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05-184Cou�cil FSile # �5 ` � $� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented by Refened To 1 2 Csreen Sheet # 3025481 1� Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached May 1, 2004 through Apri13Q 2007 Maintenance Labor Agreement between the City of Saint Paul and 3 the International Union of Painters and Ailied Trades District Council 82. Benanav Bosuom Harris Helgen Y eas 1 tvays � ebsent J Requested by Departrnent of. `/ ce of Aumati Resources ✓ ✓ ✓ $Y ' ✓ Montgomery ,� I`hune J opr�a ny co,�a��i: D� �.�� /�, ao�s >ption Certif�ed by Council Secretary Form � by City orney �.� �-.� � � Mayor for roved l��M�fyor: Date �' o� t"" os- � 8�f ��reen Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Depar6nentlofficetcouncl: Date Inrtiated: H � �,�,� a,�R� Green Sheet NO: 3025481 Contac[ Perwn 8 Phonr. Jasat Schmidt 2f>�-GSO:i � Depar4nent SeM To Person Initial/Date Assign 1 �� ' r � IJnnlbEr 2 Atto � FOf 3 ! ' t Routing Order 4 5 G1etk Tatal # of Signature Pages _{Clip All Lecations for SignatureJ Resalution approving the attached May 1, 2004 through April 30, 2007 Maintenance Labor Agreement between the City of Saint Paul and the International Union of Painters aad Allied Trades District Council $2. dations: Approve (A) or R� Pianning Commission CB Commmce Civii Serviae Commission 1. Has this personlfirm ever worked urnier a contrect for this depaRment? Yes No 2. Has this persoNfitm ever been a city employee? Yes Nn 3. Daes this person/firtn possess a skiA not normalry possessed by any curtem city empioyee? Yes No Explain all yes answers on separate sheet and attach to green sheet inidating Problem, Iswes, Opportunity (Who, What, When, Where, Why): The Maintenance Labor Agreeme.nt eacpired on Apri130, 2004. . �. - �; AdvaMages {f Approved: There would be a Maintenance I,abor Agreement in place through April 30, 2007 Disadvarrtages If Approvetl: None. � � _ `T �' ' _ ; Disadvantages If NM Approved: No Agreeme� in place - labor unrest Ttanuctian: Funding Source: CostlRevem+e Budgeted: Activity Num6er. s a+-� ��:�s ��. .... . Financial infortnation: �Ary n ryg9�p� (Expiain} tC Bd 2 e�ru o�,- ��a ATTACHM�NT TO T� GREEN SHEET MAINTENANCE LABOR AGREEMENT WITH THE INZ`ERNATIONAL i3NION OF PAINTERS ANll ALLIED T`RADES DISTRICT COUNCII. 82 Below is a summary of the changes in the Maintenance Labor Agreement between the City of Saint Paul and the Intemational Union ofPainters & Allied Trades District Counci182. Duration• May 1, 2004 through April 30, 2007. WaEes: The City agreed to the prevailing wage rate. Milea2e• Mileage language was modified to allow the City to provide parking at a reasonable distance from the job site. This language makes this Agreement consistent with other Trades Agreements. LaneuaQe• Ciazification of promotion rights by employees of ISD #625, solidifying promotion rights for current City employees. Language relating to hours of work has been added to provide greater flexibility for the City and employees to create alternate work schedules. Seniority language added to allow layoffs based on legitimate business reasons, rather than strict senioriry. This language makes this Agreement consistent with other Trades Agreements. All other changes to the language were of a housekeeping nature for clarification and clean up. " � �` � bS- � 8!� _ � � � � MAY i, 2004�- A�RTL 30,�2Q07 -. - � � �� MAINTEI�TANCE I:ABtJR AGREEl�1�T� � � _ � � .:�between = � _ � . � , _ � �;�� -� � � � �, � � �: _ , � . _, _ ° - TI3� CITY Q�-SAIN�` PAUI; ° _ _ - � � _ � � "- = and - � . � , � � �._ , 'INTERNATIUlVAI� UNION t�F,PAINTERS.AND ALI�IED T'ItADE� , � � � _ DISTItIGT COUNCII. 82 �. � . � . � " � � 05-�� INDEX ARZ'ICLE �� PAGE i' -..�.E= ... ................................. lll 1 Purpose .........................................................................................................1 2 Recognition ..................................................................................................1 3 Employer Rights ..........................................................................................1 4 Union Rights ................................................................................................2 5 Scope of the Agreement ...............................................................................2 6 Probationary Periods ....................................................................................2 7 Hours of Work .............................................................................................3 8 Overtune ......................................................................................................4 9 Cail Back1Ca11 In ..........................................................................................4 10 Work Location .............................................................................................4 11 12 13 14 15 16 17 18 19 20 Wages...........................................................................................................5 Fringe Benefits .............................................................................................5 Selection of Lead Painter .............................................................................5 Holidays.......................................................................................................6 Disciplinary Procedures ...............................................................................7 Absences From Work ......... Seniority .............................. Jurisdiction .......................... Separarion ........................... Tools................................... ..........................................................? ..........................................................8 ..........................................................8 ..........................................................4 ........................................................10 21 Grievance Procedure ..................................................................................10 22 Right of Subcontract ..................................................................................12 23 Nondiscrimination ......................................................................................13 24 Severability ................................................................................................13 25 Waiver ........................................................................................................ i 3 26 City Mileage Plan ......................................................................................14 27 Duration and P2edge ...................................................................................14 AppendixA ...............................................................................................Al AppendixB ............................................................................................... Bl AppendixC ............................................................................................... C 1 Appendi;c D ...............................................................................................Dl Appendix E (Apprentice Rates) ................................................................ EI (�5 . . PREAMBLE This Agteement is entered into between the City of Saint Paul, hereinafter refened to as the Employer and the Internarional Union of Painters and Allied Trades, 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 xather primarily on attitudes between peopie at all levels of responsibility. Consiructive attitudes of the Employer, the I3nion, and Yhe individual employees will besf serve the needs of the general public. iii c�,—t�� . AR.TICLE 1- PURPOSE 1.1 The Employer and the Union agzee that the purpose for entering into this Agreement is to: 11(1) Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the ]ughest level of employee performance that is consistent with the safety and well-being of all concerned; 11(2) Set forth rates of pay, hours of work, and other conditions of employment as haue been agreed upon by the Employer and the TJnion; l.l(3) Establish procedures to orderly and peacefully resolve disputes as to the applicarion rn interpretation of this A�eement without loss of productivity. 1.2 The Employer and the Union agFee that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legisiation, 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 24 (Severability). • ARTICLE 2 - RECOGIVITION 2.1 The Employer recognizes the Llnion as the exclusive representative far collective bargauvng purposes for all personnel having an employment status of regulaz, probarionary, provisional, and temporary employed in the classes defined iu Appendix A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR- 479-A dated April 17, 1973. ARTICLE 3 - EMPLOYER RIGATS 3.1 The Employer xetains the right to operate and manage all personnel, facilities, and equipment; to estabiish functions and proerazns; to set and amend budgets; to determina the utilization of technology; to establish and modify the organizarional structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specificaily limited by this Agzeement. 3.2 Any "term or condition of employmenY' not established by this A�eement shall remain with the Employer to eluninate, modify, or establish following written notification to the Union. - 1 - b5 ARTICLE 4 - UNION RIGHTS 4.1 The Employer shail deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1(1) The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. 4.1(2} The [Jnion shall indemnify and save harmless the Employer from aay and al] ciaims or charges made against the EmpToyer as a result of the implementarion of this Arcicle. 4.2 The Union may designate one (i} employee from the bargaining unit to act as a Stewazd and shall inform the Emptoyer in writang of such designation. Such employee shall have the rights and responsibiiities as designated in Article 21 (Grievance Procedure). 4.3 Upon notification to a designated Employer supervisor, the Business 1Vlanager of the Union, or his designated representative shall be pernutted to enter the facilities of the Empioyer where employees covered by this Agreement are working. � ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement estabfishes the "terms and conditions of employment" defined by M.S. - 179.63, Subd. 18 for all employees exclusively represented by the Union. T'his Agreement shall supersede such "terms and conditions of employment" established by Civil Service Ru1e, Council Ordinance, and Council Resolution. 5.2 Employees represented by tYus Agreement are covered hy the Civil Service Rules, with the exception that Civil Service Rules 8 and 14 relating to promotion rights shall not apply to applicants and/or employees from Independent Schooi District #625. ARTICLE 6 - PROBATIONARY PERIODS b.l All personnel, originally kured or rehired following sepazation, in a regular employment status shall serve a one (1) year probationary period during which time the employee's fitness and ability to perform the posifion's duries and responsibilities shall be evaluated. 6.1(i} At any time during the probationary period an employee may be teiminated at tha discrerion of the Employer withaut appeal ta the provisions of Article 21 (Grievance Procedure). 6.1(2) An empioyee tenninaYed during the probationaryperiod shall recaive a written notzce of the reason(s) for such termination, a copy of whick shall be sent to the Union. - 2 - �� t�� ARTICLE 7- HOURS OF WORK 7.1 The normal wark day shall be eight (8) consecutive hours per day, exciuding a thirty (3d) minute lunch period between the hours of 6:Q0 a.m. and 6:00 p.m. 7.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 7.3 Notwithstanding Article Z 1 and 7.2, employees may tt�rough mutual agreement with the Employer, for the purpose of attending seuunars, attending conferences, attending trau�ing, or working alterna6ve schedules such as four (4) ten (10) hour days; work schedules other than schedules limited by the normal work day and work week as set forth in Article 7.1 and 7.2. The Employer and the L3nion agree that any refusal to mutualiy agree to an aitemative work schedule referenced in this Article sha11 not form the basis for reprisals against the Employer and/oz Employee. ?.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normai work day or per normal work week. 7,5 All employees shall be at the locarion designated by theix supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end � � of the established work day unless otherwise directed by their supervisor. 7.6 All employees are subject to call-back by the Employer as provided by Article 9(Call BacklCail In). 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 houriy rate, unless notificafion has been given not to report for work prior to leaving home, or during the previous work day. ARTICLE 8 - OVERTIME 8.1 Time on the payroli in excess of tlie normal hours set forth above shall be "overtime work° 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 normal hours by being �anted compensatory fvne on a tnne-and-one-half basis or by being paid on a rime-and-one-half basis for such overtime work. The basis on which such overtime shall be paid sha11 be determined solely by the Employer. 8,2 The rate of one and one-half (1.5) the hourly rate shall be the overtime rate for work performed under the following circumstances: 8.2(1) Time worked in excess of eight (8) hours in any one normal work day and; - 3 - n�-��y 8.2(2) Time worked in excess of forty (40) hours in any work week. The time � and one-haSf overtime rate shatl be based on the total rate, inciuding any premium pay, being eamed during the overtime hours worked. 8.2(3) Overtime compensation for employees working under au agreement stated in Article 7.3 shall be subject to the overtime provisions of the Fair Labor Standards Act. 8.3 For the purpose of calculating overtime compensation overtime hours worked shali not be "pyramided", compounded, or paid twice for the same hours worked. 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 nozmal work day or normal work week and after an employee has compieted a normal work day or normal work week. 9.2 Employees called in or called back shall receive a minimum of four (4) hours slraight time pay at the basic hourly rate, or shail be compensated in accordance with Article 8 (Overtime} when applicable, wluchever is greater. 9.2(1) Notwithstanding Article 9.1, employees called in four (4} hours ar less � prior to their normal work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 8 (Overtime}, 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 work locarions at the discretion of the Employer. ARTICLE 11- WAGES 11.1 The basic houriy wage rates as established by Append� C shall be paid for all hours worked by an employee. No retroactive payment shati be made to any employee who has been dischazged prior to signing of the new Agreement. Effective April 30, 2004, no retroactive payment shall be made to any employee who has terminated his/her employment prior to the signing of the new Agreement. This Article 11.1 shall not apply to temporary employees who are laid offprior to the signing of a new Agreement. - 4 - DS��g� 11.2 Regulaz, provisional and temporary employees shall be compensated in accordance with � Article 11.2 {Wages) and have fringe benafit contributions and/or deductions made in their behalf as provided for by Article 12 (k'ringe Benefits). i 13 Employees covered by this agreement aze not eligible to participate in the Public Employee Retirement Association (PERA) plan except for those employees hired prior to May i, 2001 who elected to remain under the PERA pZan pursuant to Section 353.01 subd. 2b(19) of the Minnesota Statutes. i I.4 Employees of this bargaining unit shall receive compensation for Court Duty according to the City of Saint Paul Salary Plan and Rates of Compensation, Section I(F). ARTICLE 12 - FRINGE BENEFITS 12.1 The Employer shall make contributions on behalf of andJor make deductions from the wages of empioyees covered by this Agreement in accordance with Appendix D for all hours worked. ARTICLE 13 - SELECTION OF LEAD PAINTER 13.1 The selection of personnel for the class of Lead Painter shall remain solely with the Emplayer. • 13.2 The class of Lead Painter shall be filled by employees of the bargaining unat on a "temporary assignment". 133 All "temporary assignments" shali be made only at the direction of a designated Employer supervisor. ARTICLE 14 - HOLIDAYS 14.1 The following ten (10) days shall be designated as holidays: New Year's Day, Januazy 1 Martin Luther King Day, Third Monday in 3anuary Presidents' Day, 'I'hird Monday in February Memorial Day, Iast Monday in May lndependence Day, July 4 Labor Day, first Monday in September Day after Thanksgiving, fourth Friday in November Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Christmas Day, Aecember 25 - 5 - 05�� 14.2 When New Yeaz's Day, Independence Day or Christmas Day falls on a Sunday, the � following Monday skail be considered the designated holiday. When any of these three (3} holidays fatis on a Saturday, the preceding Friday sha11 be considered the designated holiday. 143 The ten (10} fiolidays shall be considered non-work days. 14.4 If in the judgment of the Employer personnel aze necessary for operating or emergency reasons, employees may be scheduled or "called in or called back" in accordance with Article 9 (Call Back(Call In). 14.5 Empioyees assigned to work on Martin Luther King Day, Presidents' Day, Day a$er Thauksgiving or Veterans' Day shati be compensated on a straight time basis for such hours worked. 14.6 Employees assigaed to work on New Year's Day, Meinorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. A.RTTCLE 15 - DISCIPLINARY PROCEDURES 15.1 'I'he Employer shail have the right to impose disciplivary actions on employees for just canse. � 15.2 Disciplinary acrions by the Employer shall include only the following actions: 15.2(1) Oral reprimand. 15.2(2) Written reprimand. 15.2(3) Suspension. 15.2(4}Demotion. 15.2(5)Discharge. 15.3 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Board of Review. The Civil Service Commission, or a designated Board of Review, sha11 be the sole and' exciusive means of reviewing a suspension, demotion, ar dischazge. No appeal of a suspension, demorion, or discharge shall be considered a"grievance" for the purpose of processing through the provisions of Article 21 (Grievance Procedure). ARTICLE 16 - ABSENCES FROM WORK 16.1 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. - 6 - CSj � 16.2 Failure to make such norificarion may be grounds for discipline as provided in Article 15 (Disciplinary Procedures). 1b.3 Failure to report for work without notificarion Por three (3) consecutive normal work days may be considered by the Employer to be a"quit" on the part o£ the employee. ARTICLE 17 - SENIORTTY 17.1 Seniority, for the ptuposes of this Agreement, shall be defined as foliows: 17.1(1) "Master Seniority" - The length of continuous regular and probationary service with the Empioyer from the last date of employment in any and all class titles covered by this Agreement. 17.1(2) "Class Seniority" - The length of continuous zegular and probationary service with the Employer from the date an employee was first appointed to a class ritle covered by this Agreement 17.2 Seniority shall not accuxnulate during an unpaid leave of absence, except when such a leaue is granted for a period of less than thirty (34) calendar days; is granted because of � illness or injury; is granted to allow an empioyee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 17.3 Seniority shall temunate when an employee retires, resigns, or is discharged. 17.4 In the event it is determined by the Employer that it is necessary to reduce the work force, all temporazy employees shall be released prior to the layoff of permanent empioyees. Further, it is the Employer's intent that permanent employees will be laid off by class title within each Deparknent based on inverse length of "Class Seniority". Aowever, the Employer reserves the right to institute layoffs out of seniority for legifimate business reasons. "Legitnnate business reasons" shall include, but not be lunited to, retaining employees with specialized skilis, training, or experience that aze necessary for the Employer to continue ongoing operations that would otherwise be unduly hindered if such employees were not retained. The Union shall receive written notification of the legitimate business reasons. The Empioyer's exercise of this right shall nof be arbitrary or capricious. Tf the Union believes that an out-of-order layoff has occurred for an arbitrary or capricious reason, such decision may be grieved under Article 21 (Grievance Procedure.) Upon request, the parties agree to "meet and confer" to discuss any out-of- order IayofE This Article sha11 not be used in place of Articie 15 (Disciplinary Procedures) to dischazge emgloyees. Employees laid off shall have the right to reinstatement in their Department to any previously heid lower paid class title in this - 7 - as� �g� bazgaining unit, provided such employee has greater "Class Seniority° than the employee � being replaced. 17.5 The selecfion of vacation periods shall be made by class ritle based on length of "Ciass Senioriry", subject to the approval of the Employer. ARTICLE 18 - JUItiSDICTION 18.1 Disputes concenung work jurisdiction between and among unions is recognized as an appropriate subject to deternvnation by the various unions representing employees of the Employer. 18.2 The Empioyer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unians involved. 183 In the event of a dispute concerning the performance or assigament of work, the unions involved and the Employer shall meet as soon as mutually 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 zestrict the Employer's basic right to assign work. 18.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 18.2 and 18.3 above shall be subject to disciplinary acrion as provided in Article 15 (Disciplinary Procedures). � 18.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. ARTICLE 19 - SEPARATION 19.1 Employees having a probationary or regulaz employment status shali be considered sepazated from empioyment based on the following actions: 19.I(1) Resignation. Empioyees resigning from empioyment shall give written notice fourteen (14} calendaz days prior to the effective date of the resignation. 19.1(2) Discharge. As provided in Article 15. 19.1(3) Failure to Report for Duty. As provided in Article 16. 192 Employees having temporary or provisional employment status may be tarminated at the discretion of the Employer before the completion of a normal work day. ARTICLE 20 - TOOLS -a- �s- �� 20.1 All employees shall personally provide themselves with the tools of the trade as listed in AppendiY B. ARTICLE 21- GRIEVANCE PRQCEDURE 2L1 The Employer shall zecognize the Steward selected in accordance with Union ruies and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the name of the Steward and of his(her successor when so named. 21.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working houts only when consistent with such employee duries and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed duruig working hours, provided the Steward and tlae employee have notified and received the approvai 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. 213 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article 15.3, for the processing � of grievances, which are defitted as an alleged violation of the terms and conditions af this Agreement. 21.4 Crrievances shall be resolved in con£ormance with the following procedure: 5tep 1. Upon the occurrence of an alleged violation of tlus Agreement, the employee involved sha11 attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the empioyee`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 violarion of the Agreement not reduced to writing by the Union within seven (?) calendaz days of the first occunence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a designated Employer supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of ttus meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3} calendar days following tYus meeting, The Union - 9 - vS �t,g`� may refer the grievance in writing to Step 3 within seven (7} calendar days � following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven {� calendar days following receipt of the Employer's answer shali be considered waived. Step 3. Within seven (7) calendar days following receipt of a gievance referred from Step 2 a designated Employer supervisor sha11 meet with the Union Business Manager or his desigaated 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 conceming the grievance. If, as a result of the written response the grievance remains unresolved, the Uruon may zefer the grievaace to Step 4. Any grievance not referred to in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answzr shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within sevea (7} calendar days after the response of the Emplayer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutuai agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parEies Fail To mutually agree upon an arbitrator within the said seven ('� day period, either party may request the Bureau of Mediation Services to submit a panai of five (5) � azbitrators. Both the Employer and the Union sha11 have the right to strike two (2} names from the panel. The Union shall strike Yhe first (ist} name; the Employer shall then strike one (I) name. The process will be repeated and the remaining person shail be tiie arbitrator. 21.5 The azbitrator shall have no right to amend, modify, nullify, ignare, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide oxily 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 shall be without power to make decisions contrary to or inconsistent with oz modifying or varying in any way the application of laws, rules or regu2ations having the force and effect of law. Tlze arbitrator's decision shall be submitted in writing within tiurty (30} days foltowing 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 soleiy on tke arbitrator's interpretation or application of the express terms of this_Agreement and to the facts of the grievance presented. The decision of the azbitrator shall be final and binding on the Employer, the Union and the employees. 21.6 The fees and expenses for the azbitratar's services and proceedings shatl be bome equally by the Employer and the Union, provided that each parry shall be responsible for compensating its own representative and witnesses. If either party cancels an azbitration - 10 - �5- l�� hearing or asks for a last minute postponement that leads to the arbitrators maldng a charge, the canceling pariy or the pariy asking for the postponement shall pay this chazge. 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. 21.7 The time limits in each step of Uus procedure may be extended by mutual agreement of the Employer and the L7nion. ARTICLE 22 - RIGHT OF SUBCONTRACT 22.1 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 £orce covered by this Agreement, the Employer shali give the Union a ninety (90) calendaz day notice of the intention to sub-contract. 22.2 The sub-contracting of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 23 - NONDISCRIMINATIl3N 23.1 The terms and condirions of this Agreement wiil be applied to empioyees equally without . regazd to, or discrimination for or against, any individuai because of race, color, creed, sex, age, disability or because of inembership or non-memberslvp in the t3nion. 23.2 Employees will perform their duries and responsibilities in a non-discriminatory manner as such duties and responsibilities anvolve othez employees and the general public. ARTICLE 24 - SEVERABILITY ?ll.l In the evettt that any provision(s) of tUis Agreement is declared to be contrary to law by proper lea slarive, administrative, or judicial authority from whose finding, deternunation, or decree no appeal is taken, such provision(s) shall be voided. Al] other provisions shall continue in full force and effect. 24.2 The parties agree to, upon written notice, enter into negotiations to piace the voided provisions of the Agreement in compliance with the legislative, admuustrative, or judicial detetmination. ARTICLE 25 - WAIVER 25.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportlurity to make proposals with respect to any subject concerning the terms and conditions of employment. The - il - OS- ��1 agreements and understandings reached by the parties after the exercise of this right are � fully and completely set forth in this Agreement. 25.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the other parry shall not be obligated to meet and negotiate over any term or conditions of employment whether specifically covered or not specificaliy covered by this Agreement. The Union and Employer may, however, mutualiy agree to modify any provision of tlus Agreement. 25.3 Any and a11 prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the tenns and conditions of employment, to the extent they are inconsistent wifh this Agreement, are heraby superseded. ARTICLE 26 - CITY MTLEAGE 26.1 Automobile Reimbursement Authorized: Chapter 33 of the Saint Paul Administrative code shall be superceded for members of this bazgaining unit by this articie. 262 Method of Computarion: To be eligible for such reimbursement, all officers and empioyees must receive writfen authorization from the Departtnent Head. When an employee is required to use his/her pezsonal automobile to conduct authorized City business, the City shall reimburse the employee at the then current Federal I.R.S. � mileage reimbursement rate on the most direct route. 26.3 The City will provide parking at a location and manner of the Employer's choice within a reasonable distance of the work site for City employees on the above metttianed reimbursement plaa who are required to have their personal car 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 auaiJable. ARTICLE 27 - DIJRATTON AND PLEDGE 27.1 Except as herein provided, this Agreement shall be effective as of the date it is executed by the parties and shall continue in full force and effect thmugh Apri130, 2007 and thereafter untii modified or amended by mutual agreement of the parties. If either party desires to terminate or modify tius Agreemant, effective as of the date of expiration, the pariy wishing to modify or terminate the Agreement shall give rvritten notice to the other party, not more than ninety (90) or less than s'vcty (60) calendar days prior to the expiration date, provided, that the Agreement may only be so terminated or modified effective as of the expiration date. 27.2 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein established is the - 12 - \J � 05-4�`� means by which g conceming its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: � � 272(1) The Union and the employees wili not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, siow down their work, or absent themselves in whole or part from the full, faithful performance of their duries of employment. 27.2(2) The Employer will not engage in, instigate, or condone any lock-out of employees. 27.2(3) This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administrarion of the Ciry, the City Council and is also subject to ratification by the Union. AGREED to this 17"' day of February, 2005 and attested to as the full and complete understanding of the parties for the period of time herein specified by the sia ature of the following representative for the Empioyer and the Union: W ��./ S � v � �\. !� Steven Barrett Human Resources 5peaialist � son Schmi Labor Relations Manager r/ �,��,_--- ef ett Businass Representative - 13 - ps-�$� � APPENDIX A The classes of positions recognized by the Employer as being exclusively represented by the Union aze as follows: Lead Painter Painter Apprentice and other classes of positions that may be established by the Empioyer where the duties and responsibilities assigned are deternvsted by the Bureau of Mediation Services to be appropriately represented by this bazgaining unit. . - A1 - o �-�g� �AP�'ENDTX C The hasic hourly wage rate for regular employees appointed to the foliowing classes who participate in PERP. sha11 be: Effective St5104 (Orclosestpayperiod) Painter Lead Painter $26.20 $27.15 Effective 5(1(OS (Orclosestpayperiod) Effective 5/1106 (Or closesi payperiod) *�K �:� The basic hourly wage rate for temporary, regular and prabationary employees appointed to the following classes who are not participating in PSRA shail be: Effective 5i1/04 (Orciosestpayperiod) r Painter I.ead Painter $27.65 �'. : � . Effective S/i/OS (Orclosestpayperiad) * Effective 5/1/06 �or Cios�t ��;oa> *� :�* * Effective 5/1/OS (or closest pay period) an additional $1.55 per hour increase wi11 be added to the total package. The parties will a�ee prior to that date as to the distribution of the increase between wages and fringes. This amount will be decreased by any increase in the tndushy Promotion Fund. **Effecfive S/ll06 (or closest pay period) an adtlitional $1.50 per hour increase will be added to the total package. The parties wili agree prior to that date as to the distribution of the increase between wages and fringes. This amount w311 be decreased by any increase in the Tndustry Promotion Fund. In the event that the Union elects to have the fiinge benefit contributions made by the Empioyer increased during the contract period, the basic houriy wage rates sha11 be reduced by the amount of such increase. When perforn�ing the following types of work, the rate of pay shall be seventy-five cents ($.75) per hour over . he basic hourty wage rate for any class covered by this A�eement: - Ci - - San�b�iasting; swing-stage worTc, erecf� sirucfural steel skelefon work, work, O,S 4 exterior work where safety belt or wmdow jacks are used, spray pazntang, for applicauon of materials over 50% creosote, and for application of all two component epoxy materials. , The Employer agrees to pay $30.00 towazd the cost of a pair of safety shoes purchased by an empioyee who is � member of tivs unit. The Employer sha11 contribute toward the cost of one pair of shoes per cantract year and shall not be responsible for any additional cost for any additional shoes thereat�er. The reimbuzsement of ___$3Q.DQ shall be made o�i_y_after in_v_estigarion and agpro_v_al by the__immediate supervisor of that employee,_ This_ $30.00 Employer contribution sha11 apply only to those employees who are required by the Employer to wear protective shoes. � - C2 - ��.��;�� o 5-��a EffeEtive May 1, 2004, for regular and probafionary employees, the Employer sha11: `(1) contribute to a designated Heaith and Welfare(Dental Fund $4.55 per hour for all hours worked by employees covered by this Agreement. �2) (3) (4) (5) contribute to a Pension F�nd $6.55 per hour for all hours worked by employees covered by this Agreement. deduct $1.50 per hour from which payroll deductions have been made for all hours worked by employees covered by tkus Agreement, to a Vacation Fund. contribute to an Apprenticeship Training Fund $0.28 per hour for all hours worked by employees covered by this Agreement. deduct $015 per hour from which payroli deductions have been made for all hours worked by employees covered by this Agreement, to a Window Dues Fund. Effective May l, 2004, for all temporary empioyees, the Employer shail ti) • t2) t3) contribute to a designated Health and Welfare(Dental Fund $4.55 per hour for all hours warked by employees covered by this Ageement. contribute to a Pension Fnnd $6.50 per hour for ail hours worked by employees covered by this Agreement. deduct $1.50 per hour from which payroll deductions have been made for all hours worked by employees covered by this Agreement, to a Vacation F�nd. (4} contzibute to an Apprenticeship Training F�nd $0.28 per hour for all hours worked by employees covered by this Agreement. (5) deduct $0.15 per hour from which payroll deductions have been made for all hours worked by employees covered by this Agreement, to a Window Dues Fnnd. The EMPLOYER shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Employees covered by this Agreement shall not be governed by nor be eligible for, the accumulation of vacarion, sick leave, holiday, funeral leave, jury duty, ar insurance fringe benefits that are or may be established by Civil Service Rules, Council Ordinance or Counci] Resolution. The Employer's fringe benefit obligation to empioyees is limited to the contributions andlor deductions :stablished by this Agreement. 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