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04-640Council File # ( �' �� Green Sheet # 3018957 RESOLUTION SAINT PAUL, MINNESOTA PresenTed Refesed To ro Committee Date 1 2 3 4 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached May 1, 2004 through Apri130, 2007 Maintenance Labor Agreement between the City of Saint Paul and the Operative Plasterers and Cement Masons Intemational Association, Local #633. Yeas Ben anav Bosiro Hams H Lanhy Ma Thi Ado� Ado� By: App� By: Requested by Department of: Office of Human Resources BS ,, r G d a�5� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenUOffieelwunai: Date Initiated: � HU �u� �ou� 22-JUN-04 Corrtaet Person 8 Phone: -- _ � Jason Schmidt � ��`� Assign 1 Must Be on Council Agenda by (Date): Number Z Por 3 Routing Order 4 5 Total # of Signature Pages _(Clip All Loeations for Signature) (�t•l+y� Green Sheet NO: 3018957 Denartment SentToPerson Initial/Date n u �� ��� man Resour De artment Direct r i tto a or's ece Ma o/Ass' nt o cil i uk i er y ..�.�,.. Approval of the attached May 1, 2004 through April 30, 2007 Maintenance Labor Agreement between the City of Saint Paul and the Operative Plasteteis and Cement Masons International Association, Loca1633. �dations: Approve (A) w Reject (R): - -- Personal Service Contrects Must Mswer the Following Questions: - - - �— - � - - - -- -- �--- - Planning Commission ___ ._____ -_- 1.-Has this person/firm ever worked under a contract for this departmenY? _ -- CIB Committee Yes No � Civil Service Commission �- - - 2. Has this personffirm ever been a city employee? - - � � Yes No - - 3. Does this person/firm possess a skill not normally possessed by any - - - - current city employee? , - - - Yes No --- �- - - - Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Contract expired on Apii130, 2004. - �p{B '� I Advanfages If Approved: There will be a contract in place through Apri130, 2007. DisadvanWges If Approved: None Disadvantages !f Moi Approved: Theie would be no agreement in place for 2004. Total Amount of Transaction: Funding Source: Financial infortnation: . (Explain) Cost/Revenue Budgeted: � � g ���"� Activib Number. " JUN 2 3 200� V� 1 i f"E i B��lV�� p�l- c,yo ATTACHMENT TO THE GREEN SHEET MAINTENANCE LABOR AGREEMENT WITH THE OPERATIVE PLASTERERS AND CEMENT MASONS INTERNATIONAL ASSOCIATION, LOCAL 633 Below is a sununary of the changes in the Maintenance Labor Agreement between the City of Saint Paul and the Operative Plasterers and Cement Masons Intemational Association, L,ocal 633. Durafion• May 1, 2004 through Apri130, 2007. Wages: The City agreed to the prevailing wage rate. Work Schedules Agreed to language allowing for flexibility in work schedules for the purposes of attending training, seminars ar conferences. Also agreed to the use of FLSA overtime language when flexible scheduling is implemented. Seniori Agreed to language allowing the City to institute layoffs out of seniority order for legitimate business reasons. Mileage• Agreed to utilizing the IRS reimbursement rate. Agreed to language allowing far City flexibility in providing parking for employees. Civil Service Rules Union agreed to eliminate Civil Service Rules. G:�Shared�I.RCOMMOIV�CONTRAC"I\CEMEN'I12004-200TCement grern sheet attachment.wpd � .; , � � �/-1 MAY 1, 2D04 TO APItIL 30, 2007 MAINTENANCE LABOR AGREEIVIENT � � � � �� -bef�eeri_- = . � -. � . . ' �. _ _ THE CITY O� S�INT F�ITL , 9 _ _ _ , � � � ' : = -and= � � � _ �_ � �PERATIVE PLASTERERS AND C�1VT�NT MASONS INTER1vAT�ONAL.AS�OCIATIQN, ItQCAI� 633` - oy-�4 0 , INDEX ARTICLE TTTLE PAGE .. Preamble ............................................................. ii 1 Purpose ................................................................1 2 Recognirion ............................................................1 3 Employer Rights ........................................................1 4 Union Rights ...........................................................1 5 Scope ofAgreement ......................................................2 6 Probationary Periods .....................................................2 7 Hoursof Work ..........................................................2 8 Overtime ..............................................................3 9 Ca1lBack/Ca11In ........................................................3 10 Work Location ..........................................................4 11 Wages .................................................................4 12 Fringe Benefits ..........................................................4 13 Holidays ...............................................................4 14 Disciplinary Procedures ...................................................5 15 AbsencesFrom Work ....................................................5 16 Seniority ...............................................................6 17 Jurisdiction .............................................................6 18 Separation .............................................................7 19 Tools .................................................................7 20 Grievance Procedure .................................................... 7 21 Rightof Subcontract .....................................................9 22 Nondiscrimination .......................................................9 23 Severability ............................................................9 24 Waiver ................................................................9 25 City Mileage ...........................................................10 26 Duration and Pledge .....................................................10 Appendix .......................................................... A1 Appendix .......................................................... B1 Appendix .......................................................... Cl Appendix .......................................................... D1 i oy-b4D , ` a T� o _ This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and Operative Plasterers' and Cement Masons' Intemational Association of the United States and Canada, Local 633, hereinafter referred.to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the City of Saint 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. Consh attitudes of the City, the Union, and the individual employees will best serve the needs of the general public. II ay -�o�(a ` �ARTICLE 1 - PURPOSE .-1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: l.l(1) Achieve orderly and peaceful relarions, 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 zates 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 tYus 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 nofice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 23 (SEVERABII.I'TY). ARTICLE 2 - RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representadve for collecrive bargaining purposes for all personnel having an employment status of regular, probationary, provisional and temporary employed in the classes of positions defined in Appendix A as certified by the Bureau of Mediarion Services in accordance with Case No. 73-PR-525-A dated May 22, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, facilities, and equipment; to establish funCrions and programs; to set and amend budgets; to determine the urilization of technology; to establish and modify the organizational structure; to select, diXect and determine the nuxnber of personnel; and to perform any inherent managerial function not specifically limited by this Agreement. 3.2 Any "term or condifion 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 RIGHTS 4.1 The Union may designate one (1} employee from the bazgaining unit to act as a Stewazd and shall inform the Employer in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 20 (GRIEVANCE PROCEDITRE). 4.2 Upon notificarion to a designated Employer supervisor, the Business Manager of the Union, or his/her designated representative shall be permitted to enter the facilities of the Employer where employees o4-�yo covered by this Agreement are worlang. ARTICLE 5- SCOPE OF THE AGREEMENT 51 Tlus Agreement established the "terms and condirions of employment" defined by M.S. 179.63, Subdivision 18 for all employees exclusively represented by the Union. This Agreement shail supersede such "terms and condirions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. 5.2 Effective May 1, 2004, employees represented by the Union are not subject to, nor have any rights under the Saint Paul Civil Service Rules. ARTICLE 6 - PROBATIONARY PERiODS 6.1 All personnel, originaliy hired or rehired following separation, in a regular employment status shall serve a six (6) month probationary period during which time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.1(1) At any rime during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 20 (GRIEVANCE PROCEDURE). 6.1(2) An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher class shall serve a six (6) month promotional probationary period during which time the employee's fitness and ability to perform the position's duties and responsibilities _ _ __ shall be ev_alu_ated. _ _ _ _ 6.2(1) At any time during the promotional probationary period an employee may be demoted to the employee's previously held class at the discretion of the Employer without appeal to the provisions -.- _ _ _ of Article 20 (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 shall be sent to the Union. ARTICLE 7- HOURS OF WORK 7.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute lunch period between the hours of 7:00 a.m. and 5:30 p.m. 7.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 7.3 Notwithstanding Article 7.1 and 7.2, employees may fluough mutual agreement with the Employer, for the purpose of attending seminars, conferences or training, work schedules other than schedules limited by the 2 c�4-�O�O �� normal work day and work week as set forth in Article 7.1 and 7.2. 7.4 This section shall not be construed as, and is not a guarantee of, any houts of wotk 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 are subject to ca11 back by the Employer as provided by Article 9(CALL BACK/CALL I1V). 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. ARTICLE 8 - OVERTIME 8.1 All overtime compensated by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim wiil not be honored, even though shown on the time card, 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 foilowing circumstances: 8.2(1) Time worked in excess of eight (8) hours in any one normal work day, and 8.2(2) Time worked on a sixth (6th) day following a normal work week. 8.2(3) Overtime compensation for employees working under an agreement stated in Article 73 shall be subject to the overtime provisions of the Fair Labor Standards Act. 83 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the following circumstances: 83(1) Time wotked on a holiday as defined in Article 13.6 (HOLIDAYS); 83(2) Time worked on a seventh (7th) day following a normal work week. 83(3) Overiime compensation for employees working under an agreement stated in Article 7.3 shall be subject to the overtime provisions of the Fair Labor Standards Act. 8.4 For the purposes of calculating overtisne compensation, overtime hours worked shall not be "pyramided" or compounded. Employees shall not be paid twice for the same hours. 8.5 Overtime hours worked as provided by this Article shall be paid in cash. 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 o�-t�lo 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 minnnum of four (4) hours straight time pay at the basic hourly rate or shall be compensated in accordance with Article 8(OVERTIIvIE), 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 normal work day and be compensated only for overtime hours worked in accordance with Article 8 (OVERTIlVIE). ARTICLE 10 - WORK LOCATION 10.1 Employees shall report to work location as assigned by a designated Employer Supervisor. During the normal work day employees may be assigned to other wotk locations at the disctetion of the Empioyer, 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 retroacfive payment shall be made to any employee who has terminated his/her employment prior to signing of the new Agreement. 11.2 Regulaz, Provisional and temporary employees shall be considered, for the purposes of this Agreement, "Participating Employees" and shall be compensated in accordance with Article I 1.1 (WAGES) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 12 (FRINGE BENEFITS). ARTICLE 12 - FRINGE BENEFITS 12.1 The Employex shall, for all hours worked, make contributions on behalf of andlor make deductions from the wages of "participating employees" covered by this Agreement in accordance with Appendix D. ARTICLE 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 January Presidents' Day, third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November 0 04 -loil D �� Day After Thanksgiving, fourth Friday in November Chrishnas Day, December 25 132 When New Year's Day, Independence Day or Chrishnas Day falls on a Sunday, the following Monday shall be considered the designated holiday. VJhen any of these three (3) holidays falls on a Sahuday, the preceding Friday shall be considered the designated holiday. 133 The ten (10) holidays shall be considered non-work days. 13.4 If, 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 with Article 9(CALL BACKICALL II�. 13.5 Participating Employees, as defined in Article 11.2, 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 hours worked. 13.6 Such Participating Employees assigned to work on New Year's Day, Memorial Day, Independence Day, L,abor 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 14 - DISCIPLINARY PROCEDURES 14.1 The Employer shall have the right to impose disciplinary actions on employees for just cause. 14.2 Disciplinary actions by the Employer shall include only the following actions: 14.2(1) Oral reprimand. 14.2(2) Written reprhnand. - - �t4�j3� -- Suspension. 14.2(4) Demotion. 14.2(5)- Discharge. _ _ _ ARTICLE 15 - ABSENCES FROM WORK 15.1 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 such work day. 15.2 Failure to make such notification may be grounds for discipline as provided in Article 14 (DISCIPLINARY PROCEDURES). 153 Failure to report for work without nofification for three (3) consecutive normal work days without notification to the Empioyer may be considered by the Employer to be a"quiY' on the part of the employee. • • �� " ARTICLE 16 - SENIORITY . 16.1 Seniority, for the purposes of this Agreement, shall be defined as foliows: 16.1(1) "Master Seniority" - The length of continuous regular and probationary sezvice with the Employer from the last date of employment in any and all class titles covered by this Agreement. 16.1(2) °Ciass Seniority" - The length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a class title covered by this Agreement. 16.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thiriy (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appoinhnent to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 16.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 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 perxnanent employees. Further, it is the Empioyer's intent that permanent employees will be laid off by class ritle within each department based on inverse length of "Class Seniority". However, the Employer reserves the right to institute layoffs out of seniority for legitimate business reasons. The Union shall receive written norification of the legitimate business reasons. The Employer'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 20 (Grievance Procedure.) Upon request, the parties agree to "meet and confer" to discuss any out- of-order layoff. This Article shali not be used in place of Article 14 (Disciplinary Procedures) to discharge employees. Employees laid off shall have the right to reinstatement in any previously held lower paid class title covered by this Agreement, provided such employee has greater "Class Seniority" than the employee -- being replaced, however such reinstatement shall be subject to the out-of-order layoffprovisions stated above. 16.5 The selection of vacation periods shall be made by class ritle based on length of "Class Seniority", subject to the appxoval of the Employer. ARTICLE 17 - JURISDICTION 17.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of the Employer. 17.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 173 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute, or to restrict the Employer's basic right to assign work. OY-�yo _ 17.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 17.2 and 17.3 above shall be subject to disciplinary action as provided in Article 14 (DISCIPLINARY PROCEDURES). 17.5 There shall be no work stoppage, slow down, or any disruprion of work resulring from a work assignment. ARTICLE 18 - SEPARATION 18.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the foilowing actions: 18.1(1) Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 18.1(2) Discharge. As provided in Article 14. 18.1(3) Failure to Report for Duty. As provided in Article 15. 18.2 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 19 - TOOLS 19.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. ARTICLE 20 - G12IEVANCE PROCEDZTRE - 20.1 The employer shall recognize the Steward 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 Stewazd and of his/her successor when so determined. 20.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereina8er provided is limited by the job dufies and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibiliries. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance, and that such absence would not be detrimental to the work programs of the Employer. 20.3 The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violarion of the terms and conditions of this Agreement. 20.4 Grievances shall be resolved in conformance with the following procedure: 7 o'�-lo�f0 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 writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union and submitted to the Employer within seven (7) calendar days of the first occurrence of the event giving rise to the grievance, shail be considered waived. The first occurrence shall be either the actual date of the occurrence or the date by which; Uuough the exercise of reasonable diligence, the Union should have Irnown of the alleged violation. Step 2: Within seven (7) calendaz days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not refened 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 refened 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) 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 reduced to wrifing by the Union and submitted to the Employer within seven (7) calendar days following receipt of the Employer's answer shall be waived. Step 4: If after seven (7) calendar days following the response of the Employer in Step 3 the grievance remains unresolved, the Union, through written nofice to the Employer, may request arbitration of the grievance. The arbitration proceedings shall be conducted by an azbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) azbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1 st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 20.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement: The azbitrator shall consider and decide only the specific issue submiited 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 arbitrator's decision shall be submitted in writing within thirry (30) days following close of the hearing or the submission ofbriefs by the parties, whichever be later, unless the parties agree to an extension. T'he decision shall be based solely on the arbitrator's interpretation or application of the express 0 04.�� terms of this AGREEMENT and to the £acts of the grievance presented. The decision of the azbitrator shall be finai and binding on the Employer, the Union and the employees. 20.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Bmployer 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. 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 Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction of the work force covered by this Agreement, the Employer shall give the Union a ninety (90) 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 empioyers who qualify in accordance with Ordinance I3o. 14013. ARTICLE 22 - NONDISCRIMINATION 22.1 The terms and conditions of this Agreement will be applied to employees equally without regard to, or discriminarion for or against, any individual because of race, color, creed, sex, age, disabiliiy, or because of membership or non-membership in the IJNION. 22.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duties and " responsibilities involve other employees and the general public. ARTICLE 23 - SEVERABILITY 23.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative, or judicial authority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 232 The parties agree to, upon written norice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative, or judicial determination. ARTICLE 24 - WAIVER 24.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fuliy and completely set forth in this Agreement. C�#-!o`#p '�24.2 The Employer and the Union agree, for the duration of this Agreement, that the other party shall not be obligated to meet and negotiate oves any term oi conditions of employxnent whether specifically covered or _. not specifically covered by this Agreement. The Union and Employer may, however, mutualfy 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 extent they are inconsistent with this Agreement, aze hereby superseded. ARTICLE 25 - CITY MII.EAGE 25.1 Automobile Reimbnrsement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertauung to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 25.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Depariment 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 current Federal I.R.S. mileage reimbursement rate on the most direct route. 253 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 who are required to have their personal caz available for City business. Such pazldng will be provided only for the days the employee is required to have his or her own personal car available. 25.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement. Such regulations and rules shall contain the requirement that recipients shail file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liabiliTy insurance in amounts of not less than $100,000!$300,000 for personal injury, and $25,000 for praperty 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. ARTICLE 26 - DURATION AND PLEDGE 26.1 This Agreement shall become effecrive as of the date of signing, except as specifically provided othenvise in Articles 11 and 12, and shall remain in effect through the 30th day of April, 2007 and confinue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 26.2. 262 If either party desires to terminate or modify this Agreement, the party 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 eapiration date, provided that the Agreement may only be so terminated or modified effective as ofthe expiration date. - - 263 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 10 � ,r its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 26.3(1) The Union and the employees will not engage in, insrigate, ar 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. 26.3(2) The Employer will not engage in, instigate, or condone any lock-out of employees. 26.3(3) This constitutes a tentative agreement between the parties which will be recommended by the Director of Labor Relations, but is sub}ect to the approval of the Administration of the City and the City Council and is also subject to ratificarion by the Union. Agreed to and attested to as the full and complete understanding of the parties for the period of rime herein specified by the signature of the following representatives for the Bmployer and the Union. WITNESSES: CITY OF SAINT Steven Bar ett Human Resources Specialist - � - D� Date ason Schm t Labor Relations Manager 0 ate OPERATIVE PLASTERERS AND CEMENT MASONS INTERNATIONAL ASSOCIATION, LOCAL 633 �/� /G� Bob Ridge Business Agent 6-za-n y Date 11 d�-��10 APPENDIX A The classes of positions recob ized by the Employer as being exclusively represented by the Union are as follows: Cement Finisher Apprentice Building Inspector-Cement Finisher and other classes of positions that may be established by the Employer where the duties and responsibiliries assigned and are determined by the Bureau of Mediation Service to appropriately represented by this bargaining unit. A-1 � APPENDIX B All necessary hand tools. I:�il ` APPENDIX C E5�-(P�tj ,. 1. The basic hourly wage rate for temporary employees appointed to the following classes of posirions shail be: Effective 5/1/04 Cement Finisher Effective Effective 5/1/OS 5/1/06 (Or closest payperiod) �:� �x�* $28.78� 2. The basic hourly wage rate for provisional, regular and probationary employees appointed to the following classes of positions shall be: Effecrive 5/1/04 Effecrive Effective 5/1/OS 5/1/06 (Or closest payperiod) CementFinisher $27.27* ** *** * This rate includes the taxable Savings Plan deduction of $3.59. The basic hourly wage rate for temporary employees whose length of service and earnings require that they be subject to Public Employees Retirement Association contributions shall be the rate shown in this Appendix "C" for such employees in such classes divided by 1.0553. ** Effective 5/1/OS (or closest payperiod) the total package shall be increased based on the U.S. Depariment of Labor, Bureau of Labor Statistics, Consumer Price Index Data, Midwest Cities Region (www.bls.gav), January - December of the previous year (annual percentage), v✓ith a minimum of 2.00% and a masimum of 4.50%. The parties will agree prior to that date as to the distribution of the increase between the wages and fringes. *** Effective 5/i/06 (or closest payperiod) the total package shall be increased based on the U.S. Depariment of Labor, Bureau of Labor Statistics, Consumer Price Index Data, Midwest Cities Region (www.bls.gov), January - December of the previous yeaz (annual percentage), with a minimum of 2.00% and a malcimum of 4.50%. The parties will agzee prior to that date as to the distribution of the increase beiween the wages and fringes. C-1 04 ���o APPENDIX D .- Effective May l, 2004, or the closest pay period, the Employer shall: (1) contribute to a Health and Welfare �nd $4.70 per hour for all hours worked by participating employees. (2) contribute to Part A of the Pension F`and $6.32 per hour for all hours worked by participating employees. (3) deduct for a Savings Plan $3.59 per hour from which payroll deductions have been made for all hours worked by participating employees covered by this Agreement. (4) contribute to a Training Fund $0.45 per hour for all hours worked by participating employees. The above contributions may be increased or decreased as long as the applicable hourly rates in Appendix C for employees are decreased or increased by the same total amount. All conhiburions made in accordance with this Appendix D shall be forwazded to depositories as directed by the Union. The Employer shall establish Woxker's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating employees covered by this Agreement, shall not be eligible for, governed by, or accumulate vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or may be established by Civil Service Rules, Councii Ordinance or Council Resolutions. The Employer's fringe benefit obligation is lirnited 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 fonuarded contributions and/or deductions. D-1 � o�-��O