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06-782Council Fyle # D6 _ 7 � 02, Green Sheet #�D�� JD l RESOLUTION �v OF S�NT PAUL, MINNESOTA Presented by 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 May 1, 2006 through Apri130, 2009 Collective Bargaining Agreement between the City of Saint Paul and 3 the International Brotherhood of Elechical Workers, I.ocal 110. � Yeas � Nays � Absent � Requested by Department of: Benanav � ✓ � Form Approved�y City B � � Adopted by Council: Date P/y�l�e� �,�7� Adoption Cer[ified by Co Se tary Form Approv b Ma o• for Submis a n to Council BY� ��/✓i✓r,� J���/�S�'ii By: Approve y a ate �'— �y'�j� By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � f1G eparhnenLoffice/coundl: Date Initiated: � u-���o,� ��A� Green Sheet NO; 3032101 Contad Person 8 Phone• Deoartment SeMTo Person InitiallDate .kson Schmidt � 0 uman Raourees 266-G�3 /�sign i omanResoar arhn tDi r K Must Be on Councii Agenda by (Date): Number Z �i �' Por �/�-� Routing 3 a o• ffice a r '�nt �Documeut Required: y �e� 4 nc�i 5 er el Document Contact: Sue Wegwerth Contact Phone#: 266-6513 Total # of SignaW re Pages _(Clip NI Locations for Signature) Action Requested: This resolution approves the attached May 1, 2006 t6rough Aprii 30, 2009 Collecrive Bazgaining Agreement between ihe City of Saint Paul and the International Brotherhood of Elec[rical Workers, Local 110. Recanmendations: Appm�e (A) or Reject (R): Personal5ervice Contracts MustMswer the Following Questions: Planrnrg Commission 1. Has this person/firtn e�er vrorked under a contract for this department? GB Committee Yes No CiHI Senice Commission 2. Has this person/firm e�er been a city employee? � Yes No 3. Dces this person/firm possess a skill not frortnalty possessed by any cument city employee? Yes No ExpWin all yes answers on separate sheet and atfach to green sheet IniHating Problem, Issues, Opportuniry (Who, What, When, Where, Why): The Agreement with the International Brotl�erhood of Electrical Workers, Local 110 expired on April 30, 2006. The City is required o negoriate with the Bargaining Unit. Advantages NApproved: An Agreemen[ reached through good faittt collective bargaining will be in place through April 30, 2009. Disadvantages KApproved: None. DisadvantageslfNotApproved: The City would be required to reopen negotia6ons with the Bargaining Unit. This would slrain the relationship with the Bazgaining Unit. Total Amounf of CosNRevenue Budgeted: _ti� r,,,,�,a.� � Transaction: Ca0;�91v3� ._"�'�.�.``�r ...� -."s,�.,.v� Punding Source: Aetiv'ity Number: FinanCial Information: (Explain) �� � � �i��j�e August 15, 20061:31 PM Page 1 06 -7f� • ATTACHMENT TO THE GREEN SHEET COLLEC'I`IVE BARGAINING AGREEMENT WITH THE ELECTRICIANS LOCAL #110 Below is a summary of the changes in the Collective Bazgaining Agreement between the City of Saint Paul and the Electricians Local #110. Dnration- May 1, 2006 through Apri130, 2009. Waees: The City agreed to the outside prevailing wage rate for each of the next three years. Compensation retroactive to May 1, 2006 for wages and benefits. Safe : Language was added affinning both parties intent to maintain a safe working environment. Grievance Procedure: Language was added providing employees with the choice to process grievances via the contract grievance process or the civil service grievance process. • Uniform ARowance: Language was added to integrate an exisfing MOU for Water UUlity employees into the contract. Leave• Language was added to clarify an employee's ability to return to a certified classificarion if elected to a City of St. Paul office. Other Laneuase Chan2es: Other language changes are of a housekeeping nature for clarifica6on and clean up. G:�Shazed\i dtCOMMON�CONTRAC'I�Elahici�s�2006\greenadac3uneut06.wpd • 06 �� MAY l, 2006 - APRiL 30, ZOQ9 COLLECTIVE BARGAINING AGREEMENT . BETWEEN .- . _ _ � �: � � � � � � _ TH� CI'fi�' OF SAI�T PAUL _ , � � �, � � , � --" . � _" � -� � AND � � � � � � � � IN'�ERN�TION�I, BROT�R$E)Op OF_ � � � -_ � � � _= � � _ � ��ELECTRICAL WORKERS, LOCAL=110 _ _ - � .� �� � � _ � � . �J � ��g�- � .� • • �,� ARTICLE TITLE i 2 3 4 5 Preamble ................................. Purpose ............................... Recognirion ........................ Employer Rights ................ Union Rights ...................... Scope of the Agreement..... PAGE ... ........... m ......................................................................1 ...................................................................... 1 ...................................................................... 1 ...................................................................... 2 ...................................................................... 2 6 ProbationaryPeriods ...............................................................................................2 7 Philosophy of Employment and Compensation ...................................................... 3 8 Hours of Work ........................................................................................................ 3 9 Overtime ................................................................................................................. 4 10 Call Back ................................................................................................................. 5 11 Work Location ........................................................................................................ 6 12 Wages and Fringe Benefits ..................................................................................... 6 13 Selection of Leads, General Leads and General Lead In Charge ............................ 7 14 Holidays .................................................................................................................. 7 15 Disciplinary Procedures .......................................................................................... 8 16 Absences From Work ............................................................................................. 8 17 Seniority ..................................................................................................................9 18 Jurisdiction ..............................................................................................................9 19 Sepazation and Retirement .................................................................................... 10 20 Tools ..................................................................................................................... 10 21 Grievance Procedure ................. 22 Right of Subcontract ................. 23 Non-Discrimination .................. 24 Severability ............................... 25 Waiver ....................................... 26 City Mileage ............................. 27 Leave ........................................ 28 Safety ....................................... 29 Legal Services .......................... 30 Master of Record Requirement ............... ............... ............... ............... ............... 31 Uniform Allowance ............................. 32 Duration and Pledge ............................. ........................................................... 10 ........................................................... 13 ........................................................... 13 ........................................................... 13 ........................................................... 13 ............................................... 14 ............................................... 14 ............................................... 15 ............................................... 15 ............................................... 15 .............................................. 15 .............................................. 15 i INDEX (Continued) Appendix ..................................................................... Appendiac ..................................................................... Appendi C ..................................................................... Appendix ..................................................................... Appendix Tools ........................................................... Appendix F Worldng Conditions - Elechical Inspectors Appendix G Senior Trades Coordinator MOU ............... Appendix H Apprentice Matrix ...................................... .................................... Al ..................................... B 1 ..................................... C 1 .................................... Dl ..................................... E 1 ..................................... Fl .................................... Gl .................................... Hl � • • ii � � ��75�- • PREAMBLE This A�eement is entered into between the City of Saint Paul, hereinafter refened to as the Employer and the Intemational Brotherhood of Electrical Workers, Local 110 hereinafter referred to as the Union. The Employer and the Union concur that fhis Agreement has as its obj ective the promotion of the responsibiliries 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. Construcfive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general public. • • iii 0�-7��- � � ARTICLE 1- PURPOSE 1.I The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1(1} Achieve orderly and peacefui relations, thereby establishing a system of nnin terrupted operations and the lughest level of employee performance that is consistent with the safety and well-being of all concerned; l.l(2) 1.1(3) 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. 1.2 2he Employer and the Union agree 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 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 24 (SEVERABILITI�. ARTICLE 2 - RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for collecrive bazgaining purposes for all personnel having an employment status of regular, probationary, provisional, temporary, and emergency, employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-477-A, dated April 16, 1973. 2.2 The classes of positions recognized as being exclusively represented by the Union aze as listed in Appendix A. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, facilities, and equipment; to establish func6ons and prog�ams; to set and amend budgets; to determine the utilizarion of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this Agreement. 3.1(1) Selection of personnel will be based on the merit system defined in the City Charter Section 12.01. 3.2 Any "term or condition of employmenY' not established by this Agreement shall remain • with the Employer to eliminate, modify, or establish following written notification to the Union. ARTICLE 4 — UNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize suck a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 41(1) The Employer shall not deduct dues from fhe wages of employees covered by this Agreement for any other labor arganization. 4.1(2) The Union shall indemnify and save hannless the Employer from any and all claims 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 bargaining unit in each department to act as a Steward and shail inform the Employer in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 21 (GRIEVANCE PROCEDURE). � 43 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his/her designated representative shall be pernutted to enter the facilities of the Employer where employees covered by this Agreement aze worldng. • ARTICLE 5— SCOPE OF THE AGREEMENT 5.1 This Agreement established the "terms and conditions of employmenY' defined by M. S. 179A.09, Subd. 19 for all employees exclusively represented by the Union. This Agreement sha11 supersede such "terms and condirions of employmenY' established by Civil Service Rule, Council Ordinance, and Council Resolution. Employees represented by this Union are not subj ecY to nor do they have any rights under the Saint Paul Civil Service Rules. ARTICLE 6 — PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regulat employment status shall serve a six (6) month probationary period during which time the employee's fiiness 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 appeai to the provisions ofArticle 21 (GRIEVANCE PROCEDURE). • ARTICLE 6— PROBATIONARY PERIODS (Continued) �(�--? g� • 6.1(2) An empioyee temiinated 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 Personnel who are assigned to Lead, General Lead or General Lead in Chazge positions under the terms of Article 13 (SELECTION OF LEADS, GENERAL LEADS AND GENERAI. LEAD IN CIIARGE) shall not serve a probationary period and may be reassigned back to a previous classificarion at the discretion of the Employer. 6.2(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 Arficle 21 (GRIEVANCE PROCEDURE). 6.2(2) An empioyee 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 reason(s) for demotions, a copy of which shall be sent to the Union. ARTICLE 7— PHILOSOPHY 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 "industr}�' fringe benefit system. 7.2 The Employer shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Article 12 (WAGES AND FRINGE BElVEFTTS). 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this Agreement. 7.4 Employees covered by this bargaining agreement shall be paid on the same pay schedule as other City employees. ARTICLE 8— HOURS OF WORK 8.1 The normal work day shail be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period. 8.2 The normal work week shall be five (5) consecutive normal work days in any seven (7) day period. 83 Shifts other than the regulaz daytime shift Monday through Friday may be established. • Such shifts must be maintained for a period of at least one (1) work week. The second shift shall be a regularly scheduled shift which follows a regulazly scheduled first shift of ARTICLE 8— HOURS OF WORK (Continued) five (5) hours or greater. The third shift shall be a regutazly scheduled shift which • follows a regularly scheduled second shift of five (5) hours or greater. 83(i) Nohvithstanding Sections 8.1 through 83, employees in supervisory classifications may, through mutual agreement with the Employer, work schedules other than schedules limited by the normal work day and work week as set forth in Sections 8.1 through 83. Overtime compensation for employees working under such agreements shall be subject to the provisions of the Fair Labor Standazds Act. 8.4 For employees on a shift basis, this shall be conshued to mean an a�erage of forty (40) hours a week. 8.5 This section shall not be construed as, and is not a guazantee of, any hours of work per normal work day or per normal work week. 8.6 An employee normally working on a particular shift may be transferred from that shift to another shift upon one (i) week's notice; provided, however, that in the event of a vacancy, an employee may be assigned to another shift to fill such vacancy upon twenty- four (24) hours notice. 8.7 All employees shall be at the work 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. 8.8 All employees aze subject to call-back by the Employer as provided by Article 10 (CALL BACK). 8.9 Employees reporting for work at the established starting time, and for wkom 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 leauing home, or during the previous work day. 8.10 The Employer shall be required to give no less than six and one-kalf (6.5) hotus notice, when an employee is to be laid off. 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 overfime claim will not be honored, even though shown on the time card, unless the required advance approvai has been obtained. 9.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work • performed under the following circumstances: A.RTICLE 9 — OVERTIME (Continued) D(.�_ �7g �- • 9.2(1) Time worked in excess of eight (8) hours in any one normal work day; and 9.2(2) Tune worked on a sixth (6th) day following a normal work week 9.2(3) Time actually spent doing certain work on smokestacks, shuctural radio or television towers and bridges over water requiring employees with special talents in clunbing or worldng at unusual heights away from solid, guazded platforms, scaffolds or permanent, enclosed ladders. 9.3 The overtime rate of two (2} tisnes the basic houriy rate shall be paid for work performed under the following circumstances: 9.3(1) Time worked on a seventh (7th) day following a norxnal work week; and 93(2) Time worked in excess of twelve (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 on�half (1.5). 9.4 For the purposes of calculating overtime compensation, overtime hours worked shall not be "pyranuded," compounded, or paid rivice for the same hours worked. • 9.5 Overtime hours worked as provided by this Article shall be paid in cash or in compensatory fime. The basis on which overtune shall be paid shall be deternuned solely by the Employer. Compensatory time off must be approved by the Employer. ARTICLE 10 — CALL-BACK 10.1 The Employer retains the right to cali 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 Employees called back shall receive a minimum of four (4) hours pay at the basic hourly rate. 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9 (OVERTIME), when applicable, and subject to minimum established by 10.2 above. 10.4 Employees called back four (4) hours or 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 9 (OVERTIME). \J ARTICLE 11- WORK LOCATION 11.I Employees shall report to work location as assigned by a desi�nated Employer supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the Employer. 11.2 Employees assigned to work locations during the normal work day, other than theu original assignment, and who are required to fuinish their own transportation shall be compensated for mileaga. ARTICLE 12 - WAGES AND �'RINGE BENEF'ITS 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. The basic hourly wage rates as established by Appendix H shall be paid for all hours worked by an apprentice. 122 Participating employees shall be compensated in accordance with Article 12.1 and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12.5. • Participafing employees shall use all vacation that they have earned and aze eligible for as outlined in the Saint Paul Electrical Workers Regular Vacation and Holiday & Reserve • Trust Plan Documents. 123 Provisional, temporary, and emergency employees shall be considered, £or the purposes of this Agreement, participating employees and shall be compensated in accordance with Article 12.1 and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 12.5. 12.4 All regular employees employed in a title in this bazgaining unit after Februaty 15, 1974, shall be considered, for the purpose of this Agreement, participating employees and shall be compensated in accordance with Article 12.1 (WAGES AND FRINGE BENEFTTS) and have fringe benefit conhibutions and/or deductions made on their behalf as provided for by Article 12.5. Employees who promote, transfer or reduce to any title in ttus bargaining unit from any title which is not in this bazgaining unit shail not be allowed to use any accumulated sick leave eredits while they are in such title. If the employee promotes, transfers or reduces to any title which is not in this bazgaining unit and if sick leave is allowed under the new title, the accumulated sick leave the exnploqee had at the time such employee became a member of this bazgaining unit shall be reinstated. 12.5 The Employer shall make contributions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix D for all • hours worked. ��i-7 � a- � ARTICLE 13 — SELECTION OF LEADS, GENERAL LEADS AND GENERAL LEAD IN CHARGE 13.1 The selection of personnel for the class of positions Lead Electrician, General I.ead Electrician and General Lead Elech In Chazge shall remain solely with the Employer. 13.2 The class of positions, Lead Elecirician, General Lead Electrician and General Lead Elechician In Chazge, shall be filled by employees of the bargaining unit on a"temporary assignment " Any empioyee who is assigned to one of the above classes may be subsequently reassigned under the terms of Article 6.2 (PROBATIONARY PERIODS). Such reassignxnent may be back to any one of the employee's previous olassifications and rates of pay. The decision to reassign an employee out of one of the above classes is not grievable/azbitrable under Article 21 (GRIEVANCE PROCEDURE). It is understood that this clause 13.2 does not apply to employees who were appointed to these classes prior to the signing of the 2000-2003 Agreement. 133 All "temporary assignments" shall be made only at the direction of a designated Employer supervisor. 13.4 If the General Lead Blectrician has scheduled time off of fout (4) days or more, a � temporary will be assigned on the first day of the scheduled time off unless the General Lead Electrician is absent due to local seminazs or other city business and is available by phone. No temporary assignment is necessary if the General Lead Electrician is absent for three (3) days or less due to illness or scheduled time off. 13.5 The Lead Electrician will be replaced on the first (lst) day of an absence. This provision 13.5 shall not apply to the Water Utility, until and unless the Water Utility employs two non-Lead Joumeyman Electricians. ARTICLE 14 — HOLIDAYS 14.1 The following ten (10) days shall be designated as holidays: New Yeaz's Day, January 1 Martin Luther King Day, third Monday in 7anuary Presidents' Day, third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Veterans' Day, November i l Thanksgiving Day, fourth Thursday in November • Day after Thanksgiving, fourth Friday in November Christmas Day, December 25 ARTICLE 14 — HOLIDAYS (Continued) 14.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shali 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. For those employees assigned to a work week other than Monday through Friday, these three holidays shall be observed on the calendaz date of the holiday. 143 The ten (10) holidays 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 back" in accordance with Article 10 (CALL-BACK). 14.5 Parficipating employees, as defined in Articles 12.2, 123, and 12.4, assigned to work on Marlin Luther King Day, PresidenYs Day, Day after Thanksgiving, or Veteran's Day, sha11 be compensated on a straight time basis for such hours worked. 14.6 Participating employees, as defined in Articles 12.2, 123, and 12.4, assigned to work on New Xeaz's Day, Memorial 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 all hours worked. 14.7 Columbus Day and the day before Cluishnas Day shall be considered work days. All employees working on these days shall be compensated on a straight time basis. ARTICLE 15 — DISCIPLINARY PROCEDURES 15.1 The Employer sha[I haue the right to impose disciplinary actlons on employees for just cause. 15.2 Disciplinary actions by the Employer shall include only the following actions: 15.2(1) Oral reprimand; 15.2(2) Written reprunand; 15.2(3) Suspension; 15.2(4) Demotion; 15.2(5) Discharge. ARTICLE 16 — ABSENCES FROM WORK 16.1 Employees who aze unable to report for theu normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the begiuning of such work day. • • � • • r 1 LJ ARTICLE 16 — ABSENCES FROM WORK (Continued) (�( � 16.2 Failure to make such notificafion may be grouuds for discipline as provided in Article 15 (DTSCIPLINARY PROCEDURBS). 163 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 17 — SENIORIT'Y 17.1 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. 17.2 Seniority sha11 not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than tlurty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 173 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 temporary employees shall be released prior to the layoff of permanent employees. Further, it is managemenYs intent that permanent employees will be laid off by class title within each department, based on inverse length of "Class Seniority". However, management resesves the right to institute layoffs out of seniority arder for legitnnate business reasons. Management's exercise of this right shall not be azbitrary or capricious. If khe 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). Recall from layoff shall be inverse order of layoff, except that recall rights sha11 expire after two (2) years of layoff. This Article shall not be used in place of Article 15 (DISCIPLINARY PROCEDURES) to dischazge employees. ARTICLE 18 — JURISDICTION 18.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriafe subject for determination by the various unions representing employees of the Employer. 18.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 183 In the event of a dispute concerning the performance or assigunent of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work ARTICLE 18 — JURISDICTION (Contiuued) as originally assigned pending resolution of the dispute or to restrict 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 183 above sha11 be subject to disciplinary action 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 AND RETIREMENT 19.1 Empioyees having a pmbationary or regular employment status sha12 be considered sepazated from employment based on the foilowing actions: 19.1(i) 19.1(2) 19.1(3) Resignation: Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. Discharge: As provided in Article 15 (DISCIPLINARY PROCEDURES). Failure to Report for Duty: As provided for in Article 16 (ABSENCES FROM WORK). 19.2 Employees having an emergency, temporary, or provisional employment status may be temunated at the discretion of the Employer before the completion of a normal work day. ARTICLE 20 — TOOLS 20.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix E. ARTICLE 21— GRIEVANCE PROCEDURE 21.1 The Employer shall recognize Stewazds selected in accordance with Union rules and regulations as the grievance representative of the bargainuig unit. The Union shall notify the Employer in writing of the names of the Stewazds and of their successors 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 Iimited by the job duties and responsibilities of the employees and shall therefore be accomplished during worlang hours only when . • r1 LJ l0 ARTICLE 21- GRIEVANCE PROCEDURE (Continued) Q�p -`7g o, • consistent with such employee duties and responsibilities. The Stewazd involved and a grieving employee shall suffer no loss in pay when a�ievance is processed during working hours, provided the Stewazd and the employee have notified their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 21.3 The procedure established by this Article shall be the sole and exclusive procedure, including the appeal of disciplinary acrion as provided by Article 15 (DISCTPLINARY PROCEDURES) for the processing of grievances, which aze defined as an alleged violation of the terms and conditions of this Agreement. 21.4 Grievances shall be resolved in conformance with one or the other of the following procedures. The grievant may choose either the grievance process of the Civil Service Commission or the grievance process outlined below. The determination for processing of grievances shall be made at the time of filing the grievance. Step 1. Upon the occurrence of an alleged violation of this 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 employee's sarisfaction 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 wluch it is based, the alleged secfions(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) calendaz days of the first occurrence of the event giving rise to the grievance or within the use of reasonabie diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shail be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a designated Employer supervisor shall meet with the Union Stewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the 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 (7) calendaz days following receipt of the Employer's answer shall be considered waived. Step 3. Within seven (7) calendar days following receipt of a grievance refened from Step 2 a designated Employer supervisor shall meet with the Unian Business Manager or his/her designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this • meeting the Employer shall repiy in writing to the Union stating the Employer's answer conceming the �ievance. If, as a result of the written 11 ARTICLE 21— GRIEVANCE PROCEDURE (Continued) response the grievance remains unresolved, the Union may refer the • grievance to Step 4. Any grievance not referred to in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresoived, the Union may within seven ('� calendaz days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The azbitrarion proceedings shall be conducted by an azbitrator to be selected by mutual agreement of the Employer and the Union within seven ('n calendaz days after notice has been given. If the parties fail to mutually agree upon an azbitrator within the said seven (7) day period, either parry may requesY the Burean of Mediation Services to submit a panel of five (5) azbitrators. Both the Employer and the Union sha11 have the right to strike two (2) names from the panel. The Union shali strike the first (lst) name; the Employer shall then strike one (1) name. The process cvill be repeated and the rema3niug person shall be the arbitrator. 21.5 The azbitrator shall haue no right to axnend, 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 Empioyer and the Union and shall have no authority to make a decision on any other issue not so submitted. The azbiirator shall be without power to make decisions contrary to or inconsistent with or modifying or varying • in any way the application of laws, rules, or zegulations 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 arbitrator's interpretation or application of the express terms of this Agreement and 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 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 pazty cancels an azbitration hearing or asks for a last minute postponement that leads to the arbitrators maldng a chazge, the canceling party or the parry asldng for the postponement shall pay this charge. If either pariy 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 lisnits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. • 12 �, , ' -� • A.RTICLE 22 - RIGHT OF SUBCONTRACT 22.1 The Bmployer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction of the work force covered by this A�eement, the Employer shall 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 - NON-DISCRINIINATION 23.1 The terms and conditions of this Agreement will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, disability or because of inembership or non-membership in the Union. 23.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 24 - SEVERABILITY • 24.1 In the event that any provision(s) of this Agreement is declazed to be contrary to law by proper legislative, administrative, ar judicial authority from whose fmding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 24.2 The parties agree to, upon written notice, enter into negofiations to place the voided provisions of the Agreement in compliance with the legislative, administrative, or judicial determination. ARTICLE 25 - WAIVER 25.1 The Employer and the LJnion acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terxns 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. 25.2 Therefare, the Employer and the Union for the duration of this Agreement agree that the other party shail not be obligated to meet and negotiate over any term or conditions of employxnent 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. • 13 ARTICLE 25 — WAIVER (Continued) 25.3 Any and ali prior ordinances, agreements, resolutions, practices, policies, and rules or • regulations regarding the terms and conditions of employment, to the extent they aze inconsistent with this Agreement, aze hereby superseded. ARTICLE 26 — CITY MIIIEAGE 26.1 Automobite 12eimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amende@, pertaining Yo reimbtu�sement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 26.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. Effective Tanuary 1, 2004, when an employee is required to use his/her personal automobile to conduct authorized City business, the City shall reimburse the employee at the then current Federal IRS mileage reimbursement rate on the most direct route. 26.3 The City will provide pazking at a location and manner of the employer's choice within a reasonable distance of the work site for City employees on the above mentioned type of reimbursement plans who aze 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/her own personal caz auailable. 26.4 Rules and Regulations: The Mayor shall adopt rules and regulations goveming the procedures for automobile reimbursement, which regulations and rules sha11 contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the ttumber of days worked and the nutnber of xniles driven, and fiirther require that they maintain automobile liability insurance in amounts of not less than at least the m;n;mums required by the state of Minnesota. These rules and regulations, together with the amendment thereto, shall be maintained on file with the City Clerk. ARTICLE 27 — LEAVE 27.1 Maternity Leave: Maternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the employer may approve such leave at its option, and such leave may be no longer than one (1) yeaz. • 27.2 Election to Office: Secrion 12.07.5 of the City Charter shall apply to members of this bargaining unit who aze elected to City office. • 14 D� -?8� • ARTICLE 28 - SAFETY 28.1 The Employer and employees shall cooperate in the enforcement of all applicable regulations for the enforcement of job safety. If an employee feels that his/her work duties or responsibilities require such employee to be in a situation that violates state safety laws or legally promulgated standards, the matter shall be immediately looked in to by the Employer. ARTICLE 29 - LEGAL SERVICES 29.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, employer shall defend save hannless and indemnify employee against tort claun or demand whether groundless or otherwise arising out of alleged acts or omission occurring in the performance or scope of the employee's duties. 29.2 Notwithstanding Article 29.1, the Employer shall not be responsible for paying any legal service fee or for providing any legal service arising from any legal action where the employee is the Plaintiff. ARTICLE 30 - MASTER OF RECORD REQUIREMENT • 30.1 The Employer agrees to pay or reimburse employees the cost of the fee for the Minnesota Master Electrician's License for those employees that are recorded at the State of Minnesota as Master of Record for the employer's use. ARTICLE 31- UIVIFORM ALLOWANCE 31.1 Electrical Inspectors in the Fire Department who aze required to wear a specified uniform shall receive an allowance of $425.25 per calendar yeaz from the Fire Department. 31.2 Electricians in the St. Paul Regional Water Services who are required to wear a uniform as determined by the Employer shall receive an initial issuance upon hire of $289.00 toward the purchase of uniform items. They shall receive a uniform maintenance allowance begixuiing in the first year after initial issuance of $125.00 per calendar year. The MOU of 11/27/2001 is no longer in effect. E4.42�ICLE 32 - D�RATION AND PLEDGE 32.1 This Agreement shall become effective as of May 1, 2006 and shall remain in effect through the 30th day of Aprit, 2009 and continue in effect from year to yeaz thereafter unless notice to change or to terminate is given in the manner provided in Article 32.2 of this Agreement. • 15 ARTICLE 32 — DLJRA'I'ION AND PLEDGE (Continued) 32.2 ff either pariy desires to terminate or rnodify this Agreement, effective as of the date of expiration, the party wishing to modify or terminate the Agreement shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expirarion date, provided that the Agreement may only be so tenninated or modified effective as ofthe expiration date. 32.3 In consideration of the terms and conditions of employment established by this Agreement and the recogni6on that the GRIEVANCE PROCEDURE herein established is the means by which grievances conceming its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 323(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 or part from the fuil, faithful performance of their duties of employxnent. 323(2) The Employer will not engage in, instigate, or condone any lock-out of employees. 323(3) This constitutes a tentative agreement between the parties which will be recommended by the Manager of Labor Relations, but is subject to the approval of the Administrarion of the City and is also subject to ratification by the Union. AGREED and attested to as the full and complete understanding of the parties for the period of rime herein specified by the signature of the following representafive from the Employer and the Union. WITNESSES: CTI'Y OF SAINT PAUL ' � -������ ,r � � . � �, - Labor Relations Manager �,� �Y'-/S-OG ames Vol er Date Labor Relations Specialist INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL ll0 �f._.�� � ✓�, ,� � - • -� �� � �. Business Manager ��--�-r�y �!�^t t3 /� o� �Janue McNamara Date President, Local 110 16 � • u QC�-?8�- • APPENDIX A The classes of positions recognized as being exclusively zepresented by the Union are as follows: General Lead Electrician In Chazge General Lead Electrician Lead Elechician Elechician Lighting Maintenance Worker Apprenfice Elechician Senior Elec�ical Inspector Electrical Inspector and other classes of positions that may be established by the Employer where the scope of the work duties and responsibiliries assigned comes within the jurisdiction of the Union. • . A-1 6�-78'�- � APPENDIX B For all normal work weeks established pursuant to the provisions of Article 8(HOURS OF WORK) of tius contract, which includes Sunday, the following provisions shall apply and govem: 1. A11 regular electriciaus employed pzior to January l, 1976 shall be offered assignment to the work week on a seniority basis, and all such employees skall fiave the right to refuse assignment to the work week. This refusal is subject to the provisions listed below. 2. All regular electricians employed subsequent to January l, 1976 may be assigned to vacancies in this work week. 3. All regular electricians shall have the right to bid on and obtain assignment of a position occupied by au electrician with lesser class seniority within thirty (30) calendar days from the date that said position was last filled. 4. Any regular electrician may be assigned, on a temporary basis, to the work week, to repiace an electrician who is absent because of vacation, illness, paid military leaue, jury duty or any other leave acceptable to both parties. These temporary assignments shall be made on the basis of seniority and in no instance . shall any one (1) employee be required to work on such temporary basis for more than fifteen {15) work days or the total temporary assignment to exceed ninety (90) work days. � E3i �� u i • APPENDIX C 1. The basic hourly wage rates for temporary employees appointed to the following classes of positions shall be the foilowing: Electrician Lead Electrician Electrical Inspector pre September 1, 2003 Electrical Inspector post September 1, 2003 General Lead Electrician Senior Electrical Inspector General Lead Electrician In Charge Basic wage rate effective 5/1/06 (or closest payroll period) $36.67* $38.93�` $38.93* $37.80* $40.06* $40.06* $41.19* * This rate includes a 13% Vacation Contribution. Note: Due to changes in legislation effective May 2, 2000, temporary rates assume no PERA participation, even after six (6) months. 2. The basic hourly wage rates for provisional, probationary and reguiar employees appointed to the following classes of positions and who aze covered by the provisions of Article 12.7 (WAGES AND FRINGE BENEFITS) of this Agreement shall be the following: Electrician Lead Electrician Electrical Inspector pre September 1, 2003 Electrical Inspectnr post September l, 2003 Generat Lead Electrician Senior Electrical Inspector General Lead Electrician In Charge *This rate inciudes a 13°/a Vacation Contribution. Basic wage rate effecfive 5/1/06 (Or closest payroll period) PERA $35.13* $3739* $3739* $38.52* $38.52* $39.65* No PERA $36.67* $38.93* $38.93* $37.80* $40.06* $40.06* $41.19* Employees had a one (1) tune oprion to stay in PERA, in accordance with M.S. 1999 supplement, Section 353.01. 3. The basic hourly rate for those holding the title Traffic Lighting Maintenance Worker, who receive no benefits, sha11 be: Effective 5/1/06 (or closest payroll period) $14.67 40% of outside 7oumeyman rate G1 APPENDIX C (Continued) Employees who work on a regulazly assigned shift beginning eazlier than 6:00 a.m. or ending • later than 6:00 p.m., provided that at least five (5) hours of the sluft are worked between the hours of 6:00 p.m. and 6:00 a.m., shall be paid a night differential for the entire shift. Employees who work on a regularly assigned shift beginning eazlier than 6:00 a.m. or ending later than 6:00 p.m., but who work less than five (5) hours between the hours of 6:00 p.m. and 6:00 a.m., sball be paid a night differential for only those hours actually worked between the hours of 6:00 p.m. and 6:00 am. The night differential shall be five percent (5%} of the base rates, and shall be paid only for those night shifts actually worked. The total cost to the Employer, (including wages, fringes, and pension contributions) for employees covered by this Agreement shall be equivalent in money to the total package paid by the Employer to empioyees in comparable classifications in the Agreement between Local 110 and the National Electrical Contractors Associafion (NECA). The total package cost shall exclude any payments for industry promotion and/or advertisement, or any other purpose not directly and clearly beneficial to the public Employer. In the event I.ocal ll 0 and NECA amend their bargaining agreement to provide for either a wage or benefit freeze or reducfion during the period of this Agreement, such freeze or reducrion shall • be immediately applicable to the total compensation paid to employees covered by this Agreement. Effecrive May l, 2006 (or closest payroll period), there wili be an additional $2.00 per hour ancrease added to the total package. The parties will agree prior to that date regarding the distribution of the $2.�0 between wages and fringes. The amount will be decreased by any increase in indusiry funds. Effective May 1, 2007 (or closest payroll period), there will be an additional per hour increase reflecting the total package increase between Local 110 and NECA added to the total package . The parties will agree prior to that date regarding the distribution o£the total package increase between wages and fringes. The amount will be decreased by any increase in industry funds. Effecrive May l, 2008 (or closest pay period) there will be an additional per hour increase reflecting the total package increase between L,ocal 110 and NECA added to the total package. The parties will agree prior to that date regazding the distribution of the total package increase between wages and fringes. The amount will be decreased by any increase in industry funds. r1 � G2 v� ���- • APPE�TDIX D Effective May 1, 2006, the Employer shall: (1) �2) (3) (4) (5) (6) • ��� Contribute to a Union designated $ealth and Welfare F�nd $6.41 per hour for all hours worked by participating employees as defined by this Agreement. Contribute to a Union designated Pension Fund 9.83% of all wages earned by participating employees as defined by this Agreement. Contribute to a Union designated Apprenticeship F�nd $.47 per hour for all hours worked by participating employees as defined by this A�'eement. Contribute to a Union designate@ Reserve Trust Fund $2.49 per hour for all hours worked by participating employees covered by this Agreement. Contribute to the Union's designated National Employees Bene£t F�nd (N.E.B.F.) 3% of the gross wages earned by a11 participating employees covered by this Agreement. Deduct a Union designated Vacation and Hotiday Fund 13% of all wages earned by participating employees covered by this Agreement. This deduction is subject to all payroli deductions. Contcibute to a Union designated Sapplementai Pension Fund 5.85% of all wages earned by participating employees covered by this Agreement. (8) For those employees who elect to participate, contribute to the Public Employees Retirement Association (PERA) the legaily established non-negoriated pension conlribution. This contribution shall be 6.0% of gross earnings and shall be adjusted as required by State Law. The hourIy rate of Participating employees shall be reduced by the actual hourly cost of this contribution; the wages in Appendix C reflect this deduction. • D-1 � �-��a- • APPENDIX E Pocket Tool Punch and Belt 6" Rule 9" or 10" Ahtminum Level 8" Side Cutters Crimping Tool 10" Crescent Wrench Combination Box-Open End Wrenches 3/8" - 3/4" Socket Set of equivalent sizes Cold Chisel and Center Punch Taps: 6/32 - 8/32 - 10/32 - 10/24 - 1/4 20 Tap Wrench File Rasp 12"'/z Round and Rat Tail Hack Saw 12" Blade Screw Drivers 4" - 8" - 12" Reg. Slot and 4" and 6" Phillips Flashlight Tester, 600 v. Solenoid Type Combination Square Knife • Long Nose Pliers Diagonal Cutting Pliers 2 Pair Channel Locks 14" Pipe Wrench or Chain Wrench Allen Wrenches Hamn�er, Ball Peen Scratch Awl Drills - in accordance with Tap sizes 9/32 and 3/8 Fuse Puller Angle Screw Driver Tool Box to hold the above tools The Employer shall fiunish all other necessary tools ar equipment. Employees will be held responsible for tools or equipment issued to them, providing the Employer fixmishes the necessary lockers, "gang box" or other safe place for storaga. The Employer shall replace with similaz tools of equal value and quality any of the above listed tools which aze tiuned in by an employee which are no longer serviceable because of wear or breakage, providing the employee has been employed for nine (9) continuous months or more. • E-1 � CP - 7� �-- • APPENDIX F WORKING CONDTI'IONS FOR SENIOR ELECTRICAL INSPECTORS AND ELECTRICAL INSPECTORS As a result of the 1974 settlement, the Parties haue established craft-determined rates for Senior Electdcal Inspectors and for Electrical Inspectors, with the specific understanding that such agreement is reshicted to establishing rates of pay for such classifications. It is, consequently, agreed that the Employer in applying Article 3(EMPLOYER RIGHTS) of the Maintenance Labor Agreement, sha11 have the right to operate the department in the same manner as heretofore, with management rights unaffected, and that the establishment of separate rates for these classifications as well as for Inspector classifications in other Bargaining Units, may not result in disputes over assignments or over rates of pay for work performed, nor will any jurisdictional clauns or restrictions be asserted by the Union because members of various Inspector classifications are assigned to work which is also performed by other Inspector classifications. • • F-1 a� ��� • APPE�DIX G MEMORAIv�ALM dF AGREBMEIvT BET�4'EEN. THE CITY OF ST. PAliL ... EL£CTRICAL WORKERS LOCAI. 4110 This agreement is entered into bV and between ttie City of Saint Paul (City) and the Electrical R'orkers Local #110 (Union). A sutular agzeemerit vaill be entered into by and between thz City and the other Tsades uninns who represent Senior Trades Inspectors in the City's Office of Licensing, Inspection, and Environmental Protection (LIEP): The City and the Union agree that if one of the Senior Trades Inspectors in the Construction Ditiision o£the Office of LIEP is assigned the additional duties referred to as "Senior Trades Coordinator duties", the gayment for assunvng these additional duties shall be an additional �4.00fhour addad ta the selected indavidual's totat package. This additiana3 $4.00/hour shaII not be inc3uded in any of the calcalations of the individual's total package. It is understood that oniy one af the Senior Tnspectors in LIEP wiIl serve in this capacity at any one time, and that the Senior Inspector who is assigned the Senior Trades Coordinator duties will continue to per£orm all of the Senior Inspector duties already inciuded in the relevant class • specification, This Memorandum of Agreament becomes effective with Yhe signing by the Union of the 200�- 2005 Labor Agreement and sha17 remain in place untiI and anIess it is renegotiated by the parties Yo this agreement and any other impacted unions. City of Saint Paul � �i� ason Schnudt Labor Re�ations Tvlanager G-1 I$EW T,ocal �110 ,['�� ,��Z /�',ci[.C-�.%-�/� Mike Redlund President Loca] �110 • a ��,N� • C,I l� cn N O O O M �-+ O� N N cn M E H3 64 Ef3 Ef3 �n G1 O V' O � z� p N'V 01 V� W O O O O.-+ � Q+ 64 ff3 � ER 69 zf oo�nm.-. u l '-+ M N �O 'V O O �--� �--� N �+ &9 b9 6H (f3 b9 • • x � N A z W a @ bA G', O W N V � A r. �C y � � .� N � � O w m � � bA � 3 F.' 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