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266650 WHITE - CITV CLERK COUI1Cl1 �� PINK - FINANCE . G I TY OF SA I NT PAITL CANqRY -DEPARTMENT BLUE - MAVOR File NO. � �� Ordin�nce Ordinance N 0. �� Presented By Referred To Committee: Date Out of Committee By Date An administrative ordinance approving the terms and conditions of the 1975 Memorandum of Agreements between the City of Saint Paul, Independent School District No. 625, and the Local Unions listed below. WHEREAS, the Council, pursuant to the provisions of Section 12. 09 of the Saint Paul City Charter and the Public Employment Labor Relations Act of 1971, as amended, recognizes that for the purpose of ineeting and negotiating the terms and conditions of employment, the following described Locals are the exculsive representatives for City employees falling within the units as certified by the Bureau of Mediation Services under the corres- ponding described case numbers: Bricklayers Local 1 - Case No. 73-PR-537-A June 4, 1973 Cement Masons Local 560 - Case No. 73-PR-525-A May 22, 1973 and - WHEREAS, the City through designated representatives and exclusive representatives 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 in the agreement between the City and the exclusive representativ�es, now, therefore, THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That the agreements created as of the effective date of thig ordinance between the City of Saint Paul, Independent School District No. 625, and the above-described representatives, on file in the office of the City Clerk, are hereby approved, and the authorized administrative officials of the City are hereby authorized and directed to execute said agreement on behalf of the C ity. _ 1 _ COU(VCILMEN Yeas Nays Requested by Department of: Christensen P e r s onnel Office Hozza In Favor Levine Roedler Against By T D G e so Dir. of Personnel Sylvester Tedesco President Hunt Form pprov d by ity ttorney Adopted by Council: Date i ��. V � Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved ay ssi o Cou By BY �„ WHITE - CITV CLERK l PINK - FINANCE GITY OF SAINT PALTL Council ��5�5 CANARY - DEPARTMENT �y , BLVE ^-MAVOR File NO. ' � � ` Ordin�cnce Ordinance N0.'„)`�� Presented By Referred To Committee: Date Out of Committee By Date Section 2. That the wage schedules indicated in the agreements with the above-described representatives shall take force and effect retroactively to the dates set forth in each of the individua.l contracts and in accordance with the expressed intent of the agreement of this Council contained in Council File Number 264748. Section 3. That any other ordinance, rule or regulation in force when said agreements take effect, i.nconsistent with any provisions of the terms or conditions of said agreement, is hereby repealed, Section 4. This ordinance shall take effect and be in force thirty days after its passage, approval, and publication. Approved: , Ch rman Civil Service Commission COUNCILMEIV Yeas Nays � Requested by Department of: Christensen �C HUnt In Favor Levine � Sy"�`1 ester Against By Tedesco President � Hozza �E8 � � t976 Form A prove by Cit ttorney � Adopted by C . Date Certif' Pas e ouncil retary, BY Y Approv by Mayor: EB 3 �976 Approved by Ma S n By BY PYBI � 11�i`�, Q n�1 .f 1c� . t��1�� ; t�o ndt detach this memorandum #rQm th� QM p�; ��„� 7.� or�inance so that this information will be , �:.�r��"�t� to the Ci�t�y Council �.,-• � EXPI.�ANA'x'ION Ok' ADMIN��TR.�iT�Y� 4RD�R�, � . TT1� M�i 1� e �ESQL'tJT�ONS .t�ND �RI7ZNANGE�a �V�� I�at�:d�►nnaryr 5, 1}7d � T4: THpMAS J, KEI.,LEX, C�TY ADMT�TISTR,PiT4.R FR; Personael Office ItE: �Irdinanee f'or su'b�ission to City Counail ACTION RE�2UES?ED: : I rec�aaaead your approval and sub�ission of t�iis :Ordinanee to the City Conncil. FURP4S� A�ND RATIUNAL� FOR TI�S AGT�fJ�T, � ' This Ordinance appreves the 1975 Collective Barga3ning I,abor Agreasenta be�reen tbe City of St. Pa�l, Induepead�nt Sc2�o1 Distrie� I�c. 625 and the Br3.ckla,yer'e,� .' ; IInion and Cement Mason's tJnion. . ?he �age settle�nent in these contracts are based on the union contra.cts Nith the ` priv�ste co�tractor8. ATTACHM�NTS; Ordinance and capy for City Clerk and t�o (2) Maintez�a►aee La�or Agreement� � AP'PR QVAL� carr,ae J. QY', y in �tr�t4r i � . �t r� ' Q r� • r10 • i 5�5� ' l� ! p. � 2sss50 • MAINTEIdANCE LABC?R AGREEI�PTT � -� between - � THE CITY OF SAINT PAUL TI� INDEPENDENT SCHOOL DISTRICT N0. 625 - and - OPERATIVE PLASTERERS' AND CII�NT MEIS�JNS` IlVTERNATIOi1AL ASSOCIATION, IACAL 560 �1 , . - . .:. ' I1�DEX �RTY CLE . TYTI� . �G"��0 YAGE Prca�mble iii y Purpos� � ' �I Recognition ' 2 aII �uployer Rights � IY Union R.i.ghts 1t � Scope of Agreement 5 yI probationary Perivds � '{�� PhilosoFhy of Eaployment and Compensa�ion 8 ygll �iours of Work i TX Ov�rtime 9 � �aL� Bnck � l� �CI , Work Locatfon - Reside�cy � XII Wages � XIIT Fring� Benefits ��+ ;{� Selectian of Foreman end General Foreman 15 Xy �tetirement 1� � �c�lidays �7 XVII Discipainary Proc�dures �$ XVZTI Absez�ces F`ro� �+Iork 19 XZ7� S�niority � XX Jurisdicti�n � XXI 5ep�ration � XXII 'Tools ' 23 �CZ�I Grievance Frocedure ��+ XX��' Right of Subcontr�ct 29 7CXY �on-Discriaination � � ��verabiZity . 3� ?CRVII �Ieiver ' 3� XXYIIZ �City t�Sileege Plan 33 XX1X Mileage I.D.S. r��5 3�+ �QOC Burati�an and Pledge 35 . Appendix A • Appendia B App�ndix C ' ,Rppendix D fi � , . 26s650 P R E A M B L E This AGREEMEIGT is entered into on 30th day of December; 1975, between the City of Saint Paul and the Independent School District No. 625, herein- after referred to as the EMPLOyER and the Oper�.tive Plasterers' and Cement Masons' Internatiottal Association of the United States and Caneda, Local 560, r hereinafter referred to as the UNION. The EMPLOyER and the UNION concur that this AGREEMEIVT has as its ob- �ective the pramotion of the responsibilities of the City of Saint Paul for the benefit of the general public through ePfective labor-management cooperatian. The IIdPIAYER and the UNION both realize that this goal depends not only on the words in the AGREF�dENT 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 gene�al public. iii f `, • . 1 , '� • . ARTICI.E I - HJRPOSE . . . ��650 l.l The EMPLOYER and the UNION agree thet the purpose for entering into this AGREE2�I�T is to: �• 1.11 � Achieve orderly and pet+ceflxl relations, thereby ' establishing a system of uninterrupted operations � and the hi�hest level of employee performance that - is consistent with the safety and xell-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 Et�IAYER and the iTNION; � 1.13 Establish procedures to orderly and peaceflzlly resolve � disputes as to the application or interpretation of - this AGFtEE2��.fi'T without loss of manpower productivity. 1.2 The EMPIA`�R and the i7NI0N agree that this AGREII�PtT serves es e supplement to legislation that creates and directs the ENiPLOYER. If dny part of this AGREEMENT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided . by Article 26 (SEVERABILITY). , • - � w . ' . ' . , � AR�ICLE II - RECOGNITION s�n�� `� 50 2.1 The IIKPLOYER recognizes the UNION as the exclusive representative for collective bargaining purposes for all personnel having a,n 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-525-A dated May 22, 1973. �: 2.2 The classes of positions recognized as bein� exclusively represented by the UNION are as listed in Appendix A. . -2- . . � � . . � ARTICIE III - E.'�iPIAYER RIGHTS � �Gs66' 50 3.1 The II�SPIAYER retains the right to operate and manage all manpower, facilities, and equipment; to establish flanctions and progrfuns; � to set and amend budgets; to determine the utilization of technology; to establish and modify the organi�ational structure; to select, direct, end dete�ine the number of persannel: and to perform any inherent managerial fl�nction not specifically limited ' by thi s AGREF.t-�NT. . � . 3•2 A�Y "t�� or cond�tion of employment" not established by this AGFrEE2��IT shall remain with the EMYIAyER to eliminate, modify, or establish following written notification to the TTNION. _ 3 .. ' .. . . .. ' � • ARTI�LE N _ UNI'�N RIC�i'TS . ��V� 50 4.1 The EMPIAYER shall deduct from the wages of employees who authorize such e deduction in writing an amount necessary to cover monthly tlNION dues. Such monies deducted shall be remitted as directed by the UNION. 4.11 The EMPLOYER shall not deduct dues from the wages of employees �covered by this AGREE2�I'�T Por any ather � labor organization. '� . �.12 The UIv'ION shall inde�nify and save harmless the EMPIAYER from any and all claims or charges made . � against the F�pIAYER as a result of the implem��tatfon of this ARTICLE. . � � � � 4.2 The UI?ION may designate or.e (1) employee from the bargaining unit to 8ct as a Steward and shall inform the EMPLOYER in writing of such designetion. Such employee shall have the rights and responsibilities as designr�ted in Article 23 (GRIEVA2�CE PROCIDURE). - �+•3 Upon notification to a designated E2✓.�'LpyER supervisor, the Business Maneger of the UI�ION, or his designated representative shall be ' • pex�►itted to enter the facilities of the EMPLOYER where ea�loyees . , covered by this AGREEI�NT are �orking. • � � — � — + � . .. �, . � , ARTICLE Y - SCQ:�' OF TI� AGREEMENT �U66 , � �Q 5.1 This AGRE�.�NP establishes the "terms end conditions of employment" defined by M.S. 179.63, Subd. 18 for all employees exclusively represented by the UrTION. This AGREEh��T shall supercede such . '�terms and conditions af employment" established by Civil Service Rule, Council Ordi;,ance, and Council ResoZution. � . _ 5 _ . � � ' , � ' �:� - . � . . .. . . 2s�s� ARTICLE VI - PROBATIOIiARY FERIODS 0 6.1 All personnelp originally hired or rehired following separation, in ' e regular employment status shall serve a six (6) month`s probationary period during which time the employee's fitness and ability to perfor.n the cl�ss oP positions' duties and responsibilities shall be evaluated, fi.11 At eny time during the probati�onary period en . employee may be terminated et the discretion of the EN4'IAYER without appeal to the provisions of � . Article 23 (GRIEVAIvCE PROCEDURE). . fi.l2 An emplayee terminated during the probationary period . shall receive a written notice oP the reason(s) for such termination, a copy of xhich shall be sent to the UNION. ' . 6.2 All personnel promoted to a higher cless of positions shall serve a six (6) months' promotionsl probationary period during� which time the employee's fitness and ability to perform tY:e class of positions' duties and responsibilities shaL1 be evaluated. � 6.21 � At any time during the promotional probationary period en employee may be demoted to the employee's . previously held class oP positions at the discretion of , the EMPLOYER without eppeal to the provisions of Article 23 (GRIEYANCE PROG�DURE). 6.22 An employee demoted during the promotion8l � . . probntionary period shall be returned to the . • employee's previously held cla�ss of positions and . • shall reccive a vrritten notice of the reasons for demotion, e cop�• of �rhich shall be sent to the UNION. � , . • 6 - � �. � . � '� . � �66650 ARTI�LE VII - PfiIIASOPHY OF EMPIAYMEPtT AND C(�'ENSATION ' 7,1 The EMP'LOYER end the UNION are in flill agreement that the pY►ilosop!►y of employment and compensation shall be a "cash" bourly wage and "industry� fringe benefit system. � �7�2 The EMpLOYER shell coarpensate employees for all hours worked at the basic hourly wage rate and h�urly fringe benefit rate as found in Articles 12 (WAGES) and 13 (FRINGE BE='lEFITS)• , 7.3 No ot�er compensation or fringe b enefit shall be accumulated • or earned by en employee except as specifically provided for . in this AGRE��i'T; except those employees who have individually optioned to be "grandfathered" as provided by 12.2. � • . . „ ? �' • y �. - ARTICLE t'III - HOURS OF WORK � 8.1 The normal work day shall be ei�ht (8) consecutive hours per day,��L'Sc U J� excludin� a thfrty (30) minute unpaid lunch period�, between 7:00 a.m. and 5:3o p.�a. � � 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 AGREEr�NT, it is necessary in the EDfl'LOYER'S jud�ent to establish second and third shifts or a work week of other th�n rionday through k�iday, the Ur1I0N agrees to enter into negotiations i�nediately to establish the conditions of such shif`ts and�or work weeks. $.4 , This section shall not be const�ued as, and is not a guarantee of, any hours of work per normal wor?� day or per nornal work week. 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the establislie�i starting time ar.d 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 k3+�iPLOYER as provided by Article 10 (CALL BACK). 8.7 bnployees reporting for work at the established starting time and • for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not � to report for work prior to leaving home, or during the previous work day. ••. .. 8 - � ARTIC'LE IX - OVERTIME � . . 9.1 All overtime compenseted for by the �IAYER must receive prio,��6'6'So eutborization from a designated Er4'IAYER supervisor. No overtime , • - � �a�ork claim frill. be honorcd for payment or credit unless approved in advence, An overtime cla9m will not be honored, even though sho�n on the time card, unless the required advance approval has been obtained, , 9.2 The overtime rate of one and one-half (12� the basic hourly rate • sha21 be paid for work perfonned under the follosring cire+�.mstances: 9.21 Time �aorked in excess of eight (8� hours in any one normal work day and � 9.22 Time worked on a sixth (6th) day following a norm�l �rork week, 9•3 The overtime rate of two (2) times the basic hourly rate shall be paid for krork perfor�ed under �he following circ•anstances: 9•31 . Time worked on a holiday as defined in Article 16 � (HOLIDAYS); • 9•32 Time wor!ced on a seventh (7�:�) day following a � normal �rork week; and • � 9•33 Time worked in excess of twelve (12� consecutive Y�ours in a twenty-four (2�:) hour period, provided, that ell � "emergency" work required by "Acts of God" sr.all be •. �eompensated at the rate of one and one-half (12�, 9.�+ For the purposes of calculating overtime coir.pensatian overtime hours Work.ed she21 not be "pyramided", compounded, or peid twice for the se�me hours uorked. ' 9•5 Overtime hours s,orked es provided by this ARTICI.E shall be paid in cash. ' �'• _ g . . . . � ��. � � i . . . . 666� �� X - � �� . 4 10.1 The EMf'IAYER retains the right to ce12 back employees before an � � employee has started a no�mal work day or normal �ork �eek and ' after an employee has completed a nonnal work day or normal work f►eek. 10.2 IIuployees called back shall receive a minimum of four (4� hours . pay at the basic hourly rate. ~ . 10.3 The hours worked bssed on a cell-beck shall be compensated in � accordance wiLh Article 9 (OVERTIME), when applicable, and subject to the minimum established by 10.2 above. 10,4 �iaployees called back four (4) hours or less prior to their nornial wurk day shall complete the normal Work day and be cempensated only for the overtime hours worked in accordance with Article 9 � (OYERTIME). � �' ' • �,O � �:RTICZ.E XI - WORK IACATI(3I� , FcESIDE,V��' ,26'6'��O I1.I E�ployees shell repart to work Zacation as assi�ed t�� a desi�n�ted E2�F,OYER sugerv-isor. Durir.g the noz�al work day errplayees mr�.y b� assigt:ed to other work locati�ns at the discretion of the E+`�'LCy's'�t. 1Z.2 F�ployees e�signed to wc�rk locations du�ir.� thn nonaal �ork day, other than their original ass�g::ment, and who are req�sired �o fsrnish their o�,*x� trsnspnrtation shali be co�rgensated for mileage. 1I.3 k�2 empioyees appointed 3PtE: �anuary 1, i976, w�uld b� reouired to reside in tne City of Saint Psul within one yea,r of trzeir appaintarer.t, and the:eafter woL1.3 be recuired to remain within the City ii�its as lor:g as �ney were explayed b,y �'r�e City of Sain� Paui. �1.4 �'�is resi3enc;�• requirement shall apply to �.u1rl�ssY:iea emnlayees au weli as classified espl•ayees. i1.5 Applican�s For posiLio:.s in t`r:L Ci�3T oQ Saint F�aul �ri'1 r.ot be rpc:tzired to �e residents of the City of Saint Faul. 11.b �rsp2oyees �ailing to �eet the x�sidency require�e:�t K�11 be sub,;ect to terminatior. ar.� a ri�Ar:n� pr�cess sha13 t�e es eablished to detez�nir.e whether the revidency rPnuire�.�nt was m�t. - 11 - ARTICLE XII - WAGES "��65 � 12.1 The basic hourly wage rates as established by Appendix C shall be pa�id for all hours worked by an employee. 12.2 Employees who are covered by the f�inge benePits listed belaw shall continue to be covered by such benefits. They shall be sub�ect to all other provisions of the AGRE�E�T, but shall not have hourly Pringe benefit contributians and�or deductions made on their behalf aa provided for by Article 13 (FRSNGE BEL�TEFITS). 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. 6446, Section 1, Subdivision F. 12.24 Nine (9) legal holidays as established by Ordinance No: 6�46, Section 1, Subdivision G. 12.25 Severence benefits as established by Ordinance No. 11490. - 12 - . � '�6�6 �0 ARTICLE XII - WAGES - continued 12.3 Regular employees not covered by the flringe benefits listed in Article 12.2 shall be considered, for the purposes of this AGREII++iE'NT, participating employees and shall be campensated in accordance with Article 12.1 (WAGES) and ha.ve fringe benefit contributi.ons and�or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS). 12.4 Provisional, temporary, and emergency employees shall be considered, for the purposes of this AGRE�IT, participating emplayees 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 B�ENEFITS). 12.5 All regular employees employed after February 15, 1974, shall be considered, for the purpose of this AGREEMEI9T, 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 BF�TEFITS). • - 13 - .. ' , ABT�CI,E 7CIII - �'RINGE BEI�IEFITS �� . s�5a 13.1 The EMPLOYER shall mske contributions on behalf of end�or � me�ke deductions from the wages of employees covered by this AGRF�b�NT in accordance xith Appendix D for all hours worked, - � . , . � ' • li� •� � . _ . . ARTICLE XIV - SELECTION OF FORF�AN AND GENERAL FOREMAN �� 6s50 14.1 The selection of personnel for the class of position Foreman shall remain solely with the EMPIAYER. 1�+.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 on}.y at the diz�action of a designated EMPIAYER 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 - • . y . ARTICLE XV - RETIF�SENT _ ._ � . lo ees shall retire from employment with �he EMpLO� 2s�'['S 15•1 All emp Y U o no later than the last calendar day of the month in xhich �+n . employee becomes sixty-five (65) YeBrs old. r . 16 `• � e • � . � - •�� ' ARTICLE XVI - AOLIDAYS . 16.1 The following nine (9) days shall be designated as holidays: . Her► Year's Day, January 1 ��^ president's Day, Third Monday in February a��O . M�morisl Day, lest Monday in May Independence Day� July �+ ' � I,t�bor Day, first Monday in September Columbus Day, second 2�anday in October � Yeteran's Day, November 11 • • Thenksgiving IIay, fourth Thursday in Ploveznber Christmas Day, December 25 1(>,2 When New Year's Day, Independence Day or Christmas Day falls on a _ Sunday, the following Mr�nday shall be considered the designated holiday. When any of these three (3� holidays falls on a Saturday, the preceding �'iday shall be considered the designated holiday. 16.3 The nine (9) holidays shall be considered aon-work days. 1(.1� If, in the 3udgment of the EN�IAYER, Fersonnel are necessary for operating or emergency reasons, e,mployees may be scheduled or ' � "called back" in accordance with Article- 10 (CALL BACK). - 16.5 �ployees �rorking on s designated holidey shall be compensated at the rate of tWO (2) times the basic hourly rate for all hours tirorked. _ i7 . , � . � ARTICLE XVII - DISCZPLINA.RY PROCEDUFtES � � 17.1 The EMPLOYER shall have the right to impose disciplinary actions on . employees for �ust csuse. � ��vVSo 17.2 Disciplinary actions by the EMPL07�R shall include only the . following actions: � 17.21 Oral reprimand . � � 17.22 Written reprimend i 17.23 Suspension 17:24 Demotion " 17.25 Discharge � 17.3 F�nployees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Coammission or a designated Board of Reviex. The Civil Service Commission, or a designated Board of Review� shall be the sole and exclusive mear.s of reti�iewing 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 provi'sions of Article 23 (GRIEVAI�'CE PROCIDURE). • ° �,(7 w • y•. . . � ' - , . . �� sso ARTICLE XYIII - ABSENCES FROM WORK . 18.1 F�nployees who are unable to report for their nozmel xork day have tbe responsibility to 1iotify their supervisor of such absence as soon as possible, but in no event later than the beginning of such , x�rk day. � 18.2 Failure to make such notification may be grounds for discipline . as provided in Article 17 (DISCIPLIIV�Y PROCEDURES). �„ 18.3 Failure to report for work rrithout notification for three (3) consecutive normal work days may be considered a "quit" by the EMPI,OYER on the part of the employee. � . . _ 19 _ � � .. � ARTICLE XIX - SEIYIORITY • �� ' 19.1 � Seniority, for the purposes of this AGREgiEP"T, shell be defined as folloxs; � 19.11 "Mastez• Scniority" - �he length of continuous regular • end pro�ntionary service with the E:�IAYER from the lest date of employment in any and all class titles cavered by this AG��NT. • , 19,12 "Class Seniority" - the length of continuous regular and probAtionary service with the �SPIAYER from the � date an employee was first appointed to e class title . covered by thi s AGR�r�NT. � 19.2 Seniority shall no`. accumu�ate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty . (30) calendar days; is granted because of illness or in�ury; is grented to allow an employee to accep� an aFpointment to the unclassified service of the Et�'c'LOYER or to an electEd or appointed flill-ti�:e positior. �rith the [TNION. . � 14,3 Seniority shall terminate when an emplo;�ee retires, resigns, or is . discharged. 19.� In the event it is detezznined by the �IPIAYER taat it is necessar,y to reduce the work force employees wi.11 te leid off by class ti.le within ' eech Department based on inverse length of "Class Seniority." bnployees lafd off shall hAVe the right to reinstatement in any loWer-paid class title, provided, eisployee has greater "biaster Seniority" than the employee being replaced. 19.5 The selection of vacation periods shnl2 be made by cless title besed on length of "Class Seniority", sub�ect to the epproval of the Et�LOXER. _ � - 20 • • �, . ARTICLE �C7CI - SEPARATION �,��6�'� , a 21.1 �ployees heving n p�obationary or regular ev,ployment status shall be considered separated from enployment based on the following • e�ctions: � 21.11 Resi�nation, F�ployees resigning from employment shell give Written notice fourteen (14) calei�dar � days prior to the effective date of the resignation. 21.12 Retire�:ent. As provided in Article 15. . � . ?1.13 DischarFe. As provided in Article 17, � 21.1�+ Pailure to Re�o*'� for I?utv. As provided in Article 18. 21.2 �ngloyees having an emergen^y, temporary, or provisional employme:�t atatus may be terminated at the discretion of the F��IAYER before the completion of a normal work day. • - � • 22 - . y . . . � - . �66s5o 'ARTI CLE )IXII - TOOL4 ._ ' . 22.1 All employees shall personelly provide themselves with thc tools • of the trade as listed in Appendiz B.� � .• ' • • � • �. � �3 . • . , • �, : •. ARTICLE XXIII - G�� D� 26665p 23,1 The EMF'LOYER shall recogniZe Ste�wsrds selected in accordance rrlth UIVION rules and reguletions as the grievance representative o:' the bargaining unit, The LTNI021 shall notif�r the F�'LOYER in Frriting of the names of the Stewards end of their successors When so named. •23.2 It is recognized and accepted by the E�iPIAYER and the UNION that the pz�ocessing of grievances as hereinafter protiTided is limited by the �ob duties and responsibilities of the employees and shall tnerefore be ncco�tplished during workin� hours on�y when consistent with such . employee duties and responsibilities. The Steward involved and a . grievi:�g ewployee shall su�ier no loss in pay when 8 grievence is pro- cessed during •.rorking hours, provided, the Ster��ard and the employee have . notified and received the approval of their supervisor to be absent to proeess a grievance and that such absence would not be detrimental to the work progrsms of the EMP7AYER. 23•3 The procedure established by this ARTICIE shsll be the sole and exclusive procedure, except for the agpeal of disciplinary action as provided by . � � 17.3, for the processing of grievances, rrhich are defined as an alleged violatioa of the terms and conditions of this AGREEI+�NT. 23.4 � Grievances shall be resolved in conformsnce with the following procedure: S. tep 1, Upon the occurence of an alle�ed violation oP this AGREEh�hT, the employee involved shall attempt to ' resolve the matter on an informal basis xith the • 2y w .,y • •. � 'ARTICLE XXIII - GRIEVANCE PROCEDURE (CONTZ2dUF.'D) .� � . 2��50 , � , employee's supervi sor. IP tr�� ma�tter is not resolved t,o the employee' s satisfaction by the informal discussion ` it may be reduced to Writing and referred to Step 2 by� the U1�ION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alle�ed section(s) of the AGREEMENT violated , and • � the relief requested. Any alleged violation of the � AGREEMEI�'T not reduced to writin� by the UI�TION �i.thin ' seven (7) calendar days of the first occurrence af 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 :ise to the . grievance, shell be considered waived.. Step 2. Within seven (7) celendar days after receiving the � . trritten �rievance a designated EbiE'LO`lER supervisor shall • meet with the UNION Steward and atter�pt to resolve the grievance. If, ss a result of this meeting, the grievance remeins unresolved, the EMPIAYEA shall reply in writing to - the UNION wii.hin three (3} calendar days following this � meeting. The UIdION may refer the• grievance in writing to � � Step 3 within seven (7� cslendar days following receipt oP the II�SPIAYER's wY'itten answer. Any grievance not rcferred in `rriting by the UNION within seven (7� calendar, days following receipt of the EMPIAYER'S answrer shall be � considered waived. • � .. _ 25 _ • _ • . . . . i . • ., . pRTICLE. XXIII - GRIEVANCE PROCEDURE (CONTINUED� . �n� O s�o i . ��p 3, Within seven (7) calendar days following receipt of a . � . � grievance referred from Step 2 e desienated EMPLOYER � • supervisor shall meet with the UZ`tION Business Manager � . or his designated representative and attempt to resolve the grievance. Within seven (7.) calendar days following this meeting the EI++�IAYER shull reply in writing to • the UI�TION stating the �iPLOYER'S answer concerning'' the grievance. If, as a result of the Written , response the grievance remains unresolved, the ITNION mey refer the grievance to Step 4. AnY 8rie�ance not referred ta in writing by the tJNION to Step �+ witY�in - seven (7) calendar days following receipt of the . g�IAYER'S answer shall be considered waived, Step 4. If the grievance remains unresolved, the U1�TI0:1 maY • �rithin seven (7) calendar days sfter the response of the EtdPLOYER in Step 3, by w='itten notice to the , . �IpIpyER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an ' � � arbitrator to be selectQd by iuutual agreement o� tY�e Et�LOYER and the UIZION within seven (7) calendar � • days after notice has been given. If the parties • • fail to mutually agree upon an arbitrntor within the � � safd seven (7) day period, either party may request the Public �rnployment Relation Board to submit a - 26 - . . � . , ' 'ARTICI,E XXIII - GRIEVANCE PROCEDURE (CONTINUED�� , . � � � �'�s6s50 penel of five (5) arbitrntors, Both the EMPIA • end the UI�TION shall have the right to strike txo � (2� names from the panel. The U?7�ON shall strike . the first (lst) name; the II�IAYER shall then - strike one (I) name. The process will be repeated . end the remaining person shall be the arbitrator.y • 23•5 The arbitrator shall have no right to amend, modif�, nullify, i�ore, add to, or subtract from the provisions of this AGRE�,'t�NT. The arbitrator shall consider and decide only the specifi.c issue submitted in writing by'the E.'�iPLOYER and the UPIION 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 inconsistent with or modifying or varying in any way the application of Iaws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (3) days following close of the hearing or the submission of briefs by the parties, uhichever be later, unless , the parties agree to an extension. The decision shall be based solely on the erbitrator's interpretation or application of the ' • express terms of this AGR'EEMENT and to the facts of the grievance presented. The decision of the arbitrutor shall be final and binding on the EMPIAYER, the LTNION, and the employees. , .• M � � . • �1 � � . �� _ 2s665p . aKr�c� �acizi cxzEVArrcE �ocEDV� (cor��rzxuEn) 23,6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPIAYER snd the UNION, provided that ' e�ch party shall be responsible for coaspensating its own representative • and �ritnesses. If either party desires a verbatim record oP the proceedings, it may cause suc!� a record to be made prov�ding it pays for the record, � 23.7 The.time limits in each step of this procedure may be extended by mutusl agreement of the EMPIAYER and the UNZON. � � • � _ _.._.._._�...... _ _ .,a -.�.... ARTICI,E XXN - RICHT OF SUBCONTRACT ' 2k,1 The EMPI,pYER may, nt any time during the duration of this � AGRF�NT, contract our work dore by the employ ees covered ��"o by this AGI�EZ+�NT. In the event that such contracting would � result in n reduction of the work force covered by this pGREEMENr, the EMPLOYER shall give the �OId a ninety (90) calendar dey notice of the intention to sub-contract. . r 24,2 The sub-contracting of worl: done by the employees covered � by this AGRE��PiT shall in all cases be mede only to employers taho qualify fn accordance with Ordinance No. 1�013. _ , � � . , , « � � • � . . . , � ' ' ARTICLE �OCV - NON-DiSCR�rtAT10N 25.1 The terms and conditions of this ACAEEh�NT will be applied to ,�6'� ��O employees equally without regard to, or discrimination for or egeinst, any individual because of race, color, creed, sex, � � ege, or becnuse of inembership or non-membership in the UNION. ' 25.2 Employees wi1Z perform their duties end responsibilities in � . � a noD-discriminatory manner as such duties and responsibilities involve other employees and the general public. � � Y �v • ' � ` . ART�CLE XXYI - S�VERABILITY 26.1 Ia the event that any provision(s) of this AGREEMENP is declar�Us6'5 � to be contrary to lax by proper legisletive, sdministrative, or �udiciel authority from Whose finding, determinstion, or decree � no appeal is taken, such provision(s� shall be voided. Al1 other provisions shall cnntinue in ftill force and effect. 26.2 ihe parties e�ree to, upon written notice, enter into ne��tistions to place the voided provisions of the AGREEMEPtT in complinance xith the legislative, administrative, or 3udicial determination. . . ' ' ,� � � � � . � . ARTICLE XXVII - WAIYER � . 27.1 The EMPIAYER and the UNION acknowledge that during the meeting � and negotiQting which resulted in this AGR�:MENT, eech yad the �� . right and opportunity to make proposals xith respect to eny sub3ect concerning the terms end conditions of employment. The , agreements end understandings reached by the parties after the " exercise of this right are flilly and completel;; sct forth in � this AGREE�fEI�. " 27,2 Therefore, the II�fPIAYER end the tlNION for the duration of this AG��NT agree that the other pary shall not be obligated to meet end negotiate over any ter� or conditions of employment whether specifically covered or not specifically covered by this - AGREE2�NT. The tT2iI0N and EbiPLOYER may, however, mutually agree to modify any provision of this AG�-�NT. � � 2'j,3 Any end all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms end . conditions of employment, to the extent they are incon�istent . with this AGRE"t��NT, are hereby superseded. • " � � � � . 1 I � � ARTICLE XXVZII - CITY 2�ffLF.AGE PIAN 'C`"6'6'S 0 28.1 Automobile Reimbursement Authorized: Pursuen� to Chapter 92A of the �. . St. Paul Legislative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own eutomobiles in the performance of their duties, the follo�ring provisions are adopted. �8,2 Method of Co�rutation: To be eligible for such reimbursemen: all officers and e�ployees mus� receive written authorization from the Mayor. Reimbursement shall be made in eccordance with one of the follow:.ng plans: T,yoe 1. For those officers and employees who are required to use their o�n auto:,.cbiles occasionelly for offici�l City busir.ess, rei.:,bur�ement at the rate of 13 cents for each mile driven. Type 2• �br those officers and e�^ployees who ere reauired to use their own auto:�obiles on a reguler basis en City business, rei^burseaent at the rate of $2. 50 for each day of wor�, snd in addition thereto et the rate of 6.5 cents for eacn mile driven, 28.3 Rules and ReRulations: The I�yor shell adopt rules and regulations governing the procedures for eut�mobile rei�bursener.t, which re�ulations and rules shall contain the requirement that recipients she12 file daily reports indicating place of origin and destination and applicable mileage ratings thereat and indicating total miles driven, and shall file monthlv affidevits statin� the number of days wor�sed and the number of miles driven, and ftirther required that they maintein automobile liatility insurance in amounts not less than $100,000/3Q0,000 for personal injury, and $2�,000 for property damage. These rules and regulations, together �ith any amendments therEto, shall be maintained on file �rith the City Clerk. 28.4 The provisions af this Article shall not apply to employees of Independent School District No. 625. - 33 - . ` ARTICI,E XXIX - MILE1lGE • INDEPENDENT SCHOOI► DISTRICT �/625 , , . �� 29.1 F�nployees of the School District under policy adopted by the �50 Boerd oP Education may.be rcimbursed for the use of their auto- mobiles for school business, To be eligible for such reimbursement, . employees must receive authorization from the District Mileage CoaIInittee utilizing or.e of the following plr�ns: � � pIAN "A" is reimbursed at the rate of 15� per mile. Ir. addition, a maxiiuum a�ount which can be paid per month is estabYisi,ed by an estimute flirnished by� , the employee and the employee's sugervisor. ' . Another consideration for establishing the maximum e�nount can be the experience of another working in the same or similar position. Under this plan, it is necessary for the employee to . keep a record of each trig made. pLA�t "C" provides for reir�burseraent based on a per , mont�lu.-np swm" aa:ount. This amow�t is determined by the e�ployee' s driving e�erience ur.der Plar_ "A" for a period of 3 to 6 a:onths. Those employees receivir.g an anto allow-ance Lnder this plan nust � report mo:thly the ni:.�aber of days the car was avail- - � able durin� the month. A deduction must be mode ' from the lump sum amount for each day the employee is on vacation. A deduction need not be made for an occasional day of illness or for holiday. � . . � �� Y , ' � ARTICLE 7QUC - DtTRATION AND PLEDGE � , ^ 30.1 This AGREEMEI�T shall become effective ss of the dete of '�bse50 signing, e�ccept es specific�lly provided othsrwise in Articles 12 and 13, and shall remain ira effect through the 30th de,y nf April, 1974, and continue in effect fro� year ta year theret�fter unless notice to change or to terminate is �iven in the mr�nner provided in �"j,2. 30.2 If either pnrty desires to tera�!ina�e or modif'y this AC�REF�II�TT, eYfective as of the �iste ot' e�iration, the party wishing to modify or terminate the AGR�T shell ��vP written notice to the ather party, not mc�re than ninety (90) or less than sixty (E�3) calendsr days prior to the ex�iration date, g+rovided, that the AG�1VT �aay only be so terminateci or modified effective es of the eatpir�tion date. ., �.? In consideration of the terms and eonditions of �ployment establ.ished by this AG�N�.'1�'I' end the recogrsition th�t the CRIEVANCE P�O�Bq7RE herei� established i.s the means 3sy which grievences concernin� its appl9.cation ar interpretetion ma�y be pesceflx�l�� resolved. the paxti.es hereby gaZ�d�e th�t during the t.err�n of th� A�FtE�1�T: 30.31 Th� �ON and the e�ploy�es �will not eng�g� in, insti�ste, or cQn�ion� any c�ncerted a�.tion in which P_BTp1U�ga.'fi fail. to r.epc�xt for duty, �aill�ally �bsent �k�r�s,s�lves frc�m work, stc*� work, slow down ttaei.r �rark, or absen� themselves in � � :;5 _ I . ARTICLE X30: - DURATION AND PLEDGE (CONTIFIUED) � in whole or part f�am the flill, faithflal performance of their duties of employment. �6s65Q 30.32 The �SPLOYER will not engage in, instigate, or condone any lock-out of employees. 3�•33 This constitutes a tentative agreement between the parties which will be recommended 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 subject to ratification by the Associatian. AGREED to this 30 day of Dec. , 1975 , and attested to as the flill and complete understanding of the parties for the period of time herein specified by the signature of the following representa.tive for the II�SPIAYER and the UNION: WITNESSES: OPERATIVE PLASTERERS' AND CII�IENT MASONS' INTERNATIONAL ASSOCIATION, CITY OF INT PAUL LOCAL 560 � BY. - City otia Busines Aianager BY: BY: • BY: �: Civil Service Co;mnission BY: BY: Mayor BY: City Attorney BY: Independent School District No. 625 _ 36 _ � APPENDIX A 2sss5o The classes of positions recognized by the EMPLOYER as being exclusively represented by the UNION are as follaws: Cement Finisher Apprentice and other classes of positions that may be established by i�he , F.MPIAYER where the duties and responsibilities assigned cames within the �urisdiction of the �`:ION. � , - A1 - : � ,�ss , , �so ' ' APPENDIX C The basic hourly wage rate for provisional, regular and probationary employees anpointed to the following classes of positions and not receiving Fringe Benefits listed in Article 12.2 shall be: Effective Effective J�Y 7� 1975 Oct. 15,1g75 Cement Finisher . . . . . . 8.?3 $.92 Apprentice The basic hourly wage rate for temporary and emergency employees appointed to the following classes of positions shall be: Effective Effective July 7� 1975 Oct. 15,1975 Cement Finisher . . . . . . 9.08 9.28 The basic hourly wage rate for regular employees appointed to the following classes of positions, who are receiving the Fringe Benefits listed in Article 12.2 shall be: Effective Effective J�y 7� 1975 Oct. 15,1�75 Cement Finisher . . . . . . 8.23 8.�+0 - Cl - . . � � ��ss APPENDIX D so Effective July 7, 1975, the EMPLOYER shall: (1) contribute $ .40 per hour for all hours worked by participating employees as defi.ned in Articles 12.3, 12.4 and 12.5 of this AGREEMENT to a Health and Welfare �znd. (2� contribute $ .40 per hour for all hours worked by participati.n� employees as defined in Articles 12.3, 12.4 and 12.5 of t'�is AGREEMENT to the Pension F1znd. All contributions made in accordance with this Appendix shall be forward.ed to depositories as directed by the UNION. The II�'LOYER shall establish Wor�nan's Compensation and Unempl.oyment Compensation programs as required by Minnesota Statutes. The EMPLOYER'S frin�e benefit obligation to participating emgloyees as defined in lirticles 12.3, 12.4 and 12.5 is linited to the contributions and�er deductions established by this AGREEMENT. The actual level of benefits provide� to employees shall be the responsibility of the Trustees of t'r:e various fund� to which the EMPLOYER has forwarded contributions and,�or deductions. - Dl - , ; , �1,.� �� r'�� . ��t5�1 .� . . � � ��5�50 � MAINTENANCE IABOR AGREEMENT - between - � THE CITY OF SAINT PAUL, THE INDEPEidDENT SCHOOL DISTRICT N0. 625, - and - BRICKLAYF�iS, MASONS, MARBLE-MASONS, CII�NT BLOCKLA�RS AND TUCI�OINTERS IpCAL UNION N0. 1 , . �., • . � 256650 . IYdI).�C . tY.L711�'•r• 1� P�sJ� Preambl� iii I �'urpose � I� Recagnition � ��I �ugloyer �?ights � �y Union Ri�hts 5 y Scope of Agree�ent yx Pro'�ati.on�:;� Periods �' VII Philosaphy cf �pla;�ent �t�d Comk�.°�s�t�un 8 y�y�i Hours c�f T�'or?: � � Qvertiee � � �a2I Back �� . �Tork �catic�t , Resid�rscy �3 . �xI �Tages �` ,��I �rir.�e Benefits Z� X�� Selection a: �c�renan and s�nera�. ror�mt+n �-� � fie�ire�ent a�' x',�T �iolia$ys �` �C'JZI I!�:;cipliner�r :�rac�clures 3$ �.V�IZ �� v �bsen,es F•ro� �±ark ;� Seniority `� � .Tur.i s�icti��t `�� :,yT S��a r�t�on �` �� :ZT 'ioo2s �-., �CITZ G�aev�nce �-�cedur� �� n,v,�� Fa��t .,f Subccr�t:�ct c� � ?�or-Jiscri�ina�ion �� :�'r°T Se-:erauili�y . ?� ��.�� `W F$i��8 Y' .;;� ;�t��; Cit;� '`:�lea�e F3�a �� iile�ge I.D.S. 7i�� ?�` ;� L rati�n and Pleci�e �5 Ap��.�ix .n - Appen�i�c s� .�c�rera�.x G �j��7L'i'xC�1X Il' �.� � _ � . 266650. . :.: P R E A M B L E This AGREEMENT is entered i.nto on this 30 day of December,1975, between the City of Saint Paul and the Independent School District No. 625, hereinafter referred to as the II�LOYER and the Bricklayers and Stone Masons Union No. 1 hereinafter referred to as the U1vI0N. The El�LOYER and the UNION concur that this AGREEM�NT has as its objective the pron�otion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. The II�IAYER and the U1�tI0N both realize that this goal depends not only on the words in the AGREE'[�NT but rather primarily on attitudes between people at all levels of responsibility. Constructive uttitudes of the City, the UIdION, and the individual employees will best serve the needs of the general public. fii ' �., . � . . � . . �6665� . ,. . �z� � - �$ . . 1.1 The EP'iPIA7�R and the URION agree that the purpose for entering into this AG�MENP is to: � l.11 � Achieve orderly and peacef�,il relations, thereby establishing a system of uninterrupted operations and the hi�hest level of employee performence that 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 UIVION; 1.13 Establish procedures to orderly and peeceflilly resolve disputes as to the application or interpretation of this AGREEI��Ir'T without loss of manpower productivity. 1.2 The E't�LO�R and the tTNION agree that this AG��I�PP serves as a supplement to legislation that creates and directs the EMPLOYER. If any part of this AGREEMENT is in conflict with such legislation, the , latter shall prevail. The parties, on written notice, agree to negotiate , that part in conflict so thet it conforms to the statute as pmvided by Article 26 (SEVERABILITY). _ 1 � � � 1 � y + ..a...,.. • . ._ . . . ......_._... ._.�....�r..�..-•.�+.+...y,tlr�7^• � � . . � � �sss�o ARTICLE II - RE((�GNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisional, tenporary, and emergency employed in the classes oP positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case �No. 73�PR-537-A dated June 4, 1973. � 2�2 The classes oP positions recogniLed as being exclusively represented by the t1NI0N are as listed in Appendix A. � � - - i � t i i � � � — � _ � 4 ; � � ..s+�..�.a�l.�-..�^.-�-. i _ __�_.�_T.._._...._.,�....-�.--rt-----.�....._. t ; . - YER RIGHTS �'""��O ARTICLE III F�P� 3�1 The II�pLOYER retains the right to operate and manage all manpower, facilities, and equipment; to establish f�.inctions and programs; to set and emend budgets; to determine the utilization oP - technology; to establish and modif�r the organi�ational structure; to select, direct, end determine the number of personnel: and to per�'orm •eny inherent .managerial function not specifically limited ' by thi s AG�fENT. . 3.2 pny "term or condition of employment" not established by this AGFrEQ�NT shall remain with the EMFIAYER to elininate, modi�r, or establish following written notification to the t1NI0N. � . � 3'y . . . I • 3 r a � � i �' � • _.. ; ___ _ ? -- _ .. - • � .. ARTYCLE N • UlQION RIGHTS � ��0 4,1 The II�'LOYER shall deduct from the wages of employees xho authorize such a deduction in writing en amount necessary to cover monthly � IINION dues. Such monies deducted shall be remitted as directed by tbe iJNION. ��1], The EMPIAYER shall not deduct dues from the wages oP �emgl.ayees covered by this AGREEMEI�T for any other labor organization. �+.12 The UIJION shall indemnif�t and save harmless the II�IAYER from any and all claims or charges made � against the E2�'LOYER as a result of the implem�ntation of this ARTICLE. 4,2 The UI'ION may designate or.e (1) employee from the bargaining unit to ect es�a Steward and shall inform the Et�LOYER in writing of such designation. Such employee shall have the rights and responsibilities as des;�ated in Article 23 (GRIEVAItCE PROCEDURE)• 4,3 Upon notification to a desi�neted EMPIAYER supervisor, the Business Manager of the UNION, or his designated representative shall be � permitted to enter the facilities oP the EA+�IAYER where en�+loyees covered by this AGREEMENT are working. � � � � � � � � . . � . - � _ OF THE AGFrEEMENT � �"��0 A�ICLE Y SCOPE 5,1 This AGREEt�Nr establishes the "tenns and conditions of employment" defined by M.S. 179.63, Subd. 18 for all employees exclusive�y represented by the tJNTON. This AGREEMENT shsll supercede such "terms and conditions of employment" established by Civil Service Rule, Council Ordi�►ance, and Council Resolution. � • � • . . . _ 5 _ � , � � . .. � � . . � �66650 AR�ICLE VI - PItOBATIONARY PERIODS � . 6.1 All personnel, originally hired or rehired following separetion, in ' a regular employment ststus shall serve a six (6) month's probationary ' period during which time the employee's fitness and ability to perfor.n the class oP positions' duties and responsibilities shall be evaluated. fi.11 At any time during the probati�onary period an . � employee may be termi.nated at the discretion of the � r Et�LOYER without appeal to the provisions of � Article 23 (GRIEVAI�CE PROCEDURE). - 6,1.2 An employee terminated during the probationary period sball receive a written notice of the reason(s) for such termination', a copy of which shall be sent to the UNION. - � . ' . 6.2 All personnel promoted to e higher class of positions shall serve a . six (6) months' prcmotional probationary period during which time the employee's fitness and ebility to perform tY:e 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 , previously held class of positions at the discretion of the EN�LOYER without appeal to the provisions oP Article 23 (GRIEVANCE PROC.'IDtTFtE). 6,22 An employee demoted during the promotional . • probetionary period shsll be returned to the . employee's previously held class of positions aad � � shnll receive n �rritten notice of the reesons for demotion, e cop� of Which shall be sent to the UHIOF. ; � , { � ti � ; � - 6 - � � ___ ---.-.,�-: . , •. . .. ARTICLE VII - PIiIIASOPHY OF EMPIA7tI`�NT AND Ci�rIl'ENSATION ��+c�O V ?.l The Et�T,pYER and the UNION are in ftill agreement that the � � philosop�►y of employmen* and compensation shall be a "cash" . hourly wage and "industry" fringe benefit system. 7�2 �'he EMpI,pYER shall compensate employees for all hours worked et the basic hourly wage rate and hourly fringe benefit rate as found in krtic2es �32 �(WAGES) .and 13 (FRINGE BE:�EEFIT3)• ,. . 7,3 No other campensetion or fringe benefit shall be accumulated . or eerned by an employee except as specifically provided for . in this AGI�Et�'iZT3 except those employees who have individually optioned to be "grandfathered" as provided by 12.2. - 7 ._ . . � ___--- � ...,-_._ .. ARTICLE VIII - HOURS OF WORK . �"�6s5O 8.1 The normal work day shall be eight (8) consecutive hours per day,� excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:3o p.m. 8.2 The normal work week shall be five (5) consecutive normal work � days Monday through F�iday. � $.3 If, during the term of this AGREEMENT, it is necessary in the EMPIAYER'S �udBment to establish second and third shifts or a work week of other than I�ionday through Friday, the UPdION agrees to enter into negotiations i�ediately to establish the conditions of such shifts and�or work weeks. 8.4 . This section shall not be consti�ued as, and is not a guarantee oP, any hours of �rork per normal work day or per normal work week. 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the establishe� starting time ard shall remain at an assigned work location until the end of the established work da�� unless otherwise directed by their supervisor. 8.6 All employees are sub�ect to call-back by the II�IPI,OYER as provided by Article 10 (CALL B�ACK). _ $.7 IInployees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. � ; ti � { , - 8 - ; . _.____.___�-�_.�. ,..,.�. . � . •" ARTICI.E 1X - OVERTII�+lE '' � �b'66'�0 , , 9,'1� All overtime compensated for by the �IPIAYER must receive prior authorization from a designated EMPIAYER supervisor. No overtime raork claim �rill. be honored for payment or credit unless approved in edvance. An overtime claim will not be honored, even though s1wWn 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 shall be paid for work perfor�aed under the following circ�umstances: 9,21 Time worked in excess of eight (8) hours in any one . normal work day and 9.22 Time worked on a sixth (6th� day following a normal �rork week, 9•3 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under �be following circumstances: 9•31 Time worked on a holiday as defined in Article 16 . (xozrnaYS); � 9•32 Time wnrked on a seventh (7th) day following a normal rrork �eek; and 9•33 Time worked in excess of twelve (12) consecutive hours in a twenty-four (2�t� hour period, provided, that all � "emergency" work required by "Acts of God" shall be . comperisated at the rate of one and one-half (12). ' 9,4 Fbr the purposes of calculating overtime compensation overtime hours �torked shall not be "pyramided", compounded, or paid twice Por the ; same hours �►orked. ; 9,5 Overtime hours worked es provided by this ARTIGZE shell be paid in ; cas2►. . � _ 9 � ; __.._ __,_.�.. ,__ _. _ , .� .� � � � . � 266650 � � �� X - �, �� . . 10.1 The F.MPIA7tER retains the right to call back employees before an e employee has started a no�al �a�ork day or normal work Week and e�fter an employee has completed a normal work day or normal work Week. � 10.2 F�aployees 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, end sub3ect . to the minimum established by 10.2 above. 10.4 Employees called back four (�+) hours or less prior to their normal wurk day shall complete the no�al work day and be ccmpensated only Yor the �vertime hours worked in accordance with Article 9 (OYERTIME). ; . + . t • 10 - - • , ?...�,.�,.�._..� ._ �TICLE X' - W�RF: I�3Ch:ZCIS , ps .-�•• iG•�s��o i u:a J:Jil:�l'r..}. 11.1 �pZo�ec� shQiz rcpor� ta wark ;.acr��io� as assi�:ed by a c�::irr.4te� r�F'.�':��R su�er�.�s�M. Du:ia:a tihe narsa? work duy Erplayces �:�y b� assf�:Ed tn other �,re:'r: lncatf^:is et �he 41s�ret�cr, af the F'^�:LuY"�:. �2.� �ii�Q;jE'°:i BaSi�if:� �'i.Q �'.^I:.�'�: 1.4C�3'�`.�C1�:S �L:�iI:._^. v�:�' T,OTSQI. `i0:}L �2Ayf oL'.:er th:r. ;?:eir or3�in�:. �s��::�^ent, end �«^o a:e :^�*cisired vo �srnish . L'c,�ir s��:i trar.sp�r�gticr. akzell be cc�e�.sated �'ar �iler�ae. ?�.� ��1 ec�t.ic.ye�s �Fpcint�� ai�cr „�ru�r;; i, i�76� kGLIGZ �E renui:��.� ±.J CEF,7.GC' _.. �`..:"�F'_ �.i�y Of a��iilllit :'YSi::I �til�rl�?7 G:7.�..' ;yE.:. D° �:lE:�T' 3C!F':...:i�i'C2"'.4� .:ny tii�rE:.t`'�E'2' 'w��;:.i.� �7F` re�^�,:.:re:t t� re�aic� k;.t::in „'.^.� Cit;� :.iu�itc �?ti �ar.¢ �s t.::cy .t:re Ez�ylnyet� �•;, �::� Cit;� oi �ain� Psul. .�...1+ i.Zl$ :c::.ii'.�nT�_�' '_�E'GLli�"ei.',.°:�i`l. ..,";i3:i ..°.a'?Lai'✓ :.O ��.'�.n;$:..:P.� nn��`�'y*F�,�,� „'_ .:eli 2:. ,�:.8,::fie� e'r:_ .ye�... :� j !:_.^.� a_� .%?i...o �'::� 2.0.:�..�:.,.':.:a l:. t.i... tii�� iJ� .3"_i.,� Fsi:� ::s-i T:O� C1e' . . �l:l. . . �� t�e res?�e;n:s ,._ �r_:� „_�.;; c;: :..�:i�,� :a4�. iL.r rr�p'•_cye�S i33�1A� '.G ,.^.�� fl° I'":it�s°Tl�� _ : ..:F';C:i� ti:�1 Cf.' .,i.`:�,j: .:4 :O te2""i;.j.7:3i.�Cu^. ..::. � is°.;a3'e:�_ ,:Tti'�_ .., .;::3i� G� �:. .�l�,�i�_.:::LC °.O G�':LS"iI'ic: 'r.'.,,.'.�.t:°Z' Ll�n ��Sl.j�:'1':�- Y'F..^✓U.:._ ._.....�. .. 1i3:' i.".'�. � 11 - � . , � � � ��66650 ARTICLE XII - WAGES , 12.1 The basic hourly wage ratea as established by Appendix C shall be paid for all hours worked by an employee. _ 12.2 baployees Who are covered by the fringe benefits listed belo�r shall continue to be covered by such benefits. '�hey shall be sub�ect to all other provisions of the AGREII�NT, but shall not have hourly flringe benefit contributions and�or deductions ma.de on their behalf as provided for 'by Article 13 (FRIRGE BENEFITS). 12.21 Insurance benefits as established by City of St. Paul Resolutions. � 12.22 Sick Leave as esteblished by Ordinance No. 3250, Section 35, Subdivision E. 12.23 Vacation as established by Ordinance No. 6446, Section 1, Subdivision F. 12.24 Nine (9) legal holidays as established by Ordinance No. 6�+�+6, Section 1, Subdivision G. 12.25 Severence benefits as established by Ordinance No. 11490. ti - 12 - �6s65p ARTICLE XII - WAGES - continued 12.3 Regular employees not covered by the f�inge benefits listed in Article 12.2 shall be considered, for the purposes oF this AGREEN�NT, participating employees and shall be campensated 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 BENEFITS). 12.4 Provisional, temporary, and emergency employees shall be considered, for the purposes of this AGREE�IIIVT, participating employees and shall be cam- pensated in accordence with Article 12.1 (WAGES) and have fringe benefit contributions and�or deductions made in their beha.lf as provided for by Article 13 (FRINGE BENEFITS). 12.5 All regular employees employed after February 15, 1974, shall be considered, for the purpose of this AGREII�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 (FRINGE BIIVE�'ITS). ' - 13 - . . L ' ' ARTICLE XIII - FRINGE BEPIEEFITS 2'�'s�5o 13,1 The ENg'L07CER shsll make contributions on behalf of and�or make deductions from the wages of employees covered by this AGREEMENT in accordance �aith Appendix D for all hours worked. � P i ' -- 3 � ! ' ~ _ 14 . . . .__..____ .,_.�,..,.,�..,.,.-___-... ARTICLE XN - SELECTION OF FOREMAN APID GF,NERAL FORE�N �s6��O lk.l The selection of personnel for the class of position of Foreman shall remain solely with the E1�IAYER. 14.2 The class of position of Foreman shall be filled by employees oP the bargaining unit on a "temporary assignment". � 14.3 All "temporary assignments" shall be made only at the direction � of a designated EMF'IAYER supervisor. 1�+.4 Such "temporAry assignments" shall be made only in cases where the class of positions is vacant for more th�n one (1) normal work day. ; i � , � � ' 15 " � __.__�. . � . � . � � • � ARTICLE XVI - HOLIDAYS . 16.1 The follorring nine (9) days shall be desi�ated as holidays: Aex Yesr's Day, Januery 1 ��0 president's Day, Third MondAy in February . Me�orial Day, last Monday in May � Independence Day, July 4 � � �. y�bor Day, first Monday in September (�2'nmbus Day, second Monday in October � Veteran's Day, November 11 • Thanksgiving Day, fourth Thursday in Nove�mber � Christmas Day, December 25 1(.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following �Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 16.3 The nine (9) holidays shall be considered :ion-work days. 16.�+ If, in the �udgment of the ENiPIAYER, personnel are necessary for operating or emergency reasons, employees may be scheduled or - � "called back" in accordance with Article 10 (CALL BACK). 16.5 F�mployees working on a designated holiday shall be compensated at the rate of tWO (2) times the basic hourly rate for all hours tirorked. � _ i7 - � ; • . , . r �..�._.�..,.....�._�.,.__ , ' ,---- : • - ~ Fr� ss50 � ARTICLE XVZI - DISCIPLINARY PROCEDU�S � 17.1 The EMPIAYER shall hnve� the right to impose disciplinary actions on employees for �ust cause. 17.2 Disciplinary actions by the F�NiPIAYER shall include only the following actions: . " 17•21 Oral reprimand 17.22 Written reprimand � 17.23 Suspension 17,2� Demotion . 17.25 Discharge � 17.3 �Ployees who are suspended, demoted, or discharged shall have the right to request that such actions be revieWed by the Civil Service Commission or a@esignated Board of Review. The Civil Service Comm�ission, or a designated Board of Review, shall be the sole snd exclusive mear.s of reviewing a suspension, demotion, or discharge. No eppeal of a suspension, demotion, or discharge �hall be considered a "griev�+nce" for the purpose of processing through the provisions . of Article 23 (GRIEVAIJCE PROCIDURE). i . , � � � - 18 - ; � � . � � � � � ; . � ~ z � � • _ � _.�...�...,.......�.._...�..,.._-,...._.. . � � .. � .. . _ S �� Wo� . �s6650 ART�CLE XVIII ABSENCE 18.1 �aployees who are unable to report for their normal �rork day have the responsibility to notif�r their supervisar of such absence as soon as possible, but in no event later than the beginning of such xork day. 18.2 Failure to make such notification may be grounds for discipline as provid�ed in A-rtic�e 17 (DZSCIPLI�Y PROCIDURES). ,. 18.3 Failure to report for work without notificetion for three (3� consecutive normal work days may be considered a "quit" by the Et�P'I,OYER on the pert of the employee. . - 19 - � � � . . . , • . � • __. _ _ --�.,---�--.�T---�----�--�. '. . . ' ''. ' � ARTICLE XIX - SEI�IIORITY . �b'�C� U � � 19.1 3eniority, for the purposes of this AG�fiT, shall be defined as follows: • 19,11 "Msstei• Scniority° - �he length oF continuous regular and probationary service with the EMPIAYER from the last date of employment in any and all class titles covered by this AGREEI��NP. 19.12 "Class Seniority" - the length of continuous regular m � . and probationary service with the II�IPLOYER from the date an employee was first appointed to a class title covered by this AGREEMENl'. � 19.2 Seniority shall no': eccumulate during an unpaid leave of absence, except When such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or in�ury; is grented to allow an employee to accept an aFpointment to the unclassified service of the Et�IAYER or to an elected or appointed fl�ll-time position with the iTNION. � 19,3 Seniority shall terminate when an �mployee retires, resigns, or is discharged. • 19,k In the event it is determined by the Ei�+�IAYER that it is necessar,y to � reduce the work force employees will be laid off by class title within each Department based on inverse length of "Class Seniority.° Employees laid off shall have the right to reinstatement in eny lower-paid class title, provided, employee has greater "Master Seniority" than the employee being replaced. . 19.5 The selection of vacation periods shall be made by class title besed oa ' ' length of "Clnss Seniority", sub�ect to the approval of the ENlPLOYER. i � ' � 1 .. , i � c ti � � � � � i � �_ _ � — --_ ._�_..._...___.....,_.,,....-..,-----,._,.. � , � � ARTICIE XX - JURISDICTION ��SO Qp,l Disputes concerning work jurisdiction between and among unions is recognized as an appropriete sub�ect for determination by the various . unions representing employees of the EMPIAYER. . 2p,2 The ENJpI,pYER agrees to be guided in the assignme:lt of �rork jurisdiction . by any mutual agreements between the unions involved. ' • � Qp,3 In the event of a dispute concerning the performance or assignment oY work, the unions involved and the E1�iPL0YER shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the EMPIAYER to accomplish the work as origir.ally assigned pending resolution of the dispute or to restrict the ENII'IAI�R's basic right to assign work. 2p,4 Any employee reflising to perform work assigned by the Et�LOYER and as clarified by Sections 20.2 and 20.3 above shall be sub3ect to disciplinary action as pmvided in Article 17 (DISCIPLINARY PROCF�URES). Qp,S There shall be no work stop�page, s1oW doxn, or any disruption of work . resulting from a Work assignment. � � . . 6 . � , � � � ., : � ; . . • � pR'PICLE XXI - SEPARATION . � ` �� .l �nployees heving e p:robationary or reguler ewployment status shall be considered separated from ea:ployment based on the following actions: � , 21.]1 Resignation. �rployees resigning from employment shall give written notice fourteen (14� calei�dar dsys prior to the effective date of the resignstion. � 21.12 Retirement. As provided in Article 15. . � ?�,,13 17isc_harg_e. As provided in Article 1�. 21.1� Failure to Revort for Duty. As pro`rided in Article 18. � 21,2 �ployees havi.ag an emergen^y, temporary, or provisional employment status may be terminated at the discretion of the II�IAYER before the completion of a normal work day. . J , � � � � - t a� 1 } 5 . . � �z� �� - �� 650 � f��6 22.]. All employees shall personally provide themselves xith the tools of the trade es listed in Appendia 8.� - � / . i . � � _ 23 - .....,�.�_ __....,,....�..-- : �� . �ss�s�o '. : �ARTICLE XXIII - G�YANCE PROCEDURE 23,1 The EI�LOYER shell recognize Stewards selected in accordance rrith tJNION rules and reguletions as the grievance representative o.° the bergaining vnit, The iJNION shall notify the Et�LOYER in Kriting of the nemes of the Stewards and of their successors When so named. 23,2 It is recog:zized and accepted by the II�'IAYER and the UN'tON that the • pmcessing of grievances as hereinafter prolrided is limited by the �ob duties `and responsibilities of the -Emplayees and shall tr�refore be eccomplished during workin� hours on�}r when consistent with such . employee duties and responsibilities. The Steward involved and a grievi-�g enployee shall su�fer no loss in pay when a grievance is pro- cessed during •�rorking hours, provided, the Steward and the employee have notified and recei��ed the approval of their supervisor to be absent to process a grievance and tY�at such absence would not be detrimental to the work progrsms of the EMPLOYER. �3•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 are defined as an alleged violation of the terms and conditions of this AG£{EEMENT. ' 23.4 Grievances shall be resolved in conformance with the following procedure: gt�, Upon the occurence of an alle�ed violation of this pGREEMEh'T, the employee involved shall attempt to � resolve the matter on an informal basis Wi.th the � • 24 - � , � ' : � ARTICLE XXIII - GRIEVANCE PROCEDU� (CONTINUED) �, , . . � bss5o ' ' eniployee's supervisor. IP the matter is not resolved to the employee's satisfaction by the informal discussion � it may be reduced to Writing and referred to Step 2 by� � . the UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the elleged section(s) of the AGREEMENT violated , and the relief requested. Any elleged violation of the AGF�EMEh� not reduced to �►rriting by the UN'ION within 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 - grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the � written grievance a designated EI�LOYER supervisor shall meet with the UN'ION Steward �nd attempt to resolve the � grievance. If, as a result of this meeting, the grievance � remains unresolved, the E2�LOYER shall reply in writing to the UIQION wii.hin three (3� calendar days follvwing this meeting. The UNION may refer the grievance in tirriting to �Step 3 xithin seven (7) calendar days follawing receipt of the II�IAYER's written snswer. Any grievance not referred in rrriting by the iTNION within seven (7) calendsr days following receipt of the EI�LOYER'S ans�,rer shall be considered xaived. ., - 25 - � . . _ . __. . .�_..._..�..��.._,,_..�...,.�.�,.-.�.-, . ; . , . � � �66s5p ' ARTICLE XXIII - GRIEVANCE PROCEDURE (C4NTINUED� . $tep 3, Within seven (7) calendar days following receipt of a � grievance referred from Step 2 e desi�nated EMPLOYER . supervisor shall meet with the UNION Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calender days follorring this meeting the EMPLOYER shAll reply in writing to the UNZON stating �he E�IAYER'S snswer concernir� the grievance. If, as a result of the written • response the grievance remains unresolved, the UNION may refer the grievance to Step �. Any griarance not referred to in writing by the UNTOIQ to Step 4 within seven (7) calendar days following receipt oP the F.NlpIAYER'S answer shall be considered waived. Step 4. If the grievance remains unresolved, the UNIO:T maY - ta3.thin seven (7) calendar days after the response oP the Et�IAYER in Step 3, by written notice to the Et�TAYER, request arbitration of the grievance. The erbitration proceedings shall be conducted by an arbitrator to be selectAd by mutual agreement oY the FI�LOYER and the tTNION within seven (7) calendar days after notice has been given. If the parties fail to mutually egree upon an arbitrator within the said seven (7) day period, either party mey request . the Public bnployment Relation Boerd to submit a - 2Ei - . •. � � , • ti . . : , � � 2�65650 ARTICLE XXIII - GRIEYANCE PROCEDURE (CONTINTJ�'D� , psnel of five (5) arbitrators. Both the EMP7AYER • �nd the UNlON shall have the right to strike ttiro � (2} names from the panel. The U2JION shall strike the first (lst) name; the �+IPIAYER shall then strike one (1) name. The process will be repeated . �and tlse ��infng person shall be the arbitrator,. 23•5 The arbitrator stiall have no right to amend, modi�r, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER gnd the iJNION and shall - have no authority to make a decision on any other issue not so submitted. �e arbitrator shell be without power to make decisions contrary to or inconsistent with or �modifying or varying in any iaay the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in xriting within thirty (3) days following close of the hearing or the submission of briefs by the parties, xhichever be later, unless _ the parties agree to an extension. The decision shall be based solely on the erbitrator's interpretation or epplication of the � express terms of this AGI�EMENT and to the facts of the grievance . presented. The decision of tr.e arbitrator shall be final and binding on the EI�IAYER, the UNION, and the employees. - - � - . y � i . i . . . ......,.-..�...r,..�..--.....��.v.,.-,--.�.-�-+o-+s--, . . .__....._..'_'.. . . . +A. • , . • � ` � II - GRIEVANCE PROCEDURE (CONTIIQUED) . ��5� , ARTICI,E XXI Q3,6 The fees and expenses for the arbitrator's services and proceedings shall be borne equelly by the EMPIA7CER end the t1I+iI0N, provided that each party sha21 be responsible for compensating its own representative � • and xitnesses. If either party desires a verbatim record of the proceedings, it may cause such e record to be made providing it pays for the record. . � Qg,7 The.time limits in each step of this procedure may be eztended bS► mut�sal agreement of the E2�LOYER and the UrtION. � ; � , - 28 - �._�..,._..,,,.�__� ., 2 . . �. � ` ARTICLE 70CN - RIGHT OF SUBCONTRACT 2�.� �e �MpI,pYER may, at any tim e during the duration of this �VV�50 AGREEMENT, contract our work dor.e by the employees covered � by this AG�Et�NT• In the event that such contracting would result in a reduction of the work force covered by this AGHEEMENr, the EMPLOYER shall give the tTNION a ninety (90) calendar -daY notice of the intention to sub-contract. r 24,Q The sub-contracting of wor� done by the employees covered by this AGREEh�r�T shall in ell cases be made only to employers who qualify in accordance with Ordinance No. 1�+013. . . - � � � . . . . . . ._._-...---.--.-. �.-�,.-.M�.. , _ � . . � . � . � 26�s50 ' ' ARTICLE 7IXV - NON-DISCRIl�SIINATIOft 25.'1 The terms end conditions of this ACREEMENT 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 inembership or non-membership in the UPiION. 25,2 Flmployees will perform their duties and responsibilities in � e non-discriminatory manner as such duties and responsibilities ' involve other employees and the general public. . ; - - _ 3p - • , a � � , _. . • � � ' ' ARTICLE XXVI - S�VERABILITY � ��VO 26.1 In the event that any provision(s) of this AG�MENP is declared to be contrary to la�► by proper legislative, administrative, or �udiciel authority from whose finding, determination, or decrte ao appeal is taken, such provision(s) shall be voided. All other . provisions shall continue in flill force and effect. 26.2 'ihe parties agree to, upon written notice, enter into negotiations to place the voided provisions of the AGREF.�iENT in complinance �ri.th the legislative, administrative, or 3udicial determination. ti . � � � , • ______ . ____r_.....�..�,,._.�.._...-. • '� . • . �. . . . _ 2�6s5p ' ' AATICLE 7�CVII - WAIVER 27,1 The II�LOYER and the UNION acknowledge that during the meeting and negotiating which resulted in this AGREF�MENT, each yad the " right end opportunity to make proposals xith 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 ftiilly snd completel� sct forth in this AGREEMENT. 27,2 Therefore, the II�LOYER and the UIVION for the duration of this AG�� agree that the other pary shall not be obligated to meet and negotiate over any terrc or conditions of employment �ahether specifically covered or not specifically covered by this AG��NT. Tl'ie Ur�orr and E:��:,OYER may, however, mutually agree to modify any provision of this AGREII'-�h'T. . 2'j,3 Any end all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and . • conditions of employment, to the exten� they are inconsistent xith this AGREr':I�'�NT, are hereby superseded. � � � � ti - ; ' • ' . • . ,,,__..,__.------__._,_�.._...,�.._..._._..�._-,..M:_.. ' . . . � ARTICLE 70CYIII - CITY MILEAGE PIAN �"��L7 28.1 Automobile Reimbursement Authorized: Pursuent to Chapter 92A of the St. Paul Legislative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in tbe perfonnance of their duties, the following provisions are adopted. 28.2 Method of Comoutation: To be eligible for such reimbursement all officers and e�ployees must receive written suthorization from the r Mayor. Reimbursement shall be made in accordance xith one of the following ptans: . Type 1. For those officers and employees who are required to use their own auto:�.obiles occasionaZly for officiol Citf business, reiiabur�ement at the � rate of 13 cents for each mile driven. Ty e 2. Fbr those officers and eir.ployees who are required to use their own auto:�obiles on a regular besis en City business, reimbursement at the rate of �2.50 for each day of worr, 8nd in addition thereto at the rate of 6.5 cents for each mile driven. � 2$,3 Rules and Re�ul.e�ions: The N�yor shall adopt rules and regulations governing the procedures for sut�mobile reimbursemer.t, which regulatinns and rules shall contai.n the requir�ment that recipients shall file daily reports indicating place of origin and destination and applicable mileage . ratings thereet and indicating total miles driven, and shall file monthly affidavits statin� the number of days worked and the number of miles driven, snd flirther required that they maintain automobile lia�ility insurance in amounts not less than $100,000/300,400 for personal in�nry, and $50,000 for property damege. These z�ul.es nnd regulations, together With any amendments therEto, shall be maintained on file rrith the City Clerk. 28,4 The provisions of this Article shall not apply to employees of Independent School District No. 625• h . - 33 - ; • . . _ _ _,.,.�,.,.M..r� _ � j , , ' ' �"�� ARTICLE 70IX - DURATION AND PL�GE �O 30.1 This AG�'�NT shall become effective as of the date oY � � signing, except as specifically provided othenr►ise in � prticles 12 and 13, and shall remain in effect through the 30th day of April, 1976,.: and continue in effect from - year to year thereafter unless notice to change or to terminate is given in the manner provided in 28.2. ,. 30.2 If either pnrty desires to terminate or modifZr this AGREEi��I�, effective as of the date of expiration, the party frishing to modify or terminate the AGREEMENT shall give written notice to �he other party, not more than . ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided, that the AGF��NT aay only be so terminated or modified effective es of the expiration date. � � � 3p,3 In consideration of the terms and conditions of employment established by this AGREE2+�NT and the recognition that the � GRIEVANCE PROCEDURE herein estsblished is the meens by which grievances concerning its application or interpretation may • be peaceflill� resolved, the parties hereby pledge that during ' the term of the AG�EMEI9T: � � 30.31 The LTNION and the employees �rill not engage . in, instigate, or condone any concerted action � in which employees fail to reporx for duty� �ri11f1illy aosent the�mselves from work, stop xork, � . � slow down their arork, or absent themselves in , � � � � � s � � . . ` � F � � . • ______�.�___-_ ._._...--,..-...�.*��._. �ARTICLE XX� - DURATION AI�ID PLEDGE (CONTIhUED) � in whole or �art from the full, faithflil ' �ss� performance of their duties of enplo .,ent. �Q 3p�32 The EI�I,pyER will not enga�e in, instigate, or condone any lock-out of employees. - 3p�33 This constitute� a tentative a�reement between the parties which wil7. be recomm�ended by the City Negotiator, but is subject to the approval of the Administration of the City, the City Coun��il and Independent ScY:ool District i�o. 625 and is also subject to ratification by the Association. AGREID to this 30thday of December, 19?5, and attested to as the fltll and complete understanding of the parties for the period of time herein specified by the signature of the following representative for the EA'�LO� and the UNIOPT: WI�SSES: CITY OF SAIIdT PAUL BRICKI,AYEc'iS, NI�SOI3S, MARBLE-MfLSOTdS, CEMENT BIACiQ�AYF.RS e3.DID TUCI�OII3TERS IACAI, N0. 1 . � � BY: City Ne iato Business Mar.ager BY: BY: � BY. BY: Ciril.Service Commission BY: BY: Mayor BY: City Attorney BY: , Independen� School District No. 625 - 36 - �- . . .. _-- _ 4. AYPENDIX A f�'��o The classes of positions reco�ized by the II�'LOYER as being exclusively represented by the U1VIOiY are as follows: Bricklay�er, Stone Mason, . Apprentice, Masonary Inspector; � and other cl.asses of positions that may be established by the Ei�iPIAYER where t'�e duties and xesponsibilities assigned comes withi.n the �urisdiction of the U�VION. - Al - ` . � ��50 � � APPENDIX C The basic hourly wage rate for 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 Julv 7, 1975 Oct. 15, 1975 8.69 8.69 Bricklayer. . . • • • • • • • • ' ' ' ' Stone Mason . . . . . . . . . . . . . . 8.69 8.69 9.41 9.4� Masonry Inspector . . . • • • • • • • ' The basic hourly wage for temporary and emergency employees appointed to the following class of positions shall be: EfPective Effective July 7, 1975 Oct. 15, 1975 Bricklayer. . . • • • • • • • • • ' . . 9.06 9.06 Stone Mason . . . . . . . . • • • • . . 9.06 9.06 9,g1 9.81 Masonry Inspector . . . . • • • • • • • Apprentice The basic hourly wage rate for regular employees appointed to the following class of positions who are receiving the fringe benefits listed in prticle 12.2 shall be: Effective Effective Julv 7, 1975 Oct. 15, 1975 Bricklayer. . . . . . . . . . . . . . . 8.51 8.67 Masonry Inspector . . . • • • • • • • . g.14 9.32 - Cl - � Y 1 � �. �E�� D ��s�� Effective July 7, 1975, the EMPLOYER shall: (1) contribute $ .555 ger hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a UNION designated Health and Welfare Ftiind. (2) contribute $ .33 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered b:r this AGREEI�NT, to a Pension F1xnd. (3) contribute $ .56 per hour from which payroll deduction has been made for all hours worked by participating emp2oyees as defined in Articles 12.3, 12.�+ and 12.5 covered by this AGREEMENT, to a Vacation �nd. All contributions made in accordance with this Appendix shall be forwarded to depositories as directed by the UNION. The EMPLOYER shall establish Worl�nan's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, shall not be eligible for, governed by, or accumulate vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance, or Council Resolutions. - Dl - � �8t i/a� 2�d 1/� 3rd �� Adopted �� Yeas Nays Q�tIS7�TSEN .. xoZ� 2sss�o � �� . ROEDLER � SYLVESTER TEDESCO PRESmFNT (HUNT)