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02-1169 � � � RESOLUTION 4JNT PAUL, MINNESOTA Council File # e1.\�l_' Green Sheet # 204182 � Presenfed by Refesed To Committee Date 1 2 3 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached May 1, 2002 - Apri13�, 20Q5 Maintenance Labor Agreement between the City of Saint Paul and Sheet Metal Workers International Association Loca1 10. Adopted by Council: Date � �� o� Adoption Certified by Council Secretary By: Approved by r: Dace � ' ' t/' `� By: Requested by Deparhnent of: Office of Labor Relarions By: ��__��-a/li--� DEPARTMENT/OFFICFJCOUNCII.: DATE INITTATED O ��i�� LABOR RELATIONS December 9, 2002 GREEN SHEET No.: 204182 CONTACf PERSON & PHONE: q INrrfpLUn1� �i7pLppg; JiJLIE KRAUS 266-6513 ,�IGN i DEPARTMENT DIli._ .f,Ff 4 C11Y COUNCII. ' NUMRER 2 CiTY ATTORNEY �' � CITY CLERK '� MUST BE ON COUNCII, AGENDA BY (DATE) FOR Bi7DGEP DIIt FIN. ffi MGT. SERVICE DIR � ROUTING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNATURE PAGFS 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ncnox xEQU�n: This resolution approves the attached May 1, 2002 - Apri130, 2005 Maintenance Labor Agreemem between the City of Saint Paul and Sheet Metai Workers International Association Local 10. � RECOMININDAITONS: Appmve (A) or Reject (R) _ PERSONAI. SERVICE CON1'AACI'S MUST ANSR'ER 1'HE FOLLOWING QLJESTIONS: PLANNING CObIbIISSION _CNII. SERVSCE COMIvIISSION 1. Has this persod6vn ever worked wder a wntract for this departrnrnt? — G7B COMIWTITEE Yes No , STAFF - 2. Has this Person/fvm evet been a city employee? _DISTRI("T COURT Yes No SUPPOR7S WH[CH COi1NC7I.OBJECTIVE? 3. Does this person/firm possess a skill not no�mally possessed by any curtent city emp(oyee? Yes No Explain all yes answers ou separare sheet and attacL to green sheet INITIAI7NG PROBLEM, ISSUE, OPPORT[I1V11'P (Who, Whay Wheq Where, W6y): The previous Maintenance Labor Agreement expired on Apri130, 2002. The City is required to negotiate with the bazgaining unit. : ADVANTAGESIFAPPROVED: , An agreement in place until Apri130, 2005. � ,-- , DISADVANTAGESIFAPPROVED: ^�� wae �a� None �� DISADVANI'AGESIFNOTAPPROVED: The relationship between the City and this bazgaining unit would be strained, -" ,; TOTAL AMOUNT OF'CRANSACSTON: COSTlREVENUE BUDGETED: „ FONDING SOURCE: ACl'IVITY NUMBER: FINANCfAG INFORMATION: (EXPLAIN) o �_�� ATTACIiMENT TO THE GREEN SHEET COLLECTIVE BARGAINING AGREEMENT WITH SHEETMETAL WORKERS INTERNATIONAL ASSOCIATION LOCAL 10 Below is a siuninary of the changes in the Collective Bazgaining Agreement between the City of Saint Paul and Sheehnetal Workers Intemational Association Local No. 10. Duration: May 1, 2002 through April 30, 2005. Wages: The City agreed to the outside prevailing wage rate for each of the next three years. La�off: Language changes in the layoff article to increase management flexibiliry consistent with outside practice, while still providing employees with protection against arbitrary or capricious decisions. Other Language Changes: Other language changes are of a housekeeping nature for clarification and clean up. G:\SharedU.RCOMMOIV�CON7P.AC1lSHTMETU2002\gceensheetattch.wpd � � � �� - �� oZ-��G� • MAY I, 2002 - APRII. 30, 2005 MAINTENANGE LABOR AGREElVIENT , - between - � � � � � � � �'HE CfTY OF SAIIYT PAUI;� � � � � �- � , ��_ �.� � � . � �. � � � . �� _ � ��_ , � � �. , _ _ a , � � � �� SHEET 1VI�TAI:,� WORKERS � � � _ _ � _ . , ° ,___ I _ ._ _ _ �, NTERNATIONAL ASSQCIATI�N � � � L�O�� I0. � , � _ � _ � � � , �. _ ' � � � �. - _ _ �a ��9 � ��_�� ARTICLE TITLE PAGE Preambie .................................................... iii 1 Purpose ......................................................1 2 Recognition .................................................. 1 3 Employer Rights ..............................................1 4 Union Rights ................................................. 2 5 Scope ofAgreement ............................................ 2 6 Probationary Periods ...........................................2 7 Philosophy of Employment and Compensation . . . . . . . . . . . . . . . . . . . . . . 3 8 Hoursof Work ................................................3 9 Overtime .....................................................4 10 Ca11In/Ca1lBack ..............................................5 11 Work Location,Residency ......................................5 12 Wages .......................................................5 13 Fringe Benefit ................................................. 6 • 14 Selection of Lead Sheet Metal Worker : : : : : : : : : : : : : : : : : : : : : : : : : : : . . 6 15 Holidays .............. .. 6 16 Disciplinary Procedures .........................................7 17 AbsencesFrom Work .......................................... 8 18 Seniority ..................................................... 8 19 Jurisdiction ...................................................9 20 Sepazation ....................................................9 21 Too1s .......................................................10 22 Grievance Procedure ..........................................10 23 Rightof Subcontract ..........................................12 24 Non-Discrimination ........................................... 12 25 Severability .................................................12 26 Waiver ..................................................... 13 27 City Mileage Plan ............................................. 13 28 Duration and Pledge ...........................................14 Appendix ................................................ A1 Appendix ................................................ B1 Appendix ................................................ C1 e APPendix D ................................................ D1 Da-tl��I � PREAMBLE This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the Sheet Metal Workers Intemationai Association Local 10 hereinafter referred to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the City of Saint Paui for the benefit of the general public through effective labor-management cooperation. � The Employer and the Union both realize that this goal depends not only on the words in the Agreement but rather primazily on attitudes between people at all levels of responsibility. Constructive attitudes of the City, the Union, and the individual empJoyees will best serve the needs of the general public. � iii 6�2-1+ ��j � ARTICLE 1 - PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1(1) Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concemed; 1.1(2) Set forth rates of pay, hours of work, and other conditions of empioyment as have been agreed upon by the Employer and the Union; 1.1(3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of Utis Agreement without ]oss of productivity. 1.2 The Employer and the Union agree that this Agreement 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 that it conforms to the siatute as provided by Article 25 � (SEVERABILITI'). ARTICLE 2 - RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for collective bazgaining purposes for all personnel having an employment status ofregular, probationary, provisional, and temporary empioyed in the classes of positions defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-513-A dated May 15, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this Agreement. 3.2 Any "term or condition of employment" not established by this Agreement shail remain with the Empioyer to eliminate, modify, or establish following written notification to the Union. �� -I- ARTICLE 4 - UNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1(1) The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. 4.1(2) The Union shall indemnify and save hazmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of this Article. 4.2 The Union may designate one (1) employee from the bazgaining unit to act as a Stewazd and shall inform the Employer in cvriting of such designation. Such employee shail have the rights and responsibilities as designated in Atticle 22 (GRIEVANCE PROCEDURE). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his designated representative shall be petmitted to enter the facilities of the Bmployer where employees covered by this Agreement aze working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and condi6ons of employmenY' defined by M.S. 179.63, Subd.18 for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employmenY" established by Civii Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 Ali personnel, originaily hired or rehired following separation, in a regulaz employment status shall serve a six (6) month probationary period during which time the employee's fimess and ability to perform the position's duties and responsibilities shall be evaluated. 6.1(1) At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 22 (GRIEVANCE PROCEDUR.E). � � _2_ � 4�-/r!�`� � ARTICLE 6 - PROBATIONARY PERIODS (Continued) 6.1(2) An employee terminated during the probationary period shall receive a written notice of the reason(s) for such terminarion, a copy of which shall be sent to the Union. 6.2 All personnei promoted to a higher class shall serve a six month promotional probationary period during which time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.2(1) At any time during the promotional probationary period an employee may be demoted to the employee's previously held class at the discretion of the Emp]oyer without appeal to the provisions of Article 22 (GRTEVANCE PROCEDURE). 6.2(2) An employee demoted during the promotional probationary period shall receive a written notice of the reasons for demotion, a copy of which shal] be sent to the Union, and the empioyee sha]] be retumed to his/her previously held class. � ARTICLE 7- PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The Employer and the Union aze in full agreement that the philosophy of employment and compensation shall be a"cash" hourly wage and "industry" fringe benefit system. 7.2 The Employer shall compensate employees for all hours worked at the basic houriy wage rate an hourly fringe benefit rate as found in Articies 12 (WAGES) and 13 (FRINGE BENEFITS). 73 No other compensation or fringe benefit shall be accumulated or eamed by an employee except as specifically provided for in this Agreement. ARTICLE 8- HOURS OF WORK 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 7:00 p.m. 8.2 The normal work week shal] be five (5) consecutive normal work days. � -3- ARTICLE 8- HOURS OF WORK (Continued) 83 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 8.4 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.5 All employees are subject to call-back by the Employer as provided by Article 10 (CALL INICALL BACK). 8.6 Employees reporting for work at the established starting titne 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. ARTICLE 9 - OVERTIME � 9.1 All overtime compensated for by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work claun wiil be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance approval has been obtained. � 9.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: 9.2(1) Time worked in excess of eight (8) hours in any one normal work day and 9.2(2) Time worked on a sixth (6th) day following a normal work week. 9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the foliowing circumstances: 93(1) Time worked on a holiday as defined in Article 15 (HOLIDAYS); 93(2) Time worked on a seventh (7th) day following a normal work week; and 93(3) Time worked in excess oftwelve (12) consecutive hours in a twenty-four (24) hour period, provided, that all "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (1.5). � �� Da-r�by, • ARTICLE 9 - OVERTIME (Continued) 9.4 For the purposes of calculating overtime compensation overtime hours worked shall not be "pyramided", compounded, or paid twice for the same hours worked. 9.5 Overtime hours worked as provided by this Article shall be paid in cash or in compensatory time as determined by the Employer. ARTICLE 10 - CALL IN/CALL BACK 10.1 The Emp]oyer retains the right to call in or call back employees before an employee has started a normal work day or normal work week and after an empioyee has completed a normal work day or normal work week. 10.2 Employees called in or called back shall receive a minimum of four (4) hours suaight time pay at the basic hourly rate or shall be compensated in accordance with Article 9 (OVERTIME), when applicable, whichever is greater. 10.2(i) Notwithstanding Article 10.2, employees called in four (4) hours or less prior to their normal work day � shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME). ARTICLE 11 - WORK LOCATION, RESIDENCY I 1.1 Empioyees shall report to work location as assigned by a designated Employer supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the Employer. 11.2 The resolution pertaining to residency approved July 26, 1979, under Council File No. 273378 shall apply to ail employees covered by this Agreement. ARTICLE 12 - WAGES 12.1 The basic hourly wage rates as estabiished by Appendix C shaii be paid for all hours worked by an employee. 12.2 Provisional and temporary employees shal] be compensated 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). � -5- I ARTICLE 13 - FRINGE BENEFITS 13.1 The Employer shall make contributions on behalf of and/or make deductions &om the wages of employees covered by this Agreement in accordance with Appendix D for all hours worked. 13.2 Provisionai, probationary and regulaz employees shall be eligible for a paid holiday for Labor Day, the first Monday in September in accordance with the Saint Paul Salary Plan and Rates of Compensation. ARTICLE 14 - SELECTION OF LEAD SHEET METAL WORKER 14.1 The selection of personnel for the class Lead Sheet Metal Worker shail remain solely with the Empioyer. 14.2 The class Lead Sheet Metal Worker shall be filled by employees of the bazgaining unit on a "temporary assignmenY'. 143 AIl "temporary assignments" shall be made only at the d'uection of a designated Employer supervisor. � 14.4 Such "temporary assignments" shall be made only in cases where the position is vacant for � more than one (1) normal wotk day. ARTICLE 15 - HOLIDAYS 15.1 The foilowing ten (10) days shall be designated as holidays: New Year's Day, January 1 Martin Luther King Day, Third Monday in January Presidents' Day, Third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, fourth Friday in November Christmas Day, December 25 I 5.2 When New Yeaz'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. � � oa-�1�9 ! ARTICLE 15 - HOLIDAYS (Continued) 153 The ten (10) holidays shaii be considered non-work days. 15.4 If, in the judgment of the Employer, personnel aze necessary for operating or emergency reasons, employees may be scheduled, "called in" or "called back" in accordance with Article 10 (CALL IN/CALL BACK). 15.5 Employees assigned to work on Martin Luther King Day, Presidents' Day, Veterans' Day or the Day After Thanksgiving shall be compensated on a straight time basis for such hours worked. 15.6 Employees assigned to work on New Yeaz's Day, Memorial Day, Independence Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hour]y rate for such hours worked. I5.7 Employees working on Labor Day shall be recompensed for work done on this day by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such hours worked, in addition to the employee's regular holiday pay. � ARTICLE 16 - DISCIPLINARY PROCEDURES 16.1 The Employer shail have the right to impose disciplinary actions on employees for just cause. 16.2 Disciplinary actions by the Employer shall include only the following actions: 16.2(1) Oralreprimand 16.2(2 ) Written reprimand 16.2(3} Suspension 16.2(4) Demotion 16.2(5) Dischazge 163 Employees who are suspended, demoted, or dischazged shall have the right to request that such actions be reviewed by the Civil Service Commission. The Civi] Service Commission shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appeal of a suspension, demotion, or dischazge shall be considered a"grievance" for the purQose of processing through the provisions of Article 22 (GRIEVANCE PROCEAURE). _� � -7- ARTICLE 17 - ABSENCES FROM WORK 17.1 Employee� who aze unable to report for their normai work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning ofsuch work day. 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (DISCIPLINARY PROCEDURES). 17.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a"quit" by the Employer on the part of the employee. ARTICLE 18 - SEMORITY 18.1 Seniority, for the purposes of this Agreement, shati be defined as follows: 18.1(1) "Master Seniority" - the length of continuous regular and probationary service with the Employer from the last date of employment in any and all class Yitles covered by this Agreement. � 18.1(2) "Class Seniority" - the length of continuous regulaz and probationary service with the Employer from the � date an employee was first appointed to a class title covered by this Agreement. 18.2 Seniority shail not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) caiendaz days; is granted because of illness or injury; is granted to ailow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed fult-time position with the Union. 18.3 Senioriry shall ierminaie when an employee retires, resigns, or is discharged. 18.4 In the event it is determined by the Employer that it is necessary to reduce the work force ail temporary employees shall be released prior to the layoff of permanent employees. Further, it is managemenYs intent that permanent employees will be laid offby class title within each Department based on inverse length of "Class Seniority." However, managment reserves the right to institute layoffs out of seniority order for legitimate business reasons. ManagemenY s exercise of this right shatI not be azbitrary or capricious. If the Union believes that an out-of-order layoffhas occuned for an azbitrary or capricious reason, such decision may be grieved under Article 22. Employees of the bazgainiug unit remain covered by all other City of Saint Paul Civil Service Rules. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", subject to the approva] ofthe Employer. � � o a-t��q � ARTICLE 19 - NRISDICTION 19.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of the Employer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 193 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Empioyer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clazified by Sections 19.2 and 193 above shall be subject to discipiinary action as provided in Article 16 (DISCIPLINARY PROCEDURES). 19.5 There shall be no work stoppage, slow down, or any disruption of work resuiting from a work assignment. • ARTICLE 20 - SEPARATION 20.1 Employees having a probationary or regulaz employment status shail be considered separated from employment based on the following actions: 20.1(1) Resignatian. Employeesresigningfrom employment shail give written notice fourteen (14) calendaz days prior to the effective date of the resignation. 20.1(2) Discharge. As provided in Article 16. 20.1(3) Failure to Report for Duty. As provided in Article 17. 20.2 Employees having a temporary, or provisional employment status may be terminated at the discretion of the Employer before the completion of a normal work day. � � ARTICLE 22 - TOOLS 21.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. ARTICLE 22 - GRIEVANCE PROCEDURE 22.1 The Employer shall recognize the Stewazd selected in accordance with Union rules and regulations as the grievance representative of the bazgaining unit. The Union shall notify the Employer in writing of the name of tYce Steward and of his/her successor when so named. 22.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee du6es and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Stewazd and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. � 22.3 The procedure established by this Article shall be the sole and exclusive procedure, except • for the appeal of disciplinary action as provided by Article 163, for the processing of grievances, which aze defined as an alleged violation of the terms and conditions of this Agreement. 22.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informat discussion it may be reduced to writing and referred to Step 2 by the Union. T'he written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence oFthe event giving rise to the grievance, shaIl be considered waived. Step 2. W ithin seven (�) calendaz days after receiving the written grievance a designated Employer supervisor shall meet with the Union Stewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shalt repty in wtiting to the Union within three (3) calendar days � foliowing this meeting. The Union may refer the -10- oa-�rle�' � ARTICLE 22 - GRIEVA.NCE PROCEDURE (Continued) grievance in writing to Step 3 within seven (7) calendaz days following receipt of the Employer's written answer. Any grievance not refeaed in writing by the Union within seven (7} calendaz days fo]]owing receipt of the Employer's answer shall be considered waived. Step 3. Within seven (7) calendaz days following receipt of a grievance referred from Step 2 a designated Employer supervisor shali meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendaz days following this meeting the Employer shall reply in writing to the Union stating the Employer's answer conceming the grievance. If, as a resuh of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the i3nion may within seven (7) calendaz days after the response of the Employer in Step 3, by written notice to the Empioyer, request azbitration of the grievance. The azbitration proceedings shall be conducted by an arbitrator to be selected by mutuai agreement of the Employer and the Union within seven (7) calendar days after notice has been � given. If the parties fail to mutually agree upon an azbitrator within the said seven (7) day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (Ist) name; the Employer shall then strake one (I) name. The process will be repeated and the remaining person shall be the azbitrator. 22.5 The arbitrator shali have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shail consider and decide only the specific issue submitted in writing by the Empioyer and the Union and shall have no authority to make a decision on any other issue not so submitted. The azbitrator shail be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of 1aw. The arbivator's decision shall be submitted in writing within thirty (30) days following close of the heazing 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 facts of the grievance presented. The decision of the arbitrator shall be fmal and binding on the Employer, the Union, and the employees. � -11- A.RTICLE 22 - GRIEVANCE PROCEDURE (Continued) � 22.6 The fees and ea;penses for the azbitrator's services and proceedings shall be bome equally by the Employer and the Union, provided thaY each party shall be responsible for compensating its own representarive and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. ARTICLE 23 - RIGHT OF SUBCONTRACT 23.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting woutd result in a reduction ofthe work force covered by this Agreement, the Employer shall give the Union a ninety (90) calendaz day notice of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by this Agreement shall in aIl cases be made only to employers who qualify in accordance with Ordinance No. 14013. A,RTICLE 24 - NON-DISCRIMINATION 24.1 The terms and conditions of this Agreement 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 Union. 24.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 25 - SEVERABILITY 251 In the event that any provision(s) of this Agreement is declazed to be contrary to law by proper ]egislative, administrative, or judicial authority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 25.2 The parties agree to, upon written notice, enter into negotiarions to place the voided provisions of the Agreement in compliance with the legislarive, adminislrative, or judicial determination. -12- i � � a-�l�q ,� ARTICLE 26 - WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resuked in this Agreement, each had the right and opporiunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right aze fully and completely set forth in this Agreement. 26.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or conditions of employment whether specifically covered or not specifically covered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regazding the terms and conditions of empioyment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 27 - CITY MILEAGE � 27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, percaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 27.2 Method of Compatation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. In addition, the employee shall be reimbursed $0.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the empioyee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $0.20 per mile driven and shall not be eligible for any per diem. � -13- ARTICLE 27 - CITY MILEAGE (Continued) Type 2. If an employee is required to use his/her own automobile REGLTLARLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $0.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use hislher own automobile, then the employee shall be reimbursed at the rate of $0.20 per mile driven and shall not be eligible for any per diem. 273 The City will provide pazking at the River Centre Pazking Ramp for City employees on either of the above mentioned types of reimbursemenT plans who are reqnired to have their personal car available for City business. Such pazking will be provided only for the days the employee is required to have his or her own personal caz available. � 27.4 Rules aad ltegulations: T'he Mayor shall adopt rules and regulations goveming the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shalI file daiiy reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and • further require that they maintain automobile liability insurance in amounts of not less than $100,006/$300,000 for personai injury, and $25,000 for property damage, or Iiability " insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendments thereto, shall be maintained on file with the City Clerk. ARTICLE 28 - DURATION AND PLEDGE 28.1 This Agreement shall become effective as of May 1, 2002, except as specifically provided otherwise in this Agreement, and shall remain in effect through the 30th day of April 2005, and continue in effect from yeaz to yeaz therea8er unless notice to given to change or to terminate this agreement. Retroactive pay adjustments shall apply to all employees of the bargaining unit who aze acUve emptoyees on the date of signing of the agreement except those who have been temunated for cause. 28.2 If either party desires to terminate or modify this Agreement, effective as ofthe date of expiration, the party wishin$ to modify or ternunate the Agreement shall give written notice to the other parry, not more than ninery (90} or less than sixty (60) calendaz days prior to the expiration date, provided, that the Agreement may only be so terminated or modified effective as of the expiration date. -14- � oa-t�� ARTICLE 28 - DURATION AND PLEDGE (Continued) 283 In consideration of the terms and conditions of employment estabiished by this Aa eement and the recognition thaf the Grievance Procedure herein established is the means by which grievances conceming its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 283(1) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themseives from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment. � 283(2) The Employer will not engage in, insrigate, or condone any lock-out of employees. - 28.3(3) This constitutes a tentative agreement between the parties which will be recommended by the Director of Labor Relations, but is subject to the approval of the Administration of the Ciry, the City Council and is also subject to ratification by the Association. � � Agreed to this 21 day of I�3ovember, 2002 and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the foliowing representative for the Employer and the Association: FOR THE CITY OF ST. PAUL �' l �� Ter altiner Labor Relations Manager SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, LOCAL .�v---- ames Vollmer Labor Relations Specialist 10 � �� Craig S dberg Business Manager -15- pa-+ri�� • APPENDIX A The classes recognized by the Employer as being exclusively represented by the Union aze as foilows: Senior Mechanical Inspector-Sheet Metal Lead Sheet Metal Worker Sheet Metal Worker Apprentice Sheet Metal Inspector; � and other classes that may be estabiished by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. • -Al- � APPENDIX B Tool Box Whitney, Small Crescent VJrench or set of Open Bnd Wrenches Center Punches Hacksaw Prame Chisels Small Hand Tongs 6' Folding Rule Screw Driver Scratch Awls Pliers Snips, Straight-aviation L and R Hammers (Tinners) , Dolly Bar Combination Squaze Prick Punch 10' Tape Dividers �a-lile9 � -B1- oa-�r �q �J • s APPENDIX C The basic hourly wage rate for temporary employees appointed to the following classes shali be: Effective OS/04/02 Sheet Metal Worker Lead Sheet Metal Worker Sheet Metal Inspector 1 st Step 2nd Step Senior Mechanical Inspector-Sheet Metal $33.77* $35.77* $34.77* $35.77* $36.77* Effective 07/O1/02 $33.10* $35.10* $34.10* $35.10* $36.10* The basic hourly wage rates for temporary employees whose length of service and earnings require that they be subject to Public Employees Retirement Association (PERA) contributions shall be the temporary rate divided by 1.0553 effective January 1, 2002. This rate is subject to further increase or decrease by the State of Minnesota. The basic hourly wage rate for provisional, regular, and probationary employees appointed to the following classes shall be: Effective OS/04/02 Sheet Metal Worker Lead Sheet Metal Worker Sheet Metal Inspector 1 st Step 2nd Step Senior Mechanical Inspector-Sheet Metal $28.44** $30.13** $29.29** $30.13** $30.97** Effective 07/Ol/02 $27.88** $29.57* * $28.72* * $29.57** $30.41 ** -CI - aa ��i�� APPENDIX C (Conrinued) • Effective May 1, 2003 (or closest payroll period), there will be an additional $2.40 per hour increase added to the total package. The parties wili agree prior to that date regazding :he distribution of the $2.40 between wages and fringes. This amount will be decreased by any increase in industry funds. Effective May 1, 2004 (or closest payroll period), there will be an additional $2.45 per hour increase added to the total package. The parties wili agree prior to that date regazding the distribution of the $2.45 between wages and fringes. This amount will be decreased by any increase in industry funds. This rate includes the $210 taatable Credit Union deduction and the $.25 taxable Youth to Youth Fund deduction. ** Effective Apri126, 1997, this rate inciudes the above ta�able deductions in addition to 72 hours of paid holidays and 160 hours of paid vacation per fiscal year. Vacation carry over shall be paid in accordance with Section I H of the Saint Paul Salary Plan and Rates of Compensation. Vacation must be approved by the Head of the Department. After appearing on the payroll for 1040 hours in the first step, an employee in the Sheet Metal Inspector classification may be granted a wage increase to the second step. • If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the above applicable rates for participating employees in such a way that the total cost of the package (wage rate pius contributions) remains constant. . -C2- APPENDIX D � Effective May 4, 2002, the Employer shall: (I) contribute to a Welfare Fund $3.21 per hour for all hours worked by participating employees as defined in Articles 123, 12.4 and 12.5 of this Agreement. (2) contribute to a Local Pension Fund $3.05 per hour for all hours worked by participating employees, as defined above. (3) contribute to a National Pension Fund $1.70 per hour for all hours worked by participating employees, as defined above. (4) deduct and forward to a Vacation Fund $2.10 per hour for all hours worked by participating employees, as defined above. ��-t��q (5) contribute to the Journeyman and Apprenticeship Training Fund $032 per hour for all hours worked by participating employees, as defined above. (6) contribute to the National Scholarship Fund $0.01 per hour for all hours worked by participating employees, as defined above. (7) deduct and forwazd to the Youth to Youth Fund $0.25 per hour for all hours worked by • participating employees, as defined above. The Employer will not make the above contributions for Holidays or vacation. The above contributions may be increased or decreased as long as the applicable houriy rates in Appendix C for participating employees are decreased or increased by the same total amount. All contributions and deductions made in accordance with this Appendix shall be forwazded to depositories as directed by the Union. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. The Employer's fringe benefit obligation to employees is limited to the contributions and/or deductions established by this Agreement. The actuallevel of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. e �,�