08-576co��u Fue #�
Green Sheet # 3054291
1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
2 May 1, 2008 through April 30, 201� Maintenance Labor Agreement between the City of Saint Paul and the
3 United Association of Pipefitters L,ocal Union No. 455.
Adopted by Council: Date ��j//���
Adoption Certified by C uncil Secretary
BY �
Appro y o ' D (p
By.
Requested Dep t f. Human Resources
By. Angela alezng D tor
Approved by the Office of Financial Services
By'�, �� —
Approved b i orney
By C
Approv M or f Submissi to uncil
By.
RESOLUTION
� CITY OF SAINT PAUL, MINNESOTA �j
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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HU ����
22-MAY-08
Green Sheet NO: 3054291
Confact Person 8 Phone:
Jason Schmidt
26E6503
Must Be on Council Agen
Doc. Type: RESOIUTiON W/$ TRANSAC
E-DOCUme�rt Required: Y
Doeument Contact: Sue Wegwerth
ConWCt Phone: 266-6513
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Assign
Number
Por
Routing
Order
Total # of Signature Pages _(Ciip All Locations for Signature)
0 umsu Resoprces
1 omao Resourcet De arhnent DireMOr
2 inandalServices ceFSnaucialServices
3 ' Attome
4 or's O�ce Ma odAssis�nt
5 omcil Couocil
6 ' Clerk CS Clerk
Resolution approving the attached May 1, 2008 thruugh Apri130, 2011 Maintenance LaboL Ageemeat hetween the City of Saint
Paui and the United Associarion of Pipefitters Local Union No. 455.
itlations: npprove (n) or tt
Planning Commission
CIB Commitlee
Civil Service Commission
1. Has this persoNfirtn ever worked under a conVact for lhis department?
Yes No
2. Has this person/firtn ever been a city employee?
Yes No
3. Does ihis personlfinn possess a skill not nortnally possessed by any
curcent city employeel
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The Maintenance Labor Agreement with the United Association of Pipefitters Local Union 455 has expired. The City of Saint Paul is
requued to negotiate with the bazgaining unit.
Advanqges If Approved:
An agreement reached through good faith bazgaining will be in place through Apri130, 2011.
DisadvanWges if Approved:
None.
DisadvanWges R NotApproved:
The City would be required to re-open negotiations with the bazgaining unit. Tlils would strain relarions with the bargaining unit and
could lead to possible strike.
Transaction:
Funding Source:
Financial Information:
(Explain)
Adivity Number:
CosURevenue BudgMed:
May 28, 2008 8:18 AM Page 1
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ATTACHMENT TO THE GREEN SHEET
COLLECTIVE BARGAIIVING AGREEMENT WITH
ITNITED ASSOCIATION PIPEFITTERS LOCAL NO. 455
Below is a suiruuary of the changes in the Collective Bargaining Agreement between the City of
Saint Paul and United Association Pipefitters I,ocal No. 455.
Duration•
May 1, 2008 through Apri130, 2011.
WaEes:
The City agreed to the outside prevailing wage rate for each of the next three years. All
compensation retroacrive to May 1, 2008, except those who have been terminated for cause.
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 condirions of employment will be covered by the collective
bazgaining agreement between the parties. Removed references to CSR in the contract.
Selection of Foreman and General Foreman:
Agreed to add Senior Mechanical Inspector — Pipefitter to Article 13 Selection of Foreman and
General Foreman.
Other Lan�uase Chanaes:
Other language changes are of a housekeeping nature for clarification and clean up.
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1VIay 1, 2008 -.Apri130, 2011
l�AINTENANCE LABQR AGR�EMENT : _
_ � � � � BETWEEN : ; � �
�- ��� � � �
� �� �HE CITY AF SAIl�TT.PAI3� . � �
� �� _ � � AND: � � _ .
� _ _ � . � . . � � � � :UNITED-ASSO�IA��ON ` � �
_ , , �, . -- _ . .
� � � � � ; ����ET'iTT�RS'�O�AL�UNIfl� �O. 455 -., _��; �� � �
,. _
�.�� � � � � �. � ,_. � �_
• INDEX ��'�� �
ARTICLE TTTLE
PAGE
Preamble .............................................................................................................. ii
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1 Pucpose ..........................................................................:.....................................
..
2 Recognrtion .........................................................................................................
3 Employer Rights .................................................................................................. l
4 Union Rights .......................................................................................................
5 Scope ofthe Agreement ....................................................................................... 2
6 Pmbationary Periods ............................................................................................ 2
7 Philosophy of Employment & Compensation ....................................................... 3
8 Hours of Work ..................................................................................................... 3
9 Overtime ..............................................................................................................
10 CallIn/CailBack .................................................................................................
11 Wages ..................................................................................................................
12 Fringe Benefits ..............................................................:..................................... 5
13 Selection of Foreman and General Forexnan ......................................................... 5
14 Holidays .............................................................................................................. 5
15 Disciplinary Procedure ......................................................................................... 6
16 Absences From Work .......................................................................................... 6
17 Seniority ..............................................................................................................
18 Jurisdiction .......................................................................................................... 7
19 Sepazation ............................................................................................................
20 Tools ................................................................................................................... 8
21 Grievance Procedure ............................................................................................ 8
22 Right of Subcontract ..........................................................................................
23 Non-Discrimination .......................................................:...................................
24 Severability .......................................................................................................
25 Waiver ...............................................................................................................
26 City Mileage ...................................................................................................... l l
27 Legai Services ...................................................................................................
28 Uniform Allowance ...........................................................................................
29 Vacation ............................................................................................................
30 Duration and Pledge ..........................................................................................
APPENDIX ................................................................................................. A-1
APPENDIX .................................................................................................. B-1
APPENDIX .................................................................................................. C-1
APPENDIX ...............................................................:................................. D-1
APPENDIX .................................................................................................. E-1
• PREAMBLE ������
This Agreement is entered into between the City of Saint Paul, hereinafter referred to as
the Employer and the United Association Pipefitters Locat Union No. 455, hereinafter referred to
as the Union.
The Employer and the Union concur that this Agreement has as its objective the
promotion of the responsbilities of the City of Saint Paul for the benefit of the general public
through effective labor-management cooperation.
The Employer and the Union both realize that this goal depends not only on the words in
• the Agreement but rather primazily on attitudes between people at all levels of responsibility.
Constructive attitudes of the Employer, the Union, and the individual employees will best serve
the needs of the general public.
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• ARTICLE 1- PURPOSE
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1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to:
1.1 (1) Achieve orderly and peacefui relations, thereby establishing a system of
uniuterrupted operations and the highest level of employee performance that is
consistent with the safety and well-being of all concerned;
l.i (2)
1.1 (3)
Set forthrates ofpay, hours ofwork, and other conditions ofexnployment as
have been agreed upon by the Employer and the Union;
Establish procedures to orderly and peacefully resolve disputes as to the
application or interpretation of this Agreement without loss of productivity.
1.2 The Employer and the Union agree that this Agreement serves as a supplement to
legislation that creates and directs the Employer. If any part of this Agreement is in
conflict with such legislation, the latter shall prevail. The parties, on written notice, agree
to negotiate that part in conflict so that it conforms to the statute as provided by Article 24
(SEVERABILITY).
ARTICLE 2 - RECOGNITION
• 2.1 The Employer recognizes the Union as the exclusive representative for collective
bargaining purposes for all personnel in the classes defined in Appendix A as certified by
the Bureau of Mediation Services in accordance with Case No. 73-PR-480-A dated
Apri116, 1973, if those personnel meet the statutory test for inciusion found in
M.S.179A.
ARTICLE 3 - EMPLOYER RIGHTS
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3.1 The Employer retains the right to operate and manage all personnel, facilities, and
equipment; to establish functions and programs; to set and amend budgets; to determine
the utilization oftechnology; to establish and modify the organizational structure; to
select, direct, and detercniue the number of personnel; and to perform any inherent
managerial function not specifically lunited by this Agreement.
3.2 Any "term or condition of employmenY' not established by this Agreement shall remain
with the Employer to eliminate, modify, or establish following written notification to the
Union.
ARTICLE 4 - UNION RIGHTS
4.1 The Employer shall deduct an amount necessary to cover monthly Union dues from the
wages of employees who provide written authorization for such a deduction. These
deductions shall be remitted as directed by the Union.
ARTICLE 4 — iTNION RIGHTS (Confinued)
4.1 (1) The Employer shall not deduct dues for any other labor organization from the
wages of employees covered by this Agreement.
4.1 (2) The Union shall indemnify and save harn�less the Employer from any and all
claims or charges made against the Employer as a result of the implementation
ofthis Article.
4.2 The Union may designate one (1) employee from the bazgaining unit to act as a Stewazd
and shall inform the Empioyer in writing of such designation Such employee shall have
the rights and responsbilities as designated in Article 21 (GRIEVANCE PROCEDURE).
43 Upon notification to a designated Employer supervisor, the Business Manager of the
Union, or his/her designated representative, shall be permitted to enter the facilities of the
Employer where employees covered by this Agreement are working.
ARTICLE 5— SCOPE OF THE AGREEMENT
5.1 This Agreement establishes the "terms and conditions of employmenY' defined by M.S.
179.63, Subd. 18 for all employees exclusively represented by the Union. This
Agreement shall supersede such "terms and conditions of employmenY' established by
Civil Service Rule, Council Ordinance, and Council Resolution.
5.2 Effective May 1, 2008, employees represented by this agreement aze not subject to nor do
they have any rights under the Saint Paul Civil Service Rules.
ARITCLE 6 — PROBATIONARY PERIODS
6.1 All personnel, originally hired or rehired following separation, in a regulaz employment
status shall serve a six (6) months probationary period during which time the employee's
fitness and ability to perform the duties and responsibilities of the position shall be
evaluated.
6.1 (1) At any time during the probationary period an employee may be terminated at
the discretion of the Employer without appeal to the provisions of Article 21
(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 ofwhich shall be sent to
the Union.
6.2 All personnel promoted to a higher class shall serve a six (6) month promotional
probationary period during which time the employee's frtness and ability to perform the
duties and responsibilities of the position shall be evaluatefl.
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ARTICLE 6—PROBATIONARY PERIODS (Continued) ���
6.2 (1) At any time during the promorional probationary period an employee may be
demoted, at the discretion ofthe Employer, to the employee's previously held
class without appeal to the provisions of Article 21 (GRIEVANCE
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 reason(s} for demotion, a copy of which shall be sent to the
Union
ARTICLE 7— PHII,OSOPHY OF EMPLOYMENT & COMPENSATION
7.1 The Employer and the Union aze in full agreement that the philosophy of employment
and compensation shall be a"cash" hourly wage and "industr}�' fringe benefit system
7.2 The Employer shall compensate employees for all hours worked at the basic hourly wage
rate and hourly fringe benefit rate as found in Articies 11 (WAGES) and 12 (FRINGE
BENEFITS).
73 No other compensation or fringe benefit shall be accumulated or eamed by an employee
except as specifically provided for in this Agreement.
ARTICLE 8— HOURS OF WORK
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The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30)
minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m
The normal work week shall be five (5) consecutive normal work days Monday through
Friday.
8.3 I� during the term of this Agreement, it is necessary in the Employer's judgment to
establish second and third shifts or a normal work day or work week other than that
provided in Article 8.1 or 8.2, the Union agrees to immediately enter into negotiations to
establish such conditions.
8.4 This section shall not be construed as, and is not a guarantee o� any hours ofwork per
normal work day or per nom�al work week.
8.5 All employees shall be at the location designated by their supervisor, ready for wark, at
the established starting tnne and shall remain at an assigned work location until the end
of the established work day unless otherwise directed by their supervisor.
8.6 All employees are subject to call-back by the Employer as provided by Article 10 (CALL
1N/CALL BACK).
ARTICLE 8- HOURS OF WORI� (Continued)
8.7 Employees reporting for work at the established starting time and for whom no work is
available shall receive pay for two (2) hours, at the basic ho�ly rate, unless notification
has been given not to report for work prior to leaving home, or during the previous
work day.
ARTICLE 9 - OVERTIME
9.1 All overtime compensated for by the Employer must receive prior authorization from a
designated Employer supervisor. No overtime work claim will be honored for payment
or credit unless approved in advance. An overtime claim will not be honored, even
though shown on the time cazd, unless the required advance appmval has been obtained.
9.2 The overtime rate of one and on�half (1.5) the basic hourly rate shall be paid for work
performed under the following circumstances:
9.2 (1)
9.2 (2)
Time worked in excess of eight (8) hours in any one normal work day and,
Time worked in excess of forty (40) hours in a seven (7) day period.
93 For the purposes of calculating overtime compensation, overtime hours worked shall not
be "pyramided," or compounded. No employee shall be paid twice for the same
hours worked.
9.4 Overtime hours worked as provided by this Article st�all be paid in cash or compensatory
time as determined by the Employer.
ARTICLE 10 — CALL IN/CALL BACK
10.1 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.
10.2 Employees called in or called back shall receive a minimum of four (4) hours straight
time pay at the basic houtly rate, or shall be compensated in accordance with Article 9
(OVERTIME), when applicable, whichever is greater.
10.2 (1) Notwithstanding Article 10.2, employees called in four (4) hours or less prior
to their normal work day shall complete the normal work day and be
compensated only for the overtime hours worked in accordance with Article 9
(OVERTIME).
ARTICLE 11— WAGES
11.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours
worked by an employee.
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ARTICLE 11— WAGES (Continued)
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11.2 The parties agree to calculate the hourly wages for provisional, probationary, and regular
employees, for the classes listed in Appendix A, by dividing Yhe temporary rate by 1.065.
This rate is set by the State of Minnesota and is subject to change.
11.3 Provisional, temporary, and regulaz employees shall be considered, for the purposes of
this Agreement, participating employees and shall be compensated in accordance with
Article 1 l.l (WAGES) and have fringe benefit contnbutions and/or deductions made in
their behalf as provided for by Article 12 (FRINGE BENEFITS).
ARTICLE 12 — FRINGE BENEFITS
12.1 The Employer shall make contnbutions on behalf of and/or make deductions from the
wages of employees covered by this Agreement in acwrdance with Appendix D for all
hours worked.
ARTICLE 13 — SELECTION OF FOREMAN AND GENERAL FOREMAN
13.1 The selection of personnel for positions in the class of Lead Pipefitter and Senior
Mechanical Inspector - Pipefitter shall remain solely with the Employer.
13.2 Positions in the class of Lead Pipefitter and Senior Mechanical Tnspector - Pipefitter shall
be filled by employees of the bargaining unit on a"temporary assignmenY'.
133 All "temporary assignments" shall be made only at the direction of a designated
Employer supervisor.
13.4 Such "temporary assignments" sYiall be made only in cases where the position is vacant
for more than one (i) normal work day.
ARTICLE 14 — HOLIDAYS
14.1 The following ten (10) days shall be designated as unpaid holidays:
New Yeaz's Day, January 1
Martin Luther King Day, Third Monday in January
Presidents' Day, Third Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, first Monday in September
Veterans' Day, November 11
Tl�anksgiving Day, fourth Thursday in November
Day after Thanksgiving, fourth Friday in November
Christmas Day, December 25
ARTICLE 14 — HOLIDAYS (Continued)
14.2 When New Year's Day, Independence Day or Chri�+ac Day falls 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 cansidered the
designated holiday.
143 The ten (10) holidays shall be considered non-work days.
14.4 I� in the judgment of the Employer, personnel are necessary for operating or emergency
reasons, employees may be scheduled or "called in/called back" in accordance with
Article 10 (CALL IN/CALL BACK). "
14.5 If an employee is requQed or requests to work on Martin Luther King Day, President's
Day, Veteran's Day, or the Day after Thanksgiving, he/she shall be granted another day
off in lieu thereof as soon thereafter as the convenience ofthe department permits, or the
employee shalt be paid on a straight time basis for such hours worked. All holiday
requests must receive prior authorization from a designated Employer supervisor prior to
worldng.
Tf an employee is required to work on New Year's Day, Memorial Day, Independence
Day, Thanksgiving Day or Christmas Day, he/she sha11 be recompensed for work done on
this day by being granted compensatory time on a rime and one-half (1.5) basis, or by
being paid on a time and one-half (1.5) basis for such hours worked.
ARTICLE 15 — DISCIPLINARY PROCEDURE
15.1
15.2
The Employer shall have the right to impose disciplinary actions on employees for just
cause.
Disciplinary actions by the Employer shall include only the following actions:
15.2 (1) Oral reprimand;
15.2 (2) Written reprimand;
15.2 (3) Suspension;
15.2 (4) Demorion;
15.2 (5) Discharge.
ARTICLE 16 — ABSENCES FROM WORK
16.1 Employees who aze unable to report for their normal work day have the responsibility to
notify their supervisor of such absence as soon as possble, but in no event later than the
be nn ing of such work day.
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16.2 FaiIure to make such notification may be grounds for discipline as provided in Article 15 •
(DISCIPLINARY PROCEDURES).
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ARTICLE 16 — ABSENCES FROM WORK (Continued) �. !�"l (�
16.3 Failure to report for work without notification for three (3) consecutive normal work days
may be considered by the Employer to be a"quit" on the part of the employee.
ARTICLE 17 — SErTIORITY
17.1 Seniority, for the putposes of this Agreement, shall be defined as follows:
17.1 (1) Master Seniority: 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.
17.1 (2) Class Seniority: The length of continuous regular and probationary service
with the Employer from the date an employee was first appointed to a class
title covered by this Agreement.
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17.2 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 day.s; is granted because of
illness or injury; is granted to allow an employee to accept an appointment to the
unclassified service of the Employer or to an elected or appointed full-tune position with
the Union.
173 Seniority shall terminate when an empioyee retires, resigns, or is discharged.
17.4 In the event it is detennnied by the Employer that it is necessary to reduce the work force
all temporary employees shall be released prior to the layoffofpermanent employees.
Further, it is management's intent that pernianent employees will be laid offby class title
within each department based on inverse length of "Class Seniority". However,
management reserves the right to institute layoffs out of seniority order for legitimate
business reasons. ManagemenYs exercise of this right shall not be arbitrary or
capricious. Ifthe Union believes that an out-of-order layoffhas-occuned for an azbitrary
or capricious reason, such decision may be grieved under Articie 21.
17.5 The selection of vacation periods shall be made by class title based on length of "Class
Seniority," subject to the approval ofthe Employer.
ARTICLE 18 — NRISDICTION
18.1 Disputes concerning work jurisdiction between and among unions is recognized as an
appropriate subject to detennination by the various unions representing employees of the
Employer.
18.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual
agreements between the unions involved.
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ARTICLE 18 — JURISDICTION (Continued)
183 In the event of a dispute concerning the perfonnance or assignment of work, the unions
involved and the Employer shall meet as soon as mutually possble to resolve the dispute.
Nothing in the foregoing shall restrict the right of the Employer to accomplish the work
as originally assigned pending resolution ofthe dispute or to restrict the Employer's basic
right to assign work.
I8.4 Any employee refusing to perform work assigned by the Employer and as clarified by
Sections 18.2 and 183 above shall be subject to disciplinary action as provided in Article 15
(DISCIPLINARY PROCEDURES).
18.5 There shall be no work stoppage, slow down, or any disruption of work resuiting from a
work assignment.
ARTICLE 19 — SEPARATION
19.1 Employees having a probationary or regular employment staYus shall be considered
sepazated from employment based on the following actions:
19.1(1) Resignation: Employees resigning from employment shall give written norice
fourteen (14) calendar days prior to the effective date ofthe resignation.
191(2) Discharge: As provided in Article 15 (DISCIPLINARY PROCEDURES)
19.1(3) Failnre to Report for Duty: As provided in Article 16 (ABSENCES
FROM WORK). .
19.2 Employees other than regular employees who have successfully completed their
probationary period may be terminated at the discretion of the Employer before the
completion of a normal work day.
ARTICLE 20 - TOOLS
20.1 All employees shall personally provide themselves with the tools ofthe trade as listed in
Appendix B.
ARTICLE 21 GRIEVANCE PROCEDURE
21.1 The Employer shall recognize the Stewazd selected in accordance with Union rules and
regulations as the grievance representative of the bargaining unit. The Union shall notify the
Employer in writing of the name of the Steward and ofhis/her successor when so named.
21.2 It is recognized and accepted by the Employer and the Union that the processing of
grievances as hereinafter provided is limited by the job duties and responsibilities of the
employees and shall therefore be accomplished during worldng �ours only when
consistent with such employee duties and responsibilities. The Stewazd involved and a
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ARTICLE 21— GRIEVANCE PROCEDURE (Continued) ��'�� �
grieving employee shall suffer no loss in pay when a grievance is processed during
working hours, provided the Steward 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.
213 The procedure established 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 of this Agreement.
21.4 Grievances shali be resolved in conformance with the following procedure:
Step 1 Upon the occurrence of an alleged violation of this Agreement, the employee
involved shall attempt to resolve the matter on an informal basis with the
employee's supervisor. If the matter is not resolved to the employee's
satisfaction by the informal discussion it may be redueed to writing and
referred to Step 2 by the Union The written grievance shall set forth the
nature of the grievance, the facts on which it is based, the alleged section(s) of
the Agreement violated, and the relief requested. Any alleged violation 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
ofreasonable diligence should have had knowledge ofthe first occurrence of
the event giving rise to the grievance, shall be considered waived.
Step 2 Within seven (7) calendar days after receiving the written grievance a
designated Employer supervisor shall meet with the Union Stewazd and
attempt to resolve the grievance. I� as a result of this meeting, the grievance
remains unresolved, the Employer shall reply in writing to the Union within
three (3) calendar days following this meeting. The LJnion 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
Unionwithin seven (7) calendaz days following receipt ofthe Employer's
answer shall be considered waived.
Step 3 Within seven (7) calendaz days following receipt of a.grievance referred from
Step 2 a designated Employer supervisor shall meet with the Union Business
Manager or hislher designated representative and attempt to resolve the
grievance. Within seven (7) calendar days following tlus meeting the
Employer shall repiy in writing to the Union stating the Employer's answer
concernuig the grievance. I� as a result of the written response the grievance
remains unresolved, the Union xnay refer the grievance to Step 4. Any
grievance not referred in writing by the Union to Step 4 within seven (7)
calendar days following receipt of the Employer's answer shall be considered
waived.
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ARTICLE 21— GRIEVANCE PROCEDURE (Continued)
Step 4 If the grievance remains unresolved, the Union may within seven (7) calendar �
days after the response of the Employer in Step 3, by written notice to the
Employer, request arbitration of the grievance. The aibitration 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 arbitrator within the said
seven (7) day period, either pazty 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 str�lce two (2) names from the paneL The Union
shall stnke the first (1 st) name; the Employer shall then smke one (i) name.
The process will be repeated and the remlining p�son shall be the arbitrator.
21.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtrad
from the provisions of this Agreement. The arbitrator shall consider and decide only the
specific issue submitted in writing by the Employer and the Union and shall have no
authority to make a decision on any other issue not so submitted. The azbitrator shall be
without power to make decisions contrary to or inconsistent with or modifying or varying
in any way the application of Iaws, rules or regulations having the force and effect of law.
The arbitrator's decision shall be submitted in writing within thirty (30) days following
close of the heazing or the submission of briefs by the parties, whichever be later, unless
the parties agree to an ea�tension. The decision shall be based solely on the arbitrator's •
interpretation or application ofthe express terms of tIus Agree�ent 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.
21.6 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 representative and witnesses. If either patty desires a verbatun
record ofthe proceedings, it may cause such a record to be made providing it pays for the
record
21.7 The time limits in each step of this procedure may be eictended by mutual agreement of
the Employer and the Union.
ARTICLE 22 — RIGHT OF SUBCONTRACT
22.1 The Employer may, at any tune 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 ofthe work force covered by this Agreement, the Empioyer
shall give the Union a ninety (90} catendaz day notice of tfie intention to sub-coutract.
22.2 The sub-contracring of work done by the employees covered by this Agreement shali in all
cases be made oniy to employers who qualify in accordance with Ordinance No. 14013.
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• ARTICLE 23 - NON-DISCRIMINATION �� �� �
23.1 The terms and conditions of this Agreement will be applied to employees equally without
regazd to, or discrimination for or against any individual because of race, color, creed,
se� age, or because of inembership or non-membership in the Union.
23.2 Employees will perform their duties and responsbilities in a non-discrim;natory manner
as such duties and responsibilities involve other employees and the general public.
ARTICLE 24 - SEVERABILITY
24.1 In the event that any provision(s) of this Agreement is declazed to be contrary to law by
proper legislative, administrative, or judicial authority from whose finding,
deternvnation, or decree no appeal is taken, such provision(s) shall be voided. All other
provisions shall continue in full force and effect.
24.2 The parties agree, upon written notice, to enter into negotiations to place the voided
provisions of the Agreement in compliance with the legislative, �administrative, or judicial
detennination.
ARTICLE 25 - WAIVER
� 25.1 The Employer and the Union acimowledge that during the meeting and negotiating which
resulted in this Agreement each had the right and oppomuuty to make proposals with
respect to any subject conceming the tern�s and conditions of employment. The
agreements and understandings reached by the parties after the exercise of this right are
fully and completely set forth in this Agreement.
25.2 Therefore, the Employer and the Union agree for the duration of this Agreement that the
other party shall not be obligated to meet and negotiate over any term or conditions of
employment, whether specifically covered or not specificaliy covered by this Agreement.
The Union and Employer may, however, mutually agree to modify any provision of this
Agreement.
25.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or
regulations regarding the terms and conditions of employment, to the e�ctent they are
inconsistent with this Agreement, are hereby superseded.
ARTICLE 26 - CITY MILEAGE
26.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul
Administrative Code, as amended, pertaining 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.
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ARTICLE 26 — CITY MILEAGE (Continued) �
26.2 Method of Computation To be eligible for such reimbursement, all officers and
employees must receive written authorization from the Department Head.
Effective January 1, 2006, employees of this bargaining unit shall receive the current IRS
mileage reimbursement rate.
263 The City will provide pazking at a location and manner of the employer's choice within a
reasonable distance of the work site for City employees on either of the above mentioned
types of reimbursement pians who are required to have their personal car available for
City business. Such parking will be provided oniy for the days the employee is required
to have fiislfier own personal car available.
ARTICLE 27 — LEGAL SERVICES
27.1 Except in the case of malfeasance in office or willful or wanton neglect of duty, the
Employer shall defend, save harmless and indemnify an employee and/or his/her estate
against any claim or demand, whether gcoundless or otherwise, arising out of an alleged
act or omission occurring in the perFormance and scope ofthe employee's duries.
27.2 Notwithstanding the provisions ofArticle 27.1, the Employer shall not be required to
defend or indemnify any employee against personai liability, or damages, costs or •
e�ense (a) resulting from a claim, suit, verdict, finding, determination 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 separate actions brotiglrt against such
employee in response fo or resulting from claims, altegations, demands or actions
(whether or not litigation was actually commenced) brought, made or instituted by such
employee.
273 Notwithstanding the provisions ofArticle 27.1 and 27.2, the employer may at its sole
discretion defend an employee allegations, claims, demands or acrions wholly or in part
based on or azising out of claimed intentional torts, and in such cases, the employee may
consent to the eartent lawfully permitted to such representation without regazd to actual or
potential conflicts of interest.
27.4 Each employee, within 20 days after receiving notice of (1) a tort claim or demand,
action, suit or proceeding against him/her, or (2) a jud�ent, verdict, finding or
determination, either ofwhich arises out of alleged or found acts or omissions occurring
in the performance or scope of the employee's duties, shall notify the City by giving
written notice thereofto the Office ofthe City Clerk.
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• ARTICLE 28 — UNII'ORM ALLOWANCE �� /���
•
28.1 Mechanical Inspectors in the Fire Department who aze required to weaz a specified
unifozm shall receive an allowance of $425.25 per calendar year from the Fire
Department.
ARTICLE 29 - VACATION
29.1 Employees aze required to take ten (10) days of unpaid vacation per yeaz.
ARTICLE 30 - DURATION AND PLEDGE
30.1 This agreement is effective the date of sigring by the Employer and the Union and shall
remain in effect through the 30th day of April, 201 l, and shall conrinue in effect from
yeaz to yeaz thereafter unless notice to change or to ternunate is given in the manner
provided in Article 30.
30.2 If either party desires to ternunate or modify this Agreement, effective as of the date of
expiration, the party wishing to modify or tezminate the Agreement shall give written
notice to the other party, not more than ninety (90) or less than sixty (60) calendar days
prior to the expiration date, provided that the Agreement may only be so terniinated or
modified effecrive as of the expiration date.
30.3 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 peacefully
resolved, the parties hereby pledge that during the term of the Agreement:
30.3(1) The Union and the employees will not engage in, instigate, or condone any
ca:�certed acfion in w:uch eruYloyees 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 fixll, faithful performance of their duties of
employment.
303(2) The Employer will not engage in, instigate, or condone any lock-out of
employees.
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ARTICLE 30 — DURATION AND PLEDGE (Continued)
30.3(3) Tlus constitutes a tentative agreement between the parties which will be
recommended by the City Negotiator, but is subject to the approval of the
Administration of the City and the City Council and is also subject to
ratification by the Union.
AGREED to this 27�' day of May 2008, and attested to as the full and complete understanding of
the parkies for the period of tnne herein specified by the signahue of the following representative
for the Employer and the Union.
WTTNESSES:
CITY OF SAINT PAUL
c.n
Tracey Blee Dat
Labor Relations Specialist
�
son Schmi D te
Labor Relations Manager
TJNITED ASSOCIATION PIPEFITTERS
LOCAL UrTION NO. 455
�� /�vl� S
G rlander Date
Business Manager
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•
C�
• APPENDTX A �'�� �
The ciasses recognized by the Employer as being exclusively represented by the Union are
as follows:
Lead Pipefitter
Pipefitter
Apprentice - Pipefitter
Refrigeration, Gas and Oil Serviceperson
Mechanical Inspector - Pipefitter
Senior Mechanical Inspector - Pipefitter
and other classes that may be established by the Empioyer where the duties and responsibilities
assigned are deternrined by the Bureau of Mediation Services to be appropriately represented by
this bargaining unit.
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•
A-1
• APPENDIX B Cig�S� �
6' folding ruler
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LJ
� J
e�il
• APPENDIX C O�'�J� �`
1. The basic hourly wage rates for temporary employees appointed to the following classes
shall be:
Effective
511/08 tor closest pav periodl
Pipefitter $36.41
Lead Pipefitter $39.01
MechanicalInspector $39.01
Senior Mechanical Insp.-Pipefitter $40.06
The basic houriy rate for temporary employees whose length of employment and earnings
require that they be subject to Public Empioyees Retirement Association (PBRA)
contributions shall be the above temporary rate divided by 1.065. This rate is set by the
State of Minnesota and is subject to change.
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•
2. The basic hourly wage rate for provisional, probationary and regular employees
appointed to the foilowing classes shall be as follows:
Effective
5/1/08 (or closest pay periodl
Pipefitter $34.19
Lead Pipefitter $36.63
MechanicalInspector $36.63
Senior Mechanical Insp.-Pipefitter $37.62
Effective May 1, 2009 (or closest payroA period), there will be an additional $2.75 per hour
added to the total package. The parties will agree prior to that date as to the distribution of the
increase between the wages and fringes. This amount will be decreased by any increase in the
Industry Fund.
Effecrive May 1, 2010 (or closest payroll period), there will be an additional $2.85 per hour
added to the totai package. The parties will agree prior to that date as to the distribution of the
increase between the wages and fringes. This amount will be decreased by any increase in the
Industry Fund.
In the event that the Union elects to have the fringe benefit contnbutions made by the Employer
for such employees that aze listed in Appendix D increased or decreased during the contract
period, the basic hourly wage rate sha11 be reduced or increased by the same asnount so that the
total cost to the Employer remains unchanged.
C-1
• APPENDIX D ��'�� L �
Effective May 1, 2008 (or closest pay period) the Employer shall:
(1) Deduct $4.25 per hour to a Union designated Credit Union, for all hours paid to
employees. A payroIl deduction in this aznount shall be made from the hourly
rates listed in Appendix C.
(2) Deduct $.75 per hour to a Union designated Working Fee Fund, for alI hours
paid to exnployees. A payroll deduction in tlus amount shall be made from the
hourly rates listed in Appendix C.
(3) Contribute $7.09 per hour to a Union designated Health and Welfare Fund for
all hours paid to employees.
(4) Contribute $2.15 per hour to a Retiree Pre-Funding for Health and Welfare
Fund for all hours paid to employees.
(5) Contribute $9.67 per hour to a Union designated Pension Fund for all hours paid
to employees.
(6) Contribute $.56 per hour to a Journeyman and Apprenticeship Training F'und
• for all hours paid to employees.
(7) Contribute $.10 per hour to an International Training Fund for all hours paid to
employees.
All contributions made in accordance with this Appendix D shall be forwarded to the Twin City
Pipe Trades Service Association.
The Employer shall establish Worker's Compensation and Unempioyment Compensation
programs as required by Minnesota Statutes.
The Empioyer's fringe benefit obligation to employees is limited to the coniributions and/or
deductions established by this Agreement. The actual level of benefits provided to employees
shall be the responsibility of the Trustees of the various funds to which the Employer has
forwarded contributions and/ar deducrions.
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D-1
• APPENDIX E �/�'� �
WORKING CONDITIONS FOR SEIVIOR MECHANICAL INSPECTORS, MECHANICAL
INSPECTORS, REFRIGERATION INSPECTORS AND GAS BURN�R INSPECTORS
As aresult ofthe 1974 settlement, the Parties have established craft deternuned rates for Senior
Mechanical Inspectors, Mechanical Inspectors, Refrigeration Inspectors and Gas Burner
Inspectors, with specific understanding that such agreement is restricted to establishing rates of
pay for such classifications.
It is, consequently, agreed that the Employer in applying Article 3(EMPLOYER RIGHTS) of
the Maintenance Labor Agreement, shall have the right to operate the Deparhnent in the same
manner as heretofore, with management rights unaffected, and that the establishment of separate
rates for these classifications as well as for Inspector classifications in other Bazgaining Units,
may not result in disputes over assignments or over rates of pay for work performed, nor will any
jurisdictional claims or restrictions be asserted by the Union because members of various
Inspector classifications are assigned to work which is also performed liy other Inspector
classifications.
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E-1