02-969Council File # Z � L.�
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented
Referred To
Committee Date
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RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
Employment Agreements between the Independent School District No. 625 and the United Roofers,
Waterproofers and Allied Workers, Loca196; United Association of Steamfitters, Pipefitters and Service
Technicians, Local Union No. 455; Sheet Metal Workers International Association, Local 10; and United
Association of Plumbers, Local No. 34 to establish Terms and Conditions of Employment for 2002-2005.
Yeas Na s Absent
Benanav �/
Blakey �
Bostrom ��
Coleman
Harris �
Lantry �
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Requested by Department of:
Office of Labor Relafions
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Form Approved by,City Attomey
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Adopted by Council: Date N_ �� _ G_ 'a �� 1 ApF
Adoption Certifi�l by Council Secretary By:
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Date
Green Sheet # 204184
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DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET No.• 204184 Qa� q`
LABOR RELATTONS October 9, 2002 ' �
CONTACT PERSON & PHONE: � mli7nUDATE m11'InLDA'1's
JIJLIE KRAUS 266-6513 qSgIGN 1 DEPARIMENI' DII2.� 4 CIIY COUNCII,
NUMBER 21-77Y ATTORNEY C11Y CI.ERK
MUST BE ON COUNCII.. AGFr�'DA BY (DATE) FOR BUDGEI DIR FIN. & MGT. SERVICE DIIt
ROUTING 3 MAYOR (OR ASST.)
ORDER
TOTAL'� OF SIGNATORE PAGES 1 (CI,IP ALL LOCATIONS FOR SIGNATURE)
acriox �QuesrEn: This resolution approves the attached Employment Agreements between Independent School
District No. 625 and the United Union of Roofers, Waterproofers and Allied Workers, Local No. 96; United
Association of Steamfitters, Pipefitters, and Service Technicians, Local Union No. 455; Sheet Metal Workers
International Association, Local 10; and United Association of Plumbers, Local Union No. 34 to establish Terms
and Conditions of Empioyment for 2002-2005.
RECOMMENDAITONS: Approve (A) or Reject �) PERSONAL SERVICE CONTRACTS MI1ST ANSWER T11E FOLLOWIIVG
QUESITONS:
PLANNING COMIvIISSION _CNII, SEAVICE COMMISSION 1. Has this person/firtn ever worked mder a contract for this departrnent7
CTB COMMI11'EE Yes No
STAFF 2. Has this person/finn eva been a city employee?
DiS1RICT COURT Yu No
SUPPORTS WHICH CO[JNCIL OBSPCTNE? 3. Does ihis person/ficm possess a slnll not no�mally possessed by any curzent wty employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
IN[TIATING PROBLEM, ISSUE, OPPORTIJNTTY (Who, What, When, W6ere, Why):
This Agreement pertains to Board of Education employees only.
ADVANTAGESIFAPPROVED:
DISADVANTAGES IF APPROVED:
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DISADVAN'CAGES IF NOT APPROVED: �
TOTAL AMOi7N'P OF'PRANSACTION: COST/REVENUE BUDGETED:
FUNDING SOURCE: ACTIVITY NUMBER:
FINANCIAL INFORMATION: (EXPLAIN)
INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION
SAINT PAUL PUBLIC SCHOOLS
DATE: June 25, 2002
TOPIC: Approval of an Employment Agreement with United Association of
Plumbers, Locai Union No. 34, to Establish Terms and Conditions of
Employment for 2002-2005
A. PERTINENT FACTS:
1. New Agreement is for the three-year period May 1, 2002 through April 30, 2005.
2. Contract changes are as follows:
Wapes: Wage and benefit changes reflect prevailing wage for the industry. The third year will
be a reopener for wages only.
3. The remaining language provisions of the previous contract remain essentially unchanged,
except for necessary changes to dates and outdated references.
4. The District has seven (7) regular F.T.E. in this bargaining unit.
5. This agreement maintains the DistricYs fscal structural balance.
6. The maintenance of buildings promotes a quality learning environment that supports the
teaching target of preparing all students for life.
7. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager;
Wayne Arndt, Negotiations/Labor Relations Manager; Richard Kreyer, Executive Director of
Human Resources and Labor Relations; Patrick Quinn, Executive Director of School
Services; and Lois Rockney, Executive Director of Business and Financial Affairs.
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
Agreement concerning the terms and conditions of employment of those employees in this school
district for whom United Association of Plumbers, Local Union No. 34 is the exclusive
representative; duration of said Agreement is for the period of May 1, 2002 through April 30, 2005,
and that the Board of Education of Independent School District No. 625 adopt a resolution that
this agreement maintains the DistricYs fiscal structural balance..
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ARTICLE
Article �.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
Article 8.
Article 9.
Article 10.
Article 11.
Article 12.
Article 13.
Article 14.
Article 15.
Article 16.
Article 17.
Article 18.
Article 19.
Article 20.
Article 21.
Article 22.
Articie 23.
Article 24.
ARicle 25.
Article 26.
Article 27.
Article 28.
Article 29.
Article 30.
Article 31.
TABLE OF CONTENTS
TITLE
Preamble....................................................................
Purpose......................................................................
Recognition.................................................................
EmployerRights .........................................................
UnionRights ...............................................................
Scope of the Agreement .............................................
Probationary Periods ..................................................
Philosophy of Employment And Compensation..........
Hours of Work ............................................................
Overtime.....................................................................
CallBack .....................................................................
Work Location .............................................................
Wages ........................................................................
Fringe Benefits ............................................................
Selection of Lead Plumber ..........................................
Holidays......................................................................
Disciplinary Procedures ..............................................
Absences From Work .................................................
Senio rity ......................................................................
Ju risd iction ..................................................................
Separation..................................................................
Tools...........................................................................
Grievance Procedure ..................................................
Right of Subcontract ...................................................
Nondiscrimination .......................................................
Severability.................................................................
Waiver ........................................................................
Mileage.......................................................................
Saf ety ..........................................................................
Legal Services ............................................................
Court Duty Leave ........................................................
Duration and Pledge ...................................................
Appendix
Appendix
Appendix
Appendix
Index......
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PREAMBLE
This Agreement is entered into between independent School District No. 625, hereinafter referred
to as the Employer, and the United Association Plumbers Local 34, 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 independent School District No. 625 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 primarily on attitudes between people at all levels of responsibility.
Constructive attitudes of the Employer, the Union, and the individual employees will best serve the
needs of the general public.
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• 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 concerned;
1.1.2 Set forth rates of pay, hours of work, and other conditions of employment as have
been agreed upon by the Employer and the Union;
1.�.3 Establish procedures to orderly and peacefully resolve disputes as to the
application or interpretation of this Agreement without loss of manpower
productivity.
12 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 statute as provided by Article 25
(Severability).
ARTICLE 2. RECOGNITION
• 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, and temporary employed in the classes of positions defined in 2.2 as
certified by the Bureau of Mediation Services in accordance with Case No. 91-PCL-2011
dated July 25, 1990.
22 The classes of positions recognized as being exclusively represented by the Union are as
listed in Appendix A.
ARTICLE 3. EMPLOYER RIGHTS
3.1 The Employer retains the right to operate and manage all manpower, 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 employmenY' not established by this Agreement shall remain
with the Employer to eliminate, modity or establish following written notification to the
Union.
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ARTICLE 4. UNION RIGHTS
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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 bythe Union.
4.1.1
4.1 2
The Employer shall not deduct dues from the wages of employees covered by
this Agreement for any other labor organization.
The Union shall indemnify and save harmless the Employer from any and all
claims or charges made against the Employer as a result of the implementation
of this Article.
The Union may designate one (1) employee from the bargaining unit to act as a Steward
and shall inform the Employer in writing of such designation. Such employee shall have
the right and responsibilities as designated in Article 22 (Grievance Procedure).
4.3 Upon notification to a designated Employer supervisor, the Business Manager of the
Union or the designated representative shall be permitted to enter the facilities of the
Employer where employees covered by this Agreement are working.
ARTICLE 5. SCOPE OF THE AGREEMENT
5.1 This Agreement establishes the �terms and conditions of employment" defined by
M. S. 179A.03, Subdivision 19, for all employees exclusively represented by the Union.
This Agreement shall supersede such `Yerms and conditions of employmenY' established
by Civil Service Ruie, Council Ordinance, and Council Resolution.
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• ARTICLE 6. PROBATIONARY PERIODS
6.1 All personnel, originally hired or rehired following separation, in a regular employment
status shall serve a six (6)-month probationary period during which time the employee's
fitness and ability to perform the class of positions' duties and responsfbilities 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 Procedure).
6.1.2 An employee terminated during the probationary period shall 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 a higher class of positions shall serve a six (6)-month
promotional probationary period during which time the employee's fitness and ability to
perform the class of positions' 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 of positions at the discretion of
the Employer without appeal to the provisions of Article 22 (Grievance
Procedure).
6.2.2 An employee demoted during the promotional probationary period shall be
returned to the employee's previously held class of positions and shall receive a
written notice of the reasons tor demotion, a copy of which shall be sent to the
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ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The Employer and the Union are in full agreement that the philosophy of employment and
compensation shall be a"cash" hourly wage and "industry' fringe benefit system.
72 The Employer shall compensate employees for all hours worked at the basic hourly wage
rate and hourly fringe benefit rate as found in Articles 12 (Wages) and Article 13 (Fringe
Benefits).
7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee
except as specifically provided for in this Agreement.
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ARTICLE 8. HOURS OF WORK •
8.1 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30)-
minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m.
8.2 The normal workweek shall be five (5) consecutive normal workdays Monday through
Friday.
8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to
establish second and third shifts or a workweek of other than Monday through Friday, the
Union agrees to enter into negotiations immediately to establish the conditions of such
shifts and/or workweeks.
8.4 This section shall not be construed as, and is not a guarantee of, any hours of work per
normal workday or per normal workweek.
8.5 All employees shall be at the location designated by their supervisor, ready for work, at
the established starting time and shall remain at an assigned work location until the end of
the established workday unless otherwise directed by their supervisor.
8.6 All employees are subject to call back by the Employer as provided by Article 10 (Call
Back).
8.7 Employees 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
workday. �
ARTICLE 9. OVERTIME
9.1 Time on the payroll in excess of the normal hours set forth above shall be "overtime work"
and shall be done only by order of the head of the department. An employee shall be
recompensed for work done in excess of the normal hours 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 overtime work. The basis on which such overtime shall be paid shall be
determined solely by the Employer.
9.2 The rate of one and one-half (1-1/2) the basic hourly rate and fringes shall be the
overtime rate for work performed under the following circumstances:
9.2.1 Time worked in excess of eight (8) hours in any one normal workday, and
92.2 Time worked in excess of 40 hours in a seven (7)-day period.
9.3 For the purpose of calculating overtime compensation, overtime hours worked shall not
be "pyramided," compounded or paid twice for the same hours worked.
9.4 Overtime hours worked as provided by this Article shall be paid in cash or compensatory
time as determined by the Employer.
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ARTICLE 10. CALL BACK
�0.� The Employer retains the right to call back employees before an employee has started a
normal workday or normal workweek and after an employee has completed a normal
workday or normal workweek.
102 Employees called back shall receive a minimum of four (4) hours of pay at the basic
hourly rate.
10.3 The hours worked based on a call back shall be compensated in accordance with
Article 9(Overtime), when applicable, and subject to the minimum established by 10.2
above.
10.4 Employees called back four (4) hours or less prior to their normal workday shall complete
the normal workday and be compensated only for the overtime hours worked in
accordance with Article 9 (Overtime).
ARTiCLE i�. WORKLOCATIOP7
11.1 Employees shall report to work locations as assigned by a designated Employer
supervisor. During the normal workday, employees may be assigned to other work
locations at the discretion of the Employer.
11.2 Employees assigned to work locations during the normal workday other than their original
assignment, and who are required to furnish their own transportation, shall be
compensated for mileage as set forth in Article 27 (Mileage).
ARTICLE �2. WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours
worked by an employee.
12.2 Regular employees 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 Benefits).
12.3 Temporary employees shall 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).
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ARTICLE 13. FRINGE BENEFITS
13.1 The Employer shall make contributions on behalf of and/or make deductions from the
wages of employees covered by this Agreement in accordance with Appendix D for all
hours worked.
�3.2 Temporary, probationary, and regufar employees shall be eligible for a paid holiday for
Labor Day, the first Monday in September.
13.3 The Employer will for the period of this Agreement provide, for those employees who
were eligible for the Employer's Health and Welfare Plan and who have retired since
September �, 1974, such health insurance premium contributions up to the same dollar
amounts as are provided by the Employer at the date of early retirement and the cost of
premium contributions toward $5,000 life insurance coverage until such employees reach
sixty-five (65) years of age.
In order to be eligible for the premium contributions under the provision 13.3 and 13.4 the
employee must:
13.3.1
13.3.2
Be receiving benefits from a public employee retiree act at the time of
retirement.
Have severed the employment relationship with the City of Saint Paul and/or
Independent School District No. 625 under one of the early retiree plans.
13.3.3 Inform the Human Resource Department of Independent School District
No. 625 and Human Resources Office of the City of Saint Paul in writing within
siuty (60) days of employee's early retirement date that he or she wishes to be
eligible for early retiree insurance benefits.
i3.4 For an emptoyee who retired before the execution of this Agreement at age sixty-five (65)
or later and who meets the criteria in 13.3, or for early retirees who qualified under 13.3
and have reached age sixty-five (65) after retirement, the Employer will provide payment
of premium for a Medicare supplement health coverage policy selected by the Employer.
ARTICLE 14. SELECTION OF LEAD PLUMBER
14.1
14.2
14.3
14.4
The selection of personnel for the class of positions Lead Plumber shall remain solely
with the Employer.
The class of positions Lead Plumber shall be filled by employees of the bargaining unit on
a "[emporary assignment"
All `Yemporary assignments" shall be made only at the direction of a designated Employer
supervisor.
Such `temporary assignments" shall be made only in cases where the class of positions is
vacant for more than one (1) normal workday.
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ARTICLE 15. HOLIDAYS
�5.1 The following nine (9) days shall be designated as unpaid holidays (except Labor Day as
noted in Article 13.2):
New Year's Day
Martin Luther King, Jr. Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving Day
Christmas Day
January 1
Third Monday In January
Third Monday in February
Last Monday in May
July4
First Monday in September
Fourth Thursday in November
Fourth Friday in November
December 25.
15.2 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.
15.3 The nine (9) holidays shall be considered non-workdays.
15.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency
reasons, employees may be scheduled or "called back" in accordance with Article 10 (Call
Back).
15.5 Employees called in to work on a designated holiday shall be compensated at the rate of
two (2) times the basic hourly rate for all hours worked.
15.6 If Martin Luther King, Jr. Day or Presidents' Day falls on a day when school is in session,
the employee shall work that day at siraight time and another day shall be designated as
the holiday. This designated holiday shall be a day determined by agreement between
the employee and his supervisor.
15.7 If Martin Luther King Jr. Day, Presidents' Day or the Day After Thanksgiving falls on a day
when school is not in session, that day will normally be an unpaid holiday. If the Employer
schedules work on such days, employees will be offered an opportunity to work that day
at the straight-time rate and will not be required to take another day off to replace the
holiday. If the employee is called in on such day, they will be called in accordance with
Article �0 and paid as in 15.5.
15.8 In order to be eligible for holiday pay for the Labor Day Holiday, employees who are on
active payroll status preceding and following the Labor Day Holiday shall receive pay for
the Labor Day Holiday.
15.9 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 regular pay.
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ARTICLE 16. DISCIPLINARY PROCEDURES •
16.1 The Employer shall 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:
162.1 Oral reprimand;
1622 Written reprimand;
162.3 Suspension;
16.2.4 Demotion;
162.5 Discharge.
16.3 Employees who are suspended, demoted or discharged shall retain all rights under
Minnesota Statute § 179A20, Subd. 4, and thereby shall have the right to request that
such actions be considered a"grievance" for the purpose of processing through the
provisions of Article 22 (Grievance Procedure). Once an employee or the Union in the
employee's behalf initiates review of an action, that matter shall not again be reviewed in
another forum. Oral reprimands shall not be subject to the grievance review process.
ARTICLE 17. ABSENCES FROM WORK
17.'I Employees who are unable to report for their normal workday have the responsibility to •
notify their supervisor of such absence as soon as possible, but in no event later than the
beginning of such workday.
172 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 workdays
may be considered a"quiY' by the Employer on the part of the employee.
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• ARTICLE 18. SENIORITY
18.1 Effective May 1, 1993, for the purpose of this Article, the terms shall be defined as
follows:
� 8.1.1 The term, "Employer," shall mean Independent School District No. 625, Saint
Paul Public Schools.
18.1.2 The term, "Master Seniority," shall mean the length of continuous regular and
probationary service with the Employer from the date an employee was first
appointed to any class title with the Employer covered by this Agreement.
18.1.3 The term, "Class Seniorit�' shall mean the length of continuous regular and
probationary service with the Employer from the date an employee was first
appointed to a position with the Employer in a class title covered by this
Agreement.
This section 18.1.3 is intended to mean that on or after May 1, 1993, an
employee who is newly hired to the Employer (District), no matter what the
person's prior experience or how hired by the District, will have his/her class
seniority start at zero on the day of appointment to a School District position in
that title and seniority will begin to be calculated from that date. An employee's
Class Seniority does not revert to zero following recall from an Employer initiated
layoff within the twenty-four (24) month recall rights period specified in 18.4. This
definition of class seniority will be used for all layoff decisions.
18.2 Seniority shall not accumulate 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 injury; is granted to allow an employee to accept an appointment to the
unclassified service of the Employer or to an elected or appointed full-time position with
the Union.
18.3 Seniority shall terminate 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 workforce,
employees will be laid off by class title within each Department based on inverse length of
"Class Seniority." Employees laid off by the Employer shall have the right to
reinstatement in any lower-paid class title previously held which is covered by this
Agreement, provided the employee has greater "Class Seniority' than the employee being
replaced. Recall from layoff shall be in inverse order of layoff, except that reca�l rights
shall expire after twenty-four (24) months from the last day of work preceding the layoff.
No other Civil Service recall rights to this Employer shall apply. This provision does not
address any rights the employee may have to be recalled to any other employer.
18.5 The selection of vacation periods shall be made by class title based on length of "Class
Seniority," subject to the approval of the Employer.
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ARTICLE 19. JURISDICTION
19.1 Disputes concerning work jurisdiction between and among a union is recognized as an
appropriate subject to determination by the various unions representing employees of the
Employer.
192 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual
agreements between the unions involved.
19.3 In the event of a dispute concerning the performance or assignment of work, the unions
involved and the Employer 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 clarified by
Sections 192 and 19.3 above shall be subject to disciplinary action as provided in
Article 16 (Disciplinary Procedures).
19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a
work assignment.
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ARTICLE 20. SEPARATION
20.� Employees having a probationary or regular employment status shall be considered �
separated from empioyment based on the following actions:
20.1.1 Resiqnation. Employees resigning from employment shall give written notice
fourteen (14) calendar days prior to the effective date of the resignation.
20.1.2 Discharqe. As provided in Article 16.
20.1.3 Failure to Report for DuN. As provided in Article 17.
202 Employees having a temporary employment status may be terminated at the discretion of
the Employer before the completion of a normal workday.
ARTICLE 21. TOOLS
21.1 All employees shali personally provide themselves with the tools of the trade as listed in
Appendix B.
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ARTICLE 22. GRIEVANCE PROCEDURE
22.1 The Employer shall recognize Stewards selected in accordance with Union rules and
regulations as the grievance representative of the bargaining unit. The Union shall notify
the Employer in writing of the names of the Stewards and of their successors when so
named.
222 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 wfth such employee duties 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 Steward 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, except as previously noted in Article 16
(Disciplinary Procedures), be the sole and exclusive procedure, for the processing of
grievances, which are 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:
Steo 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 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 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 of
the event giving rise to the grievance, shall be considered waived.
Steo2. Within seven (7) calendar days after receiving the written grievance, a
designated Employer Supervisor shall meet with the Union Steward and
attempt to resolve the grievance. If, as a result of this meeting, the grievance
remains unresolved, the Employer shall reply in writing to the Union within three
(3) calendar days following this meeting. The Union may refer the grievance in
writing to Step 3 within seven (7) calendar days following receipt of the
Employer's written answer. Any grievance not reterred in writing by the Union
within seven (7) calendar days following receipt of the Employer's answer shall
be considered waived.
•
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ARTICLE 22. GRIEVANCE PROCEDURE (continued)
Steo 3. Within seven (7) calendar days following receipt of a grievance referred from
Step 2, a designated Employer Supervisor shall meet with the Union Business
Manager or a designated representative and attempt to resolve the grievance.
Within seven (7) calendar days following this meeting, the Employer shall reply
in writing to the Union stating the Employer's answer concerning the grievance.
If, as a result 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
EmployeTs answer shall be considered waived.
Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar
days after the response of the Employer in Step 3, by written notice to the
Employer, request arbitration of the grievance. The arbitration proceedings
shall be conducted by an arbitrator to be selected by mutual 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 arbitrator 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 (1st) name; the Employer shall then strike one (1) name.
The process will be repeated and the remaining person shail be the arbitrator.
•
22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from
the provisions of this Agreemeni. The arbitrator shall consider and decide only the
specific issue submitted in writing by the Employer and the Union and shali 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 appiication of laws, rules or regulations having the force and effect of law.
The arbitrator's decision shall be submitted in writing within thirty (30) days foilowing close
of the hearing or the submission of briefs by the parties, whichever be later, unless the
parties agree to an e�ension. 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 final and binding on the
Employer, the Union, and the employees.
22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne
equally by the Employer and the Union, provided that each party shall be responsible for
compensating its own representative 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.
•
12
• 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
would result in a reduction of the workforce covered by this Agreement, the Employer
shall give the Union a ninety (90)-calendar day notice of the intention to subcontract.
232 The subcontracting of work done by the employees covered by this Agreement shal{ in alf
cases be made only to employers who qualify in accordance with Ordinance No. 14013.
ARTICLE 24. NONDISCRIMINATION
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 nonmembership in the Union.
242 Employees will perform their duties and responsibilities in a nondiscriminatory manner as
such duties and responsibilities involve other employees and the general public.
ARTICLE 25. SEVERABILITY
25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by
� proper Iegislative, 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 negotiations to place the voided
provisions of the Agreement in compliance with the legislative, administrative or judicial
determination.
ARTICLE 26. WAIVER
26.1 The Employer and the Union acknowledge that during the meeting and negotiating which
resulted in this Agreement, each had the right and opportunity to make proposals with
respect to any subject concerning the terms and conditions of employment. The
agreements and understandings reached by the parties after the exercise of this right are
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 condition of
employmeni whether specifiicalfy covered or not specifiicalfy 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 regarding the terms and conditions of employment, to the extent they are
inconsistent with this Agreement, are hereby superseded.
r
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ARTICLE 27. MILEAGE
27.1 Employees of the School District, under policy adopted by the Board of Education, may be
reimbursed for the use of their automobiles for school business. The mileage allowance
for eligible employees shall be established ai the discretion of the Board. According to
Board Policy, the rate will be adjusted every July 1 to conform to IRS allowable rates.
An employee must keep a record of each trip made. Reimbursement shall be for the
actual mileage driven in the performance of assigned duties as verified by the appropriate
school district administrator and in accordance with School District Business Office
policies and procedures.
ARTICLE 28. SAFETY
28.1 Accident and injury-free operations shall be the goal of the Employer and employees. To
this end, the Employer and employees wiil, to the best of their ability, abide by and live up
to the requirements of the several state and federal Construction Safety Codes and
Regulations.
•
282 To this end, the Employer shall from time to time issue rules or notices to his employees
regarding on-the-job safety requirements. Any employee violating such rules or notices
shall be subject to disciplinary action. No emptoyee may be discharged for refusing to
work under unsafe conditions. �
28.3 Such safety equipment as required by governmental regulations shall be provided without
cost to the employee. At the Employer's option, the employees may be required to sign
for safety equipment and shall be obligated to return same upon discharge, layoff, quit or
other termination in comparable condition as when issued, providing reasonable wear and
tear. The Employer shall have the right to withhold the cost of such safety equipment if
not returned.
28.4 The Empioyer agrees to pay $60.00 toward the cost of each pair of safety shoes
purchased by an employee who is a member of this unit. The Employer shall contribute
for the cost of up to one pair of shoes per year and shall not be responsible for any
additio�al cost for any additional shoes thereafter. This reimbursement of $60.00 per pair
of shoes shall be made only after investigation and approval by the immediate supervisor
of that employee. This $60.00 per pair of shoes contribution to be made by the Employer
shall apply to those employees who must wear protective shoes or boots for their
employment.
•
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ARTICLE 29. LEGAL SERVICES
29.1 Except in cases of malfeasance in office or willful or wanton neglect ot duty, or
indifference to rights of others, the Employer shall defend, save harmless, and indemn'rfy
an employee against tort claim or demand, whether groundless or otherwise, arising out
of alleged acts or omission occurring in the performance or scope of the employee's
duties.
29.2 Notwithstanding the provisions of Section 29.1, the Employer shall not be required to
defend or indemnify any employee against personal liability or damages, costs or
expenses
(a) resulting from a claim, suit, verdict, finding, determination or judgment that the
employee has committed an intentional tort or torts, including but not Iimited to
slander, libel, and/or other defamatory harms; or
(b) arising out of cross claims, counterclaims, affirmative defenses and/or separate
actions brought against such employee in response to or resulting from claims,
allegations, demands or actions (whether or not litigation was actually commenced)
brought, made or instituted by such employee.
�
29.3 Notwithstanding the provisions of Section 29.1 or 292, the Employer may at its sole
discretion defend an employee against allegations, claims, demands or actions wholly or
in part based on or arising out of claimed intentional torts, and in such cases, the
employee consents to the extent lawfully permitted to such representation without regard
to actual or potential conflicts of interest.
29.4 Each employee, within twenty (20) days after receiving notice of
(1) a tort claim or demand, action, suit or proceeding against him or her,
(2) a judgment, verdict, finding or determination, either of which arises out of alleged or
found acts or omissions occurring in the performance or scope of the employee's
duties, shall notify the Employer by giving written notice thereof to the Employer's
General Counsel.
u
ARTICLE 30. COURT DUTY LEAVE
30.� Any employee who is required to appear in court as a juror or as a subpoenaed witness
shall be paid his/her regular pay while so engaged, unless the court duty is the result of
litigation undertaken by the employee or the Union against the Employer. Any fees that
the employee shall receive from the court for such service shall be paid to the Employer.
Any employee who is scheduled to work a shift other than the normal daytime shift, shall
be rescheduled to work the normal daytime shift during such time as he/she is required to
appear in court as a juror or witness.
15
ARTICLE 31. DURATION AND PLEDGE
31.1 This Agreement shall become effective as of the date of signing, except as spec�caily
provided otherwise in this Agreement and shail remain in effect through the 30th day of
April 2005, and continue in effect from year to year thereafter uniess notice to change or
to terminate is given in the manner provided in 31.2.
31.2 If either party desires to terminate or modify this Agreement effective as of the date of
expiration, the party wishing to modify or terminate the Agreement shali give written
notice to the other party, not more than ninety (90) or less than sixty (60) calendar days
prior to the expiration date, provided that the Agreement may only be so terminated or
mod�ed effective as of the expiration date.
31.3 In consideration of the terms and conditions of empioyment estabiished by this
Agreement and the recognition that the Grievance Procedure herein established is the
means by which grievances conceming its application or interpretation may be peacefuAy
resolved, the parties hereby pledge that during the tertn of the Agreement:
31.3.1 The Union and the employees will not engage in, instigate or condone any
concerted action in which employees fail to report for duty, wilifuily absent
themseives from work, stop work, slow down their work or absent themselves
in whole or part from the fuil, faithful perfortnance of their duties of employment.
31.3.2 The Employer wili not engage in, instigate or wndone any lockout of
employees.
31.3.3 This constitutes a tentative Agreement between the parties that wiil be
recommended by the Negotiations/Labor Relations Manager, but is subject to
the approval of the Board of Education, and is also subject to ratification by the
Union.
The parties agree and attest that this Agreement represents the fuil and complete understanding
of the parties for the period of time herein specified by the signature of the following
representatives for the Employer and the Union.
WITNESSES:
�—�� — ��
Date
UNITED ASSOCIATION OF PLUMBERS
LOCAL NO. 34
` � r l„LP � '�'� �-.� ���'.
Business M : ger
�-- ay-82
Date
16
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Assistant Manager
� APPENDIX A
The classes of positions recognized by the Employer as being exclusively represented by
the Union are as follows:
Apprentice - Plumber
Plumber
Lead Plumber
and other classes of positions that may be established by the Employer where the duties and
responsibilities assigned come within the jurisdiction of the Union.
APPENDIX B
Tools of the trade:
� 6' Folding rule
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APPENDIX C
C1 The total hourly cost to the Employer for wages plus any and all contributions or
deductions stated in Appendix D of this Agreement shall not exceed the following amounts:
Plumber
lead Plumber
Effective Effective
5/4/2002 5/3/2003
$40.84 $43.14
$43.39 $45.69
Effective
5/1 /2004��>
��)
��)
C2 The total tvcable hourly rate including wages and the vacation contribution in Appendix D
and excluding all other benefit costs and obligations in Appendix D, for regular and probationary
employees who are subject to PERA and who are appointed to the following classes of positions
shall be as follows:
Plumber
Lead Plumber
Effective Effective
5/4/2002 5/3/2003
$28.95 "
$31.47 *
Effective
5/1 /2004
C2A The basic hourly wage rates in this P.ppendix (C2A) are for compensation analysis
ourooses onlv. These figures represent the portion of the Appendix C1 rates above spec'rfically
allocated to wages. These rates do NOT include taxable contributions and therefore should NOT
be used for taxable payroll calculations. See Appendix C2 above for total taxable payroll
information.
Plumber
l.ead Plumber
Effective Effective
5/4/2002 5/3/2003
$2428 '
$26.80 *
Effective
5/1/2004
��> Note For Appendix C1: The parties agree that for the third year of this Agreement, there will be a
reopener to discuss wages and benefits only. The May t, 2004, total hourly cost and distribution will be
negotiated at that time.
` The May 3, 2003, hourly rates in Appendices C2, C2A, C3 and C4 shall be determined at a later date
based on the allocation agreed to by the Employer and the Union of the May 3, 2003, total hourly cost
stated in Appendix C1.
" The May 1, 2004, hourly rates in Appendices C2, C2A, C3 and C4 shall be determined at a later date
based on the allocation agreed top by the Employer and the Union of the May 1, 2004, totai hourly cost
determined for the third-year wage reopener.
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APPENDIX C (continued)
C3 The total taxable hourly rate including wages and the vacation contribution in Appendix D
for temporary employees appointed to the following classes of positions shall be:
Effective
5/4/2002
Plumber
Lead Plumber
$30.55
$33.10
C4 The total taxable hourly rate including wages and the vacation contribution in Appendix D
for regular and probationary employees who are not subject to PERA and who are appointed to
the following classes of positions shall be:
Plumber
Lead Plumber
Effective
5/4/2002
$30.55
$33.10
Effective Effective
5/3/2003 5/1/2004
Effective Effective
5/3/2003 5/1/2004
C5 The basic hourly wage rates for the Apprentice class of positions:
Apprentice
0
7
13
19
25
31
37
43
49
55
6 months ..................
12 months ................
18 months ................
24 months ................
30 months ................
36 months ................
42 months ................
48 months ................
54 months ................
60 months ................
........ 50% of Plumber rate
........ 55%of Plumber rate
........ 60% of Plumber rate
........ 65% of Plumber rate
........ 70% of Plumber rate
........ 75% of Plumber rate
........ 80% of Plumber rate
........ 85% of Plumber rate
........ 90% of Plumber rate
........ 95% of Plumber rate
The total compensation (wages and fringes) received by employees covered by this Agreement
shall be equivalent in money to the total package paid by the Employer to employees in
comparable classifications in ihe Agreement between Local 34 and the Twin Cities Piping industry
Association.
The total package cost shall exclude any costs of payments made for industry promotion and/or
advertisement or any other purposes not directly and clearly beneficial to the public employer.
in the event Local 34 and any plumbing contractor affiliated or not affiliated with the Twin Cities
Piping Industry Association and doing business in the seven-county metropolitan area agree to a
total commercial package different from the above total commercial package and which is less
than the above total package, such differences shall be immediately applicable to the total
compensation paid to employees covered by this Agreement.
' The May 3, 2003, hourly rates in Appendices C2, C2A, C3 and C4 shall be determined at a later date
based on the allocation agreed to by the Employer and the Union of ihe May 3, 2003, total hourly cost
stated in Appendix C1.
" The May 1, 2004, hourly rates in Appendices C2, C2A, C3 and C4 shall be determined at a later date
based on the allocation agreed top by the Employer and the Union of the May 1, 2004, total hourly cost
determined for the third-year wage reopener.
19
APPENDIX D
Effective May 4, 2002, the Employer shall forvvard the amounts designated in this Appendix D for
employees covered by this Agreement to depositories as directed by the Union and agreed to by
the Employer:
(1) $4.67 per hour for all hours worked by regular employees from which all appropriate
payroll deductions have been made to a Union-designated Credit Union Vacation Fund.
$3.92 per hour for all hours worked by temporary employees from which all appropriate
payroll deductions have been made to a Unio� designated Credit Union Vacation Fund.
(2) $4.11 per hour for all hours worked to a Union-designated Health and Weifare Fund.
(3) $2.92 per hour for all hours worked to a Union-designated Pension Fund.
(4) $3.00 per hour for aIl hours worked to a Union-designated AnnuiN Fund.
(5) $21 per hour for all hours worked to a Union-designated Journevman and Apprenticeship
Trainina Fund.
(6) $.OS per hour for all hours worked to a Union-designated Intemational Trainina Fund.
The Employer shall make legally established non-negotiated pension contributions to
PERA. Changes in the mandated PERA rate may change the calculated hourly base rate
of pay so the employer's cost does not exceed the amounts listed in Appendix C1 above.
All contributions made in accordance with this Appendix D shall be deducted from and are not in
addition to the amounts shown in Appendix C1. The Appendix D amounts shall be forv✓arded to
the Twin Citv Pioe Trades Service Association.
The Employer shall establish Workers' Compensation and Unempioyment Compensation
programs as required by Minnesota Statutes.
Employees covered by this Agreement shall not be eligible for, governed by or accumulate
vacation, sick leave, holiday, funeral leave, or insurance fringe benefits that are or may be
established by Personnel Rules Council Ordinance or Council Resolutions.
The Employer's fringe benefit obligation to employees is limited to the contributions and/or
deductions established by this Agreement. The actual level 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.
.
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20
�
INDEX
, A M
Absences From Work ................................8 Mileage.....................................................14
Apprentice Wage Rates ...........................19 N
.
C
Nondiscrimination ....................................13
CallBack ....................................................5 �
Classes of Positions ................................17
Court Duty Leave .....................................15 Overtime ....................................................4
D p
Depositories As Directed by the Union....20 Probationary Periods ..................................3
Discharge.................................................10 R
Discipl i ne .................................................... 8
Dispute Concerning the Performance or Resignation ..............................................10
Assignment of Work .............................10
S
E
Safety .......................................................14
Employer Rights .........................................1 Seniority.....................................................9
F Separation From Employment .................10
S eve ra b i I ity ...............................................13
Failure to Report for Duty .........................10 Subcontracting.........................................13
Fringe Benefits ...........................................6 T
• G
Tools ..................................................10, 17
Grievance ................................................11 V
H
Union Rights ...............................................2
Health Insurance Premium Contributions..6 w
HolidayPay ................................................7
Holiday Pay for the Labor Day Holiday......7 Wage Rates .............................................18
Holidays.....................................................7 Wages........................................................5
Hourly Rate of Pay ...................................18 Waiver......................................................13
Hours of Work ............................................4 Work Location............................................5
� W orkday .....................................................4
Workweek ..................................................4
Job Safety Requirements ........................14
Jurisdiction ...............................................10
L
Lead Plumber ............................................6
Legal Services .........................................15
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21
INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION
SAINT PAUL PUBLIC SCHOOLS
DATE: July 16, 2002
TOPIC: Approval of an Employment Agreement with Sheet Metal Workers
International Association, Local 10, to Establish Terms and Conditions of
Employment for 2002-2005
A. PERTINENT FACTS:
1. New Agreement is for the three-year period May 1, 2002 through April 30, 2005.
2. Contract changes are as follows:
Waqes: Wage and benefit changes reflect prevailing wage for the industry. The third year will
be a reopener for wages only.
3. The remaining language provisions of the previous contract remain essentially unchanged,
except for necessary changes to dates and outdated references.
4. The District has four (4) regular F.T.E. in this bargaining unit.
5. This agreement maintains the DistricYs fiscal structural balance.
6. The maintenance of buildings promotes a quality learning environment that supports the
teaching target of preparing all students for life.
7. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager;
Wayne Arndt, Negotiations/Labor Relations Manager; Richard Kreyer, Executive Director of
Human Resources and Labor Relations; Patrick Quinn, Executive Director of School
Services; and Lois Rockney, Executive Director of Business and Financial Affairs.
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
Agreement concerning the terms and conditions of employment of those employees in this school
district for whom Sheet Metal Workers International Association, Local 10, is the exclusive
representative; duration of said Agreement is for the period of May 1, 2002 through April 30, 2005,
and that the Board of Education of Independent School Disfrict No. 625 adopf a resolufion that
this agreement maintains the DistricYs fiscal structural balance.
�
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ARTICLE
ArtiGe � .
ArtiGe 2.
Articie 3.
Articie 4.
Article 5.
Article 6.
Articie 7.
Articie 8.
Article 9.
Article 10.
ArtiGe 11.
Article l2.
Article 13.
Article 14.
Article 15.
Article 16.
Article 17.
ArtiGe 18.
Article 19.
Article 20.
ArtiGe 21.
Article 22.
Article 23.
Article 24.
Article 25
Article 26.
Article 27.
Article 28.
TABLE OF CONTENTS
TITLE
Preamble..................................................................
Purpose ....................................................................
Recognition..............................................................
EmployerRights .......................................................
UnionRights ............................................................
Scope of the Agreement ..........................................
Probationary Periods ................................................
Philosophy of Employment and Compensation .......
Hours of Work .............�---�---.....................................
Overtime....--� ............................................................
CallBack ..................................................................
Worklocation ..........................................................
Wages.............................�--......................................
Fringe Benefits ..-°°°°-°°° ......................................,
Selection of Lead Sheet Metal Worker ...................,
Holidays..................................................................,
Disciplinary Procedures ..........................................,
Absences from Work ................................................
Seniority..................................................................,
Jurisdiction......................�---....................................,
Separation................................................................
Tools...............•---...........-�-•---...................................
Grievance Procedure ..............................................,
Right of Subcontract .................................................
Non-Discrimination ...................................................
Severability...............................................................
Wa iver ......................................................................
Mileage .....................................................................
Duration and Piedge ................................................
APPendixA ...............................................................
APPendixB ...................................:..........°°°°°--....
APPendix ...............................................................
APPendixD ...............................................................
PAGE
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°•°-°-.......
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.... ..................... 3
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........................ 5
........................ 6
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11
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......---� ........................
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.......---� .......................
.................................. 20
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PREAMBLE
This Agreement is entered into between Independent School District No. 625, hereinafter
referred to as the Employer, and the Sheet Metal Workers International 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 Independent School District No. 625 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 primarily on attitudes between people at all levels of responsibility.
Constructive attitudes of the Employer, the Union, and the individual employees will best serve the
needs of the general public.
•
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iv
• 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
operatio�s and the highest level of employee performance that is consistent with the
safety and well being of all concerned;
1.12 Set forth rates of pay, hours of work, and other conditions of employment 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 this Agreement without loss of manpower productivity.
1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislatio�
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 statute as provided by Article 25 (Severability).
ARTICLE 2. RECOC�NITION
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, and
• temporary employed in the classes of posRions defined in 22 as certified by the Bureau of
Mediation Services in accordance with Case No. 89-PR-2352 dated December 7, 1989.
2.2 The classes of positions recognized as being exclusively represented by the Union are as
listed in Appendix A.
ARTICLE 3. EMPLOYER RIGHTS
3.1 The Employer retains the right to operate and manage all manpower, 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.
32 Any "term or condition of employmenY' not established by this Agreement shall remain with the
Employer to eliminate, modify or establish following written notification to the Union.
�
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 bythe 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.� 2 The Union shall indemnify and save harmless 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 bargaining unit to act as a Steward and
shall inform the Employer in writing of such designation. Such employee shail have the rights
and responsibilities as designated in Article 22 (Grievance Procedure).
4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or
his designated representative shall be permitted to enter the facilities of the Employer where
employees covered by this Agreement are working.
ARTICLE 5. SCOPE OF THE AGREEMENT
•
5.1 This Agreement estabiishes the `Yerms and conditions of employmenY' defined by Minnesota
Statute § 179A.03, Subdivision 19, for all employees exclusively represented by the Union. •
This Agreement shall supersede such 'Yerms and conditions of employmenY' established by
Civil Service Rule, Council Ordinance, and Council Resolution.
� J
. ARTICLE 6. PROBATIONARY PERIODS
6.1 All personnel, originally hired or rehired following separation in a regular employment status
shall serve a six (6)-month probationary period during which time the employee's fitness and
ability to perform the class of positions' 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
Procedure).
6.12 An employee terminated during the probationary period shall receive a written notice of
the reason(s) for such termination, a copy of which shall be sent to the Union.
62 All personnel promoted to a higher class of positions shall serve a six (6)-month promotional
probationary period during which time the employee's fitness and ability to perform the class of
positions' 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 of positions at the discretion of the Employer
without appeal to the provisions of Article 22 (Grievance Procedure).
6.22 An employee demoted during the promotional probationary period shall be returned to
the employee's previously held class of positions and shall receive a written notice of
the reasons for demotion, a copy of which shall be sent to the Union.
• ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The Employer and the Union are in full agreement ihat the philosophy of employment and
compensation shall be a"cash" hourly wage and "industry' fringe benefit system.
72 The Employer shall compensate employees for all hours worked at the basic hourly wage rate
and hourly fringe benefit rate as tound in Articles 12 (Wages) and 13 (Fringe Benefits).
7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee
except as specifically provided for in this Agreement.
•
ARTICLE 8. HOURS OF WORK •
8.1 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty
(30)-minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m.
8.2 The normal work week shall be five (5) consecutive normal workdays Monday through Friday.
8.3 If, during the term of this Agreement, it is necessary in the Employers judgment to establish
second and third shifts or a work week of other than Monday through Friday, the Union agrees
to enter into negotiations immediately to establish the conditions of such shifts and/or work
weeks.
8.4 This Section shall not be construed as, and is not a guarantee of, any hours of work per normal
workday or per normal work week.
8.5 All employees shall be at the location designated by their supervisor, ready for work, at the
established starting time and shall remain at an assigned work location until the end of the
established workday unless otherwise directed by their supervisor.
8.6 All employees are subject to call back by the Empioyer as provided by Articie '10 (Call Back).
8.7 Employees 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 workday.
•
•
0
• ARTICLE 9. OVERTIME
9.1 All overtime compensated for by the Employer must receive prior authorization from a
designated Employer supervisor. No overtime work claim will be honored for payment or credit
unless approved in advance. An overtime claim will not be honored, even though shown on
the time card, u�less the required advance approval has been obtained.
9.2 The overtime rate of one and one-half (1-1/2) the basic hourly rate shall be paid for work
performed under the following circumstances:
92.1 Time worked in excess of eight (8) hours in any one normal workday, and
9.22 Time worked on a sixth (6th) day following the normal work week.
9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under
the following circumstances:
9.3.1 Time worked on a seventh (7th) day following the normal work week; and
9.3.2 Time worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour
period, provided that all "emergenc�' work required by "Acts of God" shall be
compensated at the rate of one and one-half (1-1/2).
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 (except for the amount
specified in Appendix D(3), National Pension Fund). All contributions for the National Pension
Fund (Appendix D(3) for each employee covered by this Agreement shall be compensated
• based on hours oaid. and not hours worked: such that hours paid at time and one-half shall
receive contributions at 1.5 times the rate specified in Appendix D(3), and two (2) times the
rate specified in Appendix D(3) for double time hours paid.
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 BACK
10.1 The Employer retains the righi to call back employees before an employee has started a
normal workday or normal work week and after an employee has completed a normal workday
or normal work week.
102 Employees called back shall receive a minimum of four (4)-hours' pay at the basic hourly rate.
10.3 The hours worked based on a call back shall be compensated in accordance with Article 9
(Overtime), when applicable, and subject to the minimum established by 10.2 above.
10.4 Employees called back four (4) hours or less prior to their normal workday shall complete the
normal workday and be compensated only for the overtime hours worked in accordance with
Article 9 (Overtime).
ARTICLE 11. WORK LOCATION
11.1 Employees shall report to work location as assigned by a designated Employer supervisor.
During the normal workday, employees may be assigned to other work locations at the
discretion of the Employer.
•
� 12 Employees assigned to work locations during the normal workday other than their original
assignment, and who are required to furnish their own transportation, shall be compensated for
mileage, as set forth in Article 27 (Mileage). .
ARTICLE �2. WAGES
'12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked
by an employee covered by this Agreement.
122 Regular employees 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 Benefits).
�2.3 Temporary employees shall 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).
�
• ARTICLE 13. FRINGE BENEFITS
13.1 The Employer shall make contributions on behalf of and/or make deductions from the wages of
participating employees as defined by Article �2.2 and 12.3 covered by this Agreement in
accordance with Appendix D for all hours worked.
132 Effective May 1, 1986 temporary, probationary, and regular employees shall be eligible for a
paid holiday for Labor Day, the first Monday in September.
13.3 The Employer will for the period of this Agreement provide, for those employees who were
eligible for the Employe�'s health and welfare plan and who have retired since February 1,
1975, such health insurance premium contributions up to the same dollar amounts as are
provided by the Employer at the date of early retirement and the cost of premium contributions
toward $5,000 life insurance coverage until such employees reach sixty-five (65) years of age.
In order to be eligible for the premium contributions under the provision 13.4 the employee
must:
13.3.1 Be receiving benefits from a public employee retiree act at the time of retirement.
13.3.2 Have severed the employment relationship with the City of Saint Paul and/or
Independent School District No. 625 under one of the early retiree plans.
13.3.3 Inform the Human Resource Department of Independent School District No. 625 and
Office of Human Resources - City of Saint Paul in writing within sixty (60) days of
employee's early retirement date that he or she wished to be eligible for early retiree
insurance benefits.
• 13.4 An employee who retires at age sixty-five (65) or later and who meet the criteria in 13.3 or for
early retirees who qualified under 13.3 and have reached age sixty-five (65) after retirement
the Employer will provide payment of premium for a Medicare supplement health coverage
policy selected by the Employer.
ARTICLE 14. SELECTION OF LEAD SHEET METAL WORKER
�4.1 The selection of personnel for the class of position Lead Sheet Metal Worker shall remain
solely with the Employer.
142 The class of position Lead Sheet Metal Worker shall be filled by employees of the bargaining
unit on a "temporary assignment"
14.3 All "temporary assignments" shall be made only at the direction of a designated Employer
supervisor.
14.4 Such "temporary assignments" shall be made only in cases where the class of positions is
vacant for more than one (1) normal workday.
•
7
ARTICLE 15. HOLIDAYS
15.1 The following nine (9) days shall be designated as unpaid holidays (except Labor Day as noted
in Article 132):
New Year's Day
Martin Luther King, Jr. Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving Day
Christmas Day
January 1
Third Monday In January
Third Monday in February
Last Monday in May
July 4
First Monday in September
Fourth Thursday in November
Fourth Friday in November
December 25.
15.2 When New Years Day, Independence Day or Christmas Day fa�ls 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.
il.7R3
15.4
15.5
The nine (9) holidays shall be considered non-workdays.
If, in the judgment of the Employer, personnel are necessary for operating or emergency
reasons, employees may be scheduled or "called back" in accordance with Article 10 (Call
Back).
Employees called in to work on a designated holiday shall be compensated at the rate of two
(2) times the basic hourly rate for all hours worked.
15.6 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 regular pay.
in order to be eligible for holiday pay for the Labor Day Holiday, employees who are on active
payroll status preceding and following the Labor Day Holiday shall receive pay for the Labor
Day Holiday.
15.7 When Martin Luther King Jr. Day, Presidents' Day or the Day After Thanksgiving falls on a day
when school is in session, the employee shall work that day at straight time and another day
shall be designated as the holiday. This designated holiday shall be a day on which school is
not in session and shall be determined by agreement between the employee and the
supervisor.
15.8 If Martin Luther King Jr. Day, Presidents' Day or the Day After Thanksgiving falls on a day
when school is not in session, that day will normally be an unpaid holiday. If the Employer
schedules work on such days, employees wiil be offered an opportunity to work that day at the
straight-time rate and will not be required to take another day off to replace the holiday. If the
employee is called in on such day, they will be called in accordance with Article 10 and paid as
in �5.5.
•
�
•
• ARTICLE 16. DISCIPLINARY PROCEDURES
16.1 The Employer shall 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:
162.1 Oral reprimand;
16.2.2 Written reprimand;
162.3 Suspension;
162.4 Demotion;
� 6.2.5 Discharge.
16.3 Employees who are suspended, demoted or discharged shall retain all rights under Minnesota
Statute § 179A20, Subd. 4, and thereby shall have the right to request that such actions be
considered a"grievance" for the purpose of processing through the provisions of ARicle 22
(Grievance Procedure). Once an employee or the Union in the employee's behalf initiates
review of an action, that matter shall not again be reviewed in another forum. Oral reprimands
shall not be subject to the grievance review process.
ARTICLE 17. ABSENCES FROM WORK
17.1 Employees who are unable to report for their normal workday have the responsibility to notify
their supervisor of such absence as soon as possible, but in no event later than the beginning
of such workday.
172
17.3
Failure to make such notification may be grounds for discipline as provided in Article 16
(Disciplinary Procedures).
Failure to report for work without notification for three (3) consecutive normal workdays may be
considered a"quiY' by the Employer on the part of the employee.
•
ARTICLE 18. SENIORITY
18.1 Effective May 1, 1993, for the purpose of this Article, the following terms shall be defined as
follows:
18.1.1 The term "Employer" shall mean Independent School District No. 625, Saint Paul
Public Schools.
18.12 The term "Master Seniorit�' shall mean the length of continuous regular and
probationary service with the Employer from the date an employee was first
appointed to any class title with the Employer covered by this Agreement.
18.�.3 The term "Class Seniorit�' shall mean the length of continuous regular and
probationary service with the Employer from the date an employee was first
appointed to a position with the Employer in a class title covered by this Agreement.
This Section 18.�.3 is intended to mean that on or after May 1, '1993, an employee
who is newly hired to the Employer (District), no matter what the person's prior
experience or how hired by the District, will have his/her class seniority start at zero
on the day of appointment to a School District position in that title and seniority will
begin to be calculated from that date. An employee's Class Seniority does not revert
to zero following recall from an Employer initiated layoff within the twenty-four (24)-
month recall rights period specified in 18.4. This definition of class seniority will be
used for all layoff decisions.
�
18.2 Seniority shall not accumulate 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 injury;
is granted to allow an employee to accept an appointment to the unclassified service of the •
Employer or to an elected or appointed full-time position with the Union.
18.3 Seniority shall terminate 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 workforce,
employees will be laid off by class title within each DepaRment based on inverse length of
"Class Seniority." Employees laid off by the Employer shall have the right to reinstatement in
any lower-paid class title previously held which is covered by this Agreement, provided the
employee has greater "Class Seniorit�' than the employee being replaced. Recall from layoff
shall be in inverse order of layoff, except that recall rights shall expire after twenty-four (24)
months from the last day of work preceding the layoff. No other Civil Service recall rights to this
Employer shall apply. This provision does not address any rights the employee may have to be
recalled to any other employer.
18.5 The selection of vacation periods shall be made by class title based on length of "Class
Seniorit�' subject to the approval of the Employer.
•
10
ARTICLE 19. JURISDICTION
u
19.1 Disputes concerning work jurisdiction between and among unions are recognized as an
appropriate subject for determination by the various unions representing employees of the
Employer.
192 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual
agreements between the unions involved.
19.3 In the event of a dispute concerning the performance or assignment of work, the unions
involved and the Employer 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 clarified by Sections
192 and 19.3 above shall be subject to disciplinary action as provided in Article 16
(Disciplinary Procedures).
19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work
assignment.
ARTICLE 20. SEPARATION
20.1 Employees having a probationary or regular employment status shall be considered separated
from employment based on the following actions:
•
20.1.1 Resiqnation. Employees resigning from employment shall give written notice
fourteen (14) calendar days prior to the effective date of the
resignation.
20.12
20.1.3
Discharqe. As provided in Article 16.
Failure to Report for DuN. As provided in Article 17.
202 Employees having a temporary employment status may be terminated at the discretion of the
Employer before the completion of a normal workday.
ARTICLE 21. TOOLS
21.1 All employees shall personally provide themselves with the tools of the trade as listed in
Appendix B.
•
11
ARTICLE 22. GRIEVANCE PROCEDURE
22.1 The Employer shall recognize Stewards selected in accordance with Union rules and
regulations as the grievance representative of the bargaining unit. The Union shall notify the
Employer in writing of the names of the Stewards and of their successors when so named.
222 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 duties 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
Steward and the employee have not'rfied 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, except as previously noted in Article '16
(Disciplinary Procedures) be the sole and exclusive procedure, for the processing of
grievances, which are 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:
C �
Steq 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 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 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 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
Employer supervisor shall meet with the Union Steward and attempt to resolve the
grievance. If, as a result of this meeting, the grievance remains unresolved, the
Employer shall reply in writing to the Union within three (3) calendar days following
this meeting. The Union may refer the grievance in writing to Step 3 within seven
(7) calendar days following receipt of the Employer's written answer. Any
grievance not referred in writing by the Union within seven (7) calendar days
following receipt of the Employer's answer shall be considered waived.
�
12
• ARTICLE 22. GRIEVANCE PROCEDURE (continued)
Step 3. W ithin seven (7) calendar days following receipt of a grievance referred from Step
2, a designated Employer supervisor shall meet with the Union Business Manager
or his designated representative and attempt to resolve the grievance. Within
seven (7) calendar days following this meeting, the Employer shall reply in writing
to the Union stating the Employer's answer concerning the grievance. If, as a
result 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 Uniort may within seven (7) calendar days
after the response of the Employer in Step 3, by written notice to the Employer,
request arbitration of the grievance. The arbitration proceedings shall be
conducted by an arbitrator to be selected by mutual 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 arbitrator 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 name; the
Employer shall then strike one (1) name. The process will be repeated and the
remaining person shall be the arbitrator.
22.5 The arbitrator shall have no right to amend, modify, 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 a�d the Union 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
laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be
submitted in writing within thirty (30) days following case of the hearing or the submission of
briefs by the parties, whichever be later, unless the parties agree to an extension. The
decision shall be based sofely 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 final and binding on the Employer, the Union, and the employees.
22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by
the Employer and the Union, provided that each parry shall be responsible for compensating its
own representative 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.
•
13
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 would result
in a reduction of the workforce covered by this Agreement, the Employer shall give the Union a
ninety (90)-calendar day notice of the intention to subcontract.
23.2 The subcontracting of work done by the employees covered by this Agreement shatl in all
cases be made only to employers who qualify in accordance with Ordinance No. 14013.
ARTICLE 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 or 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. SEVERASlLlTY
25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper
legisiative, 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, upon written notice, to enter into negotiations to place the voided provisions
of the Agreement in compliance with the legislative, administrative, or judicial determination.
•
.
•
14
• ARTIGLE 26. WAIVER
26.1 The Employer and the Union acknowledge that during the meeting and negotiating which
resulted in this Agreement, each had the right and opportunity to make proposals with respect
to any subject concerning the terms and conditions of employment. The Agreements and
understandings reached by the parties after the exercise of ihis right are 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 condition 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 regarding the terms and conditions of employment, to the extent they are
inconsistent with this Agreement, are hereby superseded.
ARTICLE 27. MILEAGE
27.1 Employees of the School District, under policy adopted by the Board of Education, may be
reimbursed for the use of their automobiles for school business. The mileage allowance for
eligible employees shall be established at the discretion of the Board. According to Board
• Policy, the rate will be adjusted every July 1 to conform to IRS allowable rates.
An employee must keep a record of each trip made. Reimbursement shall be for the actual
mileage driven in the performance of assigned duties as verified by the appropriate school
district administrator and in accordance with School District Business Office policies and
procedures.
ARTICLE 28. COURT JURY DUTY
28.1 Any employee who is required to appear in court as a juror or as a subpoenaed witness shall
be paid his/her regular pay while so engaged, unless the court duty is the result of Iitigation
undertaken by the employee or the Union against the Employer. Any fees that the employee
shall receive from the court for such service shall be paid to the Employer. Any employee, who
is scheduled to work a shift other than the normal daytime shift, shall be rescheduled to work
the normal daytime shift during such time, as he/she is required to appear in court as a juror or
witness.
a
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15
ARTICLE 29. DURATION AND PLEDGE
29.1 This Agreement shali become effecGve as of May 1, 2002, except as specifically provided •
otherwise in Artides 12 and 13, and shail remain in effect through the 30th day of April, 2005,
and continue in effect from year io year thereafrer unless natice to change or to terminate is
given in the manner provided in 292.
29.2 If either party desires to terminate or modify this Agreement effective as of the date of
expiration, the party wishing to modity or terminate the Agreement shail give written notice to the other
party, not more than ninety (90) or less ttian sixty (60) calendar days prior to the expiration date,
provided that the Agreement may only be so terminated or modified effective as of the expiration date.
29.3 In consideration of the tertns and wnditions of employment established by this Agreement and
the recognition that the Grievance Procedure herein established is the means by which
grievances conceming its application or interprefation may be peacefully resoived, the parties
hereby pledge that during the term of the Agreement:
29.3.1 The Union and the employees wili not engage in, instigate or condone any concerted
action in which empioyees fail to report for duty, wil(fully absent themseNes 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.
29.3.2 The Empioyer wili not engage in, instigate or condone any lockout of employees.
29.3.3 This constitutes a tentative Agreement between the parties which wili be
recommended by the School Board Negotiator, but is subject to the approval of the
Administration of the City, Independent Schooi DisVict No. 625, and is also sub�ect
to ratifi�tion by the Association.
The parities agree and attest that this Agreement represents the full and complete
understanding of the parties for the period of time herem specified by the signature of the follov�nng •
representatives for the Empioyer and the Union.
WITNESSES:
SHEEf METAL WORKERS
Board
Manager
Refations Manager Date
Reiations
�-�`7-D�
Date
Manager
� �1 � �"`� �
d� /
•
16
• APPENDIX A
The classes of positions recognized by the Employer as being exclusively represented by the Union are
as follows:
Sheet Metal Worker
Lead Sheet Metal Worker
Apprentice - Sheet Metal Worker
and other classes of positions that may be established by the Employer where the duties and
responsibilities assigned come within the jurisdiction of the Union
APPENDIX B
Tool Box
Whitney, Small
Crescent W rench or set of Open-end W renches
• Center Punches
Hacksaw Frame
Chisels
Small Hand Tongs
6' Folding Rule
Screwdriver
Scratch Awls
Pliers
Snips, Straight-aviation L and R
Hammers (Tinners)
Dofly Bar
Combination Square
Prick Punch
10' Tape
` Dividers
•
17
APPENDIX C
C1. The total hourly cost to the Employer for wages plus any and all contributions or deductions
stated in Appendix D of this Agreement shall not exceed the following amounts:
Sheet Metal Worker
Lead Sheet Metal Worker
Effective Effective
5-4-02 5-3-03
$4126 $43.66
$43.26 $45.66
Effective
5-1-04�� �
(�)
(� )
C2. The total taxable hourly rate including wages and the vacation contribution in Appendix D and
excluding all other benefit costs and obligations in Appendix D, for regular and probationary
employees subject to PERA appointed to the following classes of positions shall be as follows:
Sheet Metal Worker
Lead Sheet Metal Worker
Effective Effective
5-4-02 6-29-02
$32.03 $3i.37
$33.92 $33.26
Effective Effective
5-3-03 5-1-04
C2A. The basic hourly wage rates in this Appendix (C2A) are for compensation analvsis
purposes onlv. These figures represent the portion of the Appendix C7 retes above
specifically allocated to wages. These rates do NOT include tauable contributions and
therefore should NOT be used for taxable payroll calculations. See Appendix C2 above
fortotaltaxable payrollinformation.
Sheet Metal Worker
Lead Sheet Metal Worker
Effective Effective
5-4-02 5-3-03
$25.77 *
$27.66 '
Effective
5-1-04
C2. The total tauable hourly rate including wages and the vacation contribution in Appendix D and
excluding all other benefit costs and obligations in Appendix D, for regular and probationary
employees not subject to PERA appointed to the following classes of positions shall be as
follows:
Sheet Metal Worker
Lead Sheet Metal Worker
Effective Effective
5-4-02 6-29-02
$33.80 $33.10
$35.80 $35.10
Effective Effective
5-3-03 5-1-04
��� Note For Appendix C1: The parties agree that for the third year of this Agreement, there will be a reopener to discuss
wages and benefits only. The May 1, 2004 total hourfy cost and distribution will be negotiated at that time.
� The May 3, 2003, hourfy rates in Appendices C2, C2A, C2B and C3 shall be determined at a later date based on the allocation
agreed to by ihe Employer and the Union of the May 3, 2003, total hourly cast stated in Appendix C1.
;' The May 1, 2004, hourly rates in Appendices C2, C2A, C2B and C3 shall be detertnined at a later date based on the
allocation agreed top by the Employer and the�Union of tlie May 1, 2004, total hourly cost determined for the third year wage
reopener.
a
•
•
m
•
APPENDIX C (continued)
C3. The total taxable hourly rate including wages and the vacation contribution in Appendix D for
temporary employees appointed to the following classes of positions shall be:
C4.
Sheet Metal Worker
Lead Sheet Metal Worker
Effective Effective
5-4-02 6-29-02
$30.55 $29.60
$32.55 $31.60
Effective Effective
5-3-03 5-� -04
If a temporary employee working in a title listed in this Appendix C3 becomes subject to the
requirements of the Public Employees Retirement Act (PERA), which thereby requires the
Employer to make contributions to PERA, the calculated hourly base rate of pay may change
so the Employer's cost does not exceed the amounts listed in C-1 above.
The basic hourly wage rates for the Apprentice class of positions are as follows:
This Section is held open for the addition of appropriate Apprentice rates in the event the
Employer initiates the employment of Apprentices.
If the Union elects to have the contributions listed in Appendix D increased or decreased, the
Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a way that the
total cost of the package (wage rate plus contributions) remains constant and does not exceed
the amounts shown in Appendix C, Section C1.
The total compensation (wages a�d fringes) received by employees covered by this
Agreement shall be equivalent in money to the total package paid by the employer to
• employees in comparable classifications in the Agreement between Local 10 and the Twin City
Division of the Sheet Metal, Air Conditioning and Roofing Contractors Association.
The total package cost shall exclude any costs of payments made for industry promotion
and/or advertisement or any other purposes not directly and clearly beneficial to the public
employer.
In the event Local 1� and any sheet metal contractor affiliated or not affiliated with the Twin
City Division of the Sheet Metal, Air Conditioning and Roofing Contractors Association and
doing business in the seven-county metropolitan area agree to a total commercial package
different from the above total commercial package and which is less than the above total
package, such differences shall be immediately applicable to the total compensation paid to
employees covered by this Agreement.
•
� The May 3, 2003, hourly rates in Appendices C2, C2A, C28 and C3 shall be determined at a later date based on the
allocation agreed to by the Employer and the Union of the May 3, 2003, total hourly cost stated in Appendix Ct.
�' The May 1, 2004, hourly rates in Appendices C2, C2A, C2B and C3 shall be determined at a later date based on the
ailocation agreed top by the Employer and the Union of the May 1, 20D4, total hourly cost determined for the ihird year wage
reopener.
�9
APPENDIX D
Effective May 4, 2002, the Employer shall forward the amounts designated in this Appendix D for
employees covered by this Agreement to depositories as directed by the Union and agreed to by the
Employer:
1. $2.10 per hour for all hours worked from which all appropriate payroll deduciions have
been made to a Union-designated Vacation Fund. This pavment shall onlv be made for
reqular emplovees paid at the Appendix C2 rate.
2. $3.25 per hour for alI hours worked from which all appropriate payroll deductions have
been made to a Union-designated Schoot District Holidav Fund. This oavment shall oniv
3. $3.21 per hour for all hours worked to a Union-designated Health and Welfare Fund.
4. $2.05 per hour for all hours worked to a Union-designated Local Pension Fund.
5. $1.70 per hour for all hours worked to a Union-designated National Pension Fund.
6. $.01 per hour for all hours worked to a Union-designafed Scholarship Fund.
7. $.02 per hour for all hours worked to a Union-designated SMOHI Asbestos Screeninq
Fund.
8. $.32 per hour for all hours worked to a Union-designated Journevman and Apprenticeship
Traininq Funds.
9. For temporary employees paid at the Appendix C3 rate; forward 2.10 per hour for all
hours worked from which all appropriate payroll deductions have been made to a Union-
designated Vacation Fund and 3.25 per hour for all hours worked to a Union-designated
Supplemental Pension Fund.
The Employer shall make legally established non-negotiated pension contributions to
PERA. Changes in the mandated PERA rate may change the calculated hourly base rate
of pay so the Employer's cost does not exceed the amounts listed in C-1 above.
•
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• APPENDIX D (continued)
Effective June 29, 2002, the Employer shall forward the amounts designated in this Appendix D for
employees covered by this Agreement to depositories as directed by the Union and agreed to by ihe
Employer:
1. $2.10 per hour for all hours worked from which all appropriate payroll deductions have
been made to a Union-designated Vacation Fund. This pavment shall onlv be made for
reqular emplovees paid at the Appendix C2 rate.
2. $3.50 per hour Eor al! hours worked from which a!I appropriate payroll deductions have
been made to a Union-designated School District Holidav Fund. This pavment shall onlv
be made for reqular emplovees paid at the Appendix C2 rate.
3. $3.60 per hour for all hours worked to a Union-designated Health and Welfare Fund.
4. $2.25 per hour for all hours worked to a Union-designated Local Pension Fund.
5. $1.70 per hour for all hours worked to a Union-designated National Pension Fund.
6. $.01 per hour for all hours worked to a Union-designated Scholarship Fund.
7. $.02 per hour for all hours worked to a Union-designated SMOHI Asbestos Screeninq Fund.
8. $.37 per hour for all hours worked to a Union-designated Journevman and Apprenticeship
Traininq Funds.
9. $.15 per hour for all hours worked to a Union-designated National Traininq Fund.
10. For temporary employees paid at the Appendix C3 rate; forward 2.10 per hour for all
• hours worked from which all appropriate payroll deductions have been made to a Union-
designated Vacation Fund and 3.50 per hour tor all hours worked to a Union-designated
Suoolemental Pension Fund.
10. $.06 per hour for all hours worked to a LMC fund.
All contributions made in accordance with this Appendix D shall be deducted from and are not in
addition to the amounts shown in Appendix C1. The Appendix D amounts shall be forwarded to
depositories as directed by the Union and agreed to by the Employer.
The Employer shall establish Workers' Compensation and Unemployment Compensation programs as
required by Minnesota Statutes.
Employees 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.
The Employer's fringe benefit obligation to emptoyees covered by this Agreement is limited to the
contributions and/or deductions established by this Agreement. The actual level 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.
�
21
INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION
SAINT PAUL PUBLIC SCHOOLS
DATE: July 16, 2002
TOPIC: Approval of an Employment Agreement with United Association of
Steamfitters, Pipefitters, and Service Technicians, Local Union No. 455, to
Establish Terms and Conditions of Employment for 2002-2005
A. PERTINENT FACTS:
1. New Agreement is for the three-year period May 1, 2002 through April 30, 2005.
2. Contract changes are as follows:
Wages: Wage and benefit chan�es reflect prevailing wage for the industry. The third year will
be a reopener for wages only.
3. The remaining language provisions of the previous contract remain essentially unchanged,
except for necessary changes to dates and outdated references.
4. The District has nine (9) regular F.T.E. in this bargaining unit.
5. This agreement maintains the DistricYs fiscal structural balance.
6. The maintenance of buildings promotes a quality learning environment that supports the
teaching target of preparing all students for life.
7. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager;
Wayne Arndt, Negotiations/Labor Relations Manager; Richard Kreyer, Executive Director of
Human Resources and Labor Relations; Patrick Quinn, Executive Director of School
Services; and Lois Rockney, Executive Director of Business and Financial Affairs.
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
Agreement concerning the terms and conditions of employment of those employees in this school
district for whom United Association of Steamfitters, Pipefitters, and Service Technicians, Local
Union No. 455, is the exclusive representative; duration of said Agreement is for the period of
May 1, 2002 through Apri130, 2005, and that the Board of Education of Independent School
District No. 625 adopt a resolution that this agreement maintains the DistricYs fiscal structural
balance.
.
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ARTICLE
Article
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Article
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Article
Article
Article
Article
Article
Article
Article
Article
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Article
Article
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Ariicle
Article
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Article
Article
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
TABLE OF CONTENTS
TITLE PAGE
Preamble............................................................................................................... iv
Purpose..................................................................................................................1
Recognitio n .............................................................................................................1
Employer .....................................................................................................1
UnionRights ..........................................................................................................2
Scopeof the Agreement .........................................................................................2
ProbationaryPeriods ..............................................................................................3
Philosophy of Employment and Compensation ......................................................3
Hoursof Work ........................................................................................................4
Overtime.................................................................................................................5
CallBack .................................................................................................................5
WorkLocation .........................................................................................................6
Wages....................................................................................................................6
FringeBenefits ........................................................................................................7
Selection of Lead Pipefitter, General Lead Pipefitter and Master Pipefitter ...........7
Holidays..................................................................................................................8
DisciplinaryProcedures ..........................................................................................9
AbsencesFrom Work .............................................................................................9
Seniority................................................................................................................1 D
Ju risd iction ............................................................................................................11
Separation............................................................................................................11
Tools.....................................................................................................................11
GrievanceProcedure ............................................................................................12
Rightofi Subcontract .............................................................................................i4
Non-Discrimination ...............................................................................................14
Severability...........................................................................................................14
Waiver..................................................................................................................15
Mileage.................................................................................................................15
CourtDuty Leave ..................................................................................................�5
Durationand Pledge .............................................................................................16
AppendixA ...........................................................................................................17
AppendixB ...........................................................................................................17
AppendixC ...............................................................................................18, 19, 20
AppendixD ...........................................................................................................2i
Index .....................................................................................................................22
�
PREAMBLE
This Agreement is entered into between Independent School District No. 625, hereinafter
referred to as the Employer, and the United Association of Steamfitters, Pipefitters and Service
Technicians Local Union No. 455, 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 Independent School District No. 625 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 primarily on attitudes between people at all levels of responsibility.
Constructive attitudes of the Employer, the Union, and the individual employees will best serve the
needs of the general public.
�
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•
iv
• 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,�hereby establishing a system of
uninterrupted operations and the highest level of employee pertormance that is
consisient with the safety and well being of all concerned;
�.1.2 Set forth rates of pay, hours of work, and other conditions of employment as
have been agreed upon by the Employer and the Union;
�.1.3 Establish procedures to orderly and peacefully resolve disputes as to the
application or interpretation of this Agreement without loss of productivity.
1.2 The Emp{oyer and the llnion 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 statute as provided by Article 26
(Severability).
ARTICLE 2. RECOGNITION
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, and temporary employed in the classes of positions defined in 2.2 as
certified by the Bureau of Mediation Services in accordance with Case No. 90-PCL-3066
dated November 22, 1989.
2.2 The classes of positions recognized as being exclusively represented by the Union are as
listed in Appendix A.
ARTICLE 3. EMPLOYER RIGHTS
3.1 The Employer retains the right to operate and manage all manpower, 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 employmenY' not established by this Agreement shafl remain
with the Employer to eliminate, modify or establish following written notification to the
Union.
�
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
4.12
The Employer shall not deduct dues from the wages of employees covered by
this Agreement for any other labor organization.
The Union shall indemnify and save harmless the Employer from any and all
claims or charges made against the Employer as a result of the implementation
of this Article.
42 The Union may designate one (1) employee from the bargaining unit to act as a Steward
and shall inform the Employer in writing of such designation. Such Employee shall have
the rights and responsibilities as designated in Article 22 (Grievance Procedure).
4.3 Upon notification to a designated Employer superoisor, the Business Manager of the
Union or the designated representative shall be permitted to enter the facilities of the
Employer where employees covered by this Agreement are working.
ARTICLE 5. SCOPE OF THE AGREEMENT
5.1 This Agreement establishes the �terms and conditions of employmenY' defined by
Minnesota Statute § 179A.03, Subdivision 19, for all employees exclusively represented
by the Union. This Agreemeni shall supersede such "terms and conditions of
employment" established by Civil Service Rule, Council Ordinance, and Council
Resolution.
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•
2
• ARTICLE 6. PROBATIONARY PERIODS
6.1 All personnel, originally hired or rehired following separation, in a regular employment
status shall serve a six (6) month probationary period during which time the empVoyee's
fitness and ability to perform the class of positions' 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 Procedure).
6.1.2 An employee terminated during the probationary period shall 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 a higher class of positions shall serve a six (6)-month
promotional probationary period during which time the employee's fitness and ability to
perform the class of positions' duties and responsibilities shall be evaluated.
6.2.1 At any time during the promotional probatio�ary period an employee may be
demoted to the employee's previously-held class ot positions at the discretion
of the Employer without appeal to the provisions of Article 22 (Grievance
Procedure).
6.2.2 An employee demoted during the promotional probationary period shall be
returned to the employee's previously held class of positions and shall receive a
written notice of the reasons for demotion, a copy of which shall be sent to the
� Union.
ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The Employer and the Union are in full agreement that the philosophy of employment and
compensation shall be a"cash" hourly wage and "industr�' fringe benefit system.
72 The Employer shall compensate employees tor all hours worked at the basic hourly wage
rate and hourlyfnnge benefit rate as found in Article 12 (Wages) and 13 (Fringe Benefits).
7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee
except as specifically provided for in this Agreement.
•
ARTICLE 8. HOURS OF WORK
8.1 The normal workday shall be eight (8) consecutive hours per day, excluding a ihirty (30)-
minute unpaid lunch period, tretween 7:00 a.m. and 5:30 p.m.
82 The normal workweek shall be five (5) consecutive normal workdays Monday through
Friday.
8.3 If, during the term of this
establish second and third
Union agrees to enter into
shifts and/or workweeks.
�
�
[�:
Agreement, it is necessary in the Employer's judgment to
shifts or a workweek other than Monday through Friday, the
negotiations immediately to establish the conditions of such
This Section shall not be construed as, and is not a guarantee of, any hours of work per
normal woricday or per normal workweek.
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 workday unless otherwise directed by their supervisor.
All employees are subject to call back by the Employer as provided by Article 10 (Call
Back).
8.7 Empioyees 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
workday.
8.8 Stand Bv. Any Refrigeration, Gas and Oil Serviceworker who is required to be available
for emergency service work on weekends and holidays shall be guaranteed work or
wages and friRges equivalent to:
40 minutes for Friday nights
80 minutes for Saturday and Saturday night
80 minutes for Sunday and Sunday night
or
80 minutes for any holiday and holiday night of such 24-hour shift.
All of the above at time and one-half rate. If the employee is called in for work, 4he above
time shall be a part of, not in addition to, the time worked.
.
•
•
• ARTICLE 9. OVERTIME
9.1 All overtime compensated for by the Employer must receive prior authorization from a
designated Employer supervisor. No overtime work claim will 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.
92 The rate of one and one-half (1-1/2) the basic hourly rate and fringes shall be the
overtime rate for work performed under the following circumstances:
92.1 Time worked in excess of eight (8) hours in any one normal workday,
and
9.2.2 Time worked in excess of 40 hours in a seven (7)-day period.
9.3 For the purpose of calculating overtime compensation, overtime hours worked shall not
be "pyramided," compounded or paid twice tor the same hours worked.
9.4 Overtime hours worked as provided by this Article shall be paid in cash or compensatory
time as determined by the Employer.
ARTICLE 10. CALL BACK
� 10.1 The Employer retains the right to call back employees before an employee has started a
normal workday or normal workweek and after an employee has completed a normal
workday or normal workweek.
10.2 Employees called back shall receive a minimum of four (4) hours of pay at the basic
hourfy rate.
10.3 The hours worked based on a call back shall be compensated in accordance with
Article 9(Overtime), when applicable, and subject to the minimum established by 102
above.
10.4 Employees called back four (4) hours or less, prior to their normal workday shall complete
the normal workday and be compensated only for the overtime hours worked in
accordance with Article 9 (Overtime).
•
�7
ARTICLE 11. WORK LOCATION •
�1.� Employees shall report to work location as assigned by a designated Employer
supervisor. During the normal workday, employees may be assigned to other work
locations at the discretion of the Employer.
11.2 Employees assigned to work locations during the normal workday other than their original
assignment, and who are required to furnish their own transportation, shall be
compensated for mileage, as provided by Article 27 (Mileage).
ARTICLE 12. WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours
worked by an employee.
122 Regular employees 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 Articie 13 (Fringe Benefits).
12.3 Temporary employees shall be compensated in accordance with Article 12.1 (Wages)
and have fringe benefif contributions and/or deductions made in fheir behalf as provided
for by Article 13 (Fringe Benefits).
•
•
�
• ARTICLE �3. FRINGEBENEFITS
13.1 The Employer shall make contributions on behalf of and/or make deductions from the
wages of participating employees as defined in Article 12.3, 12.4, and 12.5 covered by
this Agreement in accordance with Appendix D for all hours worked.
13.2 The Employer will fior the period ofi this Agreement provide, for those employees who
were °grandfathered" as eligible for the Employers Health and Welfare Plan and who
have retired since April 1, 1975, such health insurance premium contributions up to the
same dollar amounts as are provided by the Employer at the date of early retirement and
the cost of premium contributions toward $5,000 life insurance coverage until such
employees reach sixty-five (65) years of age.
In order to be eligible for the premium contributions under the provision 132 and 13.3 the
employee must:
13.2.1
13.2.2
Be receiving benefits from a public employee retiree act at the time of
retirement.
Have severed the employment relationship with the City of Saint Paul and/or
Independent School Distnct No. 625 under one of the early retiree plans.
13.2.3 Inform the Human Resource Department of Independent School District
No. 625 and Personnel Office of the City of Saint Paul in writing within sixty (60)
days of employee's early retirement date that he or she wishes to be eligible for
early retiree insurance benefits.
• 13.3 An employee who retired at age sixty-five (65) or later and who met the criteria in 13.2, or
for eariy retirees who qualified under 13.2 and have reached age sixty-five (65) after
retirement the Emptoyer will provide payment of premium for a Medicare supplement
health coverage policy selected by the Employer.
ARTICLE 14.
14.1
� 42
14.3
14.4
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SELECTION OF LEAD PIPEFITTER, GENERAL LEAD PIPEFITTER,
AND MASTER PIPEFITTER
The selection of personnef for the class of position oi Lead Pipefitter, Generaf Lead
Pipefitter and Master Pipefitter shall remain solely with the Employer.
The class of position Lead Pipefitter, General Lead Pipefitter and Master Pipefitter shall
be filled by employees of the bargaining unit on a"temporary assignment."
All "temporary assignments" shall be made only at the direction of a designated Employer
supervisor.
Such "temporary assignments" shall be made only in cases where the class of positions is
vacant for more than one (1) normal workday.
7
ARTICLE 15. HOLIDAYS
15.1 The following nine (9) days shall be designated as holidays:
New Year's Day
Martin Luther King Jr. Day
Presidents' Day
Memorial Day
Independence Day
LaborDay
Thanksgiving Day
Day After Thanksgiving
Christmas Day
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
Fourth Thursday in November
Fourth Friday in November
December 25
15.2 When New Year's Day, Independence Day or Christmas Day falis 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.
15.3 The nine (9) holidays shall be considered non-workdays.
15.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency
reasons, employees may be scheduled or "called back" in accordance with Article 10, Ca�l
Back.
15.5 Employees called in to work on a designated holiday shall be compensated at the rate of
two (2) times the basic hourly rate for aIl hours worked.
15.6 If Martin Luther King, Jr. Day or Presidents' Day falls on a day when school is in session,
the employee shall work that day at straight time and another day shall be designated as
the holiday. This designated holiday shall be a day determined by agreement between
the employee and his supervisor.
15.7 If Martin Luther King Jr. Day, Presidents' Day or the Day After Thanksgiving falls on a day
when school is not in session, that day will normally be an unpaid holiday. If the Employer
schedules work on such days, employees will be offered an opportunity to work that day
at the straight-time rate and will not be required to take another day off to replace the
holiday. If the employee is called in on such day, they will be called in accordance with
Article 10 and paid as in 15.5.
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•
• ARTICLE 16. DISCIPLINARY PROCEDURES
16.1 The Employer shall have the right to impose disciplinary actions on employees for just
cause.
t 62 Disciplinary actions by the Em¢loyer shall include only the following actions_
162.1 Oral reprimand;
162.2 Written reprimand;
162.3 Suspension;
�6.2.4 Demotion;
16.2.5 Discharge.
�
16.3 Employees who are suspended, demoted or discharged shall retain all rights under
Minnesota Statute § 179A20, Subd. 4, and thereby shall have the right to request that
such actions be considered a"grievance" for the purpose of processing through the
provisions of Article 22 (Grievance Procedure). Once an employee or the Union in the
employee's behalf initiates review of an action, that matter shall not again be reviewed in
another forum. Oral reprimands shall not be subject to the grievance review procedures.
ARTICLE �7. ABSENCES FROM WORK
17.1 Employees who are unable to report for their normal workday have the responsibility to
notify their supervisor of such absence as soon as possible, but in no event later than the
beginning of such workday.
17.2
17.3
Failure to make such notification may be grounds for discipline as provided in Article 16
(Disciplinary Procedures).
Failure to report for work without notification for three (3) consecutive normal workdays
may be considered a"quit" by the Employer on the part of the employee.
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ARTICLE 18. SENIORITY •
18.1 Seniority, for the purposes of this Agreement, shall be defined as follows:
18.1.1 "Master Seniority' - The lengih of continuous reg�lar and probationary service
with the Employer from the last date of employment in any and all class 4itles
covered by this Agreement.
18.1.2 "Class Seniorit�' - The length of continuous regular and probationary service
with the Employer from the date an employee was first appointed to a class title
covered by this Agreement.
�82 Seniority shall not accumulate 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 injury; is granted to allow an employee to accept an appointment to the
unclassified service of the Employer or to an elected or appointed full-time position with
the Union.
18.3 Seniority shall terminate when an employee retires, resigns or is discharged.
� 8.4 In the event it is determined by the Employer that it is necessary to reduce the workforce,
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 any lower-
paid class title, provided employee has greater "Master Seniorit�' than the employee
being replaced.
18.5 The selection of vacation periods shall be made by class title based on length of "Class
Seniority," subject to the approval of the Employer. •
•
10
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•
ARTICLE 19. JURiSDICTION
� 9.1 Disputes concerning work jurisdiction between and among unions are 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.
19.3 In the event of a dispute concerning the performance or assignment of work, the unions
involved and the Employer 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 pertorm work assigned by the Employer and as clarified by
Sections 192 and 19.3 above shall be subject to disciplinary action as provided in
Article 16 (Disciplinary Procedures).
19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a
work assignment.
ARTICLE 20. SEPARATION
20.1 Employees having a probationary or regular employment status shall be considered
separated from employment based on the following actions:
20.1.� Resianation. Employees resigning from employment shall glve written
notice fourteen (14) calendar days prior to the effective
date of the resignation.
20.12 Discharqe. As provided in Article 16.
20.1.3 Failure to Report for DuN. As provided in Article 17.
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202 Employees having a temporary employme�t status may be terminated at the discretion of
the Employer before the completion of a normal workday.
ARTICLE 21. TOOLS
21.1 All employees shall personally provide themselves with the tools of the trade as listed in
Appendix B.
11
ARTICLE 22. GRIEVANCE PROCEDURE •
22.1 The Employer shall recognize Stewards selected in accordance with Union rules and
regulations as the grievance representative of the bargaining unit. The Union shall notify
the Employer in writing of the names of the Sfewards and of their successors when so
named.
22.2 It is recognized and accepted by the Emp�oyer 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 duties and responsibitities. The Steward involved and a
grieving employee shall suffer no loss in pay when a grievance is processed during
working hours, provided the Steward 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, except as previously noted in Article �6
(Disciplinary Procedures), be the sole and exclusive procedure for the processing of
grievances, which are defined as an alleged violation of the terms and conditions of this
Agreement.
22.4 Grievances shaA be resolved in conformance with the following procedure:
Steo 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 informal discussion, it may be reduced to writing and
referred to Step 2 by the tJnion. The 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 knowfedge of the first
occurrence of tfie event giving rise to the grievance, shalf be considered
waived.
Step 2. Within seven (7) calendar days after receiving the written grievance, a
designated Employer Supervisor shall meet with the Union Steward and
attempt to resolve the grievance. If, as a result of this meeting, the grievance
remains unresolved, the Employer shall reply in writing to the Union within
three (3) calendar days following this meeting. The Union may refer the
grievance in writing to Step 3 within seven (7) calendar days following receipt
of the Employer's written answer. Any grievance not referred in writing by the
Union within seven (7) calendar days following receipt of the EmployePs
answer shall be considered waived.
•
12
. ARTICLE 22. GRIEVANCE PROCEDURE (continued)
Step 3. Within seven (7) calendar days following receipt of a grievance referred from
Step 2, a designated Employer supervisor shall meet with the Union Business
Manager or his designated representative and attempt to resolve the
grievance. Within seven (7) calendar days following this meeting, the
Employer shall reply in writing to the Union stating the Employe�'s answer
concerning the grievance. If, as a result 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 Union may within seven (7) calendar
days after the response of the Employer in Step 3, by written notice to the
Employer, request arbitration of the grievance. The arbitration proceedings
shall be conducted by an arbitrator to be selected by mutual 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 arbitrator 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 (1st) name; the Employer shall then strike one (1) name.
The process will be repeated and the remaining person shall be the arbitrator.
22.5 The arbitrator shall have no right to amend, modify, 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 and the Union 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 laws, rules or regulations having the force and effect of law.
The arbitrator's decision shal{ be submitted in writing within thirty (30) days following close
of the hearing or the submission of briefs by the paRies, 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 tacts of the
grievance presented. The decision of the arbitrator shall be final and binding on the
Employer, the Union, and the employees.
22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne
equally by the Employer and the Union, provided that each party shall be responsible for
compensating its own representative and witnesses. If either parry 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.
\ J
13
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
would result in a reduction of the workforce covered by this Agreement, the Employer
shall give the Union a ninety (90)-calendar day notice of the intention to subcontract.
232 The subcontracting of work done by the employees covered by this Agreement shall in all
cases be made only to employers who qualify in accordance with Ordinance No. 14013.
ARTICLE 24. NON-DISCRIMINATION
24.1 The terms and conditions of this Agreement will be appiied to employees equally without
regard to or discrimination for or against, any indiv'idual because of race, color, creed,
sex, age or because of inembership or non-membership in the Union.
242 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 �
25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by
proper Iegislative, administrative or judicial authority from whose finding, determination or
decree no appeal is taken, such provision(s) shall be voided. AII other provisions shall
continue in full force and effect.
252 The parties agree, upon written notice, to enter into negotiations to place the voided
provisions of the Agreement in compliance with the legislative, administrative or judiciai
determination.
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14
� ARTICLE 26. WAIVER
26.1 The Employer and the Union acknowledge that during the meeting and negotiating which
resulted in this Agreement, each had the right and opportunity to make proposals with
respect to any subject concerning the terms and conditions of employment. The
agreements and understandings reached by the parties after the exercise of this right are
fully and completely set forth in this Agreement.
262 Theretore, 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 condition 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 regarding the terms and conditions of employment, to the extent they are
inconsistent with this Agreement, are hereby superseded.
ARTICLE 27. MILEAGE
27.1 Employees of the School District, under policy adopted by the Board of Education, may be
reimbursed for the use of their automobiles for school business. The mileage allowance
� for eligible employees shall be established at the discretion of the Board. According to
Board Policy, the rate will be adjusted every July 1 to conform to IRS allowable rates.
An employee must keep a record of each trip made. Reimbursement shall be for the
actual mileage driven in the performance of assigned duties as verified by the appropriate
schooV district administrator and in accordance witfi Schoof District Business Office
policies and procedures.
ARTICLE 28. COURT DUTY LEAVE
28.1 Any employee who is required to appear in court as a juror or as a subpoenaed witness
shall be paid the difference between any compensation provided by the union and his/her
regular pay while so engaged, unless the court duty is the result of litigation undertaken by
the employee or the Union against the Employer. Any fees that the employee shall
receive from the court for such service shall be paid to the Employer. Any employee, who
is scheduled to work a shift other than the normal day[ime shift, shall be rescheduled to
work the normaf daytime shift during s�ch time as helshe is required to appear in court as
a juror or witness.
•
15
ART(CLE 29. DURATfON AND PLEDGE
29.1 This Agreement shali become effective as of May 1, 2002, and shali remain in effect
through the 30th day of P,prii 2005, and continue m effect from year to year thereafter
unless notice to change or to terminate is given in the manner provided in 29.2.
29.2 If either party desires to terminate or modify this Agreement effective as of the date of
expiration, the party wishing to mod'rfy or terminate the Agreement shai� give writfen
notice to the other party, not more than ninety (90) or less than sixty (60) catendar days
prior to the expiration date, provided that the Agreement may only be so terminated or
modfied effective as of the expiration date.
29.3 in consideration of the terms and conditions of empioyment established by this
Agreement and the recognition that the Grievance Procedure herein estabiished is the
means by which grievances conceming its application or interpretation may be peacefully
resolved, the part'res hereby pledge that during fhe ferm of the Agreement:
29.3.1 The Union and the employees will not engage in, instigate or condone any
concerted action in which employees faii to report fo� duty, wilifully absent
themseives from work, stop work, slow down their work or absent themselves
in whole or part from the fuil, faithful performance of their duties of employment.
29.32 The Employer will not engage in, instigate or condone any lockout of
employees.
29.3.3 This constitutes a tentative Agreement between the paRies which wili be
recommended by the Negotiations/Labor Relations Manager, but is subject to
the approvai of the Board of Education and is also subjed to ratifica6on by the
Union.
The parties agree and attest that this Agreement represents the fuli and complete
understanding of the parties for the period of time herein specified by the signature of the
following representatives for the Empioyer and the Union.
WITNESSES:
�
SCHOOL DISTRICT
of
Negotiations/Labor Relations Manager
Negotiations/L r RelaSons Asst. Manager
�-a5- a�
Date
UNITED ASSOCIATION OF STEAMFITERS,
PIPEFITTERS AND SERVICE TECHNICIANS
LOCAL NO. 455
�� �z�� _
eusines epresentative
7 / Is �-
Da�
s
r
•
tT-'.�
� APPENDIX A
The classes of positions recognized by the Employer as being exclusively represented by the
Union are as follows:
Lead Pipefitter
General Lead Pipefitter
Master Pipefitter
Pipefitter
Pipefitter - CoMrol Specialists
Refrigeration, Gas and Oil Serviceworker
Apprentice - Pipefitter
General Lead Pipefitter
and other classes of positions that may be established by the Employer where the duties and
responsibii'dies assigned come within the jurisdiction of the Union.
�
APPENDIX B
Tools of the trade:
6' folding ruler
•
17
APPENDIX C
C1 Total nackaqe amount. The total hourly cost to the Employer for wages plus any and all
contributions or deductions stated in Appendix D of this Agreement shall not exceed the
following amounts:
Effective
5/4/02
Pipefitter
Pipefitter-Controls Specialist
Refrigeration, Gas and
Oil Serviceworker
Lead Pipefitter
Master Pipefitter
General Lead Pipefitter
$41.85
$41.85
$41.85
$44.20
$4420
$4520
Effective
5/3/03
$44.45
$44.45
$44.45
$46.90
$46.90
$47.90
Effective
5/1/04'
c
c�l
[o
�,�
m
cn
C2 Ta�cable rate for emplovees covered bv PERA Pension Fund. The total taxabie hourly
rate including wages and the vacation contribution in Appendix D and excluding all other
benefit costs and obligations in Appendix D, for regular and probationary employees
appointed to the following classes of positions shall be as follows:
Pipefitter
Pipefitter-Controls Specialist
Refrigeration, Gas and
Oil Serviceworker
Lead Pipefitter
Master Pipefitter
General Lead Pipefitter
Effective
5/4/02
$29.68
$29.68
$29.68
Effective
smoz
$29.62
$29.62
$29.62
$31.92 $31.85
$31.92 $31.85
$32.87 $32.80
Effective Effective
5/3/03 5/1 /04
� The parties agree that for the ihird year of this Agreement there will be a wage reopener to discuss wages
and benefits only. The May 1, 2004 total hourly cost and distribution will be negotiated at that time.
� The May 3, 2003, hourly rates in Appendices C2, C2A, C3 and C4 shall be determined at a later date
based on the allocation agreed to by the Employer and the Union of the May 3, 2003, total hourly cost
stated in Appendix C1.
;� The May 1, 2004, hourly rates in Appendices C2, C2A, C3 and C4 shall be determined at a later date
based on the allocation agreed top by the Employer and the Union of the May 1, 2004, total hourly cost
determined for the third-year wage reopener.
\ J
•
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iE l
• APPENDIX C (continued)
C2A Compensation analvsis purposes onlv. These figures represent the portion of the
Appendix C1 rates above specifically allocated to wages. These rates do NOT include
' taxable contributions and therefore should NOT be used for taxable payroll calculations.
See Appendices C2 and C3 for total taxabfe payro{I intormation.
0
C3
Pipefitter
Pipefitter-Controls Specialist
Refrigeration, Gas and
Oil Serviceworker
Lead Pipefitter
Master Pipefitter
General Lead Pipefitter
Effective
5/4/02
$25.11
$25.11
$25.11
$27.35
$27.35
$28.30
Effective Effective
5/3/03 5/1/04
�
•
emplovees not covered bv PERA pension. The total taxable hourly rate including
wages and the vacation contribution in Appendix D for regular and probationary
employees appointed to the following classes of positions shall be:
Pipefitter
Pipefitter-Controls Specialist
Refrigeration, Gas and
Oil Serviceworker
Lead Pipetitter
Master Pipetitter
General Lead Pipefitter
Effective Effective
5/4/02 9/7/02
$3122 $31.15
$3122 $31.15
$31.22 $3�.15
$33.57 $33.50
$33.57 $33.50
$34.57 $34.49
Effective Effective
5!3/03 5/1/04
Note: In 1997, the pension laws were changed to exclude pipefitters hired by Saint
Paul Public Schools as of January 1, 1998, from PERA coverage.
' The May 3, 2003, hourly rates in Appendices C2, C2A, C3 and C4 shall be determined at a later date
based on the allocation agreed to by the Employer and the Union of the May 3, 2003, total hourly cost
stated in Appendix C1.
�� The May 1, 2004, hourly rates in Appendices C2, C2A, C3 and C4 shall be determined at a later date
based on the allocation agreed top by the Employer and the Union of the May t, 2004, total hourly cost
determined for the third-year wage reopener.
19
APPENDIX C (continued)
C4 Ta�cable rate for temporarv emqlovees. The total taxable hourly rate including wages
and the vacation contribution in Appendix D for Temporary employees appointed to the
following classes of positions shall be:
Pipefitter
Pipetitter-Controts Specialist
Refrigeration, Gas and
Oil Serviceworker
Lead Pipefitter
Master P7pefitter
Effective
5/4/02
$3122
$31.22
$31.22
$33.57
$33.57
Effective Effeciive
5/3/03 5/1 /04
General Lead Pipefitter $34.57 x "
C5 The basic hourly wage rates for the Apprentice class of positions:
This Section is held open for the addition of appropriate Apprentice rates in the event the
Employer initiates the employment of Apprentices.
If the Union elects to have the contributions Iisted in Appendix D increased or decreased, the
Employer may adjust the rates in Appendix C, Sections C2 through C4 in such a way that the total
cost of the package {wage rate plus contributions) remains constant and does not exceed the
amounts shown in Appendix C, Section C
' The May 3, 2003, hourly rates in Appendices C2, C2A, C3 and C4 shall be determined at a later date
based on ihe allocaiion agreed to by the Employer and the Union of the May 3, 2003, total hourly cost
stated in Appendix C1.
** The May 1, 2004, hourly rates in Appendices C2, C2A, C3 and C4 shall be determined at a later date
based on the allocation agreed top by the Employer and the Union of the May 1, 2004, total hourly cost
determined for the third-year wage reopener.
�
�
•
F3i]
C�
APPENDIX D
Effective May 4, 2002, the Employer shall forward the amounts designated in this Appendix D for
employees covered by this Agreement to depositories as directed by the Union and agreed to by
the Employer:
(1) $4.57 per hour for all hours worked from which all appropriate payroll deductions have
been made to a Union-designated Credit Union FundNVorkinq Fee Fund.
(2) $4.11 per hour for all hours worked to a Union-designated Health and Welfare Fund.
(3) $6.18 per hour for all hours worked to a Union-designated Pension Fund.
(4) $29 per hour for all hours worked to a Union-designated Journevman and
Apprenticeship Traininp Fund.
(5) $.05 per hour for all hours worked to a Union-designated International Trainino Fund.
For employees paid on Appe�dix C2 rates, the Employer shall make legally
established non-negotiated pension contributions to PERA. Changes in the
� mandated PERA rate may change the calculated hourly base rate of pay so the
Employer's cost does not exceed the amounts listed in C1 above.
Etfective September 1, 2002, all full-time regularly employed pipefitters will be covered under the
school districYs group long-term disability plan. The cost for this plan will be deducted from the
Ci total hourly cost. If the premium the district pays for this coverage increases or decreases
thereby increasing or decreasing the premium cost for employees, the Ci total hourly cost will be
adjusted accordingly.
All contributions made in accordance with this Appendix D shall be deducted from and are not in
addition to the amounts shown in Appendix C1. The Appendix D amounts shall be forwarded to
the Twin Citv Pipe Trades Service Association.
The Employer shall establish Workers' Compensation and Unemployment Compensation
programs as required by Minnesota Statutes.
Employees covered by this Agreement shall not be eligible for, governed by or accumulate
vacation, sick leave, holiday, funeral leave or insurance fringe benefits that are or may be
estabfished by Personnel Rufes, Council Ordinance or Council Resolutions.
The Employer's fringe benefit obligation to employees is limited to the contributions and/or
deductions established by this Agreement. The actual level of benefits provided to employees
shall be the responsibiNty oi the Trustees of the various funds to wh�ch the Employer has
forwarded contributions and/or deductions.
•
21
INDEX
�
A N
Absences From Work ................................9 Non-Discrimination...................................14 �
C O
CallBack ................................................5, 8 Overtime ...............................,....................5 '
Classes of Positions ............................7, 17 P
Court Duty Leave .....................................15
PERA.......................................................21
0 Probationary Period ...................................3
D ischarge ...................................
..............11 R
Discipline....................................................9 Resignation..............................................11
E g
EmergencyServiceWork ..........................4 Seniority...................................................10
EmployerRights .........................................1 Stand By.....................................................4
F Subcontracting .........................................14
Failure to Re ort for Du 9, 11 r
P tY .....................
Fringe Benefit Contributions ............6, 7, 21 Temporary Employees Pay Rate ...............6
Fringe Benefits ...........................................7 Termination..............................................11
G Tools ..................................................17, 77
Grievance Procedure .........................12, 13 U
H Union Rights ...............................................2 �
Union SYeward ............................................2
Holiday Work .............................................8 W
Holidays.....................................................8
Hourly Wage ...................................6, 18-20 Wages............................................ 6, 18-20
Hours of Work ............................................4 Work Location............................................6
� Work On A Designated Holiday .................8
WorkWeek ................................................4
Lead Pipefitter, General Lead Pipefitter and Workday .....................................................4
Master Pipefitter .....................................7
M
Mileage................................................6, 15
•
22
INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION
SAINT PAUL PUBLIC SCHOOLS Q a,�- q. G 9
DATE: July 16, 2002
TOPIC: Approval of an Employment Agreement with United Union of Roofers,
Waterproofers and Allied Workers, Local Union No. 96, to Establish Terms
and Conditions of Employment for 2002-2005
A. PERTINENT FACTS:
1. New Agreement is for the three-year period May 1, 2002 through April 30, 2005.
2. Contract changes are as follows:
Waqes: Wage and benefit changes reflect prevailing wage for the industry. The third year will
be a reopener for wages only.
3. The remaining language provisions of the previous contract remain essentially unchanged,
except for necessary changes to dates and outdated references.
4. The District has one (1) regular F.T.E. in this bargaining unit.
5. This agreement maintains the DistricYs fiscal structural balance.
6. The maintenance of buildings promotes a quality learning environment that supports the
teaching target of preparing all students for life.
7. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager;
Wayne Arndt, Negotiations/Labor Relations Manager; Richard Kreyer, Executive Director of
Human Resources and Labor Relations; Patrick Quinn, Executive Director of School
Services; and Lois Rockney, Executive Director of Business and Financial Affairs.
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
Agreement concerning the terms and conditions of employment of those employees in this school
district for whom United Union of Roofers, Waterproofers and Allied Workers, Local Union No. 96,
is the exclusive representative; duration of said Agreement is for the period of May 1, 2002
through April 30, 2005, and that the Board of Education of Independent School District No. 625
adopt a resolution that this agreement maintains the DistricYs fiscal structural balance.
•
�
��
u
INDEX
ARTtCLE TITLE
Preamble.................................................................................................
�. Purpose ...................................................................................................
2. Recognition ..............................................................................................
3. Empfoyer Rights .....................................................................................
4. Union Rights ......................................................................................................
5. Scope of the Agreement ..........................................................................
6. ProbationaryPeriods ...............................................................................
7. Philosophy of Employment a�d Compensation .......................................
8. Hours of Work .........................................................................................
9. Overtime ..................................................................................................
10. Call Back ..................................................................................................
11. Work Location ..........................................................................................
12. Wages ....................................................................................................
t3. Fringe Benefits .........................................................................................
i4. Selection of Lead Roofer .........................................................................
15. Holidays ..................................................................................................
16. Disciplinary Procedures ...........................................................................
17. Absences from Work ...............................................................................
18. Seniority ...................................................................................................
19. Jurisdiction ...............................................................................................
20. Separation ...............................................................................................
21. Tools ....................................................................................................
22. Grievance Procedure ...............................................................................
23. Right of Subcontract ................................................................................
24. Non-Discrimination ...................................................................°--°.........
25. Severability ..............................................................................................
26. Waiver ....................................................................................................
27. Mileage ....................................................................................................
28. Court Duty Leave .....................................................................................
29. Duration and Pledge ................................................................................
Appendix ........................................................................................
Appendix ........................................................................................
AppendixC ........................................................................................
AppendixD ........................................................................................
PAGE
iv
1
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1
2
2
3
3
4
4
5
5
5
6
6
7
8
8
9
10
10
10
11
13
13
13
�4
14
14
15
16
16
17
19
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PREAMBLE
This Agreement is entered into between Independent School District No. 625, herefnafter
referred to as the Employer, and the United Union of Roofers, Waterproofers, and Allied Workers
Local Union No. 96, 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 tfie Independent School District No. 625 for the benefit of the
genera! 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 primarily on attitudes between people at all levels of responsibility.
Constructive attitudes of the Employer, the Union, and the individual employees will best serve the
needs of the general public.
�
•
•
IV
• ARTICLE 1. PURPOSE
1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to:
1.'i.1 Achieve orderly and peaceful relations, thereby establishing a system of
uninterrupted operations and the highest lavel of employee performance that is
consistent with the safety and well-being of all concerned;
1.1.2 Set forth rates of pay, hours of work, and other conditions of employment 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 this Agreement without loss of Qroductivity.
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 statue as provided by Article 25
(SeverabiVity).
ARTICLE 2. RECOGNITION
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, and temporary employed in the classes of positions defined in 22 as
certified by the Bureau of Mediation Services in accordance with Case No. 90-PCL-3058
dated December 7, 1989.
2.2 The cfasses of positions recognized as being exclusively represented by the Union are as
listed in Appendix A.
ARTICLE 3. EMPLOYER RIGHTS
3.1 The Employer retains the right to operate and manage all manpower, 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 pertorrn any inherent managerial
function not specifically limited by this Agreement.
3.2 Any "term or condition of employmenY' not established by this Agreement shall remain
with the Employer to eliminate, modify or establish following written notification to the
Union.
�
ARTICLE 4. UNION RlGNTS
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.
!��,
C�i�-1
The Employer shall not deduct dues from the wages of employees covered by
this Agreement tor any other labor organization.
The Union shall indemnify and save harmless the Employer from any and all
claims or charges made against the Employer as a result of the implementation
of this Articte.
42 The Union may designate one (1) employee from the bargaining unit to act as a Steward
and shall inform the Employer in writing of such designation. Such employee shall have
the right and responsibilities as designated in Article 22 (Grievance Procedure).
4.3 Upon notification to a designated Employer Supervisor, the Business Manager of the
Union or the designated representative shall be permitted to enter the facilities of the
Employer where employees covered by this Agreement are working.
ARTICLE 5. SCOPE OF THE AGREEMENT
5.1 This Agreement establishes the `Yerms and conditions of employmenY' defined by Minn.
Stat. § 179A.03, Subdivision 19, for all employees exclusively represented by the Union.
This Agreement shall supersede such "terms and conditions of employmenY' established
by Civil Service Rule, Council Ordinance, and Council Resolution.
•
•
•
2
• ARTICLE 6. PROBATIONARY PERIODS
6.1 All personnel, originafly hired or rehired following separation, in a regu{ar employment
status shall serve a six (6)-mo�th probationary period during which time the employee's
fitness and ability to perform the class of positions' 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 Procedure).
6.� 2 An employee terminated during the probationary period shall receive a written
notice of the reason(s) for such termination, a copy of which shall be sent to the
Union.
62 All personnel promoted to a higher class of positions shall serve a six (6)-month
promotional probationary period during which time the employee's fitness and ability to
perform the cfass of positions' duties and responsibilities shall be evafuated.
62.1 At any time during the promotional probationary period an employee may be
demoted to the employee's previously-held class of positions at the discretion
of the Employer without appeal to the provisions of Article 22 (Grievance
Procedure).
622 An employee demoted during the promotional probationary period shall be
returned to the employee's previously-held class of positions and shall receive
a written notice of the reasons for demotion, a copy of which shall be sent to the
• Union.
ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The Employer and the Union are in full agreement that the philosophy of employment and
compensation shall be a"cash" hourly wage and "industry' fringe benefit system.
72 The Empfoyer shall compensate employees for all hours worked at the basic hourly wage
rate and hourly fr+nge benefit rate as found in Articles 12 (Wages) and 13 (Fringe
Benefits).
7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee
except as specifically provided fior in this Agreement.
•
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ARTICLE 8. HOURS OF WORK •
8.1 The normal workday shaii be eight (8) consecutive hours per day, excluding a thirty (30)
minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m.
82 The normal work week shall be five (5) consecutive normal workdays Monday through
Friday.
8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to
esYablish second and third shifts or a work week of other than Monday Yhrough Friday, the
Union agrees to enter into negotiations immediately to establish the conditions of such
shifts and/or work weeks.
8.4 This Section shall not be construed as, and is not a guarantee of, any hours of work per
normal workday or per normal work week.
8.5 All employees shall be at the location designated by their supervisor, ready for work, at
the established starting time and shall remain at an assigned work location until the end of
the esfablished workday unless otherwise directed by fheir supervisor.
8.6 All employees are subject to call-back by the Employer as provided by Article 10 (Call
Back).
8.7 Employees reporting for work at the established starting time and for whom �o work is
available shall receive pay for two (2) hours, at the basic hourly rate, unless notification
has been given not to report tor work prior to leaving home, or during the previous
workday.
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ARTlCLE 9. OVERTIME
9.1 Overtime. Time on the payroll in excess of the normal hours set forth above shal( be
"overtime work" and shail be done only by order of the head of the department. An
employee shall be recompensed for work done in excess of the normai hours by being
granted compensatory time on a time-and-one-half 6asis or by being paid on a time-and-
one-half basis for such overtime work. The basis on which such overtime shall be paid
shall be determined solely by the Employer.
92 The oveRime rate of one and one-half (1-t/2) times the basic hourly rate shall be paid for
work performed under the following circumstances:
92.1 Time worked in excess of eight (8) hours in any one normal workday, and
9.22 Time worked in excess of forty (40j hours in a seven (7)-day period.
9.3 For the purposes of calculating overtime compensation, overtime hours worked shall not
be "pyramided," compounded or paid twice for the same hours worked.
9.4 Overtime shall be paid in cash or compensatory fime as determined by the Employer.
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• ARTICLE 10. CALL BACK
t0.1 The Empfoyer retains the right to call back employees before an employee has started a
normal workday or normal work week and after an employee has completed a normal
workday or normal work week.
10.2 Employees called back shall receive a minimum of four (4) hours of pay at the basic
hourly rate.
10.3 The hours worked based on a call back shafl be compensated in accordance with
Article 9(Overtime), when applicable, and subject to the minimum established by 10.2
above.
10.4 Employees called back four (4) hours or less prior to their normal workday shall complete
the normal workday and be compensated only for the overtime hours worked in
accordance with Article 9 (Overtime).
ARTIGLE it. WORKLOCATIQN
11.1 Employees shall report to work location as assigned by a designated Employer
Supervisor. During the normal workday, employees may be assigned to other work
locations at the discretion of the Employer.
• � 12 Employees assigned to work locations during the normal workday other than their original
assignment, and who are required to furnish their own transportation, shall be
compensated for mileage as set forth in Article 27 (Mileage).
ARTICLE 12. WAGES
i2.1 The basic hourly wage rates as establisfied by Appendix C shall be paid Tor all hours
worked by an employee.
12.2 Regular employees and temporary employees 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 13.1 (Fringe Benefits).
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ARTICLE 13. FRINGE BENEFITS
13.1 The Employer shall make contributions on behalf of and/or make deductions from the
wages of employees covered by this Agreement in accordance with Appendix D for all
hours worked.
13.2 The Employer will for the period of this Agreement provide, for those employees who
were hired prior to February 15, 1974, and who were eligible for the Employer's Health
and Welfare premium contributions and who have retired since September �, 1974, such
health insurance premium contributions up to the same dollar amounts as are provided by
the Employer at the date of early retirement and the cost of premium contributions toward
$5,000 life insurance coverage until such employees reach sixty-five (65) years of age.
In order to be eligible for the premium contributions under the provision 13.2 and 13.3 the
employee must:
132.1
132.2
Be receiving benefits from a public employee retiree act at the time of
retirement.
Have severed the employment relationship with the City of Saint Paul and/or
Independent School District No. 625 under one of the early retiree plans.
132.3 Inform the Human Resource Department of Independent School District No.
625 and Office of Human fiesources, City of Saint Paul, in writing within sixty
(60j days of employee's early retirement date that he or she wishes to be
eligible for early refiree insurance benefits.
13.3 For an employee who retired at age sixty-five (65) or later and who met the criteria in 13.2
or for early retirees who qualified under 13.2 and have reached age sixty-five (65), after
retirement the Employer will provide payment of premium for a Medicare supplement
health coverage policy selected by the Employer.
13.4 Effective May 6, 1989, employees shall be eligibte for a paid holiday for Labor Day, the
first Monday in September.
ARTICLE 14. SELECTION OF LEAD ROOFER
14.1
142
14.3
14.4
The selection of personnel for the class of position of Lead Roofer shall remain solely with
the Employer.
The class of position of Lead Roofer shali be fiiled by empioyees of the bargaining unit on
a `Yemporary assignment."
All `Yemporary assignmenYs" shall be made only at the direction of a designated Employer
Supervisor.
Such `Yemporary assignments° shall be made only in cases where the class of positions is
vacant for more than one (1) normal workday.
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ARTICLE �5. HOLIDAYS
15.1 The following nine (9) days shall be designated as unpaid holidays (except Labor Day as
noted in Article � 3.4):
New Year's Day
Martin Luther King, Jr. Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
DayAfterThanksgiving Day
Christmas Day
January 1
Third Monday In January
Third Monday in February
Last Monday in May
July 4
First Monday in September
Fourth Thursday in November
Fourth Friday in November
December 25.
15.2 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
hoiiday.
15.3 The nine (9) holidays shall be considered non-workdays.
15.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency
reasons, employees may be scheduled or "called back" in accordance with Ariicle 10 (Call
Back}.
15.5 Employees assigned to work on the Day After Thanksgiving, Martin Luther King, Jr. Day,
or Presidents' Day shall be compensated on a straight-time basis Sor such hours worked.
15.6 Employees assigned to work on New Year's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two
(2) times the basic hourly rate for such hours worked.
15.7 Employees shalf receive holiday pay for Labor Day, the first Monday in September, at the
6asic hourly rate in accordance with Artide 13.4. Labor Day shall be the sole holiday for
which the Employer shall provide holiday pay.
15.8 In order to be eligible for holiday pay for the Labor Day Holiday, employees who are on
active payroll status preceding and following the Labor Day Holiday shall receive pay for
the Labor Day Holiday.
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ARTICLE 76. DISCIPLINARY PROCEDURES
16.1 The Employer shall have the right to impose discipiinary actions on employees for just
cause.
16.2 Disciplinary actions by the Employer shaU include only the following actions:
� 6.2.1 Oral reprimand;
16.22 Written reprimand;
162.3 Suspension;
16.2.4 Demotion;
162.5 Discharge.
16.3 Employees who are suspended, demoted or discharged shall retain all rights under Minn.
Stat. § 179A.20, Subd, 4, and thereby shall have the right to request that such actions be
considered a"grievance" for the purpose of processing through the provisions of Article
23 (Grievance Procedure). Once an employee or the Union acting in the employee's
behalf initiates review of an action, that matter shall not be again reviewed in another
forum. Oral reprimands shall not be subject to the grievance review procedures.
ARTICLE 17. ABSENCES FROM WORK
172 Employees who are unable to report for their normal workday have the responsibility to
notify their supervisor of such absence as soon as possibie, but in no event later than the
beginning of such workday.
172
17.3
Failure to make such notification may be grounds for discipline as provided in Article 16
(Disciplinary Procedures).
Failure to report for work without notification for three (3) consecutive normal workdays
may be considered a°quit" by the Employer on the part of the employee.
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• ARTICLE 18. SENIORITY
18.1 For the purpose of this Article the following terms shall be defined as follows:
18.1.� The term, °Employe�' shall mean Independent School District No. 625, Saint
Paul Public Schools.
18.�2 The term, "Master Seniority' shall mean the length of continuous regular and
probationary service with the Employer from the date an employee was first
appointed to any class title with the Employer covered by this Agreement.
18.1.3 The term "Class Seniorit�' shall mean the length of continuous regular and
probationary service with the Employer from the date an employee was first
appointed to a position with the Employer in a class title covered by this
Agreement.
This Sectio� 18.1.3 is intended to mean that for any person, no matter what the
person's prior experience or how hired by the District, the person's class
seniority starts at zero the day of appointment to a School District position in
that title and begins to be calculated from that date. An employee's Class
Seniority does not revert to zero following recall from an Employer initiated
layoff within the twenty-four (24)-month recall rights period specified in 18.4.
This definition of class senioriry would be used for ail fayoff decisions.
18.2 Seniority shall not accumulate 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
i{Iness or injury; is granted to allow an employee to accept an appointment to the
� unclassified service of the Employer or to an elected or appointed full-time position with
the Union.
18.3 Seniority shall terminate when an employee retires, resigns or is discharged.
18.4 ln the event it is determined by the Employer that it is necessary to reduce the workforce,
employees wiA be lafd off by class title within each Department based on inverse length of
"Class Seniority." Empfoyees laid off by the Employer shall have the right 40
reinstatement in any lower-paid class title previously held which is covered by this
Agreement, provided the employee has greater "Class Seniority' than the employee being
replaced. Recall from layoff shall be in inverse order of IayoH, except that recall rights
shall expire after twenty-four (24) months from the last day of work preceding the layoff.
No other Civil Service recall rights to this Employer shall apply. This provision does not
address any rights the employee may have to be recalled to any other employer.
18.5 The selection of vacation periods shall be made by class title based on length of "Class
Seniorit�' subject to the approval of the Employer.
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ARTICLE 19. JURISDICTION
19.1 Disputes concerning work jurisdiction between and among unions is recognized as an
appropriate subject for determination by the various unions representing employees of the
Employer.
192 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual
agreements between the unions involved.
19.3 In the event of a dispute concerning the perforcnartce or assignment of work, the unions
involved and the Employer shali 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 ihe dispute or fo restrict the Employer's basic
right to assign work.
19.4 Any employee refusing to perform work assigned by the Employer and as clarified by
Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article
16 (Disciplinary Procedures).
19.5 There shall be no work stoppage, siow down or any disruption of work resulting from a
work assignment.
ARTICLE 20. SEPARATION
20.1 Employees having a probationary or regular employment status shall be considered
separated from employment based on the foilowing actions:
20.1.1
20.12
20.1.3
Resiqnation. Employees resigning from employment shall give written notice
fourteen (14) calendar days prior to the effective date of the resignation.
Discharqe. As provided in Article 16.
Failure to Report for Dutv. As provided in Article 17.
202 Employees having a temporary employment status may be terminated at 4he discretion of
the Employer before the completion of a normal workday.
ARTICLE 21. TOOLS
21.t Ali employees shall personally provide themselves with the tools of the trade as listed in
Appendix B.
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ARTICLE 22. GRIEVANCE PROCEDURE
22.1 The Employer shall recognize stewards selected in accordance with Union rules and
regulations as the grievance representaUve of the bargaining unit. The Union shall notify
the Employer in writing of the names of the stewards and of their successors 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
empfoyees and shali therefore be accompfished during working hours only when
consistent with such employee duties and responsibilities. The steward involved and a
grieving employee shall suffer no Ioss in pay when a grievance is processed during
working hours, provided the steward 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 ot the Employer.
22.3 The procedure estahlished by this Artide shall, except as previously noted in Article 16
{Disciplinary Procedures), be the sole and exclusive procedure for the processing of
grievances, which are defined as an alleged violation of the terms and conditions of this
Agreement.
22.4 Grievances shall be resolved in conformance with the foliowing 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 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 alleged section(s) of
the Agreement violated, and the relief requested. Any alleged violation of the
Agreement not reduced to writing by the U�io� within seven (7) calendar days
of the first occurrence ot the event giving rise to the grievance or within the use
of reasonable difigence should have had knowledge of the first occurrence of
the event giving rise to the grievance, shall be considered waived.
Step2. Within seven (7) calendar days after receiving the written grievance, a
designated Employer Supervisor shall meet with the Union Steward and
attempt to resolve the grievance. If, as a result of this meeting, the grievance
remains unresolved, the Employer shall reply in writing to the Union within three
(3) caiendar days following this meeting. The Union may refer the grievance in
writing to Step 3 within seven (7) calendar Days following receipt of the
Employer's written answer. Any grievance not referred in writing by the Union
within seven (7) cale�dar days following receipt of the Employer's answer shall
be considered waived.
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ARTICLE 22. GRIEVANCE PROCEDURE (continued) •
Step 3. Within seven (7) calendar days tollowing receipt of a grievance referred trom
Step 2, a designated Employer Supervisor shall meet with the Union Business
Manager or his designated representative and attempt to resolve the grievance.
Within seven (7) calendar days following this meeting, the Employer shall reply
in writing to the Union stating the Employe�'s answer concerning the grievance.
If, as a result of the written response, the grievance remains unresofved, 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 remal�s unresolved, the Union may within seven (7) calendar
days after the response of the Employer in Step 3, by written notice to the
Employer, request arbitration of the grievance. The Arbitration proceedings
shall be conducted by an arbitrator to be selected by mutuai agreement of the
Employer and ihe Union within seven (7) caiendar days after notice has been
given. If the parties fail to mutually agree upon an arbifrator within the said
seven (7}-day period, either parry 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 (1st) name; the Employer shall then strike one (�) name.
The process will be repeated and the remaining person shall be the arbitrafor.
22.5 The arbitrator shall have no right to amend, rtullify, 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 and the Union and shall have no authority to
make a decision on any other issue not so submitted. The arbicrator shall 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 law. The
arbitrator's decision shall be submitted in writing within thirty (30) days following close of
the hearing or the submission of briefs by the parties, whichever be later, unless the
parties agree to an extension. The decision shall be based solely on the arbitrator's
interpretation or application of the express terms of this Agreement and to the facts of the
grievance presented. The decision of the arbitrator shall be tinal an binding on the
Employer, the Union, and the employees.
22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne
equally by the Employer and the Union, provided tfiat each party shail be responsible for
compensating its own representative and witnesses. If either party cancels an arbitration
hearing or asks for a last-minute postponement that leads to the arbitrator's making a
charge, the canceling party or the party asking for the postponement shall pay this
charge. 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 exiended by mutual agreement of
ihe Employer and the Union.
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• ARTIGLE 23. RIG41T OF SUBCQNTRACT
23.1 7he Employer may, at any time during the duration of this Agreement, contract out work
done by the employees covered by this Agreement. In the eve�t that such contracting
would result in a reduction of the workforce covered by this Agreement, the Employer
shall give the Union a niaety (90) calendar day notice pf the intention to subcoatract.
232 The subcontracting of work done by the employees covered try this Agreement shall in all
cases be made only to employers who qualify in accordance with Ordinance No. 14013.
ARTICLE 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 responsibifities in a non-discriminatory manner as
such duties and responsi6ilities involve other employees and the general pu6lic.
ARTICLE 25. SEVERABILITY
• 25.1 in the event that any provision(s) of this Agreement is declared to be contrary to law by
proper legislative, administrative or judicial authority from whose findings, determination
or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall
continue in full force and effect.
252 The parties agree to, upon written notice, enter into negotiations to place the voided
provisions of the Agreement in compliance with the legislative, administrative or judicial
determi�ation.
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ARTICLE 26. WAIVER
26.1 The Employer and the Union acknowledge that during the meeting and negotiating which
resulted in this Agreement, each had the right and opportunity to make proposals with
respect to any subject concerning the terms and conditions of employment. The
agreements and understandings reached by the parties after the exercise of this right are
fully and completely set forth in this Agreement.
262 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 condition 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
Agreemeni.
26.3 Any and all prior ordinances, agreements, resolutions, practices
regulations regarding the terrns and conditions of employment,
inconsistent with this Agreement, are hereby superseded.
ARTICLE 27. MILEAGE
, policiss, and rules or
to the e�ent they are
27.1 Employees of the School District, under policy adopted by the Board of Education, may be
reimbursed for the use of their automobiles for school business. The mileage allowance
for eligibie emp(oyees shall be established at the discretion of the Board. According to
Board Policy, the rate will be adjusted every July 1 fo conform to fRS aflowable rates.
An empioyee must keep a record of each trip made. Reimbursement shall be for the
actual mileage driven in fhe performance of assigned duties as verified by fhe appropriate
school district adminisfrator and in accordance wifh School District Business Office
policies and procedures.
ARTICLE 28. COURT DUTY LEAVE
28.1 Any employee who is required to appear in court as a juror or as a subpoenaed witness
shall be paid the difference between any compensation provided by the union and his(her
regular pay while so engaged, unless the court duty is the result of litigation undertaken by
the employee or the Union against the Employer. Any fees that the employee shall
receive from the court for such service shall be paid to the Employer. Any employee, who
is scheduled to work a shift other than the normal daytime shift, shall be rescheduled to
work the normal day[ime shift during such time as he/she is required to appear in court as
a juror or witness.
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� ARTlCIE 29. DURATION AND PLEDGE
29.1 This Agreement shalt become effective as of the date of signing, except as specifically
provided otherwise in Articles 12 and 13, and shatt remain in effect through the 30th day
of April 2005, and corrtinue in effect from year to year thereafter uNess not�ce to change
or fo terminate is give� in the manner provided in 28.2.
292 !f either party desires to tertninate or modify this Agreement effective as of the date of
expiration, the party wishing to mad'rfy or tertninate the Agreement shall give written
notice to the other pacty, not more than ninety (9Q) or less than sixty (60) calendar days
prior to the expiration date, provided that the Agreement may only be so terminated or
modfied effective as of the e�cpiraGon date.
29.3 In consideration of the tertns and conditions of empioyment estabiished by this
Agreement and the recognition that the Grievance Procedure herein established is the
means by which grievances conceming its appiication or interpretation may be peacefully
resolved, the parties hereby pledge that during the term of the Agreement:
29.3.1 The Urtion and the employees wiii not engage in, instigate or condone any
concerted action in which employees fail to report for duty, willfully absent
themselves from work, stop work, siow down their work or absent themseives
i� whole or in part from the full, faithful pertormance of their duties of
employment.
29.32 The Empioyer wiii not engage in, instigate or condone any lockout of
employees.
29.3.3 This constitutes a tentative Agreement between the parties that will be
recommended by the sahooi board negotiator, but is subject to the approval of
the 6oard of Education and is also subject to ratfication by the Union.
� The parties agree and attest by the signature of the following representatives for the Empioyer and
the Union that this represents the full and complete understanding of the parties for the penod of time
herein specified.
WITNESSES:
UNITED UNION OF ROOFERS,
WATERPROOFERS AND ALLIED
WORKERS, LOC UNION NO. 96
usiness anager
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APPENDIX A
The classes of positions recognized by fhe Employer as being exclusively represented by the
Union are as follows:
Roofer
Lead Roofer
Apprentice - Roofer
and other classes of positions that may be established by the Employer where the duties and
responsihilities assigned come within the jurisdiction of the Union.
APPENDtX B
All necessary hand tools.
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• APPENDIX C
Ci The total hourly gost to the Employer for wages plus any and all contributions or
deductions stated in Appendix D of this Agreement shall not exceed the following amounts:
Effective Effective
5(1f02 6/15f02
$34.06 $35.96
$36.06 $37.96
Effective Effective
5(3(03 5/1104�1)
$37.76 (1)
$39.76 (1)
Roofer
Lead Roofer
C2 The total taxable hourly rate including wages and the vacation contribution in Appendix D
and excluding all other benefit costs and obligations in Appendix D for regular and probationary
employees appointed to the following classes of positions shall be as follows:
Effective Effective Effective
6/15/02 5/3/03 5/1/04
Roofer
Lead Roofer
$25.53
$26J1
Effective
5/1 /02
$24.68
$25.86
C2A The basic hourly wage rates in this Appendix (C2A) are for compensation analvsis
ouruoses on{v. These figures represent the portion of the Appendix C1 rates above
• speeifically aliocated to wages. These rates do NOT include taxable contributions and
therefore should NOT be used for taxable payroll calculations. See Appendix C2 above for
total taxable payroll information.
Effective
6/� 5/02
Plumber
Lead Plumber
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Effective Effective
5/3/03 5/1 /04
$23.48
$24.66
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��� Note For Appendix C7: The parties agree that for the third year of this Agreement, there will be a
reopener to discuss wages and benefits only. The May 1, 2004, total hourly cost and distribution will be
negotiated at that time.
" The May 3, 2003, hourly rates in Appendices C2, C2A and C3 shall be determined at a later date based
on the allocation agreed to by the Employer and the Union of the May 3, 2003, total hourly cost stated in
Appendix C1.
" The May 1, 2004, hourly rates in Appendices C2, G2A and C3 shall be determined at a later date based
on the allocaiion agreed io by the Empfoyer and the Union of the May 1, 2004, total hourly cost determined
for the third-year wage reopener.
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APPENDiX C (continued)
C3 The total Yaxable hourly rate including wages and the vacation contribution in Appendix D
tor temporary employees appointed to the following classes of positions shall be:
Roofer
Lead Roofer
Effective Effective
5/1/02 6/15/02
$26.04 $26.94
$2729 $28.19
Effective Effective
5/3/03 5/1/04
If a temporary empioyee working in a title listed in this Appendix C3 becomes subject to the
requirements of the Public Employees Retirement Act (PERA), that thereby requires the Employer
to make contributions to PERA, the calculated houriy rate may change so the Employer's cost
does not exceed the amounts listed in Appendix Ci above.
C4 The basic hourly wage rates for the Apprentice class of positions:
Aoorentice Percent of Roofer Rate
0
501
1001
150�
2001
2501
3001
3501
4001
4501
5001
5501
- 500 hours ..........................
- 700o no��s ..........................
- 1500 hours ..........................
- 2000 hours ..........................
- 2500 hours ..........................
- 3000 hours ..........................
- 3500 hours ..........................
- 4000 hours ..........................
- 4500 hours ..........................
- 5000 hours ..........................
- 5500 hours ..........................
- 6000 hours ..........................
....... 50% of Roofer rate
....... 52% of Roofer rate
....... 54% of Roofer rate
....... 56% of Roofer rate
....... 58% of Roofer rate
....... 60% of Roofer rafe
....... 65% of Roofer rate
....... 70% of Roofer rate
....... 759'0 of Roofer rate
....... 80% of Roofer rate
....... 85% of Roofer rate
....... 95% of Roofer rate
If the Union elects to have the contributions listed in Appendix D increased or decreased, the
Empioyer may adjust the rates in Appendix C, Sec6ons C2 through C4 in such a way that the total
cost of the package (wage rate plus contributions) remains constant and does not exceed the
amounts shown in Appendix C, Section C7.
' The May 7, 2003, hourly rates in Appendices C2, C2A and C3 shall be determined at a later tlate based
on the allocation agreed to by the Employer and the Union of the May 3, 2003, total hourly cost stated in
Appendix C1.
�� The May 1, 2004, houdy rates in Appendices C2, C2A and C3 shall be determined at a later date based
on the aliocation agreed !o by ihe Employer and the Union of the May 1, 2004, total hourly cost deterrnined
for the third-year wage reopener.
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APPENDIX D
Effective May 1, 2002, the Employer shall forward the amounts designated in this Appendix D for
employees covered by this Agreement to depositories as directed by the Union and agreed to by the
Employer:
��)
�2)
(3)
$2.05 per hour for all hours worked from which all appropriate payroll deductions have been made
to a Union-designated Vacation(Assessment Fund.
$3.45 per hour for all hours worked to a Union-designated Health and Welfare Fund.
$1.95 per hour for all hours worked by person in the Roofer title and $2.45 for all hours worked by
person in the Lead Roofier title to a Union-designated Pension Fund.
(4) $2.45 per hour for alf hours worked by person in the Rooter title and $2.70 Eor atl hours worked by
persons in the Lead Roofer title to a Union-designated Annuitv Fund.
(5) $.15 per hour for all hours worked to a Union-designated Apprenticeship Fund.
(6) $.02 per hour for all hours worked to a Union-designated LMCC Fund.
Effective June 15, 2002, the Employer shall forward ihe amounts designated in this Appendix D 1or
employees covered by this Agreement to depositories as directed by the Union and agreed to by the
Employer:
�1)
i2)
� (3)
�4)
(6)
(6)
�
$2.05 per hour for all hours worked from which all appropriate payroll deductions have been made
to a Union-designated Vacation/Assessment Fund.
$3.95 per hour tor all hours worked to a Union-designated Health and Welfare Fund.
$2.45 per hour for all hours worked by person in the Roofer title and $2.95 for all hours worked by
person in the Lead Roofer title to a Union-designated Pension Fund.
$2.45 per hour for all hours worked by person in the Roofer title and $2.70 for all hours worked by
persons in the Lead Roofer tit�e to a Union-designated Annuitv Fund.
$.15 per hour for all hours worked to a Union-designated Aporenticeshio Fund.
$.02 per hour for all hours worked io a Union-designated LMCC Fund.
The Employer shall make legally-established non-negotiated pension contributions to PERA. Changes in
the mandated PERA rate may change the calculated hourly base rate of pay so the employer's cost does
not exceed the amounts listed in Appendix C1 above.
All contributions made in accordance with this Appendix D shall be deducted from and are not in addition to
the amounts shown in Appendix Ct. The Appendix D amounts shall be fonxarded to depositories as
directed by the Union and agreed to by the Employer.
The Employer shall establish Workers' Compensation and Unemployment Compensation programs as
required by Minnesota Statutes.
Employees covered by this Agreement shall not be eligible for, governed by or accumulate vacation, sick
leave, hofiday, funeral leave or insurance fringe benefits that are or may be established by Personnel Rules
Council Ordinance or Council Resolutions.
The Employer's fringe benefit o6ligation to employees is limited to the contributions andlor deductions
established by this Agreement. The actual level 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.
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