLOyER Mill not engage in, instigate, or condone suy lock-out of employees. 3�.33 This constitutes a tentative agreement between the parties which �ill be reconmiended by the City Negotiator, but is sub�ect to the approva.l of the Administration of the City, the City Council and Independent School District No. 625 and is also sub3ect to ratiffcation by the Association. � AGREED to this �� day of,�ta� , 197�5; and attested to as the flill and complete understanding of the parties for the period of time herein speciPied by the signature of the follortring representative for the II�IPLOYER and the UNION: WITNESSES: OPERATIVE PLASTERERS AND CEMENT MASONS CITY OF SAINT PAUL INTERAATZONAL ASSOCIATION LOCAL 20 w g . • BY. . City Negotia Bueiness age BY: gy: BY: BY: Civil Service Commission BY• BY: Mayor i BY: City Attorney BY: Independent School i District No. 625 I - 36 - . . _ . � . �� APPEADIX A �� The classes of positions recognized by the EMPLOyER as being exclusively represented by the UNIOId are as follaws: Plasterer Plasterer Inspector and other classes of positions that may be established by the D�IPLOYER where the duties and responsibilitiea assigned comes within th.e jurisdiction of the UAION. - A1 - s ' • �. � �� APr'END?�: C �� Eff�c�ive h.�y :�U , 1�75, the bss?c hou�°l;r w�s;P rate fcr nr�visic�.��1_, re�;,?7�.r and probationa�;r �mployAes appointer'_ ta the fallatiin�; classes of pe�i�ion:7 n:��' :�o� re�^�'i.uin� �:n� Fringe Penefits 1� .::ted in �irti�°l.e ±r.2 Gnrla. k��; PZ�ster. . . . . . . a . . . . . . . . . . . . $ 8.44 Pl.nste.rer TnsFe�tor. . . . . . . . . . . . . . � $.s�� Eff��ctiv� M;,v 1Z�, 1�'S, th� ba.sic hourl.y k-age r�t� f^r t��;�c;ar�;��,� <:n:.3 emergenc;r empi�yee:; a,ppointed. to th� f�llowing classes of �;ositzcn� Cri3�.? be: Piaster. . . . . . . . . . . . . . . . . . . . $ $.�2 �'l.asterer Inspector. . . . . . . . . . . . . . � 9�32 Ef�'��c°�ive Ma�,� ?4, �975, the basic 1�.��.�:k.v �a�� ate °�r re�,�.ar Fr-:-!�lr.ye�� appointe� to tkae f'ollowir.� classes of posft.sor�s whc ar� *_-EW�elvin� t;y:e Fr�_^Vn �ene�'zts l�ste�i in Article 12.2 sha2i �e. Flaster. . . . . . . . . . . . . . . . . . . . � 8.c1 F'last�r Ins��r�ctnr. . . . . . . . . . . . . . . � $.'�'� _ C._ � � •Y ' t 15.=7��17L�1A 1J �� . a.r' �ffective i�I�y 1�+, 3.4?5, the EMPIAYER sh�I.l.: �l) cantribute � .65 per hnu.r from which payrol�. d+eductions h�ve been msde for a�l hours work�d by p�rti�ipating employees as de�`ined in Articles 12.3, �0 4 and� 12.; of th?s ��°�ETv'T f or a UNIOPT d�sz.gnated Vacation �ind. (2) contribute � .50 per laaur for aIl hours wcrked by participating e�nployees ss defined in Articles 12.3, 12.�+ and 1.2.5 0�' this � I9� t� a �elfare F�znd. (3) cantribute � .25 per hour fc�r all hours w�rked �y paxta.�ipa�i�� employees as defined in Articles 12.3, 12.�+ arsd 12.5 of thi.s AGREEMI�� ta tY�e Pez�sion �nde (4) contribu�e $ .t�1. p�r Yzc�ur f'oac all rours work�ed by 21�.tici��tis� emplcyees as defined iz� Articles 12.3, 12.4 and 12.5 of t�ais �• •! AGR�EMEN'� to th� Jaurneyman and A��renti.cesh�� ra�r.zr�g �rtd. ti.l.l contrs�butions and deductions made in accordanee wit� thi� Agper�dix shall � be Porwarded to de�a�itories as directed by the UI�ION. The EMPIAX�R shall estak�l.ish Wor�nan's Compensatatan and Un�p�csymeazt Campensatian programs as requir�d b� Minnesota S�mtutes. The Ei�PLOYER'S frin�e benefit obli�r�tian to partici�atin� e�iployees as defined in Rrticles 1�.3, 12.4 �nd 12.5 is limited. to �he contributians and�c� deduet�ans est�blished b�r ttsa.s ,E�� I�T. �'he: �ctual level o�' t��a�fi�:� prv�r�.u�d th� ' e�nployees shall be the responsibility of the Trustees of �he variQ�.aw fun�is to � �a.ch th� EMFiAY�R has forwarded contributzon�s and�pr d�ductions. ; _. - �� - � � _ _ _ ___ _ _ , � �� ; . , I� lst �� J� 2nd ��aa � � 3rd � �� Adopted a�,3 Yeas Nays Q�tISTaTSEN HOZZA �'� ��'5 . � ROEDLER � SYLVF�STER � TEDESCO PRESIDFNT (HUNT)