04-639Council File # �' �3 1
Green Sheet #_3018337
RESOLUTION
SAINT PAUL, MINNESOTA
Presented b;
Referred To
1
2
3
0
Committee Date
RESOLVED, that the Council of the City of Saint Paul hereby approves and ratafies the attached
May 1, 2004 through Apri130, 2007 Maintenance Labar Agreement between the City of Saint Paul and the
Bricklayers & Allied Craftworkers Local Union No. 1 of Minnesota.
Yeas Na s Absent
Benanav 1 /
Bostrom �/
Harris ,/
Helgen ,/
Lantry ,/
Montgomery �/
Thune �/
Adopted by Council: Date /�_
Adoption Certified by Council Secretary
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Requested by Department oE
Office of Human Resourc
By: � � �
Form Approved �y City
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Appro�/ed y ayor for Subrn�
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Appxoved �''} fayor: �'Da1e �
By: wG�'-y,L�L.�.e
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
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Department/officeJcouneil: Date Initiated:
Hu — Humangesoarccc 11JUN-04 Green Sheet NO: 3018337
Contact Person 8 Phone:
Jason Schmidt
266-6503
Must Be on Coundl Aaen
y
Assign
Number
For
Routing
Order
Depat6neM SentTOPerson �nmauuate
0 uman arc
1 umaoR urces De ar[mentDirector �
2 m
3 a or's O e Ma or/ i tant
4 o ci
5 � Clerk Ci Clerk
Total # of Signature Pages _(Clip NI Locations for Signature)
Action Requested:
Approval of the attached May 1, 2004 through Apri130, 2007 Maintenance Labor Agreement between the City of Saint Paul and the
Bricklayers & Allied Craftworkers Local Union No. 1 of Minnesota.
idations: Approve (A) or Reject (R):
Planning Commission �
CI8 Committee
Civil Service Commission , _
Must Mswer the Foilowing Questions:
1. Has this person/firtn ever worked under a contract for this department?
Yes No
2. Has this person/flrm ever been a city_empioyee?
Yes No -
3. Doss this personlfirm possess a skill not norznally possessed by any
curtent city employee?
Yes No
Expiain all yes answers on separate sheet and attach to 9�en sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The current agreement �pired on Apri130, 2004.
� !��^:��r„h f°,
Advantages If Approved:
An agreement in place through Apri130, 2007.
DisadvanWges IfApproved:
None
DisadvantageslfNotApproved;
No agreement in place.
Total Amount of
Transaction:
Funding Source:
CosHRevenue Budgeted:
Activity Number:
Fi�ancial Infottnation:
(Explain)
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ATTACHMENT TO THE GREEN SHEET
MAINTENANCE LABOR AGREEMENT WITH
THE BRICKLAYERS & ALLIED CRAFTWORKERS
LOCAL iTNION NO.1 OF NIINNESOTA
Below is a siumnary of the changes in the Maintenance Labor Agreement between the City of
Saint Paul and the Bricklayers & Allied Craftworkers Local Union No. 1 of Minnesota.
Duration•
May 1, 2004 through Apri130, 2007.
Wages:
The City agreed to the prevailing wage rate.
Work Schedules
Agreed to language allowing far flexibility in work schedules for the purposes of attending
training, seminars or conferences. Also agreed to the use of FLSA overtime language when
flexible scheduling is implemented.
Milea¢e:
Agreed to language allowing for flexibility in parking locations for employees.
Steu Increases
Agreed to language that clarifies movement to each step of the Masonry Inspector classification.
Went to a set dollar amount of $1.75 above the step 2 rate eliminating an old and cumbersome
method of rate detezmination.
Civil Service Rules
Union agreed to eliminate Civil Service Rules.
LanEUaEe•
Deleted obsolete language relating to PERA. There are no longer any members of this bargaining
� participating in PERA.
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� � � _ MA�' 1, 2004 - APKIL 30, 2007 � � � � �
iViAIlVTENA�iCE LABOR AGREEMENT.
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INDEX
ARTICLE TTTLE PAGE
Preamble ................................................................. ii
1 Purpose .................................................................. 1
2 Recognition .............................................................. 1
3 Employer Rights .......................................................... 1
4 Union Rights .............................................................. 1
5 Scope ofthe Agreement ..................................................... 2
6 Probarionary Periods ....................................................... 2
� HoursofWork ............................................................ 3
8 Overtime ................................................................. 3
9 Call Back/Ca11In .......................................................... 4
10 Work Location ............................................................ 4
11 Wages ................................................................... 4
12 Fringe Benefit ............................................................. 5
13 Holidays ................................................................. 5
14 Disciplinary Procedures ..................................................... 5
15 AbsencesFrom Work ...................................................... 6
16 Seniority ................................................................. 6
17 7urisdiction ............................................................... 7
18 Sepazation ...................................................�............. 7
19 Tools .................................................................... 7
20 � Grievance Procedure ....................................................... 8
21 RightofSubcontract .......................................................
22 Nondiscrimination ........................................................
23 Severability ............................................................. 10
24 Waiver ................................................................. 10
25 City Mileage Plan ......................................................... il
26 Duration and Piedge ....................................................... 11
Appendix .............................................................'A
AppendiY ............................................................. B1
Appendi�f C ............................................................. C1
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PREAMBLE
Ttris Agreement is entered into between the City of Saint Paul, hereinafter referred to as the
Employer and the Bricklayers and Allied Craf3workers Local No.1 of Minnesota hereinafter referred to as the
Union.
The Employer and the Union concur that this Agreement has as its objecrive the promotion of the
xesponsibilities of the City of Saint Paul for the benefit of the general public through effective labor management
cooperation.
The Employer and the Union both realize that this goal depends not only on the words in the
Agreement but rather primarily on attitudes between people at all levels of responsibility. Construcrive attitudes of
the Employer, the Union, and the individual employees will best serve the needs of the general public.
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ARTICLE 1- PURPOSE
I.1 The Employer and the Union agree thaf the purpose for entering into this Aa eement is to: --
i.l(1) Achieve orderly and peaceful relatidns; theieby"estabTishing a system of uninterrupted bperations
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
interQretation of this Agreement without loss of productiviry.
1.2 The Employer and the Union agree that trus Agreement serves as a supplement to legislation that creates
and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shall
prevail. The parties, on written notice, agree to negofiate that part in conflict so that it conforms to the
statute as provided by Article 23 (SEVERABILITI�.
ARTICLE 2 - RECOGI�TITION ___ . .
2.1 The Employer recognizes the Union as the exclusive representative for collecrive bazgaining 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 Nfediation Services in
accordauce vrith Case No. 73-PR-537-A dated 7une 4,1973.
ARTICLE 3 - EMPLOYER RIGHTS
3.1 The Employer retains the right to operate and manage all pecsonnel, £acilities, and equipment; to establish
functions and programs; to set and amend budgets; to determine the utilization of technology; to establish
and modify the organizational structure; to select, direct, and deterniine the number of personnel; and to
perform any inherent managerial function not specifically limited by this Agreement.
3.2 Any "term or condition of employment" not established by this Agreement shall remain with the Employer
to eliminate, modify, ar establish following written notification to the Union.
ARTICLE 4 - iTNION RIGHTS
4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in wrifing an
amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the
Union.
4.1(1) The Empioyer shall not deduct dues from fihe wages of employees covered by this Agreement for
any other labor organization.
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ARTICLE 4 - ITNION RIGHTS (Continued)
4.1(2) The Union shall indemnify and saue harmless the Employer from any and all claims or chazges
made against the Employer as a result of the implementalion of this ARTICLE.
4.2 The Union may designate one (1) employee from the bargauring unit to act as a Stewazd and shall inform
the Employer in writing of such designation. Such employee shall have the right and responsibilities as
designated in Article 20 (GRIEVANCE PROCEDURE).
4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his
designated representative shall be permitted to enter the faciliries of the Employer where employees
covered by this Agreement aze worldng.
ARTICLE 5- SCOPE OF THE AGREEMENT
5.1 This Agreement established the "tetms and conditions of employment" defined by 1vI. S. 179.63,
Subdivision 18 for all employees exciusively represented by the Union. This Agreement shall supersede
such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance and
Council Resolution.
5.2 Effective 5/1/04 employees represented by tbis Union aze not subject to nor do they have any
rights under the Saint Paul Civil Service Rules.
ARTICLE 6 - PROBATIONARY PERIODS
6.1 All personnel, originally hired or rehired followittg sepazation, in a regulaz employment status shall serve a
six (6) month probationary period during which time the employee's fitness and ability to perform the
position's duties and responsibilities shall be evaluated.
6.1(1) At any time during the probationary period an employee may be terminated at the discietion of the
Employer without appeal to the provisions of Article 20 (GRIEVANCE PROCEDURE).
6.1(2) An emgloyee terminated during the probationary period shall receive a written notice of the
reason(s) for such termination, a copy of which shall be sent to the Union.
62 All personnel promoted to a higher class shall serve a six (6) month promotional probationary period
during which time the employee's fitness and ability to perform the position`s dufies and responsibilities
sl�all be evaluated.
6.2(1) At any time during the promotional pmbationary period au employee may be demoted to the
employee's previously hetd class at the discretion of the Employer without appeal to the provisions
of Article 20 (GRIEVANCE PROCEDURE).
62.2 An employee demoted duriug the promotional gmbafionary period sha11 be retumed #o the
employee's previously held class and shall receive a written notice of the reasons for demotion, a
copy of which shall be sent to the Union.
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ARTICLE 7- HOURS OF WORK
7.1 The normal work day sha11 be eight (8) consecutive hours per day, e:tcluding a thir[y (30) minute lunch
period between the hours of 7:00 a.m. and 5:30 p.m. _
7.2 The normal wotk week shall be five (5) consecutive normal wotk days Monday through Friday.
73 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and
third shifts or a work week of other than Monday through Friday, the Union agrees to enter into
negotiations immediately To establish the conditions of such shifts and/or work weeks.
7.4 This section shail not be construed as, and is not a guazantee 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 location untii 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 II�.
7.7 Employees reporting for work at the established starting tixne and for whom no work is available shall
receive pay for two (2) hours, at the basic-houFly rate;-unless notification has been given not to report for
woik priot to leaving home, or during the grevious work day.
7.8 Notwithstanding Secrions 7.1 through 7.3, employees may, through mutual agreement with the Employer, _
for the purpose of attending seminars, conferences or tcaining, work schedules other than schedules limited
by the normal work day'and work week as set forth in Sections 7.1, 7.2 and 7.3.
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 appxoved in
advance. An overtixne claim will not be honored, even though shown on the timecazd, 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) Time worked in excess of foriy (40) hours in a seven (7) day period.
8.2(3) Overtime compensation for employees working under such agreements as stated in Article 7
secflon 8 of this collective bargaining agreement shall be subject to the provisions of the Fair Labor
Standazds Act.
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 as
determined by the Employer.
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ARTICLE 9- CALL BACK/CALL IN
9.1 The Employer retains the right to cail back/call in employeesbefore an employee has started a norinal work
day or normal work week and after an employee has completed a normal work day or normai work week.
9.2 Bmployees called in or called back shalt receive a minimum of four (4) hours straight time pay at the basic
hourly rate or shall be compensated in accordance with Article 8(OVERTIlVIE), when applicable,
whichever is greater.
9.2(1} Notwithstanding Article 9.2, employees called in four (4) hours or less prior to their normal work
day shall complete the narmal work day and be compensated only for overtime hours_worked in
accordance witli Article 8 (OVERTIME). - -
ARTICLE 10 - WORK LOCATION
10.1 Employees sha11 report to work location as assigned by a designated EmpIoyer supervisor. During the
normal work day employees may be assigned to other work locations at the discretion of the Employer.
ARTICLE 11 - WAGES
11.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an
employee. No retroactive payment shall be made to any employee who has terminated his/her employment
prior to signing of the new Agreement.
112 Regulaz, provisional and temporary employees shall be compensated in accordance with Article 11.1
(WAGES) and have fringe benefit contributions and/or deductions made in their behalf as provided for by
Article 12 (FRINGE BENEFITS).
113 Participating employees shall use all vacation that they have eamed and aze eligible for as outlined in the
Brickiayers and Allied Craftworkers Local Uruon No. 1 of Minnesota Regular Vacation and Holiday &
Reserve Trust Plan Documents.
I 1.4 Employees covered by this agreement are ttot eligible to participate in the Public Employee Retirement
Association (PERA) plau �cept for those employees hired prior to May 1, 2001 who elected to remain
under tlze PERA plan pursuant to Section 353.01 subd. 2b(19) of the Minnesota Statutes.
11.5 The salary for employees covered by this agreement in the classification of Masonry Inspector shall be in
three steps. The first step shall be tfie entry level step. The second step shall be paid to those who
successfully complete 2Q80 hrs of work paid and successfully complete 9 credits in Building Inspecrion
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. The tt�ird step shall be paid to those
who successfizlly complete an additiona14160 hours of work paid at the step 2 Ievel and successfully
complete 24 credits in Building Inspection Technology as provided at an accredited community college
or vocational school and attain Class II Building Official Certifi.cation. Should the contract provisions
conflict with the Satary Pian, the lanb age of the contract shall supercede/replace the conflicting
langua�e of the Salary Plan.
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ARTICLE 12 - FRINGE BENEFITS
12.1 The Employer shall make contributions on behalf of and/or make deductions from the wages of empioyees
covered by ttus Agreement in accordance with Appendix C for all fiours worked.
AR'ITCLE 13 - HOLIDAYS
13.1 The following ten (10) days shall be designated as holidays:
New Year's Day, January 1
Martin Luther King Day, third Monday in 7anuary
Presidents' Day, third Monday in February
Memorial Day, last Monday in May
Independence Day, 7uly 4
Labor Day, ficst Monday in September =_
Veterans' Day, November 11
Thanksgiving Day, fourth Thursday in November
Day After Thanksgiving, fourth Friday in November
Christmas Day, December 25
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13.2 When New Yeaz's Day, Independence Day or Christmas Day falls on a Sunday, the foilowingIvfonday -�
shall be considered the designated holiday: When any of these three (3) holidays falls on a Saturday, the
preceding Friday shall be considered the designated holiday. . .
13.3 The ten (10) holidays shall be considered non-work days.
13.4 ff, in the judgment of the Employer, personnel are necessary for operating or emergency reasons,
employees may be scheduled or "called in or called back" in accordance rvith Article 9(CALL
BACK/CALL Il�.
13.5 Employees assigned to work on Martin Luther King Day, Presidents' Day, Veterans' Day or the Day After
Thanksgiving shall be compensated on a straight time basis for such hours worked.
I3.6 Employees assigned to work on New Yeaz's Day,lvlemorial Day, Independence Day, Labor Day,
Thanksgiving Day or Christmas Day shall be compensated at the rate of tv✓o (2) times the basic hourly rate
for such houxs worked.
ARTICLE 14 - DISCIPLINARY PROCEDURES
14.1
14.2
The Employer shall have the right to impose disciplinary actions on employees for just cause.
Disciplinary actions by the Employer shall include oniy the following actions:
14.2(i) Oral reprimand.
14.2(2) Written reprimand.
14.2(3) Suspension.
14.2(4) Demotion.
14.2(5) Discharge.
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ARTICLE 15 - ABSENCES F'ROM WORK
I5.1 Employees who aze unable to report for their normal work day have the responsibility to notify their, _
supervisor of such absence as soon as possibte, but in no event lafer than f€xe beginning of such work day..
152 Failure to make such notification may be ground for discipline as provided in Article 14 (DISCIPLINARY
PROCEDURES}.
153 Failure to report for work without notification for three (3) consecutive normal work days may be
considered a"quit" by the Employer on the part of the employee.
ARTICLE 16 - SENIORTTY
16.1 Seniority, for the purpose of this Agreement, shail be defined as follows:
16.1(1) "Master Seniority" - the length ofcontinuous regular and probationary service with the
Employer from the last date of employment in any and all class titles covered by this
Agreement. — - —
16.1(2) "Class Seniority" - The length of continuous regulaz and probationary service with the
Employer from the date an employee was first appointed to a class title covered by this
Agreement.
162 Seniority shall not accumulate during an unpaid leave of absence, except when such a Ieave is granted for a
period of less than thirty {30) calendar days; is granted because of illness or injury; is ganted 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.
163 Seniority shall terminate when an employee retires, resigns, or is dischazged.
16.4 In the event it is determined 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 managemant's
intettt that permanent employees will he laid offby class title wittiin each Department based on inverse
length of "Class Seniority." However, management reserves the right to institute layoffs out of seniority
order for legitimate business reasons. The Union will receive written notification of the legitimate
business reason. ManagemenY s elcercise of this right shall not be azbitrary or capriciaus. 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 20. Upon request, the parties agree to "meet and confer" to discuss aay out of
order layoff. This Article shall not be used in place of Article 14 (Disciplinary Procedures) to discharge
employees.
16.5 The selection of vacation periods shall be made by class title based on length of "Class Senioriry", subject
to the approval of the Employer.
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ARTICLE 17 - JURISDICTION
17.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject
to determination by the various unions representing employees of_the Employer. _--.-
172 The Employer agrees to be guided in the assignment of work jurisdiction by mutual agreements between
the unions invoived.
17.3 In the event of a dispute conceming the performance or assi�ment 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 Bmployer to accomplish the work as originally assigned pending resolution of the
dispute or to res�ict the Employer's basic right to assign work.
17.4 Any employee refusing to perform work assigned by the Employer and as clarified by Section 17.2 and
173 above shall be subject to disciplinary action as provided in Article 14 (DISCTPLINARY
PROCEDtiRES).
17.5 There shall be no work stoppage, slow down, or any disruption of work resuiting from.a work assignment.
ARTICLE 18 - SEPARATION
18.1 Employees having a probationary or regular employment-status shalI be cansidesed separated from _--_ ____ ___- __
employment based on the foliowing actions: _
18.1(1) Itesignation. Employees resigning from employment shall give written notice fourteen
(14) calendar days prior to the effective date of the resignarion.
18.1(2) Discharge. As provided in Article 14.
18.1(3) Failure to Report for Duty. As provided in Article 15.
18.2 Empioyees 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 19 - TOOLS
19.1 All employees shali personally provide themselves with all necessary hand tools.
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ARTICLE 20 - GRIEVANCE PROCEDURE
20.1 The Eznployer shall recognize the.Stewazd selected in accordance with Union rules and regulations as ttie
grievance representative of the bazgainir� unit The-Union shall nntify the Empioyer in writing of the .___ __.__
name of the Stewazd and of his/her successor when so named.
202 It is recognized and accepted by the Employer and the Union that the processing of grievances as
hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be
accomplished during worldng hours only when consistent with such employee duties and responsibilities.
The Stewazd involved and a grieving employee shall suffer no loss in pay when a grievance is processed
during woLking hours, provided, the Stewazd and the employee have notified and received the approval of
their supervisor to be absent to process a grievance and that such absence would not be detrimental to the
work programs of the Employer.
203 The procedure established by this ARTICLE shall be the sole and exclusive procedure for the processing of
grievances, which aze defined as an alleged violation of the terms and conditions of this Agreement
20.4 Grievances shall be resolved in conformance with the following procedure:
Step 1. Upon the occurrence of an alleged violation of trus Agieement, 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 zmployee's satisfaction by the informal discussion it may be reduced to writing and
referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance,
the facts on which it is based, the alleged section(s) of the Agieement violated, and the relief __
requested. Any alleged violation of the Agieement not reduced to writing by the Union wiUun
seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the
use of reasonable diligence should fiave had imowledge of the first occurrence of ttie event giving
rise to the grievance, shall be considered waived.
Step 2. Within seven (7) catendar days atter receiving the written grievance a designated Employer
Supervisar shall meet with the Union Stewazd and attempt to resolve the grievance. If, as a result
of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union
within three (3) calendar days following this meeting.
The Union may refer the griavance in writing to Step 3 withirs seven {7) calendar days
following receipt of the Employer's written answer. Any grievance not referred in writing
by the Union within seven (7) calendar days foilowing 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 designated representative
and attempt to resolve the grievance. Within seven (7} calendar days following this meeting the
Employer sfia11 reply in writing to the Union stafing the Employer's answer concercring 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 witbin
seven (7J calendar days foltowing receipt of the Employer`s answer shall be considered waived.
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ARTICLE 2� - GRIEVANCE PROCEDURE (Continued)
Step 4. If the grievance remains unresolved, the Union may within seven (Z) calendar days after the
response of the Employer in Step 3, by written notice to the Employer, request arbitration of the
grievance. The azbitration ptoceedings shall be conducted by an arbit�atot to be selected by mutual
agreement of the Employer and the Union within seven (7) calendar days after notice has been
given. If the parties fail to mutually agree upon an arbiirator within the said seven (7) day period,
either party may request the Buteau of Mediation Services to submit a panel of five (5) azbitratozs.
Both the Employer and the Union shall have the right to strike two (2) names from the panel. The
Union sl�all strike the first (lst) name; the Employer shall then shike one (1) name. The process
will be repeated and the remaining person shall be the arbitrator. ._.
20.5 The azbiirator shall have no right to amend, modify, nutlify, ignore, add to, or subtract from the provisions
of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by
the Employer and the Union and shall have no authority to make a decision on any other issue not so .
submitted. Ttie azbitrator shall he without powet to make decisions contrary to or inconsistent with or
modifying or varying in any way the application of laws, rules or regularions having the force and efFect of
law. - _ _
The arbitrator's decision shall be submitted in writing within thiriy (30) days following olose of the hearing
or the submission of briefs by the parties, whichever be later, unless the partias agree to an extension. The
decision shall be based solely on the.azbitrator's intexpretation or_ appli.cation of the express terms of this _____
Agreement and to the facts of the grievance presented. The decision of the azbitrator shall be final and
binding on the Empioyer, the Union and the employees.
20.6 The fees and e�enses for the arbitratox's services and proceedings shall be borne equally by the Employer
and the Union, provided that each p.arty shail be responsible for compensating its own representative and
witnesses. If either party desixes a verbatim record of the proceedings, it may cause such a record to be
made providing it pays for the record.
20.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and
the Union.
ARTICLE 21- RIGHT OF SUBCONTRACT
21.1 The Employet may, at any time during the duTation of this Agreement, contract out work done by the
employees covered by this Agreement. In the event that such contracting would result in a reduction of the
work force covered by this Agreement, the Employer shall give the Union a sisty (60) calendar day notice
of the intention to subcontract.
21.2 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 No. 14013.
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ARTICLE 22 - NONDISCRIlYIINATION
22.1 _ The terms and conditions of this Agreement will be applied to. employees equally without regazd to, or, _.
discrimination for or against, any tndividuaI.because of race, color,_creed, sex, age, disability, or because of
membership or non-membership in the Uniott.
22.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duties and
responsibilities involve other employees and the general publia _
ARTICLE 23 - SEVERABILITY -
23.1 In the event that any provision(s) of this Agreement is declazed to be contrary to law by proper legislative,
administrative, or judicial authority from whose findiug, determination, or decree no agpeal is taken, such
provision(s) shall be voided. A11 other provisions shall continue in full force and effect
23.2 The parties agree to, upon written notice, ertter into negotiations to place the voided provisions of the
Agreement in compliance with the legislative, administrative, or judicial determination.
ARTICLE 24 - WANER
24.1 T'he Employer and the Union acknowledge tfiat during tfie meeting and negofiafing which resulted in tius
Agieement, each had the right and opporhmity to make proposals with respect to any subj ect concexning
the terms and conditions of employment. The agreements and understandings reached by the parties after
the exercise of trus right are fully and completely set forth in this Agreement.
24.2 Therefoxe, the Employer and the Union for the duration of this Agreement agree that the other parry shall
not be obligated to meet and negotiate over any term or conditions of employment whether specifically
coveted or not specifically covered by this Agreement. The Union and Employer may, however, mutually
agree to modify any provision of this Agreement.
243 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding
the terms and conditions of employment, to the e�ent they aze inconsistent with this Agreement, aze hereby
superseded.
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�`� 63g
ARTICLE 25 - CITY MII.EAGE
25.1 Automobile Reimbutsement Authorized: Chapter 33 of the Saint Paul Administrative code shall be
superceded for members of tlus bargaining unit by this article.
25.2 Method of Computation: To be eligible for such reunbursement, all officers and employees must receive
written authorization from the Deparlment Head.
When an employee is required to use his/her personal automobile to conduct authorized City business, the
City shall reimburse the employee at the then current Federal I.R.S. mileage reunbursement rate on the
most ditect Loute.
253 The City will provide pazking at a location and manner of the employer's choice within a reasonable
distance of the work site for City employees on the above mentioned types of reimbursement pians who aze
required to have their personal car available for City business. Such parking will be provided only for the
days the employee is required to have his or her own personal car available.
ARTICLE 26 - DURATION AND PLEDGE
26.1 This Agreement shall become effective as of the date of signing, except as specifically provided otherwise
in ArEicles i 1 and 12, and shall remain in effect through the 30th day of April, 2004 and continue in effect
from year to year thereafter unless notice to change ox to terminate is given in the manner provided in 26.2.
26.2 If either party desires to terminate or modify this Agreement, the pariy wishing to modify or terminate 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. The Agreement may only be so terminated or modified effective
as of the expiration date.
263 In consideration of the terms and conditions of employment established by this Agreement and the
recognition that the grievance pxocedure herein established is the means by which grievances concerning its
application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of
the Agreement:
263(1) The Union and the employees will not engage in, insrigate, or condone any concerted action
in which employees fail to report for duty, willfully absent themselves from work, stop
work, slow down their work, or absent themselves in whole or part from the full, faithful
performance of their duties of employment.
263(2) T'he Employer will not engage in, instigate, or condone any lock-out of employees.
253(3) This constitutes a tentative agreement between the parties which will be recommended by
the City Negotiator, but is subj ect to the approval of the Administration of the City, and is
also subject to ratification by the Union.
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oy-�3 �
ARTICLE 26 - DURATION AND PLEDGE (Continued)
AGREED to this ��day of June 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 representarive for the Employer and the Union.
WITNESSES:
CITY OF SAINT PAUL
James Vollmer
HR Specialist
ason Sch i '
Labor Relations Manager
BRICKLAYERS & ALLIED
CRAFTWORKERS LOCAL NO. 1 OF NIN
���.�� C�
Michael Cook
Vice PresidentBusiness Representative
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04-��
APPENDIX A
The classes of positions recognized by the Employer as being exclusively represented by the Union aze as
follows:
Bricklayer
Masonry Inspector
and other classes of positions that may be established by the Employer where the duties and responsibiliries
assigned are determined by the Bureau of Mediation Services to be appropriately represented by this bargaining
unit.
- A1 -
o�- 63q
., ��,:
a. The basic hourly wage rate for temporary, provisional, regular and probarionary employees not participatiug
in PERA appointed to the following classes of posirions shall be:
Effective OS/1104
Class Base Wage Taxable Rate: Base plus Vacarion
& Dues.
Bricklayer $27.48 $30.74
Bricklayer Foreman $30.48 $33.74
Masonry Inspector
lst step $27.48 $30.74
2nd step $30.48 $33.74
3rd step $32.23 $35.49
The rate of pay for Bricklayer Foreman and step 2 for Masonry Inspector shall be $3.00 per hour over the
Journeyman and step 1 rates respectively. The rate of pay for step 3 for Masonry Inspector shall be $1.75 per
hour over the step 2 rate.
Effective 5!1/OS (or closest payperiod) there will be an additional $1.55 added to the hourly total package from
which these wages and benefits are calculated. The parties will agree prior to that date as to the distribution of the
$1.55 increase among the wages and various fringes. This amount will be decxeased by any increase in
Promotional Funds.
Effective 5(1(06 (or closest payperiod) there will be an additional $1.55 added to the hourly total package from
which these wages and benefits are calculated. The parties will agree prior to that date as to the distribution of the
$1.55 increase among the wages and various fringes. This amount will be decreased by any increase in
Promotional Funds.
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APPENDIX C
Effective May 1, 2004 the Employer shall:
a. contribute to a Union designated Aealth and Welfare Fund $4.70 per hour for all hours worked by
employees covered by this Agreement.
b. contribute to a Local Pension �nd $4.20 per hour for all hours worked by employees covered by this
Agreement.
b. contribute to an International Union Pension Fund $1.25 per hour for all hours worked by employees
covered by this Ageement.
d. contribute to an Apprenticeship Training Fund $.30 per hour for all hours worked by employees covered by
this Agreement.
e. contribute to a Vacation Fund $2.24 per hour for all hours worked by employees covered by this Agreement.
This amount shall be in the form of a payroll deduction from the rates in Appendix B.
f. contribute to a Dues Fund 1.02 per hour for all hours worked by employees covered by this Agreement. This
amount shall be in the form of a payroll deduction from the rates in Appendix B.
The above contriburions may be increased ot decreased as long as the applicable hourly tates in Appendix B for
empioyees are decreased or increased by the same total amount.
All contributions made in accordance with this Appendix C shall be forwarded to depositories as directed by the
Union.
The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by
Minnesota Statutes.
With the exception of the usage of sick leave banked as a result of the 1994 Memorandum of Agreement,
employees covered by this Agreement shall not be eligible for, governed by, or accumulate vacation, sick leave,
holiday, funeral leave, jury duty, or insurance fr benefits that are or may be established by Personnel Rules,
Council Ordinance, or Council Resolufions.
The Employer's fringe benefit obligation is limited to the contributions and/or deductions established by this
Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the
various funds to which the Employer has forwarded coniriburions and/or deductions.
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