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