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08-361Council File # d $ — 3�y/ Green Sheet # 3051170 RESOLUTION 3 OF �AINT PAUL, MINNESOTA Presented by 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 2008 — 2010 Collective Bargaining Agreement between the City of Saint Paul and the Inteinational Union 3 of Elevator Constructors, I,ocal 9. Requested by DepaKment of. •�� `��•��f�� / . O %� ��/ r ' . • .� � � . • . �- � � � i� _ � / „_ � for Sd}S�ssian to CouncIl � Adoption Certified by C uncil Sectetary BY• / / l/1?i ',L� ' :� I � Approved o Date -7 �'� Qg By. � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � !Jg- 3t� � HU ��m�Resonrces 'IS-MAR-0S Green Sheet NO: 3051170 CoMact Person & Phone: Jason Schmid[ 26fr6503 Doc.7ype: RESOLUTIONW/$TR4NSAC E-DocumeM Requfred: Y Document Contact: Sue Wegwerth CoMact Phone: 2666513 � Assign Number For Routing Order Total p of Sigaature Pages _(CGp Ali G,ocaUans for Signature) 0 nmanResources i umanResounes artmenfDirector 2 ��nciat Services ce FS�ndaV Services 3 Attorce 4 a or's OtSce Ma orJAssistant 5 ouncil C1 Coupcil 6 � G7erk C' Clerk Resolution approving the attached January 1, 2008 through December 31, 2010 Collective Bazgaining Agreement between the City of Saint Paul and the Intemational Union of Elevator ConsWctors, Local 9. itla6ons: Approve (A) or R Planning Commission CIB Commiltee Civil Service Commission 1. Has this persoNfam ever worked under a cantract for this department? Yes No 2. Has this perso�rm ever been a city employee? Yes No 3. Does this personffirm possess a skiil not normally possessed by any cuRent ciry emptoyee? Yes No Explai� aIl yes answers on separate sheet and attach to green sheet Initiating Prob�em, lssues, Opportunity (Who, What, When, Where, Why): 'ILe Coilective Bargaining Agreement with the Internarional Union of Elevator Consiructors, Loca19 has expired. The City of Saint Paul is required to negotiate with this bargaining unit. Advantages H Approred: An agreement reached through good faith bazgaining will be in place throu� December 31, 2010. Disadvantages H Approved: None. Disadvantages If Not Approved: The City would be required to re-open negotiations with this bazgaining unit. This would strain relations and possibly lead to a strike. Transactfon: Funding Source: Ftnancia! IMortnatlort: (Explain) Activity Number: CostlRevenue Budgeted: March 18, 200$ 12:12 PM Page 1 p8-3trl ATTACHMENT TO THE GREEN SHEET COLLECTNE BARGAINING AGREEMENT WITH INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS, LOCAL 9 Below is a summary of the changes in the Collective Bargaining Agreement between the City of Saint Paul and the International Union of Elevator Constructors, I.oca19. Duration: January 1, 2008, through December 31, 2010. Waees: The City agreed to the outside prevailing wage rate for each of the next three years. Compensation retroactive to January 1, 2010 for wages and benefits. Probation: Effective January 1, 2008, all employees serve a one (1) year probationary period. Other LanEUa2e Chanees: Other language changes are of a housekeeping nature for clarification and clean up. G.\Shared\I12COMMOIV�CON7RACP�E]ectric�ans�2006\greenattachmen[06.wpd - �. � � � �d-3C�l JANUARY l, 2008 THROUG� DECElVIBER 31, 2010 - � � °_ COLLECT1vE BAI2GAINtNG AGREElV3�NT _ � � � � � � � -betwe�n - ' . � �� . . � . � � � T�-I�. C�TY U� SAgTT P1��TL � � ani� - - � � � � �� INTERN�TfONAL- .UNION.aF _. , � _ _ � -- �I�E�'ATtJR CON�'�RUC'�ORS, _ � � � , � � � � �� LflCAL 9.�� - �- � = � � � � �: • • INDEX ARTICLE TTTLE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Preasnble ............................................ �-3(,�/ PAGE .................................................... ii Purpose ..................................................................................................................... l Recognition..............................................................................................................1 EmployerRights ......................................................................................................1 UnionRights ............................................................................................................1 Scope of the Agreement ...........................................................................................2 Probarionary Periods .......................... Hours of Work ................................... Overtnne............................................ Ca11 In/Call Back ................................ Work Location ................................... ...........................................................2 ...........................................................3 ............................................................3 ............................................................4 ............................................................4 Wages and Fringe Benefits ......................................................................................4 Holidays...................................................................................................................5 Disciplinary Procedures ...........................................................................................6 Absencesfrom Work ...............................................................................................6 Seniority ...................................................................................................................6 Jurisdiction ........................................... Separation............................................ Tools.................................................... Grievance Procedure ............................ Right of Subcontract ............................ .....................................................7 .....................................................8 .....................................................8 ..................................................... 8 ...................................................10 Nondiscrimination .................................... Severability .............................................. Waiver...................................................... CityMileage ............................................. Durarion and Pledge ................................. AppendixA ............................................. AppendixB ............................................. AppendixC ............................................. AppendixD ............................................. ..........................................................10 ..........................................................11 ..........................................................11 ..........................................................11 ..........................................................12 ...................................................... A - 1 .......................................................B - 1 .......................................................0 - 1 ...................................................... D - 1 • bg-3�� . PREAMBLE This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the Intemarional Union of Elevator Constructors, L,oca19, hereinafter refened to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labar-management cooperation. The Employer and the Union both realaze that this goal depends not only on the words in . the Agreement but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the City, the Union, and tlte individual employees will best serve the needs of the general public. • ii U8 -3!� I • ARTICLE i - PURPOSE I.1 The Employer and the Union agree that the purpose for enterin� into this Agreement is to: 1.1 (2) Achieve orderly and peaceful relarions, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concemed; I.I (2) Set forth rates of pay, hours of work, and other conditions of employment as have been ageed upon by the Employer and the Union; 11 (3) Establish procedures to orderty and peacefully resolve disputes as to the application or interpretation of this Ageement without ]oss 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 Iatter shaIl prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 22 (SEVERABILITY}. ARTICLE 2 - RECOGNITION • 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisional, and temporary employed in the classes defined in Appendix A as certafied by the Bureau of Mediation Services in accordance with Case No. 73-PR-475-A dated April 13, I973. ARTICLE 3 - EMPLOYER RIGHTS 3. t The Employer retains the right to operate and manage a11 personnel, facilities, and equipment; to establish fnnctions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number ofpersonnel; and to perform any inherent managerial function not specifical]y limited by this Agreement. 32 Any "term or condition of employmenY' not established by this Ageement shall remain with the Employer to eliminate, modify, or estabSish follo�uing written notification to the Union. ARTTCLE 4 - UNION RIGATS 4.1 The Employer shall deduct from the wages of emptoyees ��ho authorize such a deduction • in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. ARTICLE 4 — UNION RIGHTS (Continued) 41(1) The Employer shall not deduct dues from the wages of employees covered by , this Agreement for any other labor organization. 4, t(2) The Union shaIl indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the imp2ementation of this Article. 4.2 The Union may designate one (1) employee from the bazgaining unit to act as a Stewazd and shalt inform the Employer in writing of such designation. Such employee shall have the righfs and responsibitities as designated in Article 14 (GRIEVANCE PROCEDIIRE). 43 Upon notification to a desi�ated Employer supervisor, the Business Manager of the Union, or his/her designated representative, shall be permitted to enter the facilities of the EmpIoyer where empIoyees covered by this A�eement aze working. ' • ' � • -� ' 1/ 5.1 This Agreement estabIishes the "terms and conditions of employment" defined by M.S. 179 for all emptoyees exclusively represented by ihe Union. This Agreement shail supersede such "terms and conditions of employmenY' established by Civil Service Rule, Council Ordinance, and CoimciI Resotution. ARTICLE 6 — PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separafion, in a reg¢1ar employment status shall serve a one (I ) year probationary period c3uring wkich time the employee's fitness and ability to perform the position's duties and responsibilihes shall be evaluated_ 61 (1) At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 19 (GRIEVANCE 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 shall be sent to ihe Union. 6.2 All personnel promoted to a higher class shall serve a one (1) year promotionai probationary period during which Time the employee's fitness and ability to perform the position's duties and responsibilities shal} be evaluated. i 6.2 (1) At any time during the promotional probationary period an empioyee may be demoted to the employee's previously held class at the discretion of the Employer without appeal to the provisions of Articfe 19 (GRIEVANCE • PROCEDLJRE). 2 08 � 3!� l � ARTICLE 6 - PROBATIONARY PERIODS (Continued) 6.2 (2) An employee demoted during the pzomotional probafionary period shall be rehuned to the employee's previously held cIass and shall receive a written notice of the reason(s) for demotion, a copy of wkrich shall be sent to the Union ARTICLE 7- HOURS OF WORK 7.I 7.2 The normaI work day shall be eight (8} consecutive hours per day, excluding a thirty (30) minute lunch period, between 7:00 a.m. and 7:00 p.m. The normaI 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 estabiish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establash the conditions of such shifts and/or work weeks. 7.4 This section shail not be construed as, and is not a guarantee of, any hours of wark 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 ]ocation until the end of the established work day unless otherwise directed by their supervisor. 7.6 AII employees are subject to call in or call back by the Bmployer as provided by Article 9 (CALL IN/CALL BACK). 7.7 Employees reporting for work at the established starting time and for whom no work is available sha31 receive pay for two (2) hours, at the basic hourly rate, nnless notification has been given not to report for work prior to leaving home, or during the previous work day. ARTICLE 8 - OVERTIME 8.1 Ail overtime compensated for by ihe Employer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 8.2 The overtime rate of one and one-half ( I.5) times the basic hourly rate shall be paid for work performed under the following circumstances: • 8.2 (1) Time worked in excess oFeight (8) hours in any one normal work day; and 8.2 (2) Time worked on a sixth (6` day following a normal work week. ARTICLE 8 - OVERTIME (Coutinued) 8.3 The overtime rate of rivo (2) times the basic hourly rate shall be paid for work performed under the following circumstances: • .� � 83 (1) Time worked on a Holiday as defined in Article 12 (HOLIDAYS); 8.3 (2) Time worked on a seventh (7`�`) day following a normal work week; and 83 (3) Time worked in excess of twelve (12) consecutive hours in a twenty-four (24) how period, provided, that all "emergenc}�' work required by "Acts of God" shall be compensated at the rate of one and one-half (1.5). For "pyramided", or "compounded": Employees shalf not be paid twice for the same hours worked. Overtime hours worked as grovided by ttus Artic�e shail be paid in cash ar compensatory time at the option of the Employer. ---- z:i�Tlf i F 9 CAi T_71,T%(_'Ai T. RAC'K 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 empioyee has completed a normal work day or normal work week. 9.2 Employees called in or called back shall receive a minimum of four (4) hows straight time pay at the basic hourly rate or shall be compensated in accordance with ArticIe S(OVERTIME), when applicabte, whichever is greater. 42 (1) Notwithstanding Articie 9.2, employees called in four (4) hours or less prior to their normal work day shalt 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 tfie normal work day employees may be assigned to other work locations at fhe discretion of the Employer. ARTTCLE lI - WAGES AND FRINGE BENEFITS I 1.1 The basic hourly wage rates as estabIished by Appendix C shall be paid for all hours worked by an employee. ll.I (I) The Employer will assign one employee of its choosing as the Senior Inspector. This employee wiIl receive a premium eqnat to I2.5 % of the wage in Appendix C. • • ps �3[n � ARTICLE 11— WAGES AND FRINGE BENEFITS (Continued) • 11.2 Temporary employees shall be compensated in accordance with Paragraph A and B of Appendix C. l I3 All regular and provisional employees shall be compensated in accardance with Paragraph B ofAppendix C. 11 _4 The Empioyer shail make contributions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix D. ARTICLE 12 — HOLIDAYS 12.1 The following ten (10) days shalI be designated as fiolidays: New Yeaz's Day, January i Martin Luther King Day, third Monday in January 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, fow Thursday in November • Day after Thanksgiving, fowtl� Friday in l�ovember Christmas Day, December 25 12.2 Of the ten (10) designated ho]idays in 121 above, the following holidays are designated as paid holidays: New Year's Day, Jannary 1 Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Thanksgiving Day, fourth Thursday in November Day after Thanksgiving, fourth Friday in November Christmas Day, December 25 12.3 When New Year's Day, Independence Day, or Christmas Day faI]s on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 12.4 The ten (20) holidays listed in I2.1 above sha11 be considered non-work days. 12.5 If, in the judgment of the Employer, personnet are necessary, employees may be • schedufed, "called in", or "called back" in accordance with Article 9(CALL II�/CALL BACK). ARTICLE 12 — HOLIDAYS (Continued) 12.6 Employees assigned to work on Martin LutUer King Day, or Presidents' Day, shall be compensated on a s�aight time basis for such hours worked. 12.7 Empfoyees assigned to work on New Year's Day, Memorial Day, independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, ar Chrishnas Day shalt be cornpensated at the rate af two (2) 6mes the basic hourIy rate for such hours worked. 12.8 Temporary employees are not eligible for paid holidays. ARTICLE 13 — DISCIPLINARY PROCEDURES 13.I 13.2 Tfie Employer shaII have the right to impose disciplinary actions on employees for just canse_ actions by the Empioyer shall include only the following actions: 13.2 (1) Oral reprimand, 13.2 (2) Written reprimand, 132 (3) Suspension, I3.2 (4} Demotion, 13.2 (5) Discharge. ARTICLE 14—ABSENCES FROM WORK 141 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. I4.2 Failure to make such notification may be grounds for discipline as provided in Article 13 (DISCIPLINARY PROCEDLJRES). 14.3 Failure to report for work withouf notification far Uuee (3) consecuiive normal work days may be considered by the Employer to be a"quit" on the part of the employee. ARTICLE 15 — SEi�TIORITY I5.1 Seniority, for the purposes ofthis Ageement, shail be defined as follows: 15.I (] ) "Master Seniority" — the length of continuous regnlar and probationary service with the Employer from the last date of employment in any and all class titles covered by this A�eement. 15.1 (2) "Class Seniority" — the ]ength of continnous regular and probationary serczee with the Employer from the date an employee was first appointed to a cIass title covered by this Agreement. • • • ARTICLE 15 — SENIORITY (Continued) DS-3Ce1 • 15.2 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 iliness or injury; is granted to allow an employee to accept an appointrnent to the unciassified service of the Employer or to an elected or appointed full-time position with the Union. 15.3 Seniority shai] terminate when an employee retires, resigns, or is discharged. 15.4 In the event it is determined by the Employer that it is necessary to reduce the work force, employees will be laid offby class title within each department based on inverse length of "Class Seniorit}�'. Employees 3aid off shall have the right to re3nstatement in their department to any previously held lower-paid class title in this Bargaining Unit, provided the emgloyee has greater "Ciass Seniority" than the employee being displaced. 15.5 The selection of vacation periods shal] be made by ciass title based on lengih of "Class Seniorit}�', subject to the approval of the Employer. 15.6 This Article 15 shall only apply to individuals employed by the City as of July 1, 2003 in a job classification covered by this Agreement. There is no Seniority for other employees. • ARTICLE 16 — JURISDICTION 16.1 Disputes concerning work jurisdiction between and amang unions are recognized as appropriate subjects for determination by the various unions representing employees of the Employer. 16.2 The EmpSoyer agrees to be guided in the assignment ofwork jurisdiction by any mutual agreements between the unions involved. 16.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Employer shali meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shaIl restrict the right of the Employer to accomplish the work as originaliy assigned pending resolution of ihe dispute ar to restrict the Employer's basic right to assign work. 16.4 Any emp]oyee refusing to perform work assigned by the Employer and as clarified by Sections I6.2 and 163 above shall be subject to disciptinary action as provided in Article 13 (DISCIPLINARY PROCEDI JRES). ] 6.5 There shall be no work stoppage, s3ow do�Tn, or any disruption ofwork resulting from a work assignment. • ARTICLE 17 - SEPARATION 17.1 Employees having a probaCionary or regular employment status shall be considered separated from emplayment based on tke following actions: 17.I (1) Resignafion. Employees resigning from employment shall give written notice fourteen (14) calendaz days prior to the effective date of the resignation. 17.t (2) Discharge. As provided in Article 13 (BISCIPLINARY PROCEDURES). 17_1 (3) Failure to Report for Duty. As provided in Article 14 (ABSENCES FROM WORK}. 17.2 Employees having a temporary or provisional emptoyment status may be terminated at the discretion of the Emptoyer before the comptetion of a normal work day. • 181 All employees shall personal}y provide themselves with the tools of the trade as listed in Appendix B. ARTICLE 19 - GRIEVANCE PROCEDi7RE 19.1 The Employer shall recogiize the steward selected in accordance with Union rules and regulations as the grievance representative of the Bargaining Unif. The Union shail notify the Employer in writing of the name of the stewazd and of his/her successor when so named. 19.2 It is recognized and accepted by the EmpIoyer and the Union that the processing of grievances as hereinafter provided is Timited by the job duties and responsibiIities of the employees anc3 shall therefore be accomptished during working hours onty when consistent with such employee de�ties and responsibilities. The steward invotved 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 the Employer. I9.3 The procedure estabiished by this Article shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions ofthis Agreement. � • 68'3Gl ART'ICLE 19 — GRIEVANCE PROCEDURE (Continued) • 19.4 Grievances shatI be resolved in conformance with the fo23owing procedwe: Step I. Upon the occurrence of an aileged violarion of Uus 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 tt is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diIigence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days aRer 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 unresoived, the Employer shall reply in writing to the Union within seven (7) calendar days following this meeting: The Union may refer the grievance in writing to Step 3 within seven ('� calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by • the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer supervisor shali meet with the Union Business Manager or his/her designated representative and attempt to resolve the grievance. Within seven (7) calendar days foilowing this meeting the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result of the written response the gievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days foliowing receipt of the Employer's answer shatl be considered waived. Step 4. If the grievance remains unresolved, within seven (7} calendar days after the response of the Employer in Step 3, the I3nion may, by written notice to the EmpIoyer, request arbitration of the grievance. The azbitration proceedings shalt be conducted by an arbitrator to be selected by mutual ageement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties faii to mutually agee upon an arbitrator within the said seven (7} day period, either party may request the Bureau of Mediation i 0 ARTICLE 19 — GRIEVANC"E PROCEDURE (Continued} Services to submit a paneT of five (S) arbitrators. Both the Employer and the , IInion shaiT have the right to strike two (2) names from the panel. The LTnion shalf stalce the fust name; the Employer shatl then strike one (1) name. The process wiIl be repeated aad the remaining person shall be the arhitrator. 19.5 "Fhe arbitrator 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 shaIl 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, ru3es, or regulations having the force and effect of law_ The azbitrator's decision shall be submitted in writing within thirty (30) days , foIlowing close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension_ The decision shali be based solely on the atfiitrator's interpretation or appIication of the express terms of this Agreement and to esented. The decision of the arbitrator shatl be final and binding on fhe Employer, the Union, and the employees. 19.6 The fees and expenses for the azbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representarive and wimesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the • recor@. I9.7 The time Iimits in each step of this procedwe may be extended by mutual agreement of the Employer and the Union. ARTICLE 20 — RIGHT OF SUBCONTRACT 20.1 The Employer may, aY any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that snch contracting wonld result in a reduction of the work force covered by this Agreement, the Employer shall give the LTnion a ninety (90) calendar day notice of the intention to subcontract_ 20.2 The subcontracting of work done by the employees eovered by this Agreement shalt in all cases be made only to employers who qualify in accordance with Ordinance No_ 140I3. ARTICLE 21 — NONDISCRIMINATION 211 The terms and conditions of this Agreement will be applied to employees equally without regard to, or discrimination for or against, any individual because ofrace, color, creed, sex, age, disability, or because of inembership or non membership in the Union. • � 68-31�1 ARTICLE 21— NONDISCRIMINATION (Continued) • 21.2 EmpIoyees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilifies involve other emp3oyees and the general public. ARTICLE 22 — SEVERABILITY 22.1 In the event that any provision of this Agreement is declared to be contrary to law by proper legislative, administrative, or judiciai authority from whose fmding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shali continue in full force and effect. 22_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 23 — WAIVER 23.1 The Employer and the Union acknowiedge that during the meeting and negotiating which resulted in this Aereement, each had the right and opportunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fuliy and completely set forth in this Agreement. • 23.2 Therefore, the Emp]oyer and the Union, for the duration of this Agreement, agree that the other party shali not be obligated to meet and negotiate over any term or condition of employment whether specifically covered or not specificalIy eovered by this Agteement. The Union and Employer may, however, mutuaily agree to modify any provision of this Agreement. 233 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, aze hereby superseded. ARTICLE 24 — CITY MILEAGE 241 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of tl�e Saint Paul Administrative Code, as amended, per[aining to reimbursement of City officers and employees far the use of their own automobiles in the performance of their duties, the following provisions are adopted. 24.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the department head. If an employee is required to use hisll�er own automobile during employment, the employee shail be • reimbursed at the IIZS mileage rate in effect as of that date. TI ARTICLE 24 - CITY MII.EAGE (Continued) 243 The City will provide parking at a location and manner of the Employer's choice, for City � employees who are required to have their personal car available for City business. Such pazking wiIi be provided ottty for the days fhe employee is required to have his or her own personal car available. 24.4 Rules and Regulations: The Mayor shati adopt rules and regutations goveming the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shalI file daily reports indicating miles driven and shall file monthty �davits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than those requireci by State of Minnesota regulation. These rules and regulations, together with the amendment thereto, shail be maintained on file with the City Clerk. ARTTCLE 25 - DURATION AND PLEDGE ei ecnve as oi me aate oi si ng, except as specihcatly provided otherwise and shall remain in effect through December of 2016, and continue � effect from year-to-year thereafter uniess notice to change or to terminate is given in the manner provided in Article 25.2. 25.2 If either parEy desires to terminate or modify this Agreement, effective as of the date of expirarion, the par[y wishing to modify or terminate the Agreement shalI give written . notice to the other pariy, not more than ninety (90) or less than sixty (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. 25.3 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances concerning its application or interpretation may be peacefetIIy resolved, the parties hereby pledge that during the term of the Agreement: 25.3 (i) 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 themsetves in who}e or part from the fuI1, faithful performance of their duties of emp]oymenY. 253 (2) The Employer wil] not engage in, insrigate, or condone any Iock-out of employees. � I2 08�31�� ARTTCLE 25 — DURATION AND PLEDGE (Confinued) • 25.3 (3) This const3tutes a tentative agreement between the parties which wili be recommended by the Labor Relations Manager, but is subject to the approval of the Administration of the City, the City Council, and is also subject to ratification by the Union. WITNESSES: IN'I'ERNATIONAL UNION OF ELEVATOR CONSTRUCTORS CTTY OF SAINT PAUL LOCAL NO. 9 1� -18 � - •• 3-rg-os� Steven Barre Date es Biagini Date Labor Relations Specialist �� usiness Manager Relations Manager u � 13 b8 � 3f� � . APPENDIX A The ciasses recognized by the Emp]oyer as being exclusrvely represented by the Union are as follows: ElevatorInspector and other cIasses that may be established by the Employer where the duties and responsibilities assigned are determined by the Bureau of Mediation Services to be appropriately represented by this Bazgaining Unit. • I 1 �._J A-1 bd-31�� • APPENDIX B AIl necessary hand tools. � r\ LJ � b8�31�� A. The basic hourly wage for temporary employees (not subject to PERA) appointed to the following class shatl be: APPENDIX C Effective Effective Effective ElevatorInspector I/1/2008 1/1/2009 1/1/2010 (or closest pay period) (or closest pay period) (or closest pay period) Ist Step $41.43* n/a* Sr. Premium $46.61 * n!a* n/a* n/a* * This rate includes an 8% taxable outside Vacation Contribution. • B. The basic hourly wage for temporary employees working in the following class whose length of employment and eamings require that they be subject to Public Employees Retirement Association (PERA) contributions and the basic hourly rate for provisional, regular, and probationary employees appointed to the folSowing class shall be: Effective Effective ElevatorInspector 111l2008 I/U2009 1 st Step Sr. Premium Effective 11112010 (or closest pay period) n/a* n(a* (or ctosesi pay period) (or closesi pay period) $38.90* nfa* $43.77* n(a* * This rate includes an 8% taYable outside Vacation Contribution. \ J The Employer shal] establish Warkers' Compensation and UnempIoyment Compensation programs as required by Minnesota Statutes. The wage rate for the title of Elevator Inspector shall consist of one step. If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the above applicable rates for participating employees in such a way that the total cost of the package (wage rate plus contributions) remains constant. Effective January t, 2008 (or closest pay period), there will be an additional $2.99 per hour increase added to the Mechanic totat package. Effective January I, 2009 (or closest pay period), and January 1, 2010 (or closest pay period), there wi}I be an additional $3.00 per hour increase added to the Mechanic total package. The parties will agree prior to that date regazding the distribution of the $3.00 between wages and fringes. This amount �uilI be decreased by any increase to the Industry Fund. The cunent Public Emptoyees Retirement Association (PERA} contribution rate is 6.50%. This rate is subject to change by the State of Minnesota. C-1 t�,-31� 1 • APPENDIX D Effective January i, 2008 (or cIosest pay period), the Employer sha11: (1) contribute to a Welfare Feuid $8.775 per Hour plus an additional $0.035 per hour for a total of $8.81 for all hours worked by participating employees as defined in this Ageement. (2) contribute to a Pension Fund $4.96 per hour for al] hows worked by participating employees, as defined above. (3) contzibute to the Educational Fund $0.55 per hour for atI hours worked by participating emp]oyees, as defined above. (4) deduct $0.18 per hour for aTl houxs paid to a Union designated Industry Benefit PIan for alI years of the Agreement. (5� contribute to a 401(K} annuity fund $2.00 per hour for all hours worked by participating employees, as defined above. The Employer will not make these contributions in I— 3 above for Holidays. • The above contributions may be increased or decreased as long as the applicable hourly rates in Appendix C for participating employees are decreased or increased by the same total amount. A]1 contributions and deductions made in accordance with this Appendix shall be forwazded to depositories as directed by the Union. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. The Employer's fringe benefit obligation to employees is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the varions funds to which the Employer has forwarded contributions andlor deductions. • D-1