04-763Council File # 0 � � ��
Green Sheet # 3020497
RESOLUTION
F SAINT PAUL, MINNESOTA S
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Presented
Refesed To
Committee Date
RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
2 Employment Agreements between the Independent School District No. 625, the Electrical Workers Local
110 and the Twin Cities Glaziers, Architectural Metals and Glass Workers Local 1324 to Establish Terms
4 and Conditions of Employment for 2003-2006.
Adopted by Council: Date
Adoprion Certified by Council Secretary
Requested by Departrnent of:
Office of Human Resoi ��
�y: � a �
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
Hu Auman xesources -
Date Initlated:
,����� Green Sheet NO: 3020497
CofrtaG Person ffi Ptwne:
Jason Schmidt - - -�
26fi6503 Assign 1
Must Be on Council Agenda by (Date): Numher Z
For 3
Routing
Order 4
5
Totai # of Signature Pages _(Ciip Nl Locations for Signature)
uma eso /j
umanR urces De a entDirector ' �p L—
ttm
a r's ffice Ma ar/ sistant
uncil
Ierk i Cterk
Approving the attached Employment Agreements between the I.S.D. No. 625, the Electriciai Workers I.ocal 110 and the Twin Cities
Glaziers, Arclutectival Metals and Glass Workers Locat 1324 to Establish Terms and Conditions of Employment for 2003-2006.
Recommendations: Approve (A) or Reject (R): � _ _
Planning Commission -
CIB Committee _
Civil Service Commission
Contracts Must Answer
t. Has this person/firm ever worked under a conVact for this departmenY?
Yes No
2. Has this person/firm ever been a city employee? _.
Yes No
3. Does this person/firm possess a skill not nortnally passessed by any �- ---
current city employee?
Yes No
6cplain all yes answers on separete sheet and attach to green sheet
Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why):
These aze I.S.D. #625 conh�acts only.
AdvanWges If Approved:
Disadvantages If Approved:
None
Disadvantages If Not Approved:
7ransadion:
Fundins� Source:
Cost/Revenue Budgeted:
Activity Numter:
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JUL 2 � �004
Financial Information:
(Explain)
by- 7�03
INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION
SAINT PAUL PUBLIC SCHOOLS
DATE: July 22, 2003
TOPIC: Approval of an Empioyment Agreement With
Electrical Workers, Locai 110, to Estabfish
Employment for 2003-2006
A. PERTINENT PACTS:
International Brotherhood of
Terms and Conditions of
1. New Agreement is for the three-year period May 1, 2003 through April 30, 2006.
2. Contract changes are as follows:
Waaes: Wage and benefit changes reflect prevailing wage for the industry. The third year wiil
be a reopener for wages only.
3. The remaining language provisions of the previous contract remain essentialiy unchanged,
except for necessary changes to dates and outdated references.
4. The District has 13 regular F.T.E. in this bargaining unit.
5. The maintenance of buildings promotes a quality learning environment that supports the
teaching target of preparing all students for life.
6. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager;
Wayne Arndt, Negotiations/Labor Relations Manager; Richard Kreyer, Executive Director of
Human Resources and Labor Relations; Patrick Quinn, Executive Director of School
Services; and Lois Rockney, Executive Director of Business and Financial Affairs.
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
Agreement concerning the terms and conditions of empioyment of those employees in this school
district for whom international Brotherhood of Electricai Workers, Local 110, is the exciusive
representative; duration of said Agreement is for the period of May 1, 2003 through April 30, 2006.
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ARTtCLE
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
'I 4.
'I 5.
16.
17.
�8.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
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TITLE
Preamble ...................................................................�----� -•
Purpose.......................�-� �-�---..............----...........................
Recognition .....................................�-•�--�--.........................
EmployerRights ............................................�-�---....--�--.....
UnionRights ....................................��----�--�--.....................
Scope of the Agreement ...................................................
Probationary Periods ................................................•---�-•-�
Philosophy of Ertrployment anii Compensation ................
Hoursof Work........-� .........................................................
Overtime ..............................•----........................................
CallBack ...........................................................................
WorkLocation ...................................................................
Wages.......--� ............................:.......................................
Fringe Benefits ..................................................................
Selection of Lead Electrician, Geaieral Lead Electrician,
Master Electrician, and Master Building
Controls Electrician ........................................................
Hofidays............................................................................
Disciplinary Procedures ....................................................
Absencesfrom Work ........................................................
Sen ority ............................................................................
Jurisdiction........................................................................
Separation from Employment ...........................................
Tools........°°-.......-- ..........................................................
Grievance Procedure ........................................................
Right of Subcontract .............................�--�--......................
N on-Discrim ination ............................................................
Seve rabi lity ............................. _..._.....................................
Waiver ..............................................................................•
Mileage - Independent School District No. 625 .................
Matemity/Parental/FMLA Leave ........................................
Required Training ......................�--....................................
Duration and Pledge .........................................................
AppendixA .......--� .....................................................
AppendixB .......................�--.......---�--........................
AppendixC .........................°--.......--•°--...................
AppendixD .....................................................�-�--•-...
AppendixE ...............................................................
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• ARTICLE 1. PURPOSE
1.1 The Emp{oyer and ihe Union agree that the purpose for entering into this Agreement is to:
1.1.1 Achieve orderiy and peaceful relations, thereby estahlishing a system of
uninterrupted operations and the highest level of employee performance that is
consistent with the safety and well-being of aii concemed;
1.12 Set forth rates of pay, hours of work, and other condftions of employment as
have been agreed upon by the Employer and the Union;
1.�.3 Establish procedures to orderly and peacefully resolve disputes as to the
appiication or interpretation of this Agreement without loss of manpower
productivity.
12 The Employer and the Union agree that this Agreemeni serves as a supplement to
legislation that creates and directs the Employer. If any part of this Agreement is in
conflict with such legislation, the latter shall prevail. The parties, on written notice, agree
to negotiate that part in conflici so that it conforms to the statute as provided by Article 25,
Severability.
ART4CLE 2. RECOGNITION
� 2.1 The Employer recognizes the Union as the exclusive representative fior collective
bargaining purposes for all personnel having an employment status of regular,
probationary, and temporary employed in the classes of positions defined in 22 as
certified by the Bureau of Mediation Services in accordance with Case No. 89-PR-2348
dated December 11, 1989.
22 The classes of positions recognized as being exclusively represented by the Union are as
listed in Appendix A.
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ARTICLE 6. PROBATIONARY PERIODS
6.1 All personnel, originally hired or rehired following separation, in a regular employment
status shall serve a six (6)-month probationary period during which time the employee's
fitness and ability to perform the class of positions' duties and responsibilities shall be
evaluated.
6.�.1
6.12
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,
Grievac�ce Procedure.
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 AIf personnel promoted to a higher class of positions shall serve a six {6) month
promotionai probationary period during which time the employee's fitness and ability to
perform the class of positions' duties and responsibilities shall be evaluated.
62.1 At any time during the promotional probationary period, an employee may be
demoted to the employee's previousiy-held class of positions at the discretion
ofi the Employer without appeal to the provisions of Article 22, Grievance
Procedure.
622 An employee demoted during Yhe promotional probationary period shail be
retumed to the employee's previously-held class of positions and shall receive
a written notice of the reason(s) for demotion, a copy of which shail be sent to
the Union.
ARTICLE 7. P3iILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The Employer and the Union are in full agreement that the philosophy of employment and
compensation shall be a"cash" hourly wage and "industry' fringe benefit system.
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7.3
7he Employer shall compensate employees for all hours worked at the basic hourly wage
rate and houriy fringe benefit rate as found in Articie 12, Wages and Fringe Benefits.
No other compensation or fringe benefit shall be accumulated or earned by an employee
except as spec'rfically provided for in this Agreement.
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ARTICLE 9. OVERTIME
9.1 All overtime compensated for by the Empioyer 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.
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9.3
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The oveRime rate of one and one-ha4f (1-1/2) the basic hourly rate shall be paid for work
performed under the following circumstances:
9.2.1 Time worked in excess of eight (8} hours in any one normal workday, and
92.2 Time worked on a sixth (6th) day foilowing a normai work week.
The overtime rate of two (2) times the basic hourly rate shall be paid for work pertormed
under the folfowing circumstances:
9.3.1
9.3.2
Time worked on a seventh (7th) day following a normal work week;
and
Time worked in excess of tweive (12) consecutive hours in a twenty-four (24)
hour period, provided that all "emergenc�' work required by "Acts of God" shall
be compensated at the rate of one and one-half (7-1/2).
For the purpose of calculating overtime compensation, overtime hours worked shall not
be "pyramided," compounded or paid twice for the same hours worked.
Overtime hours worked as provided by this Article shall be paid in cash or in
compensatory time. The basis on which overtime shali be paid shall be determined soleiy
by the Employer. Compensatory time off must be approved by the Employer.
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. ARTICLE �3. FRINGE BENEFITS
13.1 The Empioyer shall make contributions on behalf of and/or make deductions from the
wages of empioyees covered by this Agreement in accordance with Appendix D for ail
hours worked.
132 The Employer will for the period of this Agreement provide, for those employees who
were °grandfiathered" as eligibte for the EmpfoyePs Heafth and Welfare Pfan and who
have retired since February 15, 1974, such heaith insurance premium contributions up to
the same doilar amounts as are provided by the Employer at the date of early retirement
and the cost of premium contributions toward $5,000 f"rfe insurance coverage untif such
empioyees reach sixty-five (65) years of age.
in order to be efigibfe for the premium contributions under the provision 13.2 and 13.3 the
employee must:
'132.� Be receiving benefits from a public employee retiree act at the time oi
retirement.
'13.2.2 Have severed the emptoymeni relationship wifh the City of Saint Pauf andfor
Independent School District No. 625 under one of the early retiree plans.
'132.3 inform the Human Resource Department of Independent School Disirict No.
625 and Personnel Office of the City ot Saint Paul in writing within sixty (60)
days of employee's early retirement date that he or she wishes to be eligible for
early retiree insurance benefits.
� 13.3 An employee who retired at age sixty-fiive (65) or later and who met the criteria in � 32, or
for earry retirees who qualfiied under 132 and have reached age sixty-five (65) after
retirement the Employer will provide payment of premium for a Medicare supplement
heaith coverage policy selected by the �Employer.
ARTfCLE 14. SELECTfON OF LEAD ELECTRICVAN, GEfVERAL LEAD ELECTRICIAN,
MASTER ELECTRICIAN, AND MASTER BUILDING CONTROLS
ELECTRICIAN
'14.1 The selection ot personnel for the c9ass of positions General Lead Electrician, Lead
EVectrician, Master Electrician, and Master Suilding Controis Eleetrician shall remain
solely with the Employer.
142 Temporary Assignments
142.1 The class of positions Master Electrician, and Master Building Controls Electrician
shail be fi4ied by emptoyees of the bargaining unit on a`temporary assignment "
142.2 All "temporary assignments" shall be made only at the d6rection of a designated
Employer supervisor.
14.2.3 Such "temporary assignments" shall be made only in cases where the class of
positions is vacant for more than one (1) normai workday.
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� ARTICLE �6. DISCIPLINARY PROCEDURES
16.1 The Employes shall have the right to impose disciplinary actions on emptoyees for just
cause.
162 Disciplinary actions by the Employer shall include only the following actions:
162.1 �rat reprimand;
16.22 Written reprimand;
162.3 Suspension;
162.4 Demotion;
162.5 Discharge.
16.3 Employees who are suspended, demoted or discharged shail have the right to request
that such actions be considered a"grievance" for the purpose of processing through the
provisions of Article 22, Grievance Procedure); as an altemative option, such employee
can request review by the Civii Service Commission or a designated Board of Review,
oonsistent with Minnesota Statuie § 179A20, Subd. 4. Once an employee, or the Union
acting in the employee's behaif initiates review in one forum, the matter shall not be again
reviewed in another forum. Oral reprimands shall not be subject to the grievance review
procedures.
16.4 From the time of a documented disciplinary action of an employee, 'rf no further instances
of documented discipline occur for twenty-four (24) months, the record of afl disciplinary
action will not be referred to in future discipiinary matters. This does not include matters
under Title 7 and the Minnesota Human Rights Act. if multiple disciplinary actions have
been taken over a period of time, as iong as any one action is within twenty-four (24)
� months of the most recent action, then all events may be referred to in other disciplinary
actions.
ARTICLE 17. ABSENCES FROM WORK
17.1 Employees who are unable to report for their normal workday have the responsibility to
not'rfy their supervisor of such absence as soon as possible, but in no event later than the
beginning of such workday. -
172 Failure to make such not'rfication may be grounds for discipline as provided in Article 16,
Discipiinary Procedures.
17.3 Failure to report for work without notification for three (3) consecutive normal workdays
may be considered a"quiY' by the Employer on the part of the employee.
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ARTICLE 19. JURISDICTION
19.1 Disputes conceming work jurisdiction between and among unions is recognized as an
appropriate subject for determination by the various unions representi�g employees of the
Empfoyer.
192 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual
agreements between the unions involved.
19.3 In the event of a dispute conceming the performance or assignment of work, the unions
involved and the Employer shall meet as soon as rnutvally possible to resoive the dispute.
Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as
originally assigned pending resolution of the dispute or to restrict the Employer's basic
right to assign work.
19.4 Any employee refusing to pertorm work assigned by the Employer and as clarified by
Sections 192 and 19.3 above shall be subject to disciplinary action as provided in Article
16, Disciplinary Procedures.
19.5 There shall be no work stoppage, siow down or any disruption of work resulting from a
work assignment.
ARTICLE 20. SEPARATION FROM EMPLOYMENT
20.1 Employees having a probationary or regular employment status shall be considered
separated from empioyment based on the foffowing actions:
20.1.1
20.12
20.1.3
Resianation. Empioyees resigning frorn� empioyment shall give written notice
fourteen (14) calendar days prior to the effective date of the resignation.
Discharae. As provided in Article 16.
Failure to Re�ort for DuN. As provided for in Article 17.
20.2 Employees having a temporary employment status may be terminated at the discretion of
the Employer before the completion of a normal workday.
ARTICLE 21. TOOLS
2�.1 All employees shall personally provide themselves with 4he tools of the trade as listed in
Appendix E.
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• ARTICLE 22. GRIEVANCE PROCEDURE (continued)
Steo 3. Wfthin seven (7) ca{endar days foNowing receipt of a grievance reEerred from
Step 2, a designated Employer Supervisor shall meet with the Union Business
Manager or his designated representative and attempt to resolve the grievance.
Within seven (7� calendar days following this meeting, the Employer shall reply
in writing to the Union stating the Employer's answer conceming the grievance.
If, as a result of the wr�ten response, the grievance remains unresolved, the
Union may refer the grievance to Siep 4. Any grievance not referred in writing
by the Union to Step 4 within seven (7) calendar days foffowing receipt of tfie
Employer's answer shall be considered waived.
Ste� 4. tf the grievance remains unresotved, the Union may within seven (7) calendar
days after the response of the Employer in Step 3, by written notice to the
Employer, request arbitration of the grievance. The arbitration proceedings
shail be conducted by an arbitrator to be selected by mutual agreement of the
Employer and the Union within seven (7) calendar days after notice has Ibeen
given. If the parties fail to mutuaily 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) arbitraYors. Both the Employer and the
Union shali have the right to strike two (2) names from the panei. The Unian
shail strike the first (1) name; the Employer shall then strike one (1) name. The
psocess wilt be repeated and the remaining person shall be the arbitrator.
22.5 The arbiirator shali have no right to amend, modify, nuliify, ignore, add to or subtract from
the provisions of this Agreement. The arbitrator shal8 consider and decide oniy the
spec'rfic issue submitted in writing by the Employer and the Union and shaii 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 ihe appfication of faws, rules or regulations having the force and ettect ot law.
The arbitrator's decision shall be submitted in writing within thirty (30) days following close
of the hearing or the submission of brie6s by the parties, whichever be later, unless the
parties agree to an e#ension. The decision shall be based solely on the arbitrator's
interpretation or application of the express terms of this Agreement and to the facts of the
grievance presented. The decision of the arbitrator shall be finai and binding on the
Employer, the U�ion, and the employees.
22.6 The fees and expenses for the arbitratoPs services and proceedings shali be bome
equally by the Employer and the Union, prouided that each party shall be responsible for
compensating fts own representative and witnesses. tf 26ther party cance{s an arbitration
hearing or asks for a last-minute postponement that leads to the arbftrator's making a
charge, the canceling party or the party asking for the postponement shail pay this
charge. If either party desires a verbatim record of the proceedings, it may cause such a
record to be made, providing it pays for the record.
22.7 The time limits in each step of this procedure may be extended by mutuai agreement of
the Employer and the Union.
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� ARTICLE 26. WAIVER
26.1 The Employer and the Union acknowledge that during the meeting and negotiating which
resulted in this Agreement, each had the right and opportunity to make proposals with
respect to any subject 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.
262 Tfieretore, the Employer and the Union tor the dusation ot 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 spec'rfically covered by this Agreement.
The Union and Emptoyer may, however, mutually agree to modify any provision of this
Agreement.
26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or
regulations regarding the terms and conditions of employme�t, to tfie extent they are
inconsistent with this Agreement, are hereby superseded.
ARTICLE 27. MfIEAGE
SECTION 1. MILEAGE ALLOWANCE. Empioyees of the School District, under policy adopted
by the Board of Education, may be reimbursed for the use of their automobiles for school
business. The mileage allowance for eligible employees shall be estabiished by the Board of
� Education. The mileage reimbursement rate shall be indexed periodically to reflect the rate
established by the Internal Revenue Service.
SECTION 2. REIMBURSEMENT PROCEDURES. An employee must keep a record of each
trip made. Reimbursement shall be for the actual mileage driven in the performance of assigned
duties as ver'rfied by the appropriate schooi district administrator and in accordance with Schooi
District Business Office policies and procedures
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ARTICLE 30. DURATION AND PLEDGE
� 30.1
302
30.3
30.32 The Employer will not engage in, instigate or condone any iocKOUt or
empioyees.
30.3.3 This consGtutes a tentative Agreement between the parties which will be
recommended by the Negatiations/Labor Relations Manager, but is subject to
the approvai of the Board of Education and is also subject to ratification by the
Union.
This Agreement shall become effective as of May 'I, 2003, and shall remain in effect
through the 30th day of Aprii, 2006, and continue m effect from year to year thereafter
unless nofice fo change or to ferminate is given in the manner prov�ded in 30.2.
If either party desires to terminate or modify this Agreement effective as of the date of
expiration, the party wishing to modify or terminate the Agreement shall give written
notice fo the other party, not more than ninety (90) or less than sixty (60) calendar days
prior to the expiration date, provided that the Agreement may only be so terminated or
mod�ed effective as of the expiration date.
In consideration of the terms and �nditions of employment established by this
Agreement and the recognition that the Grievance Procedure herein established is the
means by which grievances conceming ifs application or interpretation may be peacefuliy
resolved, the parties hereby pledge that during the term of the Agreement:
30.3.1 The Union and the employees will not engage in, instigate or condone any
concerted acfion in which empioyees fail to report for duty, willfully absent
themselves from work, stop wo�c, siow down their work or absent themselves
in whole or part from the full, faithful performance of their duties of employment.
The parties agree and attest that this Agreement represents the full and complete understandir�g
of the parties for the period of time herein specified by the signature of the following
representatives for the Employer and the Union.
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INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS LOCAL 110
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Business Mana
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President �
of Education
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Appendices
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• APPENDiX B
For atl normai workweeks estabfished pursuant to the provisions of Ar[icle 8 of this
contraci, which includes Sunday, the following provisions shall apply and govern:
1. All regular electricians employed prior to January 1, 1976, shall be offered assignment
to the workweek on a seniordy basis, and ali such employees shall have the right to
refuse assignment to the workweek. This refusal is subject to the provisions listed
below.
2. Aii regular electricians employed subsequent to January 1, 1976, may be assigned to
vacancies in this workweek.
3. Ail regular electricians shali have the right to bid on and obtain assignment of a
position occupied by an electrician with lesser class seniority within thirty (30)
calendar days from the date that said position was Iast filled
4. Any regular elecirician may be assigned, on a temporary basis, to the workweek to
replace an electrician who is absent because of vacation, iliness, paid military leave,
jury duty or any other leave acceptable to both parties. These temporary
assignments shall be made on the basis of seniority and in To instance shall any one
employee be required to work on such temporary basis for more than fifteen (15)
workdays or the total temporary assignment to exceed ninety (90) workdays.
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APPENDIX C (continued)
C2A. Compensation anaivsis purposes onkv. These figures represent the portion of the
Appendix C1 rates above specrfically alfocated to wages. These rates do NOT inc{ude
taxable contributions and therefore should NOT be used for taxabte payroll calculations.
See Appendices C2 and C3 for totai taxable payroll information.
Electrician
Building Control EVectrician
Lead Electrician
Master Electrician
Master Building Controls -
Efectrician
General Lead Electrician
Effective
5/3/03
$2820
28.20
30.09
30.09
3�.�9
3'I .04
Effective
5/1 /04
Effective
4/30/05
C3. Taxable rete for reqular emplovees hi�red on or after Mav �. 2000 and for empiovees
not covered bv PERA pension. The total taxabie houriy rate including wages and the
vacation contribution in Appendix D for regular and probationary employees appointed to
the following ciasses of positions shall be:
Effective Effective Effective
5/3/03 5/1 /04 4/30/05
Electrician $33.62 ' "
Building Controf Electrician
Lead Electrician
Master Electrician
Master Buitding Controls -
Electrician
General Lead Electrician
33.62 '
35.88 '
35.88 '
_ 3a.88 `
37.01 "
Note: in 2000, the pension laws were changed to exclude electricians hired by Saint
Paul Public Schools as of May 1, 2000, from PERA coverage.
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`NOte: The May 1, 2004, houdy rates in Appendices C2, C2A, C3 and C4 shall be detertnined at a later date based on
the allocation agreed to by the Employer and the Union of the May 1, 2004, total houAy cost stated in Appendix Ct.
�'Note: The April 30, 2005, hourly rates in Appendices Ct, C2, C-2A, C3 and C4 shall be determined at a later date
based on the allocation agreed to by the Employer antl the Union of the April 30, 2D05 total houAy cost detertnined for the
third year wage re-opener.
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� APPENDIX C (continued)
C6. Generai ltems
If the Union elects to have the contributions listed in Appendix D increased or decreased,
the Employer may adjusY the rates in Appendix C, Sections C2 through C4 in such a way
that the totai cost of the package (wage rate pius contributions) remains constant and
does not exceed the amounts shown in Appendix C, Section C1.
The total cost to the Employer for compensation (wages and fringes) received by
employees covered by this Agreement shall be equivalent in money to the total package
paid by the employer to employees in comparable class'rfications in the Agreement
between Local 110 and the National Electrical Contractors Association (NECA).
In the event Local � 10 and NECA amend their bargaining agreement to provide for either
a wage or benefrt freeze or reduction during the period of this Agreement, such freeze or
reduction shall be immediateiy appiicable to the total compensation paid to employees
covered by this Agreement.
The totai package cost shall exclude any costs of payments made for industry promotion
and/or advertisement or any other purposes not directly and ciearly benefiiciai to the public
employer.
Shift Differentiai
� For employees who work on a regularly-assigned shift beginning earfier than 6:00 a.m. or
ending later than 6:00 p.m., provided that at least five (5) hours of the shift are worked
between the hours of 6:00 p.m. and 6:00 a.m., there shail be paid a night differential for
the entire shift.
For employees who work on a regulariy-assigned shift beginn3ng eariier than 6:00 a.m. or
ending tater than 6:00 p.m., bwt less than five (5j hours ot the shift are worked hetween
the hours of 6:00 p.m. and 6:00 a.m., there shall be paid a night differential for the hours
worked between the hours of 6:00 p.m. and 6:00 a.m.
The night differential shall be �% of the base rate, and shall be paid only for those night
shifts actuaBy worked.
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• APPENDIX D (continued)
All contributions made in accordance with this Appendix D shall be deducted from and are not in
addition to the amounts shown in Appendix C1. The Appendix D amounts shall be fonvarded to
depositories as directed by the Union and agreed to by the Employer.
The Empioyer shail estabiish Workers' Compensation and Unemployment Compensation
programs as required by Minnesota Statutes.
Employees covered by this Agreement shall not be efigible for, governed by or accumulate
vacation, sick leave, holiday, funeral leave, jury duty or insurance fringe benefits that are or may
be established by Personnet Ru4es, Counci{ Osdinance or Couocil Resofutions.
The Empioye�s fringe benefit obligation to employees is Iimited to the contributions and/or
deductions estabiished by this Agreemeni. The actual level of benefits provided to employees
shalf be the responsibility of the Trustees of the various funds to which the Employer has
forwarded contributions and/or deductions.
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� TABLE OF CONTENTS
ARTICLE TITLE PAGE
, Preamble ............................................................................................................... iv
Article1. Purpose .................................................................................................................. �
Article2. Recognition ............................................................................................................
� Article 3. Employer Rights ..................................................................................................... �
Article4. Union Rights ...............��---.......................................................................................
Article 5. Scope of the Agreement ........................................................................................
Article 6. Probationary Periods .............................................................................................. 3
Article 7. Philosophy of Empioyment and Compensation .....................................................3
Article8. Hours of Work ........................................................................................................
Article9. Overtime .................................................................................................................
Artide10. Call Sack .....................................-...............................................-°,--°°----°-°---....
Article11. Work Location ................ .....................................................................................5
Article12. Wages ....................................................................................................................
Article13. Fringe Benefits .......................................................................................................
Article 14. Selection of Lead Glazier and General Lead Glazier ............................................. 7
Article15. Holidays .................................................................................................................
Article 16. Disciplinary Procedures .........................................................................................9
Article 17. Absences From Work .............................................................................................
Article18. Seniority ...............................................................................................................
� Article 19. Jurisdiction ...........................................................................................................
Article20. Separetion ............................................................................................................
Article21. Tools .................................................................................................................... � �
Article 22. Grievance Procedure ...........................................................................................
Article23. Right of Subcontract .............................................................................................
ARicle24. Non-Discrimination ...............................................................................................
Articie25. Severability ....................................�--....................................................................
Articie26. Waiver ..................................................................................................................
ArtiGe27. Mi4eage ..................................................................-••-----°_--°-..........---..............
Article28. Court Duty ............................................................................................................
Article29. Duration and Pledge ...................................................................................�--......
APPendixA .........................................................................................................17
Appendix6 .........................................................................................................17
AppendixC ....................................................................................................18-19
APPendixD .......................................................�--...............................................20
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ARTICLE 'I. PURPOSE
• 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to:
1.1.'I
1.'I 2
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Achieve orderly and peaceful reiations, thereby establishing a system of
uninterrupted operations and the highest level of empioyee pertormance that is
consistent with the safety and well-being of all concemed;
Set forth rates of pay, hours of work, and other conditions of employment as
have been agreed upon by the Employer and the Union;
Establish procedures to orderly and peacefully resolve disputes as to the
application or interpretation of this Agreement without loss of productivity.
12 The Employer and the Union agree that this Agreement serves as a supplement to
legislation that creates and directs the Empioyer. If any part of this Agreement is in
conflict with such legislation, the latter shall prevail. The parties, on written notice, agree
to negotiate that part in conflict so that it conforms to the statute as provided by Article 25
(Severability).
ARTICLE 2. RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative for collective
bargaining purposes tor all personnet having an emQloyment status of regular,
probationary, and temporary employed in the classes of positions defined in 2.2 as
certified by the Bureau of Mediation Services in accordance with Case No. 90-PCL-3169
dated February 26, 1990.
22 The classes of positions recognized as being exclusively represented by the Union are as
iisted in Appendix A.
ARTICLE 3. EMPLOYER RIGHTS
3.1 The Employer retains the right to operate and manage all manpower, facilities, and
equipment; to establish functions and programs; to set and amend budgets; to determine
the utilization of technology; to establish and modify the organizational sVucture; to
select, direct, and determine the number of personnel; and to perform any inherent
managerial function not specifically limited by this Agreement.
32 Any "term or condition of employment" not established by this Agreement shall remain
with the Employer to eliminate, modify or establish followmg written not�cation to the
Union.
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ARTICLE 6. PROBATIONARY PERIODS
• 6.1 All personnel, originally hired or rehired following separation, in a regular employment
• status shall serve a six (6) month probationary period during which time the employee's
fitness and ability to perForm the class of positions' duties and responsibilities shall be
evaluated.
6.1.1 At any time during the probationary period an employee may be terminated at
the discretion of the Employer without appea{ to the provis�ons of Article 22
(Grievance Procedure).
6.1.2 An employee tertninated 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 ciass of positions shall serve a six (6) month
promotional probationary period during which time the empfoyee's fitness and abitity to
perform the class of positions' duties and responsibilities shall be evaluated.
62.1 At any time during the promotional probationary period an employee may be
demoted to the employee's previously-held class of positions at the discretion
of the Employer without appeal to the provisions of Article 22 (Grievance
Procedure).
6.22 An employee demoted during the promotional probationary period shall be
returned to the employee's previously-held class of positions and shall receive
a written notice of the reasons for demotion, a copy of which shall be sent to
the Union.
� ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The Empioyer and the Union are in full agreement that the philosophy of employment and
compensation shall be a"cash" hourly wage and "industr�' fringe benefit system.
7.2 The Employer shall compensate employees for ali hours worked at the basic hourly wage
rate and hourly fringe benefit rate as found in Articles 12 (Wages) and 13 (Fringe
Benefits).
7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee
except as specifically provided for in this Agreement; except those employees who have
individually optioned to be "grandfathered" as provided by Article 12.2.
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ARTICLE 9. OVERTIME
9.1 Time on the payroll in excess of the normal hours set forth above shall be "overtime worl�'
and shall be done only by order of the head of the department. An employee shall be
recompensed for work done in excess of the nortnal hours by being granted
compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half
basis for such overtime work. The basis on which such overtime shall be paid shall be
determined solely by the Employer.
9.2 The rate of one and one-half (1-�/2) the basic hourly rate shall be the overtime rate for
work perfortned under the following circumstances:
92.1 Time worked in excess of eight (8) hours in any one normal workday, and
9.2.2 Time worked in excess of forty (40) hours in a normal work week.
9.3 For the purpose of calculating overtime compensation, overtime hours worked shali not
be "pyramided,' compounded or paid twice for the same fiours worked.
ARTICLE 10. CALL BACK
10.1 The Employer retains the right to call back employees before an employee has started a
normal workday or normal work week and after an employee has completed a normal
workday or normal work week.
10.2
10.3
Employees cailed back shali receive a minimum of four (4) hours of pay at the basic
hourly rate.
The hours worked based on a call back shall be compensated in accordance with Article
9(Overtime), when applicable, and subject to the minimum established by 10.2 above.
10.4 Employees called back four (4) hours or less prior to their normal workday shall complete
the normal workday and be compensated only for the overtime hours worked in
accordance with Article 9 (Overtime).
ARTICLE 11. WORK LOCATION
11.1 Employees shall report to work location as assigned by a designated Employer
supervisor. During the normal workday, employees may be assigned to other work
locations at the discretion of the Employer.
11.2 Employees assigned to work locations during the normal workday other than thei� original
assignment, and who are required to furnish their own transportation, shall be
compensated for mileage as set forth in Article 27 (Mileage).
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ARTICLE �3. FRINGE BENEFITS
• 13.1 The Employer shall make contributions on behalf of and/or make deductions from the
- wages of participating employees as def+ned by Articies 12_3, 12.4, and 12.5 covered by
this Agreement in accordance with Appendix D for all hours worked.
ARTICLE 14. SELECTION OF �EAD GLAZfER AiVD GENEf2AL LEAD GLAZIER
14.1 The selection of personnel for the class of position Lead Glazier and General Lead
Glazier shall remain solely with the Employer.
142 The class of position Lead Glazier shall be filled by employees of the bargaining unit on a
"temporary assignment"
14.3 All "temporary assignments" shall be made only at the direction of a designated Employer
supervisor.
14.4 Such "temporary assignments° shall be made only in cases where the class of positions
is vacant for more than one (1) normal workday.
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ARTICLE 16. OISCIPLINARY PROCEDURES
. �6.� The Employer shali have the right to impose disciplinary actions on employees for just
_ cause.
� 62 Disciplinary actions by the Employer shall include only the following actions:
'16.2.1 Oral reprimand;
�6.2.2 Written reprimand;
162.3 Suspension;
16.2.4 Demotion;
16.2.5 Discharge.
16.3 Employees who are suspended, demoted or discharged shall retain all rights under
Minnesota Statute §'179A.20, Subd. 4., and thereby shall have the right to request that
such actions be considered a"grievance" for the purpose of processing through the
provisions of Article 22 (Grievance Procedure). Once an employee, or the Union acting
in the employee's behalf initiates review of an action, that matter shall not be reviewed in
another forum. Oral reprimands shall not be subject to the grievance review procedures.
16.4 PreliminaN Review. Prior to issuing a disciplinary action ofi unpaid suspension,
demotion, or discharge, the supervisor will make a recommendation to his/her supervisor
regarding proposed discipline. That supervisor will then schedule a meeting with the
employee prior to making a final determination of the proposed discipline. The empioyee
shall have the opportunity to have union representation present and be provided the
oppartunity to speak on hislher behalf regarding the proQosed action. If the employee is
unable to meet with the supervisor, the employee will be given the opportunity to respond
in writing.
� ARTICLE 17. ABSENCES FROM WORK
17.1 Employees who are unable to report for their normal workday have the responsibility 40
notify their supervisor of such absence as soon as possible, but in no event later than the
beginning of such workday.
�72 Failure to make such notification may be grounds for discipline as provided in Article 16
(Disciplinary Procedures).
�7.3 Failure to report for work without notification for three (3) consecutive normal workdays
may be considered a"quiY' by the Employer on the part of the employee.
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ARTICLE 19. JURISDICTION
19.1 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.
192 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual
agreements between the unions involved.
19.3 In the event of a dispute conceming 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 resfict the right of the Employer to accomplish the
work as originally assigned pending resolution of the dispute or to restrict the Employer's
basic right to assign work.
19.4 Any employee refusing to perform work assigned by the Employer and as clar�ed by
Sections 192 and 19.3 above shall be subject to disciplinary action as provided in ArtiGe
16 (Discipiinary Procedures).
19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a
work assignment.
ARTICLE 20. SEPARATION
20.1 Employees having a probationary or regular employment status shafl be considered
separated from empioyment based on the foliowing actions:
20.1.1
20.1.2
20.1.3
Resic]nation. Employees resigning from employment shall give written �otice
fourteen (14) calendar days prior to the effective date of the resignation.
Discharae. As provided in Articie 16.
Failure to Report for DuN. As provided in Article 17.
2o2 Employees having a temQorary employment status may be terminated at the discretion of
the Employer before the completion of a normal workday.
ARTICLE 21. TOOLS
21.1 All employees shall personally provide themselves with the tools of the trade as listed in
Appendix B.
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ARTICLE 22. GRIEVANCE PROCEDl1RE (continued)
� Step 3. Within seven (7) calendar days following receipt of a grievance referred from
Step 2, a designated Employer supervisor shall meet with the Union Business
Manager or his designated representative and attempt to resolve the grievance.
Within seven (7) calendar days following this meeting, the Employer shall reply
in wriiing to the Union stating the EmpVoye�s answer concerning the grievance.
' If, as a result of the written response, the grievance remains unresolved, the
Union may refer the grievance to Step 4. Any grievance not referred in writing
by the Union to Step 4 within seven (7) calendar days following receipt of the
Employer's answer shall be considered waived.
Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar
days after the response ofi the Employer in Step 3, by written notice to the
Employer, request arbitration of the gnevance. The arbitration proceedings
shall be conducted by an arbitrator to be selected by mutual agreement of the
Employer and the Union within seven (7) calendar days after notice has been
given. If the parties fail to mutually agree upon an arbitrator within the said
seven (7�day period, either party may request the Bureau of Mediation
Services to submit a panel of five (5) arbitrators. Both the Employer and the
Union shall have the right to strike two (2) names from the panel. The Union
shall strike the first (1st) name; the Employer shall then strike one (1) name.
The process will be repeated and the remaining person shall be the arbitrator.
22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from
the provisions of this Agreement. The arbitrator shall consider and decide only the
specific issue submitted in writing by the Employer and the Union and shall have no
authority to make a decision on any other issue not so submitted. The arbitrator shail be
without power to make decisions contrary to or inconsistent with or modifying or varying
in any way the application of laws, rules or regulations having the force and effect of law.
� The arbitrator's decision shall be submitted in writing within thirty (30) days following
close of the hearing or the submission of briefs by the parties, whichever be later, unless
the parties agree to an extension. The decision shall be based solely on the arbitrators
irtterpretation or application of the express terms of this Agreement and to the facts of the
grievance presented. The decision of the arbitrator shall be final and binding on the
Employer, the Union, and the employees.
22.6 The fees and expenses for the arbitrator's services and proceedings shall be 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
4he record.
22.7 The time limits in each step of this procedure may be extended by mutual agreement of
the Employer and the Union.
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ARTICLE 26. WAIVER
26.1 The Employer and the Union acknowiedge that during the meeting and negotiating which
resulted in this Agreement, each had the right and opportunity to make proposa(s with
respect to any subject conceming the terms and conditions of empioyment. The
agreements and understandings reached by the parties after the exercise of this right are
futly and completely set fosth +n this Agreement.
262 Therefore, the Empioyer and the Union for the duration of this Agreement agree that the
other party shall not be obligated to meet and negotiate over any term or condition of
employment whether specifically covered or not spec�cally covered by this Agreement.
The Union and Employer may, however, mutually agree to modify any provision of this
Agreement.
26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or
regulations regarding the terms and conditions of employment, to the extent they are
inconsistent with this Agreement, are hereby superseded.
AR7ICLE 27. MILEAGE
27.1
27.2
Mileaqe Allowance. Employees of the School District, under policy adopted by the Board
of Education, may be reimbursed for the use of their automobiles for school business.
The mileage allowance for eligible employees shall be established by the Board of
Education. The mileage reimbursement rate shall be indexed periodically to reflect the
rate established by the Intemai Revenue Service.
Reimbursement Procedures. An employee must keep a record of each trip made.
Reimbursement shall be for the actual mileage driven in the performance of assigned
duties as ver�ed by the appropriate school district administrator and in accordance with
School District Business O�ce policies and procedures.
ARTICLE 28. COURT DUTY
28.1. Any employee who is required to appear in court as a juror or as a subpoenaed witness
shall be paid his/her regular pay while so engaged, unless the court duty is the result of
litigation undertaken by the employee or the Union against the Employer. Any fees that
the employee shall receive from the court for such service shall be paid to the Employer.
Any employee who is scheduled to work a shift other than the normal daytime shift, shall
be rescheduled to work the normal daytime shift during such time as he/she is required to
appear in court as a juror or witness.
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APPENDIX A
� The classes of positions recognized by the Employer as being exclusively represented by the
Union are as foilows:
Glazier
' Lead Gfazier
P.pprentice - Glazier
and other classes of positions that may be established by the Employer where the duties and
responsibilities assigned come within the jurisdiction of the Union.
APPENDIX B
• Ail necessary hand tools.
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APPENDIX C (continued)
C-3 The total taxable hourly rate including wages and the vacation contribution in Appendix D
for regular and probationary employees who were hired on or after May �, 2001, and are
exempt from PERA; for employees who opted out of receiving employer confibutions to
PERA during the period May 1, 2001 and December 3�, 2001; and temporary employees
appoi�ted to the foflowing classes of positions shall be:
Effective Effective Effective
5131/03 5/29/04 5/28/05
Glazier $33.01 " "
Lead Glazier $34.01 � '�
If a temporary employee working in a title listed in this Appendix C3 becomes subject to
the requirements of the Public Employees Retirement Act (PERA), which thereby
requires the Employer to make contributions to PERA, the calculated hourly base rate
may change so the Employer's cost does not exceed the amounts listed in C1 above.
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C4 Ta�cable rate for temporarv emplovees. The total taxable hourly rate including wages
and the vacation contribution in Appendix D for temporary employees appointed to the
following classes of positions shail be:
Effective
5/31 /03
Glazier
Lead Glazier
$28.76
$29.76
Effective Effective
5/29/04 5/28/OS
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C-5 The basic hourly wage rates for the Apprentice class of positions:
Apprentice 0 - 6 months 60% of Glazier
7 - 12 months 65% of Glazier
13 - 18 months 70% of Glazier
19 - 24 months 75°l0 of Glazier
25 - 30 months 80% of Glazier
31 - 36 months 90% of Giazier
A premium pay of ninety cents ($.90) per hour shall be paid for alI swing stage work, such as any
work performed from a boatswain's chair, swing scaffold, or scaffold twenty (20) feet or more
above the ground. All standard safety laws shaff be compfied with.
If the Union elects to have the contributions listed in Appendix D increased or decreased, the
Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a way that the
total cost of the package (wage rate plus contributions) remains constant and does not exceed
the amounts shown in Appendix C, Section C-1.
'Note: The May 29. 2004. hourly 2tes in Appendices C2, C2A, C3 and C4 shall be determined at a later date based on
the allocation agreed to by the Employer and the Union of the May 29, 2004, total hourly cost stated in Appendu C�.
"�NOte= The May 28, 2005, hourly 2tes in Appendices C�, C2, G2A, C3 antl C4 shall be detertnined at a later date
based on the alloption agreed to by the Employer and the Union of fhe May 28, 2005 total hourly cost determined for the
third year wage re-opener.
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