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05-743► Council File # � Green Sheet # �a1 RESOLUTION SAINT PAUL, MINNESOTA Presented , RESOLVED, that the City Council of the City of Saint Paul hereby approves and ratifies the attached May 1, 2005 through Apri130, 2008 Maintenance Labor Agreement between the City of Saint Paul and the Sheet Metal Workers International Associatioq Local 10. Yeas Na s Absent Benanav � Bostrom f Harris J Helgen f Lantry � Montgomery ✓ Thune � D 1 AdoptedbyCouncil: Date�u�u,S"f ��� ��d� Ado By: App By: Requested by Department of: Human Resources By: Form Approved y Ci Attomey � ay: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � � M_'t�.t � Deparlmentloffice/council: Date Initiated: r "� � Hu H��� �-A�� Green Sheet NO: 3027603 ConWct Person & Phone• Deoartrnent SeM To Person InitiallDate JasonSchrtiidt � 0 mnanResomces 266-65�3 .45sign 1 mnanResom+ces De entD'ae�dor i�� Must Be on Council Agenda by (Date): Number 2 • Attom For Ronting 3 a oYs Office Ma or/Assis�nt Order 4 omnl 5 ' CRerk ' Qerk Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: . Resolution approvingthe attached May 1, 2005 - Apri130, 2008 Maintenance Labor ABreement between the City of Saint Paul and the Sheet Metal Workers Internalional Associarion, Local 10, Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following questions: Planning Commission 1. Has this personffirm ever worked under a contrect for this department7 CIB Committee Yes No Civil Service Commission 2. Has this personlfirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normalty possessed by any cunent city employee? Yes No Expiain all yes answers on separate sheet and attach to green sheet Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why�: The Maintenance Labor Agreement expired on Apri130, 2005. Advantages If Approved: There would be a Maintenance Labor Agreement in place through April 3Q 2008. , _ - , .rn Disadvantages If Approved: �" ' " None. AU6 1 0 24QJ Disadvantages If Not Approved: No labor agreexnent in place. Labor unrest. Total Amount of Transaction: Cost/Revenue Budgeted: - Funding Source: Activity Number: Pinanciallnformation: (Explain) �-�'�3 ATTACHNIENT TO THE GREEN SHEET COLLECI'IVE BARGAINING AGREEMENT WITH SHEETMETAL VVORKERS INTERNA'ITONAL ASSOCIATION LOCAL 10 Below is a summary of the changes in the Collective Bargaining Agreement betcveen the City of Saint Paul and Sheetmetal Workers International Association Local No. 10. Duration• May l, 2005 through Apri130, 2008. Wages: The City agreed to the outside prevailing wage rate for each of the next three years. Mileage• Agreed to move to the Federal IRS rate for mileage reimbursement. Agreed to a change in language providing far greater fle�bility in detemuning parking locations for employees. Promotion Rule: Agreed to waive promotion rights for employees and job classifications in this bazgaining group. This has minimal impact. Hiring for trade positions is done primarily through the Union ha11. Other LanQUa¢e Changes: Other language changes are of a housekeeping nature for clarification and clean up. G\Shared�L.RCOMMO7�CONTRACTVSHTMETL�2002\greensheetattch.wpd � p5 ��t3 - between - � � � � � " � . �_ �THE CITY OF SAINT PAI7L � - � � � � " ���-� � . � � � � � � � � � � - �� � � _ " _ _ ,�and�- , � ° , . � = - � � � � � � � � �� . ��HEET �METAL �VORKERS ' � - " � � �� _� , , INTERNATIpNP�I� �SSOCTATION �. � , . , - . : � , LOCAL 18 .- � - ,�. �-, � �__ � � �._ � � MAY 1, 2005 - APRII, 30, 2008 MAIN'TEI�TANCE I:ABOR AGREEIVIENT 65-7 �3 � r �J � ARTICLE 1 2 3 4 5 6 � g 9 10 11 12 13 14 15 TITLE INDEX Preamble ........................................................... PAGE .. lll Purpose ......................................................................................................... l Recognition ..................................................................................................1 Employer ...........:..............................................................................1 Union Rights ................................................................................................2 Scope Agreement .....................................................................................2 Probarionary Periods ........................................... Phiingnrh� nfFmr�71n1mnPnt Wnli f nmrPy�at��n Hours of Work .................................................... Overtime ............................................................. Ca11 In/Call Back ................................................. .........................2 ......................... � .........................3 .........................4 .........................5 Work Location, Residency ...........................................................................5 Wages...........................................................................................................5 Fringe Benefit ..............................................................................................6 Selection of Lead Sheet Metal Worker ........................................................6 Holidays .......................................................................................................6 16 Disciplinary Procedures ............................................... 17 Absences From Work .................................................. 18 Seniority ....................................................................... 19 Jurisdiction ................................................................... 20 Separation .................................................................... 21 Tools ...................................................................:........ 22 Grievance Procedure .................................................... 23 Right of Subcontract .................................................... 24 Non-Discrimination ..................................................... 25 Severability .................................................................. 26 27 28 ..................7 ..................8 ..................8 ..................9 ..................9 ................10 ................10 ................12 ................12 ................12 Waiver ........................................................................................................13 City Mileage Plan .......................................................................................13 Duration Pledge ...................................................................................14 Appendi A ...............................................................................................Al Appendix ............................................................................................... B 1 Appendix ...............................................................................................Cl Appendix ...............................................................................................Dl 05-� �l3 �J PREAMBLE This Agreement is entered into between the City of Saint Paul, hereinafter referred to as ffie Employer and the Sheet Metal Workers Intemational Association Local 10 hereinafter referred to as the Union. The Bmployer and the ITnion concur that this Agreement has as its obj ective the � � promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. The Employer and the Union both realize that this goal depends not only on the words in the Agreement but rather primarily on attitudes between people at all levels of responsibility. Construcrive attitudes of the City, the Union, and the individual employees will best serve the needs of the general public. 111 4 5-7 �f � s ARTICLE 1- PURPOSE 1.1 The Employer and the Union agree 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 highest level of employee perFormance that is consistent with the safety and well-being of all concemed; 1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; 1.1(3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. � � 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislarion that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shall prevaii. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as pmvided by Article 25 (SEVERABILTTI�. ARTICLE 2 - RECOG1vITION 2.1 The Employer recognizes the Union as the exclusive representative for collecrive bargaining purposes for ail personnel hauing an employment status of regulaz, probationary, provisionai, and temporary employed in the classes of positions defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-513-A dated May 15, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to detexmine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the ntunber of personnel; and to perform any inherent managerial function not specifically 1'united by this Agreement. 3.2 Any "term or condition of employment" not established by this Agreement shali remain with the Employer to eliminate, modify, or establish following written notification to the Union. '" 1 �" d5-�4� ARTICLE 4 - UPTION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1(1) The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. 4.I(2) The IInion shall indemnify and save hatmless tfie Employer from any and all ciaims or charges made against the Employer as a result of the implementation of this Article. 4.2 The Union may designate one (1) employee from the bazgaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 22 (GRIEVANCE PROCEDURE). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the iJnion, or his designated representative shall be permitted to enter the facilities of the Employer where employees covered by this Agreement aze working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "ternis and conditions of employment" defined by M.S. 179.63, Subd,18 for all employees exclusively represented by the Union. This Agreement sha11 supersede such "terms and conditions of empioyment" estabiished by Civii Service Rule, Council Ordinance, and Council Resolution. 5.2 Employees represented by this agreement aze covered by the Civil Service Rules with the exception of those rules pertaining to preference in promotion as related to Secrions 8 and 14. ARTICLE 6 - PROBATIONARY PERIODS 6.1 A 11 personnel, originally hired or retrired following separation, in a regular employment status shall serve a six (6) month probationary period during which time the employee's fitr�ess and ability to perform the position's duties and responsibilities shall be evaluated. 6.1(1) At any time during the probationary period an empioyee may be terminated at the discretion of the Employer without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE). s � s �" Z '" C35 -143 � ARTICLE 6 - PROBAT'IONARY PERIODS (Continued) 6.1(2) An employee terminated during the probarionary period shall receive a written norice of the reason(s) for such termination, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher class shall serve a six month promorional probationary period during which time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.2(1) At any time during the promotional probarionary period an employee may be demoted to the employee's previously held class at the discrerion of the Employer without appeal to the provisions of Article 22 (GRIEVANCE PROCEAURE). 6.2(2) An employee demoted during the promotional probationary period shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union, and the employee shall be retumed to his/her previously held class. ARTICLE 7- PffiLOSOPFIY OF EMPLOYMENT AND COMPENSATION s �.1 7.2 73 � The Employer and the Union aze in full agreement that the philosophy of employment and compensation shail be a"cash" hourly wage and "industry" fringe benefit system. The Employer shall compensate employees for all hours worked at the basic hourly wage rate an hourly fringe benefit rate as found in Articles 12 (WAGES) and 13 (FRINGE BENEFTTS). No other compensation or fringe benefit shali be accumulated or earned by an employee except as specifically provided for in this Agreement. ARTICLE 8- HOURS OF WORK :�1 � The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period between 7:00 a.m. and 7:00 p.m. The normal work week shall be five (5) consecutive normal work days. �" 3 '" 0�=i�3 ARTICLE 8- HOURS OF WORK (Continued) 8.3 This section shall not be consirued as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 8.4 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless othenvise directed by their supervisor. 8.5 All employees aze subject to cail-back by the Employer as pmvided by Article 10 (CALL IN/CALL BACK). 8.6 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. ARTICLE 9 - OVERTIME 9.1 All overtime compensated for by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the time cazd, unless the required advance approval has been obtained. 9.2 93 The overtime rate of one and one-half (1.5) the basic hourly rate sha11 be paid for work performed under the following circumstances: 9.2(1) Time worked in excess of eight (8) hours in any one normal work day and 9.2(2) Tnne worked on a sucth (6th) day following a normal work week. The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the following circumstances: 9.3(1) Time worked on a holiday as defined in Article 15 (HOLIDAYS); 9.3(2) Time worked on a seventh (7th) day following a normal work week; and 9.3(3) Tune worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour period, provided, that all "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (1.5), '" 4 '" 1 , \. J � � Qs-�y3 � \J � ARTICLE 9 - OVERTIlVI� (Continued) o- 9.5 For the purposes 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 Azticle shall be paid in cash or in compensatory time as determined by the Employer. ARTICLE 10 - CALL IN/CALL BACK 10.1 The Employer retains the right to cali in or call back employees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 10.2 Empioyees called in or called back shall receive a m;n;mum of four (A) hours straight time pay at the basic hourly rate or shall be compensated in accordance with Article 9 (OVERTIME), when applicable, whichever is greater. 10.2(1)Notwithstanding Article 10.2, employees called in four (4) hours or less prior to their normal work day sha11 complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME). ARTICLE 11 - WORK LOCATION, RESIDENCY 11.1 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 locations at the discretion of the Employer. 11.2 The resolution pertaining to residency approved July 26, 1979, under Council File No. 273378 shall appiy to all employees covered by this Agreement. ARTICLE 12 - WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Provisional and temporary employees shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 13 (FRINGE BENEFTTS). '" 5 '" OS-'t 4�3 ARTICLE 13 - FRINGE BENEFTTS 13.1 The Employer shall make contributions on behalf of ancUor make deducrions from the wages of employees covered by this Agreemeat in accordance with Appendix D for all hours worked. 13.2 Provisional, probationary and regulaz employees shall be eligible for a paid holiday for Labor Day, the first Monday in September in accordance with the Saint Paul Sa1ary Plan and Rates of Compensation. ARTICLE 14 - SELECTION OF LEAD SHEET METAL WORi�R 14.1 14.2 The selection of personnel for the class Lead Sheet Metal Worker shall remain solely with the Employer. The class Lead Sheet Metal Worker shall be filled by employees of the bargaining unit on a "temporary assignmenY'. 143 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 position is vacant for more than one (1) normal work day. ARTICLE 15 - HOLIDAYS 15.1 The following ten (10) days shall be designated as holidays: New Yeaz's Day, January 1 Martin Luther King Day, Third Monday in January Presidents' Day, Third Monday in February Memorial Day, Iast Monday in May Independence Day, July 4 Labor Day, first Monday in September Vetarans` Day, November 11 Thanksgiving Day, fourth Thursday in November Day Af�er Thanksgiving, £ourth Friday in November Christmas Day, December 25 15.2 Wfien New Yeaz's Day, Independence Day or Christrnas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. � n � �J '"6" G15 -7y3 � � � ARTICLE 15 - HOLIDAYS (Continued) 153 The ten (10) holidays shall be considered non-work days. 15.4 If, in the judgment of the Employer, personnel aze necessazy for operating or emergency reasons, employees may be scheduled, "called in" or "called back" in accordance with Article 10 (CALL IN/CALL BACK). 15.5 Employees assigned to work on Martin Luther King Day, Presidents' Day, V eterans' Day or the Day After Thanksgiving sha11 be compensated on a straight time basis for such hours worked. 15.6 Employees assigned to work on New Year's Day, Memorial Day, Independence Day, Thanksgiving Day or Christmas Day shali be compensated at the rate of two (2) times the basic hourly rate for such hours worked. 15.7 Employees working on Labor Day shall be recompensed for work done on this day 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 hours worked, in addition to the employee's regular holiday pay. ARTICLE 16 - DISCIPLINARY PROCEDURES 16.1 The Employer shall have the right to unpose disciplinary actions on employees for just cause. 16.2 Disciplinary actions by the Employer shall inciude only the following actions: 16.2(1) Oral reprimand 16.2(2)Written reprimand 16.2(3) Suspension 16.2(4)Demotion 16.2(5)Discharge 16.3 Employees who aze suspended, demoted, or discharged shall have the right to request that such ac6ons be reviewed by the Civii Service Commission. The Civil Service Commission shali be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appeal of a suspension, demotion, or discharge shall be considered a "grievance" for the purpose of processing through the provisions of Article 22 (GRIEVANCE PROCEDURE). ��� 05-7�3 ARTTCLE 17 - ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal work day ha�e the responsibility to notify their supervisor bf such absence as soon as possible, but in no event later than the beginning of such work day. 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (DISCIPLINARY PROCEDURES). 17.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a"quiY` by the Employer on the part of the employee. ARTICLE 18 - SEI�IORIT'Y 18.1 Seniority, for the purposes of this Agreement, sha11 be defined as follows: 18.1(1)"Master Seniority" - the length of continuous regular and probationary service with the Employer from the last date of employment in any and all class titles covered by this Ageement. 18.1(2)"Class Seniority" - the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a class title covered by this Agreement. 182 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of Iess than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointrnent to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 1&3 Seniority shall terminate when an employee retires, resigns, or is discharged. 18.4 - In the event it is determined by the Employer that it is necessary to reduce the work force a11 temporary employees shall be released prior to the layoff of permanent employees. Further, it is management's intent that permanent employees will be laid offby class title within each Department based on ittverse length of "Class Seniority." However, managtnent reserves the right to institute layoffs out of seniority order for legitimate business reasons. ManagemenYs exercise of this right shall not be azbitrary or capricious. Ifthe Union believes that an out-of-order layoffhas occurred for an azbitrary or capricious reason, such decision may be grieved under Article 22. Empioyees of the bargaining unit remain covered by all other City of Saint Paul Civil Service Rules. 18.5 The selection of vacation periods sha11 be made by class title based on length of "Class Seniority", subject to the approval of the Employer, � � � �g� �'�`�3 � ARTICLE 19 - .TURISDICITON 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subj ect for determination by the various unions representing employees of tl�e Employer. 19.2 The Employer agees to be guided in the assignment of work jurisdicrion by any mutual agreements between the unions involved. 193 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Employer shail meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clarified by Secrions 19.2 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, slow down, or any disruption of work resulting from a work assignment. � ARTICLE 20 - SEPARATION 20.1 Employees having a probationary or regulaz employment status shall be considexed separated from employment based on the following actions: 20.1(1)Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.1(2)Dischazge. As provided in Article 16. 20.1(3)Failure to Report for Duty. As provided in Article 17. 20.2 Employees having a temporary, or provisional employment status may be temunated at the discretion of the Employer before the completion of a normal work day. � " 9 '" OS-743 ARTICLE 21- TOOLS 21.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. ARTICLE 22 - GRIEVANCE PROCEDURE 22.1 The Employer sha11 recognize the Stewazd selected in accordance with Tlnion rules and regulations as the grievance representative of tke bargaiuing unit. The Union shall notify the Employer in writing of the name of the Stewazd and of his/Yter successor when so ttamecl. 22.2 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 accomnlished during working hours 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 during worldng hours, provided, the Stewazd and the employee have notified and received the appmval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs o£ the Employer. 223 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary acrion as provided by Article 163, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 22.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the Union. The written grievance shatl set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or witbin the use of reasonable diligence should have had Imowledge of the first occunence of the event giving rise to the grievance, shall be considered waived. Step 2. Withiu seven (7) calendar days after receiving the written grievance a designated Employer supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendaz days fol2owing this meeting. Tfie Union may refer the � � � '" 10 '" Q5-7�3 � ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) grievance in writing to Step 3 within seven ('� calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven ('� calendaz days following receipt of the Employer's answer shall be considered waived. Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated Employer supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (� calendaz days following this meeting the Employer shall reply in writing to the Union stating the Employer's answer coacerning the grievance. If, as a result of the written response the grievance remains twresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendaz days following receipt of the Empioyer's answer shall be considered waived. � Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request azbitration of the grievance. The arbitration proceedings sha11 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 mulually 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 sirike two (2) names from the panel. The Union shali strike the first (ist) name; the Employer shall then shike one (1) name. The process will be repeated and the remaining person shall be the azbitrator. 22.5 The azbitrator shall have no right to amend, modify, nuilify, ignore, add to, or subtract from the provisions of this Agreexnent. 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 varyuig in any way the applicarion of laws, rules, or regulations hauing the force and effect of law. The arbitrator's decision sha11 be submitted in writing within thirry (30) days following close of the hearing or the subxnission of briefs by the parties, wluchever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or applicarion 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. � v 11 � t�5-�43 ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) 22.6 The fees and eapenses 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 represenYative an@ witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 22.7 The time lixnits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. ARTICLE 23 - RIGHT OF SUBCONTRACT 23.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting wouid result in a reduction of the work force covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day notice of the intention to subcontract. 23.2 Tfie subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24 - NON-DISCRIlVIINATION 24.1 The ternvs and conditions of this Agreement will be applied to employees equally without regatd to, or discrimination for or against, any individual because of race, color, creed, sex, age, or because of inembership or non-membership in the Union. 24.2 Employees will perform their duties and responsibilities in a non-dis�*n�natory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 25 - SEVERABILITY 25.1 In the event that any provision(s) of this Agreement is declazed to be contrary to law by proper legislarive, administrative, or judicial authority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. AlI other provisions shail continue in full force and effect. 25.2 The parkies agree to, upon written notice, enter into negofiations to place fhe voided provisions of the Agreement in compliance with the legislative, administrative, or judicial determination. �" 12 '" \J �� � p5 -7y3 • ARTICLE 26 - WAIVER 26.1 The Employer and the Union aclmowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opporiunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understanclings reached by the parties after the exercise of this right aze fully and completely set forth in this Agreement. 26.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the other patty shail not be obligated to meet and negotiate over any term or conditions of employm ent whether specifically covered or not specifically covered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and nzles or regulations regazding the terxns and conditions of employment, to the extent they are inconsistent with this Agreement, aze hereby superseded. ARTICLE 27 - CITY MII.EAGE • 27.1 Automobile Reisnbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and exnployees far the use of their own automobiles in the performance of their duties, the following provisions are adopted. 27.2 Method of Computation: To be eligible for such reimbursement, all officers and empioyees must receive written authorization from the Deparhnent Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. In addifion, the employee shall be reixnbursed $0.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative deternunes that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reunbursed at the rate of $0.20 per mile driven and shall not be eligible for any per diem. • '"13� 0�5�7�t3 ARTICLE 27 - CITY MILEAGE (Continued) Type 2. If an employee is required to use his/her own automobile REGiTLARI.'Y durina employment, the employee shall be reimbursed at the rate o£ $4.00 per day for each day o£ work In addition, the employee sha11 be reimbursed $0.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head oz desi�ated representative deternunes that an employer vehicle is available for the employee's use but the empioyee desires to use lus/her own automobile, then the employee shall be reimbursed at the rate of $020 ger mile driven and shall not be eligibie for any per diem 273 The City will provide off street pazking at a location and manner of the employer's choice within a reasonable distance of the work site for City employees on either of the above mentioned types of reimbursement plans who aze required to have theit personal car available for City business. Such pazking will be provided only for the days the employee is required to have his or her own personal caz available. � 27.4 Effective October 1, 2005, employees of tlus bargaining unit shall receive the current IIZS mileage reimbursement rate. All other mileage reimbursement plans referenced in Article 27 shall not apply. • ARTICLE 28 - DURATION AND PLEDGE 28.1 Tlus Aa eement shall become effective as of May 1, 2005, except as specifically provided otherwise in this Agreement, and shall remain in effect through the 30th day of April 2008, and continue in effect from year to yeaz thereafter unless notice to given to change or to terminate this agreement. Reiroactive pay adjustments shall apply to all employees of the bargaining unit who aze active employees on the date of signing of the agreement except those who have been terminated for cause. 28.2 If either pariy desires to ternunate or modify this Agreemettt, effective as of the date of e�iration, the party wishing to modify or teiminate the Agreement shall give written notice to tke othez party, not more tkan ninety (90) or less tkan sixty (b0) calendar days prior to the e�cpiration date, provided, that the Agreement may only be so terminated or modified effective as of the e�iration date. �" 14 �" • G1S-743 . ARTICLE 28 - DURATION AND PLEDGE (Continued) 283 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances concerning its appiicarion or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 283(1)The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole ar part from the full, faithful performance of their duties of employment. 283(2)The Employer will not engage in, instigate, or condone any lock-out of employees. 283(3)This consritutes a tentative agreement between the parties which will be recommended by the Director of Labor Relations, but is subject to the approval of the Administration of the City, the City Council and is also subject to ratification by the Association. Agreed to this � day of August, 2005 and attested to as the full and complete � understanding of the parties for the period of time herein specified by the signature of the following representative for the Employer and the Association: FOR THE CITY OF ST. PAUL SHEET METAL WORKERS INTERNATIONAL A�OCI 10 � ,LOCAL ason Schm Labor Relations Manager 9 ames Volimer Labor Relations Specialist � Business �-�43 � APPENDIX A The classes recognized by the Employer as being exclusively represented by the Union are as follows: Senior MechanicalInspector-Sheet Metal L,ead Sheet Metal Worker Sheet Metal Worker Apprentice Sheet Metal Inspector; and other classes that may be established by the Employer where the duries and responsibilities assigned come within the jurisdiction of the Union. � � a5-7y3 � APPENDIX B Tool Box Whihiey, Small Crescent Wrench or set of Open End Wrenches Center Punches Hacksaw Frame Chisels , Small Hand Tongs 6' Foiding Rule Screw Driver Scratch Awls Pliers Snips, Straight-aviarion L and R Hauuuers (Tinners) � Doliy Baz Combination Square Prick Punch 10' Tape Dividzrs � '" 1 '" 0 5 7y3 � � � APPENDIX C The basic hourly wage rate for temporary employees appointed to the following classes shall be: Sheet Metal Worker Lead Sheet Metal Worker Sheet Metal Inspector lst Step 2nd Step Senior Mechanical Ixispector-Sheet Metal Effective OS(Ol/OSrm a��c navroll pe[iodl $35.03* $36.93* $35.98* $36.93* $37.88* The basic hourly wage rates for temporary employees whose length of service and earnings require that they be subject to Public Employees Retirement Association (PERA) contributions sha11 be the temporary rate divided by 1.0553 effective January i, 2002. This rate is subject to fiuther increase or decrease by the State of Minnesota. The basic hourly wage rate for provisional, regulaz, and probationary employees appointed to the following classes shall be: Sheet Metal Worker Lead Sheet Metal Worker Sheet Metal Inspector lsf Step 2nd Step Senior Mechanical Inspector-Sheet Metal Effective OS/Ol/O$(or c�osest navrollneriodl ' $31.14** $32.82** $31.98** $32.82** $33.67** '" 1 '" � �43 APPENDIX C (Continued) Effective May 1, 2006 (or closest payroll periad), there wiIl be an addifional $1.90 per hour increase added to the total package. The parties will agree prior to that date regarding the distribution of the $1.90 between wages and fringes. This amount will be decreased by any increase in industry funds. Effective May 1, 2007 (or closest payroll period), there will be an additionat $1.95 per hour increass added to the total package. Tlze parties will agree prior to that date regarding the distribution of the $1.95 between wages and fringes. This aznount will be decreased by any increase in industry funds. This rate includes the $2.25 taxable Credit Uttion deduction. ** Effective Apri126, 1997, this rate includes the above ta�cable deductions in addition to 72 hours of paid holidays and 160 hours of paid vacation per fiscal yeaz. Vacation cany over shall be gaid in accordance with Section I H of the Saint Paul Salazy Plan and Rates of Compensation. Vacarion must be approved by the Head of the Department. After appearing on the payroll for 1040 hours in the first step, an employee m the Sheet Metal Inspector classification may be granted a wage increase to the second step. If the Union elects to have the contdbutions listed in Append'uc D increased or decreased, the Employer may adjust the above applicable rates for participating employees in such a way that the total cost of the package (wage rate plus contriburions) remains constant. '" Z � � � � d5-7Y3 APPENDIX D � Effective May 1, 2005 (or closest pay period) the Employer shall: (1) conhibute to a Welfaze Fund $5.70 per hour for all hours worked by participating employees as defined in Articles 12.3,12.4 and 12.5 of this Agreement. (2) contribute to a Local Pension Fund $2.53 per hour for all hours worked by participating employees, as defined above. (3) contribute to a National Pension Fund $2.06 per hour for all hours worked by participating empioyees, as defined above. (4) deduct and forward to a Vacarion Fund $2.25 per hour for all hours worked by garticipating employees, as defined above. (5) conhibute to the Joumeyman and Apprenticeship Training Fund $0.47 per hour for all hours worked by participaring employees, as defined above. (� contribute to the Narional Scholarship & SMOffi Fund $0.03 per hour for all hours worked by participating employees, as defined above. � (7) deduct and forward to the Supplemental Pension Fund $3.72 per hour for all hours worked by participating employees, as defined above. (8) contribute to a Labor Management Fund $0.06 per hour for all hours worked by participating employees. - (9) contribute to the NTF/NEMI fund $0.41 per hour for all hours worked by participating employees. The Employer will not make the above conhibutions for Holidays or vacation. The above contributions may be increased or decreased as long as the applicable hourly rates in Appendix C for participating employees are decreased or increased by the same total amount. All contributions and deductions made in accordance with trus Appendix shall be forwarded to depositories as directed by the Union. The Employer shall establish Workers' Compensation and i7nemployment Compensation prograzns as required by Minnesota Statutes. The Employer's fringe benefit obligation to employees is limited to the contributions and(or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibiliry of the Trustees of the various funds to which the Employer has forwazded contriburions and/or deductions. � '" 1 '"