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.
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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 �
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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
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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:
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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Date
��
J on Schmidt
Labor Relations Manager
,
Date
Lakes and Plains Regional Council of
Carpen ers and iners
cott Malcom
Business Manager
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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.
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�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*
$***�
$:�:��+
$�***
$++**
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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.
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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."
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