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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 � �'�7 � 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 � 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 � ��� Y 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. • �!��� _ .. 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 • • 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. • ii • ARTICLE 1- PURPOSE �� �� Y 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 • 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. � • • 2 • r 1 L_J . 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 :�I ,� 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. • • • 0 � LJ • • ARTICLE 11— WAGES (Continued) � r �, 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. C� � U 16.2 FaiIure to make such notification may be grounds for discipline as provided in Article 15 • (DISCIPLINARY PROCEDURES). • 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. • • 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. 7 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 • • • • • 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. • 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. • C[i; • 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. 11 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. • 12 • 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. • 13 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 14 . • 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. • • A-1 • APPENDIX B Cig�S� � 6' folding ruler � 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. • • 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. • 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. • • E-1