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07-907Council File # 07" q�7 Green Sheet # 3043833 RESOLUTION PAUL, MINNESOTA Presented by � 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 Labor Agreement between the City of Saint Paul and the Lakes and Plains Regional Council of Carpenters 3 and Joiners for May 1, 2007 through Apri130, 2010. Requested Bostrom Flazris Helgen Thune ✓ ✓ ✓ Adopted by Council: Date i Adoption Certified by Co�il Secretary $y . �_—� Approv ay r: Date �O �7� By. Q�I_ Approved o£ BX )./`�a� v �- — - �-a ,,,p Approved bY , � eY �y/C2 ���n4//L'�'- �21J��3 BY Llyll� Approved by Mayor for Submission to Council BY ��..+�%e ���.C�2-'�-�� u � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � v�-9o� DepartmeMloffice/council: Date Inifiated: Hu -�w„�R��„� 17SEP-07 Green Sheet NO: 3043833 Co�rtact Person & Phone: Jason Schmidt 266-6503 � Assign Number For Routing Order 0 amaoResources 1 omaa Raources De arhnent Diredor 2 i Attorce 3 '�motialServices 4 or's Office Ma or/Assistant 5 ouncil 6 � Clerk C' Clerk DoaType: RESOLUiIONW/$TRANSAC E-Documerrt Required: Y Docume'H Contac[: Sue Wegwerth Contad Phone: 26E65'13 Total # of Signature Pages _(Clfp Ail Locations for Sfgnature) Apptove and ratify the attached Labor Agreement (May 1, 2007 tluough April 30, 2010) between the City of Saint Paul and the Lakes and Plains Regional Council of Cazpenters and Joi¢ers. Planning Commission CIB Committee Civil Service Commission 1. Has this perso�rm everworked under a conVact for this department? Yes No 2. Has Mis person/firm ever been a ctty employee? Yes No 3. Does this person�rm possess a skill not rrormally possessed by any curzent city employee7 Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, Whffi, When, Where, Why): AdvaMages If Approved: An agreement would be in place through April 30, 2010. Disadvantages If Approved: None. Disadvantages M Not Approved: The relationship between the City and this bazgaining unit would be strained. Trensadion: Punding Source: Financial IrAormation: (Explain) Activity Number: CosURevenue Budgeted: September 19, 2007 1:36 PM Page 1 ATTACHMENT TO THE GREEN SHEET D���� � MAINTENANCE LABOR AGREEMENT WTI'H THE LAKES AND PLAINS REGIONAL COUNCIL OF CARPENTERS AND JOINERS Below is a sununary of the changes m the Maintenance Labor Agreement between the City of Saint Paul and the Lakes and Plau�s Regional Council of Carpenters and Joiners. Duration• May 1, 2007 through Apri130, 2010. Wages: The City agreed to the outside prevailing wage rate for each ofthe nea�t three years. All compensation retroactive to May 1, 2007, except those who have been terminated for cause. • Building Inspector Step 3 0 2007 wage rate was determined by an averaging calculation. 0 2008 and 2009 averaging calculation was elimniated and the outside Cazpenters prevailing wage rate increase will be applied. Civil Service Rules: Members of the bargaining unit will no longer be covered by the City of Saint Paul Civil Service Rules (CSR). All terms and conditions of employment will be covered by the collective bazgaining agreement between the parties. Removed references to CSR in the contract. Article 3 Added language stating the selection of personnel will be based upon City Charter Section 12.01. Other LanEUa$e Chanees: Other language changes are of a housekeeping nature for clarification and clean up. i:�caconm2orr�corrrRncr�ca�a��zoo�nr�aa��aca� 47�90� � MAY 1, 2007 - APRII. 30, 2010 LABOR AGREEMENT � � , -� BETWEEN i - � � � � � � TH��CITY OF SAINT�PAUL�.� �; � " � �. � : � ��. � A�TD �-� � � � �_ � �- � : � � � � _ __� _ � _ " - � .LAKES�AND PLAINS REGIONAL COI7NC�, OE. �, � _ .., _ � � . - � --, � � , �_ CARPE�TTEI���AND JO�IN�RS - �� � � � . _�. ,� � � . � _ � _ � �� . _ � . � • nvnEx v�-q67 ARTICLE TITLE PAGE Preamble ................................................................................................................. ii 1 Purpose .....................................................................................................................1 2 Recognition ..............................................................................................................1 3 Employer Rights ......................................................................................................1 4 Union Rights ............................................................................................................2 5 Scope of the Agreement ...........................................................................................2 6 Probarionary Periods ................................................................................................2 7 Hours of Work ........................................................................................................3 8 Overtime ..................................................................................................................4 9 Call Back/Call In ......................................................................................................4 10 Work Location .........................................................................................................4 11 Wages .......................................................................................................................5 12 Fringe Benefits .........................................................................................................5 13 Selection of Foreman, General Foreman and Senior Building Inspector ................6 14 Legal Services ..........................................................................................................6 15 Holidays ...................................................................................................................7 • 16 DisciplinaryProcedures ...........................................................................................7 17 Absences From Work ..............................................................................................8 18 Seniority ...................................................................................................................8 19 Jurisdiction ...............................................................................................................9 20 Sepazation ................................................................................................................9 21 Tools ......................................................................................................................10 22 Grievance Procedure ..............................................................................................10 23 Right of Subcontract ..............................................................................................12 24 Nondiscrimination ..................................................................................................12 25 Severability ..............................................:.............................................................12 26 Waiver ....................... 27 City Mileage Plan ..... 28 Uniform Aliowance .. 29 Duration and Pledge.. Appendix A ....................... Appendix B ....................... Appendix C ....................... • ................ ................ ................ i ...............................................12 ...............................................13 ...............................................13 ...............................................14 ............................................ A-1 .............................................B-1 ............................................. C-1 • PREAMBLE �?, Tfus Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the Lakes and Plains Regionai Council of Carpenters and Joiners, hereinafter referred to as the Union. The Employer and the Union concur that this Agreement has as its objective the promorion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. The Employer and the Union both realize that this goal depends not only on the words in the A�eement but rather prunarily on attitudes between people at all levels of responsibility. Constructive attitudes of the City, the Union, and the individual employees will best serve the needs of the general public. • r1 L J ii . ARTICLE 1— PURPOSE � 7—y� 7 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1(1) Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; 1.1(2) Set forth rates ofpay, hours ofwork, and other conditions of employment as have been agreed upon by the Employer and the Union; 1.1(3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to 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 conforxns to the statute as provided by Article 25 (Severability). ARTICLE 2 — RECOGivITION • 2.1 The Employer recognizes the Union as the exclusive representative for collective bazgaining purposes for all personnel having an employment status of regular, probationary, provisional, and temporary employed in the classes ofpositions defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-478-A dated April 16, 1973. ARTICLE 3 — EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, facilities, and equipment; to establish funcfions and progruns; to set and amend budgets; to determine the urilization of technology, to establish and modify the organizational structure; to select, direct and deterniiue the number of personnel; and to perfoxm 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 "terxn or condition of employmenY' not established by this Agreement shall remain with the Employer to elixninate, modify, or establish following written notificarion to the Union. • ��1-y� 7 ARTICLE 4 - iTNION RIGHT5 4.1 The Employer shalt deduct from the wages of employees who authorize sucfi a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted sha11 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 aad save harmless the Employer from any and all claims or charges made agaiust the Employer as a result of the implementation of this Article. 4.2 The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the Employer in writing of such designafion. Such employee shall have the right and responsibilities as designated in Article 22 (Grievance Procedure). 43 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his/her designated representative shall be permitted to enter the facilities of the Employer where employees covered by this Agreemettt are worlang. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employmenY' defined by M.S.179A for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Civil Service Ruie, Council Ordinance, and Council Resolution. 5.2 Effective May i, 2007, employees represented by this agreement are not subj ect to nor do they ha�e any rights under the Saint Paul Civil Service Rules. ARTICLE 6 - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following sepazation, in a regular employment status shall serve a suc (6) month probationary period during which time the employee's fitness and ability to perform the position's 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 witthout appeal to the provisions of Article 22 (Cmevance Procedure). 6.1(2) An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shail be sent to the Union. • • u 2 • ARTICLE 6— PROBATIONARY PERIODS (Continued) �� �� 7 6.2 All personnel promoted to a Sugher class shall serve a six (6) month promorional probationary period during which time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.2(1) At any time during the promotional 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 22 (C,rievance Procedure). 6.2(2) An employee demoted during the promotional probationary period shall be retumed to the employee's previously held class and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7— HOURS OF WORK 7.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute lunch period, between 7:00 a.m. and 5:30 p.m. 7.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. • 73 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establish the condirions of such shifts and/or work weeks. 7.4 This section shall not be construed as, and is not a guarantee of, 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, at the established starting time and shall remain at an assigned work locarion until the end of the established work day unless otherwise directed by their supervisor. 7.6 All employees aze subject to call back by the Employer as provided by Article 9(Call Back/Call In). 7.7 Employees reporting for work at the established starting time and for whom no work is available sl�all 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 73, employees may, through mutual agreement with the Employer, for the purpose of attending seminars, conferences or training, work schedules other than schedules limited by the normal work day and work week as set forth in Sections 7.1, 7.2 and 73. 0 7-�� ARTTCLE S — OVERT`IlV1E 8.1 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 eredit unless approved in advance. An overtime claim will not be honored, even though shown on the time cazd, unless the required advance approval has been obtained. 8.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work perFormed under tha following circumstances: 8.2(1) f'� c+ E� 8.2(2) Time worked in excess of eight (8) hours in any one normal work day and Tima worked in excess of forty (40) hours in any seven (7) day period. 8.2(3) Overtime compensarion for emptoyees shall be subject to the provisions of the Federal Fair Labor Standazds Act including those worldng under such agreements as stated in Article 7, section 7.8 of this collective bargaining agreement. For the putposes of calculating overtime compensafion overEime hours worked shall not be "Pyramided", compounded, or paid twice for the same hours worked. Overtime hours worked as provided by this Article shall be paid in cash or in compensatory time. The method of payment shall be determined solely by the Employer. ARTICLE 9 CALL BACK/CALL IN 9.1 The Employer retains the right to call in or call back employees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 9.2 Employees called in or called back shall receive a m;n;mum of four (4) hours straight time pay at the basic hourly rate or shall be compensated in accordance with Article 8 (Overtime), wken applicable, whichever 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 noxmal work day and be compensated only for overtime hours worked in accordance with Article 8 (Overtime}. ARTICLE 10 — WORK LOCATTON 10.1 Employees shall report to work locations as assigned by a designated Employer supervisor. During the normal work day employees may be assigned to other work locations at the direcrion of the Employer. � • r 1 U � • • ARTICLE 11- WAGES o�-yo 7 11.1 The basic hourly wage rates as established by AppendiY B shall be paid for all hours worked by an employee. No retroactive payment shall be made to any employee who has ternunated his/her employment prior to signing of the new Agreement. 11.2 Employees in the classification of Building Inspector shall begin employment at step 1; shall advance to step 2 after working 1850 hours as a Building Inspector and successfizlly 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; shall advance to step 3 after working an additiona13700 hours as a Building Inspector and successfully complete 24 credits in Building Inspection Technology as provided at an accredited community college or voca6onal school and attain Class II Building Official Certification. Advancement in step shall be implemented at the start of the pay period following the attainment of hours for each step. 11.3 Employees shall be compensated in accordance with Articie 11.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12 (Fringe Benefits). 113(1) Participating (Union benefited) employees shall use all vacation that they have eamed and are eligible for as outlined in the Lakes and Plains Regional Council of Carpenters & Joiners Regulaz Vacation and Holiday & Reserve Trust Plan Documents. 11.4 Provisional and temporary employees shall be considered, for the purposes of this Agreement, "participating employees" and shall be compensated in accordance with Article 11.1 (Wages) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Axticle 12 (Fringe Benefits). 11.5 All regular employees employed after Februazy 15, 1974, shall be considered, for the purpose of this Agreement, "participating employees" and shall be compensated in accordance with Article 11.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12 (Fringe Benefits). 11.6 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 1, 2000 who elected to remain under the PERA plan pursuant to Section 353.01 subd. 2b(18) of the Minnesota Statutes. ARTICLE 12 - FRINGE BENEFITS 12.1 The Employer shall make conhibutions on behalf of and(or make deductions from the wages of employees covered by this Agreement in accordance with Appendiz C for all hours worked. Q1-���� ARTICLE 13 — SELECITON OF FOREMAN, GENERAL FOREMAN AND • SENiOR BUII.DING INSPECTOR 13.1 The selecrion of personnel far the class of Cazpenter Foreman and Senior Building Inspector shall remain solely with the Employer. 13.2 The classes of positions Cazpenter Foreman and Senior Building Inspector shall be filled by empIoyees of the bazgaining unit on a"temporary assignment " 13.3 All "temporary assignments" shall be made only at the direction of a desigiated Employer supervisor. 13.4 Such "temporary assignments" may be made only in cases where the class ofpositions is vacant for more than four (4) normal work days. ARTICLE 14 — LEGAL SERVICES 14.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, or indifference to rigIits of others, the Employer shall defend, save harmless and indemnify employee against tort claim or demand whether groundless or otherwise arising out of alleged acts or omission occurring in the performance or scope of the employee's duties. 14,2 Norivithstanding the provisions of Section 14.1 the Employer shall not be required to • defend or indemnify any employee against personal liability, or damages, costs or expense (a) resulting from a claim, suit, verdict, finding, det ir, tion or judgment that the employee has committed an intentional tort or torts, including but not limited to slander, libel and/or other defamatory harms; or (b) arising out of cross claims, counterclaims, affirmative defenses and/or sepazate actions brought against such employee in response to or resulting from claims, allegations, demands or actions (whether or not litigation was actually commenced) brought, made or instituted by such employee. 143 Each empioyee, within 20 days after receiving notice of (1) a tort claim or demand, action, suit or proceeding against him/her, (2) a judgment, verdict, finding or detenu�nation, either of which arises out of alleged or found acts or omissions occurriug in the performance or scope of the employee's duties, shall notify the City by giving written notice thereof to the Office of the City Clerk. � 0 ARTICLE 15 — HOLIDAYS � 15.1 The following ten (10) days shall be designated as holidays: o�-yo� New Yeaz's Day, January 1 Mariin Luther King Day, third Monday in January (effective 1986) 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 11 Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, fourth Friday in November Chrishnas Day, December 25 15.2 When New Year's Day, Independence Day or Chrishnas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Sat�day, the preceding Friday shall be considered the designated holiday. 15.3 The ten (10) holidays shall be considered non-work days. 15.4 If in the,}udgment of the Employer personnel aze necessary for operating or emergency • reasons, employees may be scheduled or "called back," or "called in," in accordance with Article 9 (Call Back/Call In). 15.5 Participating employees (IJnion benefited), as defined in tlrticles 113, 11.4 and 11.5, assi�ed to work on Martin Luther King Day, Presidents' Day, Day After Thanksgiving, or Veterans' Day shall be compensated on a straight time basis for such hours worked. 15.6 Participating employees (iJnion benefited) assigned to work on New Yeaz'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 such hours worked. A.RTICLE 16 — DISCIPLINARY PROCEDURES 16.1 n U 16.2 The Employer shall have the right to nnpose disciplinary actions on employees for just cause. Disciplinary actions by the Employer shall include only the following actions: 16.2(1) Oral reprixnand 16.2(2) Written reprunand 16.2(3) Suspension (L'united to 30 days) 16.2(4) DemoYion 16.2(5) Dischazge 7 07 0 ARTIC E 16 - DISCIPLINARY PROCEDURES (Continued) 163 Employees that aze suspended or dischazged have the right to appeal these disciplinary actions by followiag the grievauce procedures specified in Article 22.4 (Grievance • Procedure) of this agreement. ARTICLE 17 — ABSENCES TROM WORK 17.1 Employees wko aze unable to report for tkeir normal work day have the responsibility to nofify their supervisor of such absence as soon as possible, but in no event later than the beginning of each work day. 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (Discipliaary Procedures). 17.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a"quiY' by the Employer on the part of the employee. ARTICLE 18 — SElVIORIT'Y 18.1 Seniority, for the purposes of this Agreement, shali be defined as follows: 18.1(1) "Master Seniorit}�': the length of continuous regular and probationary service with the Employer from the last date of employment in any and all class titles covered by this Agreement. 18.1(2) "Class Seniorit}�': the length of continuous regulaz and pmbationary • service with the Employer from the date an employee was first appointed to a class title covered by this Agreement. 18.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appoinhnent to the unclassified service of the Employer, or to an elected or appoittted full-time position with the Union. 18.3 Seniority shall terminate when an employee retires, resigns, or is dischazged. 18.4 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 offby class tide within each Department based on inverse length of "Class Seniority." However, management reserves the right to insiitute layoffs out of seniority for legitimate business reasons. The Union will receive a thirty (30) day written notification of the legitimate business reason for out-of-order layoff only. ManagemenYs exercise of tlus right shall not be azbitrary or capricious. If the Union believes that an out-of-order layoff has occurred for an azbitrary or capricious reason, such decision may be grieved under Article 22 (Grievance Procedure). Upon request, the parties agree to "meet and confer" to discuss any out-of-order layoff. This Article shall not be used in place of Articie 16 (Disciplinary Procedures) to discharge employees. Recall from layoff shail be inverse � order of layofF, except that recall rights shall expire after two (2) yeazs of layoff: 0 ARTICLE 18 - SEIVIORITY (Continued) � a7-��� 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniorit�', subject to the approval of the Employer. 1._J ARTICLE 19 - JURTSDICTION 19.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate subject for deternrination by the various unions representing employees of the Employer. 19.2 The Employer agrees to be guided in the assigunent of work jurisdiction by any muhxal agreements between the unions involved. 19.3 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 possible to resolve the disgute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute, or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 19.2 and 193 above sha11 be subject to disciplinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. ARTICLE 20 - SEPARATION 20.1 Employees having a probationary or regulaz employment status shall be cottsidered sepazated from employment based on the following actions: 20.1(1) 20.1(2) 20.1(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 16 (Disciplinary Procedures). Failure to Report for Duty: As provided in Article 17 (Absences from Work). 20.2 Employees having a temporary or provisional employment status may be terminated at the discretion of the Employer before the complerion of a normal work day. • o�-�i c�7 ARTICLE 21— TOOLS • 21.1 All employees shall personally provide themselves with alI necessary hand tools. ARTICLE 22 — GRIEVANCE PROCEDURE 22.1 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 of the name of the Steward and of their successor when so named. 22.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is litnited by the j ob duties and responsibilities of the employees and shall therefore be accomplished during worldng hours only when consistent with such employee duties and responsibilities. The Stewazd involved and a grieving employee shall suff'er no loss in pay when a grievance is processed during worldng hours, provided, the Stewazd and the employee have notified and received the approval of theu supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 223 The procedure established by this Article shall be the sole and exclusive procedure, for the processing of grievances and disciplinary actions under 16.2, which aze defined as an alleged violation of the terms and conditions of this Agreement. 22.4 Grievances and disciplinary actions of Ariicle 16 (Disciplinary Procedures) shall be • resolved in conformance with the following procedure: Step 1 Upon the occurrence of an atleged 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 grievauce 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 of the Agreement not reduced to writing by the Union within seven (� calendar days of the fust occurtence of the event giving rise to the grievance or withiu the use of reasonable diligence should have had lmowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived Step 2 Within seven (7) calendar days af�er 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 tUree (3) calendar days following this meeting. Tke 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) calendar days following receipt of the Employer's answer shall be considered waived. 10 ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) � o�-yo� Step 3 Within seven (7) calendar days following receipt of a gievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or his/her designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the Employer shall reply in writing to the Union stating the Employer's answer conceming the grievance. If as a resuit of the written response the grievance remains nnr esolved, 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) calendaz days following receipt of the Employer's answer shall be considered waived. Step 4 If the grievance remains unresolved, the Union may within seven (7) calendaz days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an azbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitratoz within the said seven (7) day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) • arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (ist) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shali be the azbitrator. 22.5 The ar'oitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The azbitrator 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 laws, rules, or regulations having the force and effect of law. T'he azbitrator's decision sha11 be submitted in writing within thiiiy (30) days following close of the hearing or the submission of briefs of 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 to the facts of the grievance presented. The decision of the azbitrator shall be final and binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be bome equally by the Employer and the Union, provided that each party shall be respansible for • compensating its own representative and witnesses. 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. 11 c��i- �� � ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) 22.7 The time limits in each step of this procedure may be extended by mutual agreement of • fhe Employer and the Union. ARTICLE 23 - RIGHT OF SUBCONTRACT 23.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction of the work force covered by this Agreement, the Employer shall give the Union a sixty (60) calendaz day notice of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to employers who quatify in accordance with Ordinance 14013. �� ��►�L��[�7�17�Y� �u � i� � r ��►i 24.1 The terms and conditions of this Agreement wiil be applied to employees equally without regazd to, or discrimination for or against, any individual because of race, color, creed, sex, age, or because of inemberskup or non-membership in the Union. 24.2 Employees wili perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public. • ARTICLE 25 — SEVERABILITY 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative, or judicial authority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 25.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative, or judicial determination. ARTICLE 26 — WANER 26.1 The Employer and the Union aclmowledge that during the meeting and negotiating which resulted in tlus Agreement, each had the right and opporiunity to make proposals with respect to any subject concerning the terms and condifions of employment. The agreements aud understandings reached by the parties after the exercise of this right are fuily and completely set forth in this Agreement. • 12 A.RTTCLE 26 - WAIVER (Continued) 07-94� 26.2 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 terms 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. 263 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regazding the terms and conditions of employment, to the extent they aze inconsistent with this Agreement, are hereby superseded. ARTICLE 27 - CITY lYIILEAGE PLAN 27.1 Automobile Reimbursement Anthorized: Pursuant to Chapter 33 of the Saint Paul Legislarive Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 27.2 Effective Januazy 1, 2005, employees of this bazgaining unit shall receive the current IRS mileage reitnbursement rate. 273 The City will provide parking at a location and manner of the employer's choice within a reasonable distance of the work site for City employees who are required to have their personal caz auailable for City business. Such pazking will be provided only for the days • the employee is required to have his/her own personal caz available. 27.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and fixrther require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single lunit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the City Clerk. ARTICLE 28 - UNIFORM ALLOWANCE 28.1 A uniform allowance base of three hundred and fifty-five dollars ($355.00) as a clothing allowance on a voucher system is established for 1986 for all inspectional employees of the Fire Prevention Division of the Saint Paul Department of Fire and Safety Services covered by this Agreement. Items covered by this clothing ailowance shall be defined by the Employer. • 13 �7�c��- ARTICLE 29 — DURATION AND PLEDGE 29.1 This Agreement shall become effective as of the date of signing, except as specifically provided otherwise in Articles i l and 12, and shall remain in effect through the 30th day of April, 2010, and continue in effect from yeaz to yeaz thereafter unless notice to change or to ternunate is given in the manner provided in 29.2. 29.2 If either party desires to tenvinate or modify this Agreement, effective as of the date of eapiration, 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 sixry (60) calendar days prior to the expiration date, provided, that the Agreement may only be so terminated or modified effective as of the expiration date. 29.3 In consideration of the terms aud conditions of employment estab�ished by this Agreement and the reco�ition 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: 293(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 full, faithful performance of theu duties of employment. 293(2) The Employer will not engage in, instigate, or condone any lock-out of employees. 293(3) This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is subj ect to the approval of the Administration of the City, and is also subject to rafification by the Union. Agreed to this th day of September, 2007, and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representative(s) for the Employer and the Union: 1:LY U �FY.�� City of Saint Paul , % i,�i' ' ' " ' - . �. - � . - ... .� .- � /f� ///' /!.� ���' �: - ... �- .� Lakes and Plains Regional Council of Carpenters and 7oiners ���� ��,y/� Ken Kelash � D� Business Manager 9eS�" d? Scott Malcom ate Executive Secretary/Treasurer 14 � • • APPENDIX C • Effective May 1, 2007 the Employer shall: � 7 � 9 �� (1) contribute to a Union designated Health, Welfare and Dental �nd $533 per hour for all hours worked by "participating employees," as defined in Articles 11.3, 11.4 and 11.5, of this Agreement. (2) contribute to a Defined Bene�it Pension Fund $5.50 per hour for all hours worked by "participating employees." (3) conhibute to a Defined Contribution Pension Fund $.69 per hour for all hours worked by "participating employees". (4) contribute to a Vacation Fund $231 per hour for all hours worked by "participating employees." A payroll deduction in this amount shall be made from the hourly rates listed in Appendix B. (5) contribute to an Apprenticeship Training Fund $33 per hour for all hours worked by "participating employees." r1 LJ • C-1 • r� U APPENDIX B D�` 9D 7 1. The basic hourly wage rate for temporary employees and union-benefited employees appointed to the following class of positions who are not participating in PERA shall be: Effective Effective 5/Ol/07 5/1/08 (or closest pay period) Carpenter $32.84* $*** Carpenter Foreman $34.59* $*** Building Inspector 1 st Step 2nd Step 3rd Step $32.84* $*** $34.59* $*** $40.70* $*** Effective 5/U09(or closest oav period) $**M* $:x*** $*�*� $*:x** $***:x Senior Building Inspector $44.45* $*** $**** * This rate includes a tasable vacarion/dues conh of $231. 2. The basic hourly wage rate for union-benefited employees appointed to the following class of positions who are participating in PERA: Effective Effective 5/Ol/07 5/i/08(or closest nayperiod� Cazpenter $30.91* $*** Carpenter Foreman $32.56* $*** Building Inspector lst Step 2nd Step 3rd Step $30.91* $*** $32.56* $*** $3831* $*** Effective 5/1/09(or closest �aweriod� $+*** $�x�** $**** $***:� $*�** Senior Building Inspector $41.81* $*** $**** * This rate includes a tasable vacation/dues contribution of $2.31. Note: Effective 7anuary 1, 2007 the State of Minnesota increased this rate to 6.25%. This rate is subject to further increase or decrease by the State of Minnesota. • I: 0��-y�-� APPENDIX B (Continued) ***Effective May 1, 2008 (or closest pay period) an additional $1.60 per hour increase • will be added to the total package. The pazties will agree prior to that date regarding the distribution of the $1.60 between wages and fringes. ****Effective May 1, 2009 (or closest pay period) an additional $1.60 per hour increase will be added to the total package. The parties will agree prior to that date regarding the dishibution of the $1.60 between wages and fringes. All Building Inspectors shall be paid the appmpriate step in accordance with Article 11.2 of the collective bazgaining agreement. If the Union elects to have the contdbutions listed in Appendix C increased or decreased, the Empioyer may adjust the above applicable rates for participating employees in such a way that the total cost of the package (wage rate plus con� remains constant. • • f•.� � �' � _ ` + ►` -� � � 7 The classes of positions recognized by the Employer as being exclusively represented by the Union aze as follows: Carpenter Carpenter-Foreman Building Inspector Building Inspector (Carpenter, Plasterer, Lather) Senior Building Inspector • r1 L_J and other classes which may be established by the Employer where both parties agree that the newly established classes should be represented by the Union. In the event that the parties cannot agree, the issue shall be detemuned by the State Bureau of Mediation Services. A-1