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08-720Council File # 6g - 7 �'� Green Sheet # 3056070 RESOLUTlON CITY OF S�AINT,pAUL, MINNESOTA $ Presented by ,� i� �� ( ��, f�. 1 RESOLVED, that the Council ofthe City of Saint Paul hereby approves and ratifies the attached 2 May 1, 2008 through Apri130, 2011 Maintenance Labor Agreement between the City of Saint Paul and the 3 Sheet Metal Workers International Association, L,oca110. Resources L.•.�S'�.� Adopted by Council: Date Adoption Certified by BY• 1 / 1/s ✓ By. Ang�1a Nalezng tor `� , Approved by the O ce o inancial Services i �� Approved � By. �f� Approv by By. e }f l:�� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �'� � HU —�t„m�nR�so� 24.1UN-08 -Green Sheet NO: 3056070 CoMact Person & Phone: Jason Schmidt 266-6503 Must Be on Council Agen Doe. Type: RESOLUTION W/$ TRANSAC E-Document Required: Y DocumentContact: SueWegwerth CoMact Pho�e: 26E65� 3 � A.s` �9� Number Foc Routing Ordx TWaI # of Signature Pages _(Ciip All Locations for Signature) 0 uman Reso¢rces 1 umenResources D artmentDireGor 2 inantia7Services fficeESnandalServices 3 ' Attome 4 a or's O�ce Ma or/Assistsnt 5 ooncil Ci Co¢na'! 6 ' Clerk Ci C1erk Resolution approving the attached May 1, 2008 tlnorugh April 30, 2011 Maintenance Labor Agceement between tt�e Ciry of Saint Paul and the Sheet Metal Workers Intemational Association, L,ocal 10. iaattons: Approve (A) or rt Planning Commission CIB Cammittee Givil Service Cocnmission 1. Has this personffrtn ever worked under a conlract forthis department? Yes No 2. Has this personffirm ever been a city empioyee? Yes No 3. Dces this person�rm possess a skill not nortnaly possessed by any current city employee? Yes No Explain atl yes a�swers on separaie sheet a�d atWCh W green sheet Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): The Maintenance Labor Agreement with the Sheet Metal Workers Intemational Association, Local 10 has eacpired. The City of Saint Paul is required to negotiate with the bazgaining unit. Advantages If Approved: An agreement reached through good faith bargaining will be in place through Aprii 30, 201 l. DisadvaMages If Approved: None. Disadvantages If Not Approved: The City would be iequiced to re-open negotiarions with the bazgaining unit. Ttiis would sMein relations with the bazgaining unit and could lead to possible shike.f Trartsactinn: Funding Source: Financial I�rfortnation: �Explain) Activity Number. CosURevenue Budgeted: June 24, 2008 7:50 PM Page 1 o�-�ao ATTACHMENT TO THE GREEN SHEET COLLECTIVE BARGAINING AGREEMENT WITH SHEET METAL WORKERS INTERNATIONAL ASSOCIATION LOCAL 10 Below is a summary of the changes in the Collective Bargainuig Agreement between the City of Saint Paul and Sheet Metal Workers Intemational Association L,ocal No. 10. Duration: May l, 2008 through April 30, 2011. Wa es: The City agreed to the outside prevailing wage rate for each of the next three years. All compensation retroactive to May 1, 2008, except those who have been tennniated for cause. Civil Service Rules: Members of the bargauring unit will no longer be covered by the City of Saint Paui Civil Service Rules (CSR). All terms and conditions of employment will be covered by the collective bazgainnig agreement between the parties. Removed references to CSR in the contract. Selection of Lead Sheet Metal Worker: Agreed to add Senior Mechanicat Inspector to Article 14 $eleCUon of Lead $heet Metal Worker. Other Laneuaee Chan2es: Other language changes are of a housekeeping nature for clarification and clean up. G:�SharedU,RCOMMOMCON'I"RACf�SHTMEI'U2002\geensheetattchwpd � 6� -��v , . MA.Y 1, 2008 - APRIL 30, 20i1 � � MAINTENANCE LABOR AGREEMENT " � • betrveen - �� TSE CI1'Y �OF SAIATT�PAUL � � � � � � � � -and-._ ° - _. � � ; _ _ � SHEE'�' 1META�L WO.I�KERS _ � _ � . _ _ , __ � _ �- � � � _ INTE�TAT�ONAL ASSOCI�ATION � � , � . � , _ � � - - - - � - �. I,OEA� �10 � . � � � � � � _ _ � � �� ° �, � � : � _ _ - � n�m�x b8 -� �D ARTICLE TTTLE Work Location, Residency ...................................................................................................5 Wages...................................................................................................................................5 FringeBenefits .....................................................................................................................5 Selection of Lead Sheet Metal Worker .................................................................................5 Holidays................................................................................................................................6 Preamble .............................................................................................................................. ii Purpose .................................................................................................................................1 Recognition........................................................................................................................... l EmployerRights ...................................................................................................................1 Union Rights .........................................................................................................................1 Scopeof the Agreeuient .......................................................................................................2 • 6 Probarionary Periods ............................................................................................................2 7 Philosophy of Employment and Compensation ..................................................................3 8 Hours of Work ......................................................................................................................3 9 Overtime ...............................................................................................................................4 10 Call In/Call Back ..................................................................................................................4 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 27 28 Disciplindary Procedises........... Absences from Work ................. S eniority ..................................... J urisdiction ................................. PAGE 43 Tools.....................................................................................................................................9 GrievanceProcedure .............................................................................................................9 Rightof Subcontsact .......................................................................................................... 11 Non-Discrimination ........................................................................................................... 11 Severability........................................................................................................................ 11 W aiver ...................... City Mileage ..........., Duration and Pledge AppendixA ........................................................................................................ AppendixB ......................................................................................................... AppendixC ......................................................................................................... •..-�� .........12 ......... 12 .........13 ...... A-1 ...... B-1 ...... C-1 ...... D-1 � • dg-? a-b PREAMBLE This Agreement is entered 'mto between the City of Saint Paul, hereinafter referred to as the Employer and the Sheet Metal Workers International Association Local 10 hereinafter referred to as the Union. The Employer and the Union concur that tivs 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-inanagement cooperation. The Employer and the Union both realize that this goal depends not oniy on the words in the Agreement but rather prunarily on attitudes between people at all levels of responsbility. Constructive attitudes of the City, the Union, and the individual employees will best serve the needs of the general puhlic. 11 • ARTICLE 1— PURPOSE d� � yD 1.1 The Employer and the Union agree that the purpose £or entering into this Agreement is to: l.l (1) Achieve orderly and peacefui relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; 1.1 (2) Set forth rates ofpay, hours ofwork, and other conditions of employment as ha�e been agreed upon by the Empioyer and the Union; 1.1 (3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of ttiis Agreement without loss of productivity. 1.2 The Empioyer and the Union agree that this Agreement serves as a supplement to legislation that ereates and directs the Employer. If any part of ttris 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 confonns to the statute as provided by Article 25 (SEVERABILITY). ARTICLE 2 — RECOGNITION • 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purQoses for all personnel having an employment status of regulaz, probationary, provisional, and temporary employed in the classes of positions defined in Appendiz A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-513-A dated May 15, 1973. 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 detennine the utilization of technology; to establish and modify the organizational struchue; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this Agreement. 3.2 Any "term or condition of employment" not established by this Agreement shall remani with the Employer to el'vninate, modify, or establish following written notification to the Union. ARTICLE 4 — UNION RIGHTS • 4.1 The Empioyer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthty Union dues. Such monies deducted sha11 be remitted as directed by the Union. ARTICLE 4 — UNION RIGHTS (Continued) 4.1 (1) The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor orgauization. 4.1 (2) The Union shall indemnify and save harmless the Employer from any and a11 claims or charges made against the Employer as a result of the implementation of this Article. 4.2 The Union may designate one (1) employee from the bazgainiug unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shall have the rights and responsibilities as designated iu Article 22 (GRIEVANCE PROCEDURE). 4.3 Upon notification to a designated Bmployer supervisor, the Business Manager of the Union, or his designated representative shall be permitted to enter the facilities of the Employer where ewployees covered by this Agreement aze worldng. ARTICLE 5— SCOPE OF THE AGREEMENT � 5.1 Tivs Agreement establisfies 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 • Rute, Counci� Ordiaarece, and Couuci� Resolution. 5.2 Effective May 1, 2008, employees represented by tivs agreement are not subject to nor do they ha�e any rights under the Saint Paul Civil Service Rules. ARTICLE 6 — PROBATIONARY PERIODS 6.1 All personnel, originally Ivred or rehired following sepazation, in a regulaz employment status shall serve a suc (6) month probationary period duaing which time the employee's fitness and ability to perform the position's duties and responsb�7ities shall be evaluated. 6.1 (1) At any time during the probationary period an employee may be tem�inated at the discretion of the Employer without appeal to the provisions of Articie 22 (GRIEVANCE PROCEDURE). 6.1 (2) An employee terminated during the probationary period shall receive a written notice ofthe reason(s) for such tPr�ma_�on, a copy ofwhich sfiall 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 fitness and ability to perform tlie • position's duties and responsibilities st�all be evahiated. 2 � ARTICLE 6 - PROBATI(�NA.RY PERIODS (Continued) �$�� 6.2 (1) At any time during the promotional probationary period an employee may be demoted to the employee's previously held class at the discretion of the Employer without appeal to the provisions of Article 22 (GRIEVANCE PROCEDIJRE). 6.2 (2) An employee demoted during the promotional probationary period shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union, and the employee shall be retumed to his/her previously held class. ARTICLE 7- PffiLOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 7.2 7.3 � � The Employer and the Union are in fixll agreement that the philosophy of employment and compensation shall be a"cash" hourly wage and "industr�' fringe benefit system The Bmployer shall compensate employees for all hours worked at the basic hourly wage rate an hourly fringe benefit rate as found in Articles 12 (WAGES) and 13 (FRINGE BENEFITS). No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this Agreement. ARTICLE 8- HOURS OF WORK :� � � The normal work day shall be eight (8) wnsecutive hours per day, excluding a thirty (30) minute unpaid lunch period between 7:00 a.m and 7:00 p.m. The nomial work week shall be five (S) consecutive nonnal work days. This section shall not be construed as, and is not a guazantee o� any hours of work per normal work day or per normal work week. 8.4 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 location until the end of the established work day unless otherwise directed by their supervisor. 8.5 All employees are subject to call-back by the Employer as provided by Article 10 (CALL IN/CALL BACK). 8.6 Employees reporting for work at the established starting time and for whom no work is available shaIl receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. ARTICLE 9 - OVERTIME 9.1 All overtime conapensated for by the Ez�ployer must receive prior authorization fram 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 tzme card, unless the required advance approval has been obtained. 9.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: 9.2 (1) Time worked in excess of eight (8) hours in any one normal work day, and 9.2 (2) Time worked on a sixth (6`") day following a normal work week. 9.3 The overtime rate of two (2) times the basic hourly zate shall be paid for work performed under the following circumstances: 9.3 (1) Time worked on a holiday as defined in Article 15 (HOLIDAYS); 1� J 9.3 (2) Time worked on a seventh (7`� day foIlowing a normal work week; and 9.3 (3) Time worked in excess oftwelve (12) consecurive hours in a twenty-four (24) � bour period, provided, that all "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (1.5). 9.4 For the purposes of calculating overtime compensation overtime hours worked shall not be "pyramided", compounded, or paid twice fnr the same hours worked. 9.5 Overtime hours worked as provided by tivs Article shall be paid in cash or in 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 normat 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 hourly rate or shall be compensated in accordance with Article 9(OVERTIME), when applicable, wbichever is greater. 10.2 (1) Notwithstanding Artic2e 10.2, employees cailed in four (4) hours or less prior to • their normal work day sba11 complete the normal work day and be compensated only for the overhime hours worked 'm accordance with Article 9(OVERTIME). L! / � u va� ( OO ARTICLE 11— WORK LOCATION, RESIDENCY 11.1 Employees shall report to work location as assigned by a designated Employer supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the Employer. 11.2 The resolution pertaining to residency approved July 26, 1979, under Council File No. 273378 shall apply to all employees covered by this Agreement. ARTICLE 12 — WAGES 12.1 The basic houriy wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Provisional and temporary ecnployees shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contnbutions and/or deductions made in their bevalf as pxovided for by Article 13 (FRINGE BENEFITS). ARTICLE 13 — FRINGE BENEFITS � 13.1 The Employer shall make conmbutions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix D for all hours worked. 13.2 Provisional, probationary, and regulaz employees shall be eligible for a paid holiday for Labor Day, the first Monday in September. ARTICLE 14 - SELECTION OF LEAD SHEET METAL WORKER 14.1 The selection of personnel for the ciass Lead Sheet Metal Worker and Senior Mechanical Inspector shall remain solely with the Employer. 142 The class Lead Sheet Metal Worker and Senior Mechanical Inspector shall be filled by empioyees of the bargaining unit on a"temporary assignmenY'. 14.3 All "temporary assignments" shall be made only at the direction of a designated Employer supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the position is vacant for more than one (1) normal work day. CJ � ARTICLE 15 - HOLIDAYS 15.1 The following ten (10) days shail be designated as holidays: New Yeaz's Day, 7anuary 1 Martin Luther K.ing Day, Third Monday in January Presidents' Day, Third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor bay, 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 15.2 When New Yeaz's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any ofthese three (3) holidays falls on a Saturday, the preced'mg Friday shall be considered the designated holiday. 153 The ten (10) holidays shall be considered non-work days. 15.4 I� in the judgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled, "called in" or "called back" in accordance with Article 10 (CALL IN/CALL BACK). 15.5 Employees assigned to work on Martin Luther King Day, Presidents' Day, Veterans' Day or the Day a$er Thanksgiving shall be compensate3 on a straight time basis for such hours worked. 15.6 Employees assigned to work on New Year's Day, Memorial Day, Independence Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. 15.7 Employees working on Labor Day shall be recompensed for work done on this day by beittg grante3 compensatory time on a time and one-hatfbasis or by being paid on a time and one-fialf basis for such hours worked, in addition to tfie employee's regular hoIiday pay. ARTICLE 16 - DISCIPLINARY PROCEDURES � 16.1 The Employer shall have the right to impose disciplinary actions on employees for just • cause. • ag-�aa ARTICLE 16 — DISCIPLINARY PROCEDURES (Contanued) 16.2 Disciplinary actions by the Employer shall include only the following aetions: 16.2 (1) Oral reprimand 16.2 (2) Written reprnnand 16.2 (3) Suspension 16.2 {4) Demotion 16.2 (5) Discharge 16.3 Employees who are suspended, demoted, or dischazged sball have the ri�t to appeal these disciplinary actions by following the grievance procedures specified in Article 22 (GRIEVANCE PROCEDUI2E) of this agreement. ARTICLE 17 — ABSENCES FROM WORK 17.1 Employees who aze unable to report for their normal work day have the responsbility to notify their supervisor of such absence as soon as possble, but in no event later than the be �nnin of such work day. • 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (DISCIPLINARY PROCEDURES). 17.3 Failure to report for work without norification for tbree (3) consecutive normai work days may be considered a"quit" by the Employer on the part of the employee. ARTICLE 18 — SENIORITY 18.1 Seniority, for the purposes of this Agreement, shall be defined as follows: 18.1(1) "Master Seniorit�' - the length of continuous regulaz and probationary service with the Employer from the last date of employment in any and all class tities covered by this Agreement. 18.1(2) "Class Seniorit}�' - 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. • 18.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury�, is granted to allow an employae to accept an appointment to the unclassified service ofthe Employer or to an elected or appointed fiill-time position with the Union. 18.3 Seniority shall terminate when an employee zetires, resigns, or is dischazged. 7 ARTICLE 18 - SENIORITY (Continued) 18.4 In the event it is determiued by the Employer thai it is necessary to reduce the work force alt temporary eznployees shall be released prior to the 2ayoff of permanent employees. Further, it is management's intent that permanent employees will be laid offby class title within each Department based on inverse length of "Class Seniority". However, management reserves the right to institute layo�'s ouY of senioriry order for legitimate business reasons. ManagemenY s exercise of this right shall not be azbitrary or capricious. Ifthe Union believes that an out-of-order tayoffhas occuned for an azbitrary or capricious reason, such decision may be grieved under Article 22 (GRIEVANCE PROCEDURE). 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniorit}T', subject to the approval of the Employer. ARTICLE 19 - JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of the Employer. � 19.2 The Employer agrees to be guided in the assigiment of work jurisdiction by any mutual • agreements between the unions involved. 19.3 In the event of a dispute conceming the performance or assignment of work, the unions involved and the Employer shalt 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 of the dispute or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (DISCIPLINARY PROCEDURES). 19.5 There shall be no work stoppage, slow down, or any disruprion of work resuhing from a work assignment. ARTTCLE 20 — SEPARATION 20.1 Employees having a probarionary or regv7ar employment status shalt be considered separated from employment based on the following actions: 20.1 (1) Resignation. Employees resigning from employment shaIl give written notice • fourteen (14) calendar days prior to the effective date of the resignation. • v�-�a-o ARTICLE 20 - SEPARATION (Continued) 20.1 (2) Discharge. As providefl in Articie 16. 20.1 (3} Failure to Report for Duty. As provided in Article 17. • � 20.2 Employees having a temporary or provisional empioyment status may be tecminated at the discretion of the Employer before the completion of a nomial work day. ARTICLE 21— TOOLS 21.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. ARTICLE 22 - GRIEVANCE PROCEDURE 22.1 The Employer shall recognize the Stewazd selected in accordance with ilnion rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the name of the Stewazd and of his/her successor when so named. 22.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsbilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsbilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Steward and the employee haue notified and received the approval oftheir supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 223 The procedure established by this Article shall be the sole and exclusive procedure for the processing ofgrievances, which are defined as an alleged violation ofthe terms and conditions ofthis Agreement. 22.4 Grievances shall be resolved in confoimance 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 infom�ai basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informai discussion it may be reduced to writing and refened 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) ofthe Agreement violated, and the reliefrequested. Any alleged violation ofthe Agreement not 0 ARTICLE 22 — GRIEVANCE PROCEDURE (Continued) 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 reasonabte diligence should have had lmowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2 Within seven (7) calendar days after receiving the written grievance a designated Employer supervisor shall meet with the Union Stewazd and atteuipt to resolve the grievance. I� as a result oft�is meeting, the grievance remains unresolved, the Eniployer sha11 reply in writing to the Union within three (3) 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 cvritiug by tke Union witivn seven (7) calendar days following receipt of the Employer's answer shall be considered waived. � U 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 his designated representative aud attemgt to resolve the grievance. Within seven (7) calendaz days following this meeting the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. I� • as a resuh of the written response the grievance remains unresoived, 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 following receipt of the Employer's answer sball be considered waived. Step 4 If the grievance remains unresolved, the Union may within seven (7) calendar 8ays after the response of the Employer in Step 3, by arritten notice to the Employer, request arbitration of the grievance. The arbitration pmceedings shall be conducted by an azbitrator to be selected by mutual agreement of the Employer an@ the Union within seven (7) calendar days after notice has been given. If the parties fail to mutvally agree upon an arbitrator within the said seven ('n day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) azbitrators. Both the Employer and tke Union shall t�ave the right to sh�lce two (2) names from the paneL The Union sl�all stnke the first (lst) name; the Employer shall then stnke one (1) name. The process will be repeated an@ the rema,n�ng person shall be the arbiYrator. 22.5 The azbitrator shall taave no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agrezment. The arbitrator shati consider aad decide only the specific issue submitted in writing by the Employer and the Union and sl�all Yiave no authority to make a decision on any other issue not so submitted. The arbitrator shall be • without power to make dec�sions contrary to or mconsistent with or modifyiag or varying in any way the application of laws, rules, or regulations l�avmg the force and effect of law. 10 • ARTICLE 22 — GI2IEVANCE PROCEDURE (Continued} D g- T a-b The arbztrator's decision shall be submitted in writing within thirty (30) days following close of the hearin.g or the submission of briefs by the parties, whichever be later, unless the parties agree to an eartension. The decision shall be based solely on the arbitrator's intezpretation or application of the express tem�s ofthis Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. 22.6 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 responsble for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 22.7 The time limits in each step of this procedure may be ea�tended by mutual agreement of the Employer and the Union. ARTICLE 23 - RIGHT OF SUBCONTRACT 23.1 The Employer may, at any time during the duration of tivs Agreement, contract out work � done by the employees covered by this Agreexnent. In the event that such contracting would resuit in a reduction of the work force covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day notice of the intention to subcontract. 23.2 The subcontraeting of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24 — NON-DISCRIMINATION 24.1 The temis and conditions of this Agreement will be applied to employees equally without regard to, or discrinrination for or against, any individual because ofrace, color, creed, seac, age, or because of inembership or non-membership in the Union. 24.2 Employees will perform their duties and responsbilities in a non-discriminatory muuier as such duties and responsbilities involve other empioyees and the general public. ARTICLE 25 - SEVERABILITY 25.1 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, detennination, or decree no appeal is taken, such provision(s) shail be voided. All other provisions shall • continue in full force and effect. 11 ARTICLE 2S - SEVERABII.ITY (Continued) 25.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative, or judicial detem�ination ARTICLE 26 — WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating wluch resulted in this Agreement, each had the right and opportunity to make proposaLs with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the e7cercise of this right aze fully and completely set forth in tivs Agreemeat. 26.2 Therefore, the Employer and the Union for the duration of this Agee�ment agree that the ofher party shall not be obtigated to meet and negotiate over any term or conditions of employment whether specifically covered or not specifically covered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. � 26.3 Any and all prior ordinances, agreements, resohrtions, practices, policies, and rules or . regulations regarding the terms and conditions of employment, to the eictent they aze inconsisteat with this AgreemenY, are hereby snperseded. ARTICLE 27 — CITY MILEAGE 27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 ofthe Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the fullowing provisions are adopted. 27.2 Method of Computation: To be eligble for such reimbursement, all officers and employees must receive written authorization from the Department Head. 27.2 (1) Effective October I, 2005, employees of this bargaining unit shall receive the current IRS mileage reimbursement rate. • 12 • og-7a-b ARTICLE 27 — CTTY MILEAGE (Continued) 27.3 The City will provide off street 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 plans who aze required to have their personal car a�ailable for City business. Such parking will be provided only for the days the employee is required to have his or her own petsonal car availabie. ARTICLE 28 — DUR�TION AND PLEDGE 28.1 This Agreement shall bewme effective as of May i, 2008, except as specifically provided otherwise in this Agreement, and shall remaui in effect through the 30�' day of Apri12011, and continue in effect from year to yeaz thereafter unless notice to given to change or to tenninate this agreement. Retroactive pay adjusrinents shall apply to all employees of the bazgaining unit who aze active employees on the date of signing of the agreement except those who have been tenninated for cause. 28.2 If either party desires to teizninate oz modify this Agreement, effective as of.the date of expiration, the party wishing to modify or ternrinate the Agreement shall give written notice to the other party, not more than ninety (90) or less than sixry (60) calendaz days � prior to the expiration date, provided, that the Agreement may only be so termu�ated or modified effective as ofthe expiration date. 28.3 In consideration of the terxns and conditions of employment established by this Agreement and the recognition that the Cmevance Procedure herein established is the means by which grievances concenvng its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 2°0.3 (1) i he Union and the employees will not engage in, ;nstigate, or ccndcae any concerted action in which employees fail to repoat for duty, willfizlly absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful perfortnance of their duties of employment. 28.3 (2) The Employer will not engage in, instigate, or condone any lock-out of employees. • 13 ARTICLE 28 — DURATION AND PLEDGE (Conianued) 283 (3) Tivs constitutes a tentative agreement between the parties wluch will be recommended by the Director of Labor Relations, but is subject to the approval ofthe Administration ofthe City, the City Councit and is also subject to rati&cation by the Association. Agreed to this (,� ip�day of June, 2008 and attested to as the full and complete understanding of the parties for the period oftime herein specified by the signature ofthe following representative for the Employer and the Association: FOR THE CITY OF ST. PAUL � Tracey Bl Labor Relations Specialist SHEET METAL WORKERS INTERNATIONAL ASSOC7ATION, LOCAL 10 `��'U��i� ,,� i��l� : - �.,. - � � • 14 • �� APPENDIX A The classes recognized by the Employer as being exclusively represented by the Union are as follows: Senior Mechanicai Inspector-Sheet Metal Lead Sheet Metal Worker Sheet Metal Worker Apprentice Sheet Metal Inspector, and other classes that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. r 1 LJ • A-i • D$ -7 a-LS APPENDIX B Tool Box VJhitney, Small Crescent Wrench or set of Open End Wrenches Center Punches Hacksaw Frame Chisels Small Hand Tongs 6' Folding Rule Screw Driver Scratch Awls Pliers Snips, Straight-at�iation L and R Hammers (Tinners) Dolly Baz Combination Square Prick Punch 10' Tape Dividers . • : � APPENDIX C a� -�aa The basic hourly wage rate for temporary employees appointed to the following classes shall be: Sheet Metal Worker Lead Sheet Metal Worker Sheet Metal Inspector 1 st Step 2nd Step Senior Mechanical Inspector-Sheet Metal Effective OS/Ol/08 (or closest pay period) $41.51 $43.51 $42.51 $43.51 $44.51 The basic hourly wage rates for temporary employees whose length of service and earuin�s require that they be subject to Public Employees Retarement Association (PERA) contributions • shall be the temporary rate divided by 1.065 effective 7anuary 1, 2008. This rate is subject to fiuther increase or decrease by the State of Miunesota The basic hourly wage rate for provisional, regular, and probationary employees appointed to the following classes shall be: Effective OS/Ol/08 (or ciosest payroll period) Sheet Metal Worker Lead Sheet Metal Worker Sheet Metai Inspectoz lst Step 2nd Step Senior Mechanical Inspector-Sheet Metal $34.65** $36.32** $35.48** $3632** $37.15** ** Effective Aprii 26, 1997, tlus rate includes the above ta�cable deductions in addition to 72 hours of paid holidays and 160 hours ofpaid vacation per fiscal • year. Vacation cazry over shall be paid in accordance with Section I H of the Saint Paul Salary Plan and Rates of Compensation. Vacation must be approved by the Head of the Department. C-1 APPENDIX C (Continued) � T`he above rates in Appendix C include ttle $2.73 tasable Credit Union deducfion wtuch includes the $0.45 taxable Market Recovery Fund deduction. A1so, mcluded in the above rates is the $4,28 taxable amount paid directly to employees as part of their wage in lieu of a contnbution to the Supplemental Pension. After appearing on the payroll for 1040 hours in the first step, an employee in the Sheet Metal Inspector classification may be granted a wage increase to the second step. Effective May 1, 2009 {or closest payroll period), there willbe an additional $2.45 per hour increase added to the total package. The parties will agree prior to that date regarding the distrburion of the $2.45 between wages and fringes. This amount wi11 be decreased by any increase in industry fuuds. The distnbution wiIl include an increase of $0.19 per hour, to $2.94 per hour, for the National Pension Fund contnbutioa Effective May 1, 2010 (or closest payroll period), there will be azt additional $2.45 per hour increase added to the total package. The parties will agree prior to that date regarding the distnbution of the $2.45 between wages and fringes. This amount will be decreased by any nxcrease in industry funds. The distnbution wil2 inciude an increase of $0.21 per hour, to $3.2 5 per hour, for the Narional Pension Fund contnburion If the Union elects to have the contnbutions listed in Appendix D increased or decreased, the • Employer may adjust the above applicable rates for pariicipatiug employees in such a way that the total cost of the package (wage rate plus contnburions) remains constant. • C-2 � • � APPENDIX D Effective May 1, 2008(or closest pay period} the Employer shall: (1) (2} (3) �i (5) (6� ��) � 6�-�a-D contnbute to a Welfare Fund $6.13 per fiour for all hours worked by participating employees as defined in Articles 123, 12.4 and 12.5 of this Agreement. conmbute to a L.ocal Pension Fund $3.28 per hour for all hours worked by participating employees, as defined above. contn'bute to a National Pension Fund $2.75 per hour for all hours worked by participating employees, as defined above., deduct and forwazd to a Vacation Fund $2.73 per hour for all hours worked by participating employees, as defin�i above. contnbute to the 7ourneyman and Apprenticeship Training Fund $0.53 per hour for all hours worked by participating employees, as defined above. contnbute to the National Scholazship & SMOHI Fund $0.03 per hour for all hours worked by participating employees, as defined above. contnbute to a Labor Manageznent Fund $0.02 per hour for all hours worked by participating employees. contnbute to the NTF/NEMI fund $.15 per hour for all hours worked by participating employees. The Employer will not make the above contnbutions for Holidays or vacation. The above contnbutions may be increased or decreased as long as the applicabie hourly rates in Appendix C for participating employees aze decreased or increased by the same total amount. All contnbutions 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 contnbutions and/or deductions established by tivs Agreement. The aetual levei of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwarded conmbutions andfor deductions. D-1