Loading...
04-1079Council File # - �1� rresenrea Referred To Green Sheet # 3024151 RESOLUTION CITY OF SAINT PAUL, MINNESOTA '� Committee Date 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 between the City of Saint Paul and the Lake and Plains Regional Council of Carpenters and Joiners for 3 May 1, 2004 through Aprii 30, 2007. � Approvedby y r: Date d�' l� ' By: ��Aiifsz� � � Requested by Departrnent of: Offi e of Human Resources By: Adopted by Council: Date /V dVe6v� � a`/ aI?O`�' Adoption Certified by Co�cil Secretary � Green Sheet Green Sheet� Green Sheet Green Sheet Green Sheet Green Sheet � C��1- IR�9 D�artrnen}/offieeJcouncil: �ate Initiated: — - � . Hu -�� �-NO„-� Green Sheet NO: 3024151 CoMad person 8 Phone: ���t Sent To Person � Initia6Date James Vollmer � 0 � � �"� Assign 1 �iResources De r Must Be on Cou�'I qqenda by (Date): Nmnber y p� " �_ For - 3 r , s �re M or/As,wtant Routing Ordu 4 ^ 5 erk Total # of Signature Pages _(Clip All Locations for Signafure) Action Requested: Approve and ratify the attached Collective Bazgaining Agreement (May 1, 2004 through Apri130, 200'n between the City of Saint Paul and the Lakes and Plains Regional Council of Cazpemers and Joiners Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1, Has this persoNfirtn ever worked under a coMract for this departmenYt CIB CommiNee Yes No Civii Service Commission 2. Has this persoNfirm ever been a city employee? Yes No . - 3. Does this persoNfirm possess a skill not nortnaily possessed by any � cunerd city employee7 Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, issues, Opportunity (Who, What, When, Where, Why): , The previous Collective �azgaining tlg�reement expired on Apri130, 2004. The City is required to negotiate with the bazgaining unit AdvanWges If Approved: An agieement would be in place thorugh April 30, 2007. Disadva�Rages If Approved: None. Disadvantages If Not Approved: The relationship between the City and this bazgaining unit would be slxained. Total Artwunt of CostlRevenue Budgeted: Trensaction: Funding Source: ActivRy Number: �o�,p�ry� (�`pn{ep Financial Infortnation: (ExPlain) _ ��� � 6 . t q� °J a`�-to� ATTACHIVI�NT TO THE GREEN SHEET MAINTENANCE LABOR AGREEMENT WTI'H THE LAKES AND PLAINS REGIONAL COUNCIL OF CARPENTERS AND JOINERS Below is a summary of the changes in the Maintenance Labor Agreement between the City of Saint Paul and the Lakes and Plains Regional Council of Carpenters and Joiners. Duration• May 1, 2004 through Apri130, 2007. _ Wa�es: The City agreed to the prevailing wage rate. LanguaEe• Article 5- Scope of agreement (New) Promotion rights will no longer apply to those classifications represented by this bargaining unit. Articles 7(New) Employees may, with mutual agreement of the employer, work altemate schedules to attend job related training, conferences and seminazs. Article 11 Clarifying language describing the requirements for movement from step to step for the Building Inspector classification. Previous language was ambiguous. Article 13 (New) Language providing for the Senior Building Inspector classification to be a temporary assignment. Article 14 (New) Language providing for legal services to employees during the course of their regular employment and duties. Article 18 (New) Language providing for out of seniority order layoffs for legitimate business purposes. Article 27 Employees will receive the IRS mileage reimbursement rate starting 1/1/2005. Other language changes were of a housekeeping nature for clarification and cleanup. Retroactivitv Retroactive pay adjustments shall apply to all employees of the bazgaining unit except those who have been ternunated for cause. C:�Documents and Settings�susanw�I,oca7 Settingr\Teatp\gnstttattachment.wpd , � p� -1o�°I 1VIAY 2004 THROUGH APRIL 2007 � , �LABOR A�R�EN�NT � _ � � _ � � � - betvveen - . _ � � . THE CITY 0F �AINT PAUL � � � .. ; - � � �= an� � � = � � �. _- , LAKES AND PLAINS REGIONA� COUN�CiL , � OF CARPENTERS AND �OINERS o'�-lo� q �� : ARTICLE TITLE PAGE Preamble ....................................................... ii 1 Purpose ..........................................................i 2 Recognition ......................................................1 3 Employer Rights ..................................................1 4 Union Rights .....................................................1 5 Scope ofthe Agreement .............................................2 6 Probationary Periods ...............................................2 7 HoursofWork ....................................................3 8 Overtime ........................................................3 9 Ca1lBack/Ca11In ..................................................4 10 Work Location ....................................................4 11 ' Wages ...........................................................4 12 Fringe Benefits ....................................................5 13 Selection of Foreman and General Foreman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 14 LegalServices ....................................................6 15 Holidays .........................................................6 16 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 17 AbsencesFrom Work ..............................................7 18 Seniority ..........................................................7 19 7urisdiction .......................................................8 20 Separation .......................................................9 21 Tools ...........................................................9 22 Grievance Procedure ...............................................9 23 Rightof Subcontract ..............................................11 24 Nondiscrimination ................................................11 25 Severability .....................................................12 26 Waiver .........................................................12 27 City Mileage Plan .................................................12 28 Uniform Allowance ...............................................13 29 Duration and Pledge ...............................................14 Appendiz .................................................... Al Appendix .................................................... Bi Appendis .................................................... C1 1 O�f-�o7� � , . �. _ . _ . This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the Lakes and Plains Regional Council of Carpenters and Joiners, hereinafter refesed to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the City of Saint Paul foz 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. Construcfive attitudes of the City, the Union, and the individual empioyees will best serve the needs of the general public. I1 o� �v7q� ARTICLE 1 - PURPOSE 1.1 The Employer and the Union agree that the purpose for enYering into this Agreement is to: 1.1(1) Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concemed; 1.1(2) Set forth rates of pay, hours of work, and other conditions of 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 productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shail 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 regulaz, probationary, provisional, and temporary employed in the classes of positions defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-478-A dated Apri116, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology, to establish and modify the organizational struchxre; to select, direct and detezmine the number ofpersonnel; and to perform any inherent managerial function not specifically limited by tius Agreement. 3.2 Any "term or condition of employment" not established by this Agreement shall remain with the Employer to eliminate, modify, or establish following written notification to the Union. ARTICLE 4 - UNION RIGHT5 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1(1) The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. -1- � �e� TICLE 4 - i1NION RIGHTS (Continued) 4.1(2) The Union shall indemnify and save harmless the Employer from any and all claims or chazges made against the Employer as a result of the unplementation of this Article. 4,2 The Union may designate one (1) employee from the bazgaining 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). 43 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 aze worldng. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employment" defined by M.S. 179A for all employees exclusively represented by the Union. This Agreement shall supersede such "tetms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. 5.2 Employees represented by this agreement are covered by the Civil Service Rules with the exception of those rules pertaining to preference in promotion as related to Sections 8 and 14. ARTICLE 6 - PROBATIONARY PERIODS 6.1 All persoanel, originally hired or rehired following sepazation, in a regular employment status shall serve a six (6) month probationazy period during which time the employee's fitness and ability to perform the position's dufies and responsibiIities 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 (Cmevance 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 sha11 be sent to the Union. 6.2 All personnel promoted to a higher ciass shall serve a six (6) montlx promotional probationary period during which time the employee's fitness and ability to perform the position's duties and responsibiliries shall be evaluated. 6.2(1) At any time during the promotionai probationary period an employee may be demoted to the employee's previously held class 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 and shall receive a written notice of the reasons for demotion, a copy of which sha11 be sent to the Union. -2- oy-ta�� ARTICLE 7- HOURS OF WORK 7.1 The normal work day shall be eight (8) consecutive hours per day, excluding a tlurty (30) minute lunch period, between 7:00 am. and 530 p.m. 7.2 The normal work week shall be five (5) consecutive normal work days Monday tkrough Friday. 73 If, during the term of this Agreement, it is necessary in the Employer's jud�ent 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 ancUor work weeks. 7.4 This section shall not be conshued as, and is not a guarantee of, any hours of work per normal work day or per normal work week.. 7.5 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 locarion until the end of the established work day unless otherwise directed by their supervisor. 7.6 All employees aze subject to call back by the Employer as provided by Article 9(Call Back/Call In). 7.7 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 work day. 7.8 Notwithstanding Sections 7.1 through 73, empioyees may, through mutual agreement with the Employer, for the purpose of attending seminazs, conferences or training, work schedules other than schedules lunited by the normal work day and work week as set forth in Sections 7.1, 7.2 and 73. ARTICLE 8 - OVERTIME 8.1 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 overtixne claun will not be honored, even though shown on the time cazd, unless the required advance approval has been obtained. 8.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: 8.2(1) Time worked in excess of eight (8) hours in any one normal work day and 8.2(2) Tune worked in excess of forty (40) hours in any seven (7) day period. 8.2(3) Overtime compensation for employees working under such agreements as stated in Article 7, section 7.8 of this collective bazgaining agreement shall be subject to the provisions of the Federal Fair Labor Standazds Act. -3- 0��1�75 ARTICLE 8 - OVERTIME (Continued) 8.3 For the purposes of calculating overtime compensation overtime hours worked shall not be "Pyramided", compounded, or paid twice for the same hours worked. 8.4 Overtime hours worked as provided by this Article shall be paid in cash or in compensatory time. The method of payment shall be detemuned solely by the Employer. ARTICLE 9- CALL BACK/CALL IN 9.1 The Employer retains the right to call in or call back employees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 9.2 Employees called in or called back shall receive a minimum of four (4) hours straight time pay at the basic hourly rate or shall be compensated in accordance with Article 8(Overtime), when applicable, whichever is greater. 9.2(1) Notwithstanding Article 9.2, employees called in fout (4) houts or less prior to their normal work day shall complete the normal work day and be compensated only or overtime hours worked in accordance with Article 8(Overtime). ARTICLE 10 - WORK LOCATION 10.1 Employees shall report to work locations as assigned by a designated Employer supervisor. During the normal work day employees may be assigned to other work locafions at the direction of the Employer. ARTICLE 11- WAGES 11.1 The basic hourly wage rates as established by Appendix B shall be paid for all hours worked by an exnployee. No retroactive payment shall be made to any employee who has ternunated his/her employment prior to signixig of the new Agreement. 11.2 Employees in the classification of Building Inspector shall begin employment at step 1; shall advance to step 2 after working 1850 hours as a Building Ixispector and successfully complete 9 credits in Building Inspection Technology as provided at an accredited community college or vocational school and who have been certified as a Class I Building Official by the State of Minnesota; shall advance to step 3 after working an additiona13700 hours as a Building Inspector and successfully complete 24 credits in Building Inspection Technology as provided at an aceredited community college or vocational school and attain Class II Building Official Certification. Advancement in step shall be implementad at the start of the pay period followittg the attainment of hours for each step. �� ay-�o�9 A.RTICLE 11- WAGES (Continued) 113 Employees shall be compensated in accordance with Article 11.1 (Wages) and have fi benefit conhibutions and/or deductions made on their behalf as provided for by Article 12 (Fringe Benefits). 113(1) Participating (Union benefitted) employees shall use all vacation that they have eamed and are eligible for as outliued in the Lakes and Plains Regional Council of Carpenters & 7oiners Regular Vacarion andHoliday & Reserve Trust Plan Documents. 11.4 Provisional and temporary employees shall be considered, for the purposes of this Agreement, "participating employees" and shall be compensated in accordance with Article 111 (Wages) and have fringe benefit contribufions and/or deductions made in their behalf as provided for by Article 12 (Fringe Benefits). 11.5 All regular employees employed after Febnxary 15, 1974, shall be considered, for the purpose of this Agreement, "participating employees" and shall be compensated in accordance with Article 11.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12 (Fringe Benefits). i l. 6 Employees covered by this agreement are not eligible to participate in the Pubiic Employee Retirement Association (PERA) plan except for those employees hired prior to May 1, 2000 who elected to remain under the PERA plan pursuant to Section 353.01 subd. 2b(18) of the Minnesota Statutes. ARTICLE 12 - FRINGE BENEFITS 12.1 The Employer shall make contributions on behalf of arid/or make deductions from the wages of employees covered by this Agreement in accardance with Appendix C for all hours worked. ARTICLE 13 - SELECTION OF FOREMAN, GENERAL FOREMAN AND SENIOR BUILDING INSPECTOR 13.1 The selection of personnel for the class of Carpenter Foreman and Senior Building Inspector shall remain solely with the Employer. 13.2 The classes of positions Carpenter Foreman and Senior Building Inspector shall be filled by employees of the bazgaining unit on a"temporary assignment." 13.3 All "temporary assignments" shall be made only at the direction of a designated Employer supervisor. 13.4 Such "temporary assignments" may be made only in cases where the class of positions is vacant for more than four (4) normal work days. -5- ay-�6� f ARTICLE 14 - LEGAL SERVICES 14.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, or indifference to rights of others, the Employer shall defend, save harmless an@ indemnify 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. 14.2 Notwithstanding the provisions of Section 14.1 the Employer shall not be required to defend or indemnify any employee against personal liability, or damages, costs or e�;pense (a) resuiting from a claim, suit, verdict, finding, determination or judgment that the employee has committed an intentional tort or torts, including but not limited to slander, libel and/or other defamatory hazms; or (b) arising out of eross claims, counterclaims, affirmafive 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, 143 Each employee, within 20 days after receiving notice of (1) a tort claim or demand, action, suit or proceeding against him/her, (2) a judgnent, 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, sha11 norify the City by giving written notice thereof to the Office of the City Clerk. ARTICLE 15 - HOLIDAYS 15.1 The following ten (10) days shall be designated as holidays: New Year's Day, 7anuary 1 Martin Luther King Day, third Monday in 7anuary (effective I986) Presidents' Day, third Monday in February Memorial Day, last Monday in May Independence Day, 7uly 4 Labor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, fourth Friday in November Chrishnas Day, December 25 15.2 When New Yeaz's Day, Independence Day or Christmas Day fails on a Sunday, the following Monday shall be considered the desigiated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 153 The ten (10) holidays shall be considered non-work days. 15.4 If in the jud�ent of the Employer personnel aze necessary for operating or emergency reasons, employees may be scheduled or "called back," or "called in," in accordance with Article 9{Call Back/Call In). 15.5 Participating employees (I7nion benefitted), as defined in Articles 113, 11.4 and 11.5, assigned to work on Martin Luther King Day, Presidents' Day, Day After Thanksgiving, or Veterans' Day shall be compensated on a straight time basis for such hours worked. -6- a� �o7y ARTICLE 15 - HOLIDAYS (Continued) 15.6 Participating employees (Union benefitted) assigned to work on New Yeaz'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. ARTICLE 16 - DISCIPLINARY PROCEDURES 16.1 16.2 The Employer shall have the right to impose disciplinary actions on employees for just cause. Disciplinary acrions by the Employer shall include only the following actions: 16.2(1) Oral reprimand 16.2(2) Written reprimand 16.2(3) Suspension 16.2(4) Demotion 16.2(5) Dischazge 163 Employees who aze suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Comxnission. The Civil Service Commission shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appeal of a suspension, demotion, or discharge shall be considered a"grievance" for the purpose of processing through the provisions of Article 22 (Cmevance Procedure). ARTICLE 17 - ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of each work day. 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (Disciplinary Procedures). 17.3 Failure to report for work without notification for three (3) consecutive ttormal work days may be considered a"quit" by the Employer on the part of the empioyee. ARTICLE 18 - SENIORITY 18.1 Seniority, for the purposes of this Agreement, shall be defined as follows: 18.1(1) "Master 5eniority" - the length of continuous regular and probationary service with the Bmployer from the last date of employxnent in any and all class titles covered by this Agreement. 181(2) "Class Seniority" - the length of continuous regulaz and probationary service with the Employer from the date an employee was first appointed to a class title covered by this Agreement. -7- p�F /v79 ARTICLE 18 - SENIORITY (Continued) 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 tlurty (30) calendar days; is ganted 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. 183 Seniority shail terminate when an employee retires, resigns, or is dischazged. 18.4 In the event it is deteiniin.ed by the Employer that it is necessary to reduce the work force, all temporary employees shall be released prior to the layoff of permanent employees. Further, it is managemenY s intent that permanent employees will be laid off by class tifle within each Department based on inverse length of "Class Seniority." However, management reserves the right to institute layoffs out of seniority for legitimate business reasons. T'he Union will receive a 30 day written notification of the legitimate business reason for out-of-order layoff only. Management's exercise of this right shall not be arbitrary or capricious. If the Union believes that an out-of-order layoff has occurred for an arbitrary or capricious reason, such decision may be grieved under Article 22. Upon request, the parties agree to "meet and confer" to discuss any out-of-order layoff. This Article shall not be used in place of Article 16 (Disciplinary Procedures) to discharge employees. Recall from layoff shall be according to Article 22 of the Civil Service Rules. 18.5 The selection of vacation periods shall be made by class title based on lengkh of "Class Seniority", subject to the approval of the Employer. ARTICLE 19 - JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for deternunation 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 unio�ns 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 reshict 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 193 above sha11 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. �:� 6�� �a�y ARTICLE 20 - SEPARATION 20.1 Employees hauing a probationary or regular employment status shall be considered sepazated from employment based on the following actions: 20.1(1) Resignation Employees resigrung from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignarion. 20.1(2) Discharge As provided in Article 16. 20.1(3) Failure to Report for Duty As provided in Article 17. 20.2 Employees having a temporary or provisional employment status may be terminated at the discretion of the Employer before the completion of a normal work day. ARTICLE 21 - TOOLS 21.1 All employees shall personally provide themselves with all necessary hand tools. ARTICLE 22 - GRIEVANCE PROCEDURE 22.1 The Employer shall recognize the Stewazd selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the name of the Steward and of their successor when so named. 22.2 It is xecognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duries and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee du$es and responsibilities. The Stewazd involved aud 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 supervisox to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 223 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 163, for the processing of grievances, which aze defined as an alleged violation of the terms and conditions of this Agreement. �Z v�-�a�Y ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) 22.4 Grievances shall be resolved in conformance with the following proce@ure: Step 1 Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writiag and referred to Siep 2 by the Union. The written grievance shatl set forth the nature of the erievance, 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) calendaz days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had laiowledge of the frrst 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 unreso2ved, the Employer shall reply in writing to the Union within three (3) calendaz 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) calendaz days following receipt of the Employer's answer shall be considered waived. 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/het designated representative and attempt to resolve the grievance. Within seven (7) calendaz days following this meeting, the Employer shall reply in writing to the Union stating the Employer's answer 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 to in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shalI be considered waived. Step 4 If the grievance remains unresolved, the Union may withitt seven (7) calendaz days after the response of the Employer in Step 3, by written notice to the Employer, request azbitration 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) calendaz days after notice has been given. If the parties fail to mutually agree upon an azbitrator within the said seven (7) day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (lst) name; the Employer shali then strike one (1) name. The process will be repeated and the remaining person shall be the azbitrator. -10- a�-�a,y A.RTICLE 22 - GRIEVANCE PROCEDURE (Continued) 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbi�ator shall consider and decide only the specific issue submitted in wrifing 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 azbitrator's decision shall be submitted in writing within thiriy(30) days following close of the hearing or the submission of briefs of the parties, whichever be later, unless the parties agree to an eactension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agzeement 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 bome 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. ARTICLE 23 - RIGHT OF SUBCONTRACT 23.1 The Employer may, at any time during the dttration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reducrion of the work force covered by this Agreement, the Employer shall give the Union a sixty (60) calendaz day notice of the intention to subcontract. 23.2 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 14013. ARTICLE 24 - NONDISCRIMINATION 24.1 The terms and conditions of this Agreement will be applied to employees equally without regard to, or disciimination for or against, any individual because of race, color, creed, sex, age, or because of inembership or non-membership in the Union. 24.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duries and responsibilities involve other employees and the general public. -11- � �-�D �� ARTICLE 25 - SEVERABILITY 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislarive, administrative, or judicial authority from whose finding, deteLmination, or decree no appeal is taken, such provision(s) shall be voided. AIl 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, adnunistrative, or judicial determinafion. ARTICLE 26 - WAIVER 26.1 The Employer and the Union aclaiowledge that during the meeting and negofiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right 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 conditions of employment whether specifically covered or not specifically covered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 263 Any aad all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regazding the terms and conditions of employment, to the eatent they are inconsistent with this Agreement, aze hereby superseded. ARTICLE 27 - CITY MILEAGE PLAN 271 Automobile Reimbursement Authorized: Pursuant to Chapter 33 ofthe Saint Paul Legislative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions aze adopted. 27.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. Type 1 If an employee is required to use his/her own automobile OCCASIONALLY during employment the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative deteimines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be rennbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. -12- a5�-- /o�y ARTICLE 27 - CITY MILEAGE PLAN (Continued) Type 2 If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the departinent head or designated representarive deteimines that an employer vehicle is availabie for the employee's use but the employee desires to use his/her own automobile, then the employee shall be rennbursed at the rate of $.20 per mile driven and shall not be eligible for any pez diem. 273 The City will provide parking at a location and manner of the employer's choice within a reasonable distance of the work site for City employees on either of the above mentioned types of reimbursement plans who are required to haue their personal car available for City business. Such pazlang will be provided only for the days the employee is required to have his or her own personal car available. 27.4 Rules and Regulations: The Mayor sha11 adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating xniles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the City Clerk. 27.5 Effective January 1, 2005, employees of this bazgaining unit shall receive the current IRS mileage reimbursement rate. All other mileage reunbursement plans referenced in Article 27 shall not apply. ARTICLE 28 - UNIFORM ALLOWANCE 28.1 A uniform allowance base of flvree hundred and fifty-five dollars ($355.00) as a clothing allowance on a voucher system is established for 1986 for all inspectional employees of the Fire Prevention Division of the Saint Paul Depazhnent of Fire and Safety Services covered by this Agreement. Items covered by this clothing allowance shall be defined by the Employer. -13- by-/o� 9 ARTICLE 29 - DURATION AND PLEDGE 29.1 This Agreement shall become effective as of the date of signing, except as specifically provided otherwise in Articles 11 and 12, and shall remain in effect through the 30th day of April, 2007, and continue in effect from yeaz 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 trris Agreement, effective as of the date of expiration, the party wishing to modify or texminate the Agreement shall 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 modified effective as of the expiration date. 29.3 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances concerning its applicarion or interpretarion may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 29.3(1) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, will fully absent themselves from work, stop work, slow down their wark, or absent themselves in whole ar part from the full, faithful performance of their duties of employment. 293(2) The Employer will not engage in, instigate, or condone any lock-out of employees. 293(3) This constitutes a tentative agreement between the pazties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City, and is also subject to ratification by the Union. Agreed to this s th day of November, 2004, and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representative for the Employer and the Union: WITNESSES City of Saint Paul J es Vollmer Human Resource Specialist �� S�-O � Date �� J on Schmidt Labor Relations Manager , Date Lakes and Plains Regional Council of Carpen ers and iners cott Malcom Business Manager Kodak ds digilalscience° � / � _ �i� .� �a� -14- Dy-la� y APPENDIX A The ciasses of positions recognized by the Employer as being exclusively represented by the Union are as follows: Carpenter Carpenter-Foreman Building Inspector Building Inspector (Carpenter, Plasterer, Lather) Senior Building Inspector and other classes which may be established by the Employer where both parties agree that the newly established classes should be represented by the Union. In the event that the parties cannot agree, the issue shall be determined by the State Bureau of Mediation Services. - Al - �APPENDIX B �'/�79 1. The basic hourly wage rate for temporary employees and union-benefitted employees appointed to the following class of positions who are not participating in PERA shall be: 2. Carpenter Carpenter Foreman Building Inspector lst Step 2nd Step 3rd Step Senior Building Inspector Effective Effective 5/15/04 5/1/OS (or closest payperiod) $29.88* $*'�* $31.63* $*** $29.88* $*** $31.63* $*** $36.12* $*** $39.63* $*** * This rate inciudes a tasable vacation/dues contribution of $2.01. Effective 5/1/06lor closest p�eriod� $�*** $*�** $*:x*� $*++�: $**** $**�� The basic hourly wage rate for union-benefitted employees appointed to the following class of positions who are participating in PERA: Effective Effective 5/15/04 5/1/OS(or closest nayperiod� $28.31* $*** $29.97* $*** $2831* $*** $29.97* $*** $34.23* $*** $37.55* $*** Carpenter Carpenter Foreman Building Inspector lst Step 2nd Step 3rd Step Senior Building Inspector * This rate includes a taxable vacation/dues contribution of $2.01 Effective 5/1/06 or closest �aweriodl g**** g**m* $***� $:�:��+ $�*** $++** -Bl- o �f-�o 19 APPENDIX B (Continued) Note: Effecfive 1/1/02 the State of Minnesota increased this rate to 5.53%. This rate is subject to further increase or decrease by the State of Minnesota. ***Effective May 1, 2005(or closest payperiod) an additional$1.55 per hour increase will be added to the total package. The parties will agree prior to that date regazding the dishibution of the $1.SSbetween wages and fringes. ****Effective May 1, 2006 (or closest payperiod) an add%tional $1.50 per hour increase will be added to the total package. The parties will agree prior to that date regarding the distribution of the $1.50 between wages and fringes. All Building Inspectors shall be paid the appropriate step in accordance with Article 11.2 of the collective bazgaining agreement. If the Union elects to have the conhibutions listed in Appendix C inereased or decreased, the Employer may adjust the above applicable rates for participating employees in such a way that the total cost of the package (wage rate plus conhibution) remains constant. � 05�-/D7 f APPENDIX C Effective May 15, 2004 the Employer shall: (1) contribute to a Union designated Health , Welfare and Dental Fund $4.83 per hour for all hours worked by "participating employees," as defined in Articles 113, 11.4 and 11.5, of this Agreement. (2) contribute to a Defined Benefit Pension Fund $4.00 per hour for all hours worked by "participating employees." (3) contribute to a Defined Contribution Pension Fund $1.00 per hour for all hours worked by "participating employees". (4) contribute to a Vacation Fund $2.01 per hour for all hours worked by "participating employees." A payroll deduction in this amount shall be made from the hourly rates listed in Appendix B. (5) contribute to an Apprenticeship Training Fund $.33 per hour for all hours worked by "participating employees." Kodak ds digilalscience° � - Cl