07-468Conncil F�7e #�
Green Sheet #3040135
RESOLUTION
OF
r��t�a by
PAUL, MINNESOTA
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1 RESOLVED, that the Council ofthe City of Saint Paul hereby approves and ratifies the attached
2 May 1, 2007 through April 30, 2010 Maintenance Labor Ageemern between the City of Saint Paul and the
3 Bricklayers & Aliied Craftworkers Local Union No. 1 Minnesota/North Dakota.
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Adopted by Covncil: Date lv/�� j/d°�
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Adoption Certified by Cou cil Secretazy
BY �iv.C!Szsn
Approved b r: Date O
By.
Requested by Departrnent of.
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Contad Person 8 Phone:
Jason Schmidt
266-65D3
Doc.Type: RESOLUTION
E-DOCUment Required: Y
DocumeMContact: SueWegwerth
Contact Phone: 266-6513
24MAY-07
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Number
For
Routing
Order
Total # of Signature Pages _(Clip All Locations for SignaWre)
Green Sheet NO: 3040135
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1 �$uman RipLts Department Director
2 RSty Attorney I
3 Nlsyor's Offire MavodASSistant
4 Cooncil
5 Ctiry Clerk Cl'ry Clerk I
Approval of the attached May 1, 2007 through Apri13Q 2010 Maintenance Labor Agreement between the Ciry of Saint Paul and the
Bricklayezs and Allied Craftworkers Local Union 1 Minnesota/North Dakota.
�aaoons: Npprove (a) or n
Planning Commission
CIB Committee
Civil Service Commission
1. Has this person/firm ever worked under a contract for this depadment?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not nortnally possessed by any
cunent city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The current agreement expired on Apri130, 2007.
AdvantageslfApproved:
An agreement in placed through Apri13Q 2010.
DisadvanWges lf AQproved:
None
Disadvantages If Not Approved:
No agreement in place.
Transaction:
Funding Source:
Financial Information:
(Explain)
CosURevenue Budgeted:
Activity Number:
May 29, 2007 3:51 PM Page 1
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ATTACHMENT TO THE GREEN SHEET
MAINTENANCE LABOR AGREEMENT WTI'H
THE BRICKLAYERS & ALLIED CRAFI'WORKERS
LOCAL TJNION NO. 1 OF MINNESOTA
Betow is a slumnary ofthe changes in the Maintenance Labor Agreement between the City of
Saint Paul and the Bricklayers & Allied Craftworkers Local Union No. 1 of Minnesota
Duration•
May 1, 2007 through Apn7 30, 2010.
Waees:
The City agreed to the prevailing wage rate.
Laneuaee-
I. Language in article 8.1 changed to be in agreement with Fair Labor Standard Act.
2. Language in Appendix C(e & fl changed to be more consistent with the language used 'm
othertrade contracts.
C:�DOCUME-1 bissanw\I,OCALS— I \TempV �grpwise�gms6tanacfimentdoc
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MAY 1, 2007 - APRII. 30, 2030
MAINTEl�ANGE LABOR AGREEMENT
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�H� CITY 0F. SAINT PAUL"�. ' :- - _
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" . LO�AL ITNION 1 MINNESOTA`/ N(1RTH llAKOTA ��
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16 Seniority ..............................................................................................................7
17 Jurisdiction .......................................................................................................... 7
18 Separation ............................................................................................................8
19 . Tools ................................................................................................................... 8
20 Grievance Procedure ............................................................................................ 8
21 RightofSubcontract ..........................................................................................10
22 Nondiscrnnination ............................................................................................. 11
23 Severability .......................................................................................................11
24 Waiver ...............................................................................................................11
25 City Mileage ......................................................................................................12
26 Duration and Pledge ..........................................................................................12
Appendix ..................................................................................................... A-1
AppendiY ..................................................................................................... B-1
Appendiz ..................................................................................................... C-1
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INDEX
A.RTICLE TITLE
Preamble ..............................
PAGE
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1 Purpose ................................................................................................................1
2 Recognition .........................................................................................................1
3 Employer Rights .................................................................................................. l
4 Union Rights ....................................................................................................... 2
5 Scope ofthe Agreement ....................................................................................... 2
6 Probationary Periods ............................................................................................ 2
7 Hours of Work ..................................................................................................... 3
8 Overtime ..............................................................................................................2
9 Call Back/Ca11In .................................................................................................2
10 Work Location ..................................................................................................... 2
11 Wages ..................................................................................................................5
12 FringeBenefits ....................................................................................................5
13 Holidays ..................................................................................................�........... 5
14 Disciplinary Procedures .......................................................................................6
15 Absences From Work .......................................................................................... 6
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This Agreement is entered into between the City of Saint Paul, hereinafter referred to as
the Employer and the Bricklayers and Allied Craftworkers Local Union 1 Minnesota / North
Dakota hereinafter referred to as the Union.
The Employer and the Union concur that this Agreement has as its objective the
promotion ofthe responsibilities ofthe City of Saint Paul for the benefit ofthe general public
through effective labor management cooperation.
The Employer and the Urtion both realize that this goal depends not only on the words in
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the Agreement but rather primarily on attitudes between people at all levels ofresponsibility.
Constructive attitudes of the Employer, the Union, and the fndividual employees will best serve
the needs ofthe general public.
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ARTICLE 1- PURPOSE
l.l The Employer and the Union agree that the purpose for entering into this Agreement is
to:
1.1(1) Aclueve 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 concerned;
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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 ofthis Agreement without loss of
productivity.
1.2 The 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
23 (SEVERABILITI�.
ARTICLE 2 - RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative for collective
bargaining purposes for all personnel having an employxnent status of regular,
probationary, provisional and temporary employed in the classes of positions defined in
Append'vc A as certified by the Bureau of Mediation Services in accordance with Case
No. 73-PR-537-A dated June 4, 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 determine
the utilization of technolog}; 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.
3.2 Any "terxn or condition of employmenY' not established by this Agreement shall remain
with the Empioyer to elnninate, modify, or establish following written notification to the
Union.
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ARTICLE 4 - iJNION RIGHTS
4.1 The Employer shall deduct from the wages of employees who authorize such a deducrion
in writing an amount necessary to cover monthly Union dues. Such monies deducted
shall be remitted as directed by the Union.
4.1(1) The Employer shall not deduct dues from the wages of employees covered
by this Agreement for any other labor organization.
4.1(2) The Union shall indemnify and save harmless the Employer from any and
all claims or chazges made against the Employer as a result ofthe
implementation of this Article.
4.2 The Union may designate one (1) employee &om the bazgaining unit to act as a Steward
and shall inform the Employer in writing of such designation_ Such employee sfiall fiave
the right and responsbilities as designated in Article 20 (GRIEVANCE PROCEDURE).
4.3 Upon notification to a designated Employer supervisor, the Business Manager of the
Union, or his/her designated representative shall ba 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 established the "terms and conditions of employmenY' defined by M.S.
179.63, Subdivision 18 for all employees exclusively represented by the Union. This
Agreement shatl supersede such "terms and conditions of employmenY' esfablished by
Civil Service Rule, Council Ordinance and Council Resolution.
5.2 Effective 1VIay 1, 2004 employees represented by this Union are not subject to nor do they
have any rights under the Saint Paul Civil Service Rules.
ARTICLE 6 - PROBATIONARY PERIODS
6.1 All personnel, originally lrired or rehired following separation, in a regular employment
status shall serve a six (6) month probationary period during which rime the employee's
fitness and ability to perform the position's duries and responsibilities shall be evaluated.
6.1(1) At any time during the probationary period an employee may be
temunated at the discretion of the Employer without appeal to the
provisions ofArticle 20 (GRIEVANCE PROCEDURE).
6.1(2) An employee termivated duriqg the probationary period shall receive a
written notice ofthe reason(s) for such termination, a copy ofwhich shall
be sent to the Union.
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ARTICLE 6—PROBATIONARY PERIODS (Continued)
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6.2 All personnel promoted to a higher class shall serve a six (6} month promotional
probationary period during which time the employee's fitness and ability to perfozm the
position's duties and responsbilities shall be evaluated.
6.2(1) At any time during the promorional probationary period an employee may
be demoted to the employee's previously held class at the discretion of the
Employer without appeal to the provisions of Article 20 (GRIEVANCE
PROCEDURE).
6.2(2) An employee demoted during the pmmotional probationary period shall
be retumed to the employee's previously held class and shall receive a
written notice ofthe reasons for demotion, a copy ofwhich shall be sent to
the Union.
ARTICLE 7— HOURS OF WORK
7.1
7.2
The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30}
minute lunch period between the hours of 7:00 a.m. and 5:30 p.m
The normal work week shall be five (5) consecutive normal work days Monday through
Friday.
7.3 I� during the term of this Agreement, it is necessary in the Employer's judgment to
establish second and third st�fts or a work week of other than Monday through Friday,
the Union agrees to enter into negotiations immediately to establish the conditions of
such shifts and/or work weeks.
7.4 This section shail not be construed as, and is not a guazantee o� any hours of work per
normal work day or per normal work week.
7.5 All employees shall be at the location designated by their supervisor, ready for work, aY
the established starting time and shall remain at an assigned work location until the end
of the established work day unless otherwise directed by thefr supervisor.
7.6 All employees are subject to call-back by the Employer as provided by Article 9(CALL
BACKlCALL IN).
7.7 Employees reporting for work at the established starting time and for whom no work is
available shall receive pay for two (2) hours, at the basic hourly rate, unless notification
has been given not to report for work prior to leaving home, or during the previous work
day.
7.8 Notwithstanding Sections 7.1 through 7.3, employees may, through mutual ageement
with the Employer, for the purpose of attending seminazs, conferences or training, work
schedules other than schedules lixnited by the normal work day and work week as set
forth in Sections 7.1, 7.2 and 7.3.
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ARTICLE 8 - OVERTIME
8.1 All overtime compensated for by the Employer must receive prior authorization &om a
designated Employer supeivisor. Any employee failing to receive prior authorization
shall be subject to disciplinary action as pmvided in Article 14 (DISCIPLINARY
PROCEDURES).
8.2 The overtnne rate of one and one-haif (1.5) the basic hourly rate shall be paid for work
performed under the following circumstances:
8.2(1)
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8.2(2)
Time worked in excess of eight (8) hours in any one noxmal work day, and
Time worked in excess of forty (40) hours in a seven ('n day period.
8.2(3) Overtime compensation for employees worldng under such agreements as
stated in Article 7 section 8 of this collective bazgaining agreement shall
be subject to the provisions ofthe Fair Labor Standards Act.
For the purposes of calculating overtime compensation overtime hours worked shall not
be "pyramided", compounded, or paid twice for the same hours worked.
Overtune hours worked as provided by this Article shall be paid in cash or in
compensatory time as determined by the Employer.
ART��L� 9- CALL BA�K/CALL IN
9.1 The Employer retains the right to call back/call in employees before an employee k�as
stazted a normaI work day or normal work week and after an employee bas completed a
normal work day or normal work week.
9.2 Employees called in or called back shall receive a*n;n;*num of four (4) fiours straigirt
time pay at the basic hourly rate or shall be compensated in accordance with Article 8
(OVERTIME), when applicable, wluchever is greater.
9.2(1) Notwithstanding Article 9.2, employees called in four (4) hours or less
prior to their normal work day shall complete the normal work day and be
compensated only for overtime hours worked in accordance with Article 8
(OVERTIME).
ARTICLE 10 - WORK LOCATION
10.1 Employees shall report to work location as assigned by a designated Employer
supervisor. During the noimal work day employees may be assigned to other work
locations at the discretion of the Employer.
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ARTICLE 11- WAGES
11.1 The basic hourly wage rates as established by Agpendiac C sY�ali be paid for all hours
worked by an employee. No retroactive paytnent shall be made to any employee who has
terminated his/her employment prior to signing of the new Agreement.
11.2 Regular, provisional and temporary employees shall be cotnpensated in accordance with
Article 11.1 (WAGES) and have fringe benefit contnbutions and/or deductions made in
their behalf as provided for by Article 12 (FRINGE BENEFITS).
11.3 Participating employees shall use all vacation that they have eamed and are eligible for as
outlined in the Bricklayers and Allied Craftworkers Local Union 1 Minnesota / North
Dakota Regular Vacation and Holiday & Reserve Trust Plan Documents.
11.4 Employees covered by this agreement aze not eligible to participate in the Public
Employee Retirement Association (PERA) plan except for those employees hired prior to
May i, 2001 who elected to remain under the PERA plan pursuant to Section 353.01
subd. 2b(19) ofthe Micuiesota Statutes.
11.5 The salary for empioyees covered by this agreement in the classification of Masonry
Inspector shall be in three steps. The fust step shall be the entry level step. The second
step shall be paid to those who successfully complete 2080 hours of work paid and
successfuliy complete 9 credits in Building Inspection Technology as provided at an
accredited community college or vocational school and who have been certified as a
Class I Building Official by the State of Minnesota The third step shail be paid to those
who successfixlly complete an additiona14160 hours of work paid at the step 21eve1 and
successfully complete 24 credits in Buiiding Inspection Technology as provided at an
accredited community college or vocational school and attain Class II Building Official
Certification. Should the contract provisions conflict with the Salary Plan, the language
of the contract shall supersede/replace the conflicting language of the Salary Plan.
ARTICLE 12 - FRINGE BENEFITS
12.1 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 C for all
hours worked.
ARTICLE 13 - HOLIDAYS
13.1 The following ten (10) days shall be designated as holidays:
New Year's Day, January 1
Martin Luther King Day, third Monday in January
Presidents' Day, third Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
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ARTTCLE 13 — HOLIDAYS (Continued)
Labor Day, first Monday in September
Veterans' Day, November 11
Tl�anksgiving Day, fourth Thursday in November
Day After Tbanksgiving, fourth Friday in November
Christmas Day, December 25
13.2 When New Year's Day, Independence Day or Cluistmas Day falls on a Suuday, the
following Monday shall be considered the designated holiday. When any of these tbree
(3) holidays falls on a Saturday, the preceding Friday shall be considered the designated
holiday.
13.3 The ten (10) holidays shall be wnsidered non-work days.
13.4 I� in the judgment of the Employer, personnel aze necessary for operating or emergency
reasons, employees may be scheduled or "called in or called back" in accordance with
Article 9 (CALL BACK/CALL II�.
13.5 Employees assigned to work on Martin Luther King Day, Presidents' Day, Veterans' Day
or the Day After Thanksgiving shall be compensated on a straight time basis for such
hours worked.
13.6 Employees assigned to work on New Year's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate oftwo
(2) times the basic hourly rate for such hours worked.
ARTICLE 14 — DISCIPLINARY PROCEDURES
14.1
14.2
The Employer shall have the right to unpose discipiinary actions on employees for just
cause.
Disciplinary actions by the Employer shall include only the following actions:
14.2(1) Oralreprimand.
14.2(2) Written reprimand.
14.2(3) Suspension.
14.2(4) Demotion.
14.2(5) Discharge.
ARTICLE 15 — ABSENCES FROM WORK
15.1 Employees who are unable to report for their normal work day have the responsbility to
notify their supervisor of such absence as soon as possble, but in no event later than the
beginning of such work day.
15.2 Failure to make such notification may be ground for discipline as provided in Article 14
(DISCIPLINARY PROCEDURES).
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ARTICLE 15 —ABSENCES FROM WORK (Continuec�
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153 Failure to report for work without notification for three (3) consecutive norn�al work days
may be considered a"quiY' by the Employer on the part of the employee.
ARTICLE 16 — SEPTIORITY
16.1 Seniority, for the gur�wse of this Agreement, st�all be defined as follows:
16.1(1) Master Seniority: the length of wntinuous regular and probationary
service with the Employer from the last date of employment in any and all
class titles covered by this Agreement.
16.1(2) Class Seniority: the length of wntinuous regulaz and probationary service
with the Employer from the date an employee was first appointed to a
class title covered by this Agreement.
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16.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a
leave is granted for a period of less than thnty (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-tixne position wath
the Union.
163 Seniority shall terminate when an employee retires, resigns, or is discharged.
16.4 In the event it is determined by the Employer that it is necessary to reduce the work force,
all temporary employees shall be released prior to the layoffofpermanent employees.
Further, it is management's intent that peruianent employees will be laid offby class title
within each Department based on inverse length of "Class Seniorit}�'. However,
management reserves the right to institute layoffs out of seniority order for legitimate
business reasons. The Union will receive written notification of the legitimate business
reason. Managexnent's exercise of this right shall not be arbitrary or capricious. If the
Union believes that an out-of-order layoff has occurred for an arbitrary or capricious
reason, such decision may be grieved under Article 20 (GRIEVANCE PROCEDURE).
Upon request, the parties agree to "meet and confer" to discuss any out of order layoff.
This Article sha11 not be used in place ofArtacle 14 (DISCIPLINARY PROCEDURES)
to discharge employees.
16.5 The selection of vacation periods shall be made by class title based on length of "Class
Seniorit}�', subject to the approvai of the Employer.
ARTICLE 17 — JURISDICTION
17.1 Disputes conceming work jurisdiction between and among unions is recognized as an
appropriate subject to determination by the various unions representing empioyees of the
Employer.
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ARTICLE 17 — JURISDICTTON (Continued)
17.2 The Employer agrees to be guided in the assignment of work jurisdiction by mutual
agreements between the unions involved.
17.3 In the event of a dispute concerning the performance or assignment of work, the unions
involved and the Employer shall meet as soon as mutually possble 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.
17.4 Any employee refusing to perForm work assigned by the Employer and as clarified by
Section 172 and 1'7.3 above shall be subject to disciplinary action as provided in Article
14 (DISCIPLINARY PROCEDURES).
17.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a
work assignment.
ARTTCLE 18 — SEPARATION
18.1 Employees hauing a probationary or regular employment status shall be considered
separated from employment based on the following actions:
18.1(1) Resignation: Employees resigning from employment shall give written
notice fourteen (14) calendar days prior to the effective date of the
resignation.
18.1(2)
18.1(3)
Discharge: As pmvided in Article 14 (DISCIPLINARY
PROCEDURES).
Failure to Report for Duty: As provided in Article 15 (ABSENCES
FROM WORK).
18.2 Employees haviug a temporary or provisional employment statvs may be terminated at
the discretion of the Employer before the completion of a normal work day.
ARTICLE 19 — TOOLS
19.1 All employees shall personally provide themselves with all necessary hand tools.
ARTICLE 20 — GRIEVANCE PROCEDURE
20.1 The Employer shall recognize the Steward selected in accordance with Union rules and
regulations as the grievance representative of the bazgaining unit. The Union shall notify
the Employer in writing o£the name of the Steward and of his/her successor when so
named.
20.2 It is recognized and accepted by the Employer and the Union that the processing of
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ARTICLE 20 — GRIEVANCE PROCEDURE (Continued)
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grievances as hereinafter provided is limited by the job duties and responsbilities ofthe
employees and shall therefore be accomplished during worldng hours only when
consistent with such employee duties and responsibilities. The Steward involved and a
grieving employee shall suffer no loss in pay when a grievance is processed during
working hours, provided, the Stewazd and the employee have notified and received the
approval of their supervisor to be absent to process a grievance and that such absence
would not be detrimental to the work programs of tke Employer.
20.3 The procedure established by this Article shall be the sole and exclusive procedure for the
processing of grievances, wluch aze defined as an alleged violation of the terms and
conditions ofthis Agreement.
20.4 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 shall
set forth the nature of the grievance, the facts on which it is based, the
alleged section(s} of the Agreement violated, and the relief requested.
Any alleged violation ofthe 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 within the use of reasonable diligence
should have had laiowledge of the first occurrence of the event giviug rise
to the grievance, shall be considered waived.
Step 2. Within seven (7) calendaz days after receiving the written grievance a
designated Employer Supervisor shall meet with the Union Steward and
attempt to resolve the grievance. I� as a result ofthis meeting, the
grievance remains unresolved, the Employer shall reply in writing to the
Union within tY�ree (3) calendar days following this meeting.
The Union may refer the grievance in writing to Step 3 within seven (7)
calendaz days following receipt of the Employer's written answer. Any
grievance not refened in writing by the Union within seven (7) calendar
days following receipt ofthe Employer's answer shall be considered
waived.
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Step 3. Within seven (7) calendaz days following receipt of a grievance referred
from Step 2 a designated Employer 5upervisor shall meet with the Union
Business Manager or his/her designated representative and attempt to
resolve the grievance. Within seven (7) calendar days foliowing this
meeting the Employer shall reply in writing to the Union stating the
Employer's answer concerning the gievance. I� as a result of the written
response the grievance remains unresolved, the Union may refer the
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ARTICLE 20 - GRIEVANCE PROCEDURE (Continued)
grievance to Step 4. Any grievance not referred to in writing by the Union
to Step 4 within seven ('n calendar days followiug receipt of the
Employer's answer shall be considered waived.
Step 4. If the grievance remains unresolved, the Union may within seven (7)
calendaz days after the response ofthe Employer in Step 3, by written
notice to the Employer, request azbitrarion of the grievance. The
arbitration pmceedings shall be conducted by an arbitrator to be selected
by mutual agreement of the Employer and the Union wittrin seven (7)
calendaz days a&er notice has been given. If the parties fail to mutually
agree upon an arbitrator within Uie said seven (7) day period, either party
may request the Bureau of Mediarion Services to submit a panel of five (5)
arbih Both the Employer and the Union shali have the right to stnlce
two (2) names from the paneL The Union shall strike the first (lst) name;
the Employer shall then stnlce one (1) name. The process will be repeated
and the remaining person shall be the arbitrator.
20.5 The azbitrator shall have no right to aznend, modify, nullify, ignore, add to, or subtract
from the provisions of this Agreement. The arbitrator shall consider and decide only the
specific issue submitted in writing by the Employer and the Union and shall have no
authority to make a decision on any other issue not so submitted. The arbitrator shall be
withouT power to make decisions contrary to or inconsistent with or modifying or varying
in any way the application of ]aws, rules or regulations having the force and effect of law.
The arbitrator's decision shall be submitted in writing within thirty (30) days following
close ofthe hearing or the submission ofbrie£s by the parties, wluchever be later, unless
the parties agree to an extension. The decision shall be based solely on the arbitrator's
iaterpretation or application of the express tenns of this Agreement and to tke facts of the
grievance presented. The decision of the arbitrator shall be final and binding on the
Employer, the Union and the employees.
20.6 The fees and expenses for the arbitrator's services and proceedings sl�all be bome equally
by the Employer and the Union, provided that each party shall be responsible for
compensating its own representative and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made providing it pays for the
rewrd
20.7 The time limits in each step of this procedure may be extended by mutual agreement of
the Employer and the Union.
ARTICLE 21— RIGHT OF SUBCONTRACT
21.1 The Employer may, at any time during the duration ofthis 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 wvered by this Agreement, the Employer
shall give the Union a sixty (60) calendar day notice ofthe intention to subcontract.
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ARTICLE 21—RIGHT OF SUBCONTRACT (Continued) b?�7�0
� 21.2 The subwntracting 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 I3o. 14013.
ARTICLE 22 — NONDISCRIlVIINATION
22.1 The terms and conditions of this Agreement will be applied to employees equally without
regard to, or dis 'm;nation for or against, any individual because of race, color, creed,
sezc, age, disability, or because of inemberslup or non-membership in the Union.
22.2 Employees will perform their duties and responsbilities in a nondiscrnnniatory manner
as such duties and responsbilities involve other employees and the general public.
ARTICLE 23 — SEVERABILITY
23.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by
proper legislative, admiuistrative, or judicial authority from whose finding,
deternunation, or decree no appeal is taken, such provision(s) shall be voided. All other
provisions shail continue in full force and effect.
23.2 The parties agree to, upon written notice, enter into negotiations to place the voided
� provisions of the Agreement in compliance with the legislative, adarinistrative, or judicial
detenuination.
ARTICLE 24 — WAIVER
24.1 The Employer and the Union acknowiedge that during the meeting and negotiating which
resulted in this Agreement, each had the right and opportunity to make proposals with
respect to any subject concerning the tenns 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.
24.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the
other party shall not be obligated to meet and negotiate over any term or conditions of
employment 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.
243 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or
regulations regazding the terms and conditions of employment, to the extent they are
inconsistent with this Agreement, aze hereby superseded.
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ARTICLE 25 - CITY MII,EAGE
25.1 Automobile Reimbursement Authorized: Chapter 33 of the Saint Paul Administrative
Code shall be superseded for members of this bargaining unit by this article.
25.2 Method of Computation: To be eligible for such reimbursement, all officers and
employees must receive written authorization from the Department Head.
When an employee is required to use hislher 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.
253 The City will provide pazking at a location and manuer of the employer's choice within a
reasonable distance ofthe work site for City employees on the above mentioned types of
reimbursement plans who aze required to have their personal caz available for City
business. Such pazking will be provided only for the days the employee is required to
have his/her owa personal car available.
ARTICLE 26 - DURATION AND PLEDGE
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26.1 This Agreement shall become effective as ofthe date of signing, except as specifically
provided otherwise in Articles 11 (WAGES) and 12 (FRINGE BENEFITS), and shall
remain in effect through the 30th day of April, 2010 and continue in effect from year to �
year thereafter unless notice to cbange or to terminate is given in the mamier pmvided in
26.2.
26.2 If either party desires to terminate or modify thas Agreement, the party wishing to modify
or termimate the Agreement shall give written notice to the other party, not more thau
ninety (90) or less than sixty (60) calendaz days prior to the expiration date. The
Agreement may only be so termivated or modified effective as of the expiration date.
263 In consideration of the terms and conditions of employment established by this
Agreement and the recognition that the grievance procadure 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 o£the Agreement:
26.3(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 i`ull, faithful performance oftheir
duties of employment.
26.3(2) The Employer will not engage iu, instigate, or condone any lock-out of
employees.
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� APPENDIX A
The classes of positions recognized by the Employer as.being exclusively represented by the
Union are as follows:
Bricklayer
Masonry Inspector
and other classes ofpositions that may be established by the Employer where the duties and
responsbilities assigned are determined by the Bureau of Mediation 5ervices to be appropriately
represented by this bargaining unit.
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� APPENDIX B
a The basic hourly wage rate for temporary, provisional, regulaz and probationary
employees not participating in PERA appointed to the following classes of positions shall be:
Effective Ma 1, 2007
Class Base Wage Tasable Rate: Base plus Vacation
& Dues
Bricklayer $29.52 $33.24
Bricklayer Foremau $33.02 $36.74
Masonry Inspector
lst step $29.52 $3324
2nd step $33.02 $36.74
3rd step $34.77 $38.49
� The rate ofpay for Bricklayer Foreman and Step 2 for Masonry Inspector shall be $3.50 per hour
over the Jourueyman and Step 1 rates respectively. The rate of pay for Step 3 for Masonry
Inspector shall be $1.75 per hour over the Step 2 rate.
Effective May 1, 2008 (or closest payperiod) there will be an additional $1.60 added to the
hourly total package from which these wages and benefits are calculated. The parties will agree
prior to that date as to the distribution of the $1.60 increase among the wages and vazious
fringes. This amount will be decreased by any increase in Promotional Funds.
Effective May 1, 2009 (or closest payperiod) there will be an additional $1.60 added to the
houriy total package from which these wages and benefits aze calculated. The parties will agree
prior to that date as to the distnbution of the $1.60 increase among the wages and various
fringes. This amount will be deereased by any inerease in Promotionai Funds.
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APPENDIX C
Effective May 1, 2007 the Employer shall:
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contnbute to a Union designated Health and Welfare Fund $6.00 per hour for all hours
worked by employees covered by this Agreement.
contribute to a Local Pension Fund $4.85 per hour for all hours worked by employees
covered by this Agreement.
contnbute to an Intemationai Union Pension Fund $1.50 per hour for all hours worked
by employees covered by this Agreement.
contn�bute to an Appren(iceship Txaming Fund $30 per hour for all hours worked by
employees covered by this Agreement.
e. deduct and forward $2.50 to a Vacahon Fnnd per hour far all hours worked by
employees covered by this Agreement. This anwunt shall be in the form of a payroll
deduction from the rates in Appendix B(Taxable Rate).
£ deduct and forward $1.22 to a Dues Fund per hour for all hours worked by employees
covered by this Agreement. This amount shall be in the form of a payroll deduction from
the rates in Appendix B(Taxable Rate).
The above contributions may be increased or decreased as long as the applicable hourly rates in
Appe*_idix B for employees are decreased or increased by the same total amount.
All contributions and/or deductions made in accordance with this Appendix C shall be forwazded
to depositories as directed by the Union.
The Employer shall establish Workers' Compensation and Unemployxnent Compensation
programs as required by Minnesota Statutes.
With the exception ofthe usage of sick leave banked as a result ofthe 1994 Memorandum of
Agreement, employees covered by this Agreement shall not be eligible for, govemed by, or
accumulate vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits
that are or xnay be established by Personnel Rules, Council Ordinance, or Council Resolutions.
The Employer's fringe beneflt obligation is lunited to the contributions and/or deductions
established by this Agreement. The actual level of benefits provided to employees shall be the
responsibility of the Trustees of the various funds to which the Employer has forwazded
contributions and/or deductions.
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263(3) This constitutes a tentative agreement between the parties which will be
recommended by the City Negotiator, but is subject to the approval of the
Administration of the City, and is also subject to rarification by the Union.
AGREED to this 23rd day of May 2007, and attested to as the fuil and complete
understanding of the parties for the period of time herein specified by the signature of the
following repzesentative for the Employer and the Union.
WIINESSES:
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CITY OF SA1NT PAUL
Relations Manager
Representative
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Tracey B1 s Date
Labor Relations Specialist
BRICKLAYERS & ALLIED
CRAFTWORKERS LOCAL 1
MINNESOTA / NORTH DAKOTA
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ichael Cook ate
Executive Vice-President/Business
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� APPENDTX A
T`he classes of positions recognized by the Employer as.being exclusively represented by the
union are as follows:
Bricklayer
Masonry Inspector
and other classes of positions that may be established by the Employer where the duties and
responsbilities assigned aze detemrined by the Bureau of Mediation Services to be appropriately
represented by this bazgaining unit.
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� APPENDIX B
a The basic hourly wage rate for temporary, provisional, regular and probationary
employees not participating in PERA appointed to the following classes of positions shail be:
Effective 1VIa 1, 2007
Class Base Wage Taaable Rate: Base plus Vacation
& Dues
Bricklayer $29.52 $33.24
BricklayerForeman $33.Q2 $36.74
Masonry Inspector
lst step $29.52 $33.24
2nd step $33.02 $36.74
3rd step $34.77 $38.49
� The rate of pay for Bricklayer Foreman and Step 2 for Masonry Inspector shall be $3.50 per hour
over the Journeyman and Step 1 rates respectively. The rate of pay for Step 3 for Masonry
Inspector shall be $1.75 per hour over the Step 2 rate.
Effective May 1, 2008 (or closest payperiod) there will be an additional $1.60 added to the
hourly total package from which these wages and benefits are calculated. The parties will agree
prior to that date as to the distn`bution of the $1.60 increase among the wages and various
fringes. This amount will be decreased by any increase in Promotional Funds.
Effective May 1, 2009 (or closest payperiod) there will be an additional $1.60 added to the
hourly total package from which these wages and benefits are calculated. The parties will agree
prior to that date as to the distnbution of the $1.60 increase aznong the wages and various
fringes. This amount will be decreased by any increase in Promotional Funds.
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APPENDIX C
Effective NTay 1, 2007 the Employer sha11:
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contnbute to a Union designated Health and Welfare F�und $6.00 per hour for all hours
worked by employees covered by this Agreement.
contribute to a Local Pension Fund $4.85 per hour for all hours worked by employees
covered by this Agreement.
contnbute to an International Union Pension Fund $1.50 per hour for all hours worked
by empioyees covered by this Agreement.
conmbute to an Apprenticeship Training Fund $30 per hour for all hours worked by
employees covered by this Ageement.
e. deduct and forward $2.50 to a Vacation �nd per hour for all hours worked by
employees covered by this Agreement. This amount shall be in the form of a payroll
deduction from the rates in Appendix B(Tasable Rate).
deduct and forward $1.22 to a Dues Fund per hour for all hours worked by employees
covered by this Agreement. This amount shall be in the form of a payroll deduction from
the rates in Appendix B(T�able Rate).
The above contributions may be increased or decreased as long as the applicable hourly rates in
Append'uc B for employees aze decreased or increased by the same total amount.
All contributions and/or deductions made in acwrdance with this Appendix C shall be forwarded
to depositories as directed by the Union
The Employer shall establish Workers' Compensation and Unemployment Compensation
programs as required by Minnesota Statutes.
With the exception of the usage of sick leave banked as a result of the 1994 Memorandum of
Agreement, employees covered by this Agreement shall not be eligible foz, governed by, or
accumulate vacation, sick leave, holiday, funeral ieave, jury duty, or insurance fringe benefits
that are or may be established by Personnel Rules, Council Ordinance, or Council Resolutions.
The Employer's fringe benefit obligation is limited to the clontributions and(ar deductions
established by this Agreement. The actual levei of benefits provided to employees shall be the
responsibility ofthe Trustees ofthe various funds to which the Employer has fonvarded
contributions andJor deductions.
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