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08-809Council Fite #� Green Sheet # 3057006 RESOLUTION _ _ _- _ - - -- C�T1F - -= SAFAI-f P�Ftit-1V��/�--_ _ � = - -- --- -_- --'- � - - Presented by 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 May l, 2008 through Apri130, 2011 Maintenance Labor Agreement between the City of Saint Paul and the 3 United Association of Plumbers, I,oca134 and Sprinkler Fitters I.ocal Union No. 417. Request d y D a of. Human Resources By. An ela Nale y' ector Approved by the Office of Fin. ancial Services s �.�P i �.,.°--.� — Approved by g (" CouncIl �... .� «.� �. ._� =u _� '.� • :.�. �� � / � �,�� � • ��� IC `"` 11_. 1 i � Green Sheet Green Sheet ��- ��.,_=_-- � HU 'HumanRa"�es 1&JUL-08 ContactPerson & Phone: Jason Schmidt 266-6503 Doa Type: RESOLUTON W!$ TRANSAC E-DOCUment Required: Y Doeument Contact: Sue Wegwerth Contaet Phone: 26665'13 Green Sheet Green Sheet Green Sheet Green Sheet � 48- �D� � Assign Number For Routing Orcler Total � of Signature Pages, �Clip All Locations for Signature) 0 aman Resonrces � 1 amanResoarces D artmentDirector 2 inantisl Services f5ce Finanaal Services 3 ' Attorae 4 a or's Otfitt Ma or/Assisffint 5 onncII Coancil 6 ' Cierk Cti Clerk Reolution approving t}�e attached May 1, 2008 through Apri130, 2011 Maintenance Labor Agxeement between the City of Saint Paul and the United Association of Plumbers, I.ocal 34 and Sprinkler Fitters Local Union No. 417. �daiions: Approve (A) or R Planning Commission CIB Committee Civil Service Commission 1. Has this personffrm ever worked under a contraIX forthis department? Yes No 2. Has this personffirtn ever been a c'rty employee? Yes No 3. Does this personlfirm possess a skill not nortnally possessed by any current city employee? Yes No Explain aIl yes answers on separate sheet and attach to green sheet Initiating Pro6lem, Issues, Opportunity (Who, What, When, Where, Why): The Maintenance Labor Agreement with the United Association of Plumbers, Loca134 and the Sprinkler Fitters I.ocal Union 130. 417 has exgired. 1'6e City of Saint Paul is requued to negotiate with the bargaining unit. Advantages if Approved: An agreement reached fluough good faith bazgaining will be in place tLrough Apri130, 2011. Disadvantages If Approved: None. Disadvantages If Not Approved: The City would be required to re-open negotiations with the bargaining unit. This would strain relarions with the bazgaining unit and could lead to possible strike. Transaction: Funding Source: Fina�wial frdom�ation: (Explain) Aetivity Number: CostlRevenue Budgeted: July 18, 2008 12:29 PM Page 1 /: � / - �.�r�cH�rrr�ro-�c�r��v ����-- i - -- - -- _- �— = ----_ -_ , __ - - ------ - - -- -- COLLECTIVE BARGAII�ING AGREEMENT WITH UNTTED ASSOCIATION PLUMBERS LOCAL NO. 34 AND SPRINKLER FTTTERS LOCAL NO. 417 Below is a summary ofthe changes in the Collective Bazgainuig Agreement between the City of Saint Paul and United Association Plumbers I.ocal No. 34 and Sprinkler Fitters L,ocal No. 417. Duration• May 1, 2008 through Apri130, 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 ternunated for cause. Civil Service Rules: Effective May 1 2009, members of the bazgaining unit will no longer be covered by the City of Saint Paul Civil Service Rules (CSR). All terms and conditions of employment will be covered by the collective bazgaining agreement between the parties. Holidav: Agreed to pay double time for all hours worked on Labor Day. Other Laneua¢e ChanEes: Other language changes are of a housekeeping nature for clarification and clean up. � � � � �g <��l�y May-1, 2008 Apri130, 2011 - _ � � _ � �. .1VIAINTE�TANCE LAB4R A:GREEMEN'F _ � �. : - � . _ � . � � . � > bet�een�= � � � � - � � � � �- _ � TII� CI�Y OF� S�'�' � ��I7I� � � " - , e � . ��� ��_ �_ � _ �� _ � =arid- . � IJNITED ASSOC.IATION _ _ , PI,UMBERS;LOCAL 34 _ . '. anc� � _. , � > ` , , SPRINKL,ER I+'ITTERS _, _ rt . , .. _ _ - ,_ - -_ � � � �� �;OCAIy�.UNIO�T l�f}. 41'��_,, �.� ��_ ��, � � � � � ; � �_ • - - _ 'TIT7:.� — — I'r.n�: 0 • � � � �� � . ./ - -- — ---- -- - .—�-r�GE -- 1 pll2POSC ................................ 2 RCCOgII1hOIl .......................... 3 Employer Rights ................... 4 Union Rights ........................ 5 Scope of the Agreement........ ............... ............... ..............11 1 1 1 2 2 6 Probationary Periods ...................................................................................................... 2 7 Philosophy of Employment and Compensaflon ............................................................... 3 8 Hours Of VJork ............................................................................................................... 3 9 Overtime ........................................................................................................................ 4 10 Call In/Call Back ............................................................................................................ 4 11 Work Locarion, Residency .............................................................................................. 4 12 Wages ............................................................................................................................ 5 13 Fringe Benefits ............................................................................................................... 5 14 Selection of Senior Plumbing Inspector, Lead Plumber and General Foreman ................. 5 15 Vacation .........................................................................................................................5 16 Holidays .........................................................................................................................6 17 I?isciplinary Procedures .................................................................................................. 7 18 Absences from Work ......................................................................................................7 19 Seniority .........................................................................................................................8 20 7urisdiction .....................................................................................................................9 21 Separation ........................................................................... 22 Tools ................................................................................... 23 Cmevance Procedure ........................................................... 24 Right of Subcontract ............................................................ 25 Non-Discrimination ............................................................. 26 Sevesability ......................................................................... 27 Waiver ..........................................................................�---.. 28 City Mileage ....................................................................... 29 Safety .................................................................................. 30 I,egal Services ..................................................................... 31 Uniform Allowance .............. 32 Duration And Pledge ............ AppendixA .................................................... APPendixB .................................................... AppendixC .................................................... APPendiacD .................................................... AppendixE .................................................... AppendixF .................................................... AppendixG .................................................... ................ 9 ................ 9 ..............10 .............. 11 .............. 12 ...12 ...12 ...12 ... 13 ...13 ........................................14 ........................................14 ...................................... A-1 ...................................... B-i ...................................... C-1 ...................................... D-1 ............................... .......E-1 .......................................F-i ...................................... G-1 • PREAMBLE i /♦ ��' - _--- ---_ - - - - -- - - - - --- -- - -- _ - - -- --- This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer, and the United Association Plumbers Loca134 and Sprinkler Fitters Local Union No. 417, hereinafter referred to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion ofthe 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 primarily on attitudes between people at all levels ofresponsibility. � Constructive attitudes ofthe Employer, the Union, and the individual employees will best serve the needs of the general public. C� ii � dg-g� --- ARTICLE 1- PURPOSE — __ - - _ — _ _.. - -- -- - -° -- -- - - -- - -- - ---- -- --- - - -- — -- . � 1.1 The Employer and the Union agree that the purpose for entering into th�s Agreement is to: i.l (I) Achieve orderly and peacsful relations, thereby establishing a system of unintemipted operations and the highest level of employee perforcnance that is consistent with the safety and well-being of all concerned; 1.1 (2) Set forth rates ofpay, hours ofwork, and other conditions of employment as have been agreed upon by the Employer and the Union; 11 (3) Establish procedures to orderiy and peacefully resolve disputes as to the application or interpretation ofthis Agreement without loss ofproductivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Empioyer. If any part of this Agreement is in wnflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that patt in conflict so that it conforms to the statute as provided by Article 26 (SE'VERABILITY). • ARTICLE 2 - RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for collective bazgaining purposes for all personnel having an employment status of regular, probationary, provisional and temporary, employed in the classes of positions defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-527-A dated May 11,1973 and Case No. 86-PR-951 dated May 14, 1986. 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 structure; to select, direct, and determine the number ofpersonnel; and to perform any inherent managerial function not specifically 1'united by this Agreement. 3.1 (1) Selection ofpersonnel will be based on the merit system defined in the City Charter Section 12.01 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 - IJNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthiy Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1 (1) The Employer shall not deduct dues from the wages of employees covered by tlus Agreement for any other labor organization. 4.1 (2) The Union shall indemnify and save harniless the Employer from any and all claims or charges made against the Employer as a result ofthe implementation of this Article. 4.2 Tfie Union may designate one (I} employee from the bargainiug unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shall have the rights and responsbilities as designated in Article 23 (GRIEVANCE PROCEDURE). 43 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his designated representarive shall be permitted to enter the facilities ofthe Employer where employees covered by this Agreement are working. _ ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "tenms and conditions ofemploymenY' 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 i, 2009, employees represented by this agreement are not subject to nor do they have any rights under the Saint Paul Civil Service Rules. ARTICLE 6 - PROBATIONARY PERIOD5 6.I AII personnel, originally fiired or rehired following sepazation, in a regu2ar employment status skiall serve a six (� month probationary period during which time the empioyee's fituess and ability to perform the position's duties and responsibilities shall be evaluated. 6.1 (1) At any time during the probationary period an employee may be texmivated at the discretion of the Employer without appeat to the pmvisions ofArticle 23 (GRIEVANCE PROCEDURE). 6.1 (2) An employee texminated during tha probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher class shall serve a six (� month promotional probationary period during wluch time the employee's fitness and ability to perform the position's duries and responsibilities shall be evaluated. � � • 2 � • ARTICLE 6- PROBATIONARY PERIODS (Continued) �� g �� _ _ - _ . :-_ . _ - - - -- - --- --- --- -_---- -- --- — — - 6.2 (1) At any time during tfie promotional probationary period an employee may be demoted to the employee's previously held class at the discretion ofthe Employer without appeal to the provisions of Articie 23 (GRIEVANCE PROCEDURE). 6.2 (2) An employee demoted during the promotional probationary period shall be returned to the employee's previously held class and shall receive a written notice ofthe reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7- PHII.OSOPHY OF EMPLOYMENT AND 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 Articles 12 (WAGES) and 13 (FRINGE BENEFITS). 7.3 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 shail be eight (8) consecutive hours per day, exciuding a thirty (30) minute unpaid lunch period between 7:00 am and 5:30 p.m The normal work week shall be five (5) consecutive normal work days Monday through Friday. 83 I� during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shiits or a normai work day or work week other than that provided in Article 8.1 or 8.2, the Union agrees to enter into negotiations immediately to establish such conditions 8.4 This section shail not be construed as, and is not a guarantee o� any hours of work per normal work day or per normal work week. 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location untii the end of the estabiished work day unless otherwise directed by their supervisor. 8.6 Ali employees aze subject to call-back by the Employer as provided by Article 10 (CALL IN/CALL BACK). • $.7 Empioyees reporting for work at the estabiished starting time and for whom no work is available shall 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 Time on the payrol2 in excess ofthe norma2 hours set forth above shalt be "overtime work" and shall be done only by order of the Department Head. An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-aad-one-half basis or by being paid on a time and one-half basis for such overtime work. The basis on which such overtime shatl be paid shalt be determined solely by the Employer. � FZ; � The rate of one and one-half (1 1/2) the basic hourly rate shall be the overtixne rate 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 in excess of forCy (40} fiours in a seven (7} day period. For the purpose of calculating overtime wmpensation overtime hours worked shall not be "pyramided", compounded or paid twice foi the same hours worked. Overtime hours worked as provided by this Article shall be paid in cash or compensatory time as determined by the Employer. 9.5 Compensatory time shaIl be granted or payment made for overtime not later than one year from the time when it is earned. No more than one hundred and fifly (150) hours of overtime may be accumulated in the form of compensatory time. Whenever the time limit or ma.�um hour limit is exceeded, or when a department d�ennines that compensatory time cannot be granted, payment must be made at tfie aufhorized rate. When overtime is paid this shall be shown on the payroll. ARTICLE 10 - CALL IN/CALL BACK 10.1 The Employer retains the right to call in or call back employees before an empioyee has started a normal work day or normal work week and after an employee has completed a normal work day or nornial 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, wluchever 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 overtnne hours worked in accordance with Article 9(OVERTIME). ARTICLE 11- WORK LOCATION, RESIDENCY 1 l.l Employees shall report to work location as assigned by a desigaated Employer supervisor. During the normal work day e�mployees may be assigned to other work locations at the discretion of the Employer. � u n LJ 0 � r�-�o9 ARTICLE 11- WORK LOCATION, RESIDENCY (Continued) - - _ _ _ _ _. .. ____ _. . ---- ---- -- — __ 1 r.2 The resolufion pertaining fo 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 hourly wage rates as established by Appendi�c C and Appendix F shall be paid for all hours worked by an employee. 12.2 Regulaz, provisional and temporary employees shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contn'butions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS). 123 All regular employees employed after February 15, 1974, shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS). ARTICLE 13 - FRINGE BENEFITS 13.1 The Employer shall make contributions on behalf of and/or make deductions from the • wages of employees covered by this Agreement in accordance with Appendix D and Appendix G for all hours worked. ARTICLE 14 - SELECTION OF SENIOR PLUMBING INSPECTOR, LEAD PLUMBER AND GENERAI. FOREMAN • 14.1 The selection of personnel for the classes of positions Lead Plumber and Seniox Plumbing Inspector shali remain solely with the Employer. 14.2 The classes of positions Lead Piumber and 5enior Plumbing Inspector shall be filled by employees of the bazgaining unit on a"temporary assignment". 14.3 14.4 All "temporary assignments" shall be made only at the direction of a designated Employer supervisor. Such "temporary assignments" sUall be xnade only in cases where the class of positions is vacant for more than one (1) normal work day. ARTICLE 15 - VACATION 15.1 Empioyees shall be required to take at least ten (10) vacation days per year. These days shall be granted with Employer approval. These vacation days shall be considered non- work days. ARTICLE 16 - HOLIDAYS 16.1 The following ten (10) days shall be designated as holidays: New Year's Day, January 1 Martin Luther King Day, 3rd Monday in January Presidents' Day, Third Monday ia Februuy Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Veteran's Day, November 11 Thanksgiving Day, fourth Thursday in November Day after 'I'hanksgiving, fourth Friday in November Christmas Day, December 25 16.2 When New Year's Day, Independence Day or Christmas Day fa1Ls on a Sunday, the following Monday shall be consider� the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday sl�all be considered the designated holiday. 16.3 The ten (10) holidays shall be consideted non-work days. 16.4 Temporary, provisional, probarionary and regulaz employees shall be eligible for a paid holiday for Labor Day, the first Monday in September. 16.5 Fire Sprinkler Inspectors shall be eligible for a paid holiday for President's Day, Memoriat Day, Independence Day, Labor Day, Thanksgiving and the Day after Thanksgiving. 16.6 I� in the judgment of the Employer, personnel aze necessary for operating or emergency reasons, employees may be scheduled, "called in" or "called back" in accordance with Article 10 (CALL IN/CALL BACK). 16.7 Employees working on the holidays listed below shall be paid on a strai$ht time basis, in addition to their regular holiday pay as defined in this article. Martin Luther King Day Presidents' Day Day after Thanksgiving Veterans' Day 16.8 Employees, other than Fire Sprinkler Tnspectors, working on the holidays listed below sha11 be recompensed for work done any ofthese days by being granted compensafory time on a double time basis or by being paid on a double time basis, in addition to their regular holiday pay as defined in this article. New Year's Day Memoriai Day Thanksgiving Day C'hrictmac j)gy Independence Day Labor Day � • � U 0 • ARTICLE 16 - HOLIDAYS (Continued) /: : / � _ _ - - - - -- _ - ___ -- ---- =-- --- --- - - - --- - � 169 Fire Sprinkler Inspectors working on the holidays listed below shall be recompensed for work done any of these days by being granted compensatory time on a double time basis or by being paid on a double time basis, in addition to their regular holiday pay as defined in the article. New Year's Day Christmas Day Labor Bay 16.10 Fire Sprinkler Inspectors working on the holidays listed below shall be recompensed for work done on this day by being granted compensatory time on a time-and-one-half basis, or by being paid on a time-and-one-half basis for such hours worked, in addition to their regular holiday pay as defined in the article. Thanksgiving Day Memorial Day Independence Day ARTICLE 17 - DISCIPLINARY PROCEDURES � 17.1 17.2 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: 17.2 (1) Oralreprunand 17.2 (2) Written reprimand 17.2 (3) Suspension 17.2 (4) Demotion 17.2 (5) Discharge 173 Employees who are suspended, demoted, or discharged sha11 have the right to right to appeal these disciplinary actions by following the grievance procedures specified in Article 23 (GRIEVANCE PROCEDURE) of this Agreement. ARTICLE 18 - ABSENCES FROM WORK 18.1 Employees who aze unable to report for their normal work day have the responsibilit�to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 18.2 Failure to make such notification may be grounds for discipline as provided in Article 17 (DISCIPLINARY PROCEDURES). • 18.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a"quiY' by the Employer on the part of the employee. ARTICLE 19 - SENiORITY 19.1 Seniority, for the purposes ofthis Agreement, shall be defined as follows: 19.1 (1) "Master Seniorit�' - The length of continuous regular and probationary service with the Employer from the last date of employment in any and all class ritles covered by this Agreement. 19.1 (2) "Class Seniorit}�' - The length of continuous regular and probationary service with the Bmployer from the date an employee was first appointed to a class title covered by this Agreement. 19.2 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) calendaz days; 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-time position with the Uttion. 19.3 Seniority shall ferminate when an empl_oyee retires, resigns, or is discharged _ � 19.4 In the event it is determined by the Employer that it is necessary to reduce the work force, all temporary employees shall be released prior to the layoff of permanent employees. Further, it is management's intent that permanent employees will be laid offby class title within each Department based on inverse length of "Class Seniorit}�'. Iiowever, • management reserves the right to institute layoffs out of seniority for legitimate business reasons. The Union will receive written norification of the legitimate business reason. ManagemenYs exercise of this right shall not be arbitrary or capricious. Ifthe Union believes thai an out-of-order layoff has occurred for an azbitrary or capricious reason, such decision may be grieved under Article 23 (GRIEVANCE PROCEDURE). Upon request, the parties agree to a meet and confer to discuss any out of order IayofE This Article shalt not be used in place ofArticle 17 (DISCIPLINARY PROCEDURES) to discharge employees. 19.4 (1) For the purpose of this Article, pursuant to Article 14 (SELECTION OF SENIOR PLUMBING INSPECTOR, LEAD PLUMBER AND GENERAI. FOREMAN) temporary assignments aze not deemed separate ciass titles within departments. 19.5 In the event it is determined by the Employer that it is necessary to reduce the number of Plumbing Inspectors in the Fire Department, e�m�ployees will be laid off in inverse order of their "Class Seniorii�'. However, employees being laid offwho were appointed to tfie title ofPlumbing Inspector prior to 7uly 1, 1985 and txansferred to the Fire Department shall have the right to displace Piumbing Inspectois in the Department of Community Services provided the employee has greater "Class Seniority" than the employee being displaced. 19.6 The selection of vacation periods shall be made by class title based on length of "Class • Seniorit�', subject to the approval ofthe Employer. � • ARTICLE 20 - JURISDICTION /. � / ' 20.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject to determination by the various unions representing employees of the Employer. ' 20.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual Agreements between the unions involved. 20.3 In the event of a dispute conceming the performance or assigxunent 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 of the dispute or to restrict the Employer's basic right to assign work. 20.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 20.2 and 20.3 above shall be subject to disciplinary action as provided in Article 17 (DISCIPLINARY PROCEDURES). 20.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. ARTICLE 21- SEPARATION 21.1 Employees having a probationary or regular employment status shall be considered sepazated from employment based on the following actions: 21.1 (1) Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 21.1 (2) Discharge. As provided in Article 17 (DISCIPLINARY PROCEDURES). 211 (3) Failure to Report for Duty. As provided in Article 18 (ABSENCES FROM WORK). 21.2 Employees ]�aving a temporary or provisional employxnent status may be terminated at the discretion of the Employer before the completion of a normal work day. ARTICLE 22 - TOOLS 22.1 All employees shall personally provide themseives with the tools of the trade as listed in Appendis B. • ARTICLE 23 - GRIEVANCE PROCEDURE 23.1 The Employer shall recognize the Stewazd selected in accordance with Union rules and regulations as the grievance representative ofthe bazgaining unit. The Union shall notify the Employer in writing of the name of the Stewazd and of his/her successor when so named. 23.2 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 worldng hours only when consistent with such employee duties and responsibilities. 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 empioyee have notified and received the approval of their supervisor to be absent to pmcess a grievance and that such absence would not be detrimental to the work programs of the Employer. 23.3 The procedure established by tfiis article shall be fhe soie and exclusive procedure far the processing of grievances, which aze defined as an alleged violation of the terms and conditions ofthis Agreement. 23.4 Crrievances shall be resolved in conformance with the following procedure: � Step 1. Uponthe occurrence ofan alleged violation ofthis Agreement, the employee involved shall atte�t to resolve the matter on an informal basis with the employee's . supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to cvriting 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) ofthe Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendaz days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had Irnowledge of the first occurrence of the event giving rise to the grievance, shall be wnsidered waived. Step 2. Within seven (7) calendaz days after receiving the written grievance a designated Employer supervisor shall meet with the Union Steward and attempt to resolve the grievance. I� as a result of Uus meeting, the grievance rP**�a�n� unresolved, the Employer shall reply in writing to the Union within tk�ree (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven ('� calendar days foIIowing receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Sfep 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/her designated representative and attempt 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 result of the written • response the grievance r�**�ainc unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven {7} calendaz days following receipt ofthe Employer's answer shall be considered waived. 10 ARTICLE 23 — GRIEVANCE PROCEDURE (Continued) ����°� • - --- --- - - _ _ __ _— - -- — �tep � I�the gnevance iesnains untes�ve� tFie�nion may wi seven ( c en ar days after the response of the Employer in Step 3, by written notice to the Employer, request azbitra#ion of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual Agreement of the Employer and the Union witlun seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbihator within the said seven (7) day period, either parry may request the Bureau of Mediation Services to submit a panel of five (5) arbitraYors. Both the Employer and the Union shall have the right to strike two (2) names from the paneL The Union shall stnlce the first (Lst) name; the Employer shall then smke one (1) name. The process will be repeated and the remauring person shall be the azbitrator. 23.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The azbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The azbitrator sha11 be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The azbitrator's decision shall be submitted in writing within thirty (30) days following ciose of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an e�ension. The decision shall be based solely on the azbitrator's • interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the azbitrator shall be final and binding on the Employer, the Union and the employees. 23.6 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 party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 23.7 The tune limits in each step of this procedure may be extended by mutual Agreement of the Employer and the Union. ARTICLE 24 - RIGHT OF SUBCONTRACT 24.1 The Employer xnay, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction of the work force covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day notice of the intention to sub-contract. 24.2 The sub-contracting 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. u 11 ARTICLE 25 - NON-DISCRIMINATION 25.1 The terms and conditions of this Agreement will be applied to employees equally without regard to, or discriinination for or against, any individual because of race, color, creed, sex, age, or because of inembership or non-membership in the Union. 25.2 Employees will perform their duties and responsbilities in a non-discriminatory manner as such duries and responsibilities involve other employees and the general public. ARTICLE 26 - SEVERABILITY 26.1 In the event that any provision(s) of this Agreement is declazed to be contrary to law by pmper legislative, administrative, or judicial authority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 26.2 T-haparties agree to, upon written norice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative, or judicial determination. ARTICLE 27 - WAIVER 27.1 The Employer and the Union acknowledge tbat during the meeting and negotiating which resulted in this Agreement, each had the right and opporlunity to make proposals with � respect to any subject conceming the terms and conditions of employment. The Agreements and understandings reached by the parties a&er the exercise of this right are fully and wmpletely set forth in this Agreement. 27.2 Therefore, the Employer and the Union for the duration ofthis Agreement agree that the other party shall not be obligated 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, mutuatly agree to modify any pmvision of this Agreement. 27.3 Any and all prior ordinances, Agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they aze inconsistent with this Agreement, are hereby superseded. ARTICLE 28 - CITY MII.EAGE � • 28.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobffes in the performauce of their duties, the � following provisions aze adopted. 12 • �� ARTICLE 28 — CITI' MILEAGE (Continued) - - -- ---- - ____ — . ._. 28.2 Method of Computation: To be eligble for such reimbursement, all officers and employees must receive written authorization from the Department Head. Employees of this bargainiug unit shall receive the current IRS mileage reimbursement rate. 283 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 plans who are required to have their personal car available for City business. Such pazking will be provided only for the days the employee is required to have his or her own personal car available. ARTICLE 29 - SAFETY 29.1 Accident and injury free operations shall be the goal ofthe Employer and Employees. The Employer and employees will, to the best of their ability abide by, and live up to the requirements of the several State and Federal Construction Safety Codes and Regulations. 29.2 To this end the Employer shall from time to time issue rules or notices to his Employees regazding on the job safety requirements. Any Employee violating such rules or notices shall be subject to disciplinary aetion. No Employee may be discharged for refusing to work under unsafe conditions. • 29.3 Such safety equipment as required by governmental regulations shall be provided without cost to the Employee. At the Employer's option, the Empioyees may be required to sign for safety equipment and shall be obligated to retum same upon discharge, layoff, quit or other temiination in compazable condition as when issued, providing reasonable wear and tear. The Employer shall have the right to withhold the cost of such safety equipment if not rehuned. 29.4 The Employer agrees to pay $30.00 towazd the cost of a pair of safety shoes purchased by an employee who is a member of this unit. The Employer shall only contribute toward the cost ofone pair of shoes per contract year. This reimbursement of $30.00 shall be made only after investigation and approval by the immediate supervisor of the employee. This $30.00 Employer contribution shall appiy only to those employees who are required by the Employer to weaz protective shoes or boots. ARTICLE 30 - LEGAL SERVICES 30.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, or indifference to rights of others, the Employer shall defend, save hanniess and indemnify employee against tort clann or demand whether groundless or otherwise arising out of alleged acts or omission occurriug in the performance or scope of the Empioyee's duties. � 13 ARTICLE 30 — LEGAL SERVICES (Continued) 30.2 Notwithstanding the provisions of Section 30.1 the Employer shall not be required to defend or indemnify any employee against personal liability, or damages, costs or expense (a) resulting from a cIaim, suit, verdict, finding, determination or jud�ent that the employee has committed an intentional tort or torts, including but not lixnited to slander, hbel and/or other defamatory harms; or (b) arising out of cross claims, counterclaims, affumative defenses and/or separaYe actions brought against such employee in response to or resulting from cIaims, allegations, demands or actions (whether or not litigation was actually commenced) brought, made or instituted by such employee. 30.3 NotwitBstanding the provisions of section 30.1 or 30.2, the Employer may at its sole discretion defend an employee against allegations, claims, demands or actions wholly or in part based on or arismg out of claimed intentional torts, and 'm such cases, the employee consents to the extent lawfully permilted to such representation without regard to actual or potential conflicts of interest. � — - - - -_ - 30.4 Each employee, within twenty (20) days after receiving notice of (1) a tort claim or demand, action, suit or proceeding against him/her, (2) a judgment, verdict, finding or determivation, 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 Ciry by giving written norice thereof to the Office of the City Clerk. • ARTICLE 31- UNIFORM ALLOWANCE 31.1 Fire Sprinkler Inspectors and Plumbing Inspectors in the Fire Department who are required to wear a specified uniform shall receive a uniform allowance of $425.25 per calendaz year from the Fire Department. ARTICLE 32 - DURATION AND PLEDGE 32.1 Unless otherwise specifically stated elsewhere herein, this Agreement is effective the_ date of signing by the Employer and the Union and shall remain in effect through the 30th day of April, 2011, and continue in effect from yeaz to year thereafter unless notice to change or to terminate is given in the manner provided in Article 32.2. 32.2 If either party desires to terminate or modify this Agreement, effective as of the date of eacpiration, the pazry wishing to modify or terminate the Agreement shall give written notice to the other party, not more than ninety (90) or less thau sixty (60) calendar days prior to the ea�psation date, prbvided, tbat the Agreement may only be so terminated or modified effective as of the expiration date. 323 In consideration of the terms and conditions of employment established by this • Agreement and the recognition thai 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 ofthe Agreement; fC! • ARTICLE 32 — DURATION AND PLEDGE (Continued)_ �� / � � 32.3 (2) The Employer will not engage in, instigate, or condone any lock-out of employees. The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of empioyment. 32.3 (3) This constitutes a tentative Agreement between the parties wiuch will be recommended by the Director of Human Resources, but is subject to the approval ofthe Administration of the City, and is also subject to ratification by the Union � AGREED and attested to as the full and complete understanding of the parties for the period of tixne herein specified by the signature ofthe following representative for the Employer and the Union: WITNESSES: CITY OF SAINT PAUL UNITED ASSOCIATTON OF PLUMBERS LOCAL 34 " , ,��G� ��� Tracey Ble Stan Theis Labor Relations Specialist Business Manager 7 ' �"('� `t Date 7- `t� ��" Date SPRINKLER PITTERS LOCAL 417 � Dave b Business Manager • ��!/�/ - � // �i���i(7CA _ Date Date 15 i.awi ncauuvu� xvtauagci �/�� . ___.. - _ __.- � '. ______- _'_ "_ ��_-_ _-____ ._ � _ _"_- _ - - _. - _ - � - _ __ . � __ __ _ _ _ " . _ _ _ . .... _I'����� _"-__ _-_ --- The classes of positions recognized by the Employer as being exclusively represented by the Union aze as follows: Lead Plumber Plumber Senior Plumbing Inspeetor Plumbing Inspector Plumhing Inspector--Water Department Sprinkler Fitter Inspector and other classes of positions that may be established by the Employer where the duties and responsibilities assigned aze determined by the Bureau of Mediation Services to be appropriately represented by this bazgaining unit. • • A-1 • _ ' -_ .._ _ - -__ _.'__ _ _ ' � � �� � �� i 6' Folding rule � • i��� _ ' _ _ "_ `-______'__ � �._-' "'- _____ ' I� � --- ---- - --- - - - -- ___ _.- A�'PEl*if33IX � -- ��/��� 1, The basic hourly wage rate for temporary and emergency employees appointed to the follownag classes of positions shall be: Effective OS(O1f08 {or closest payroll period) $36.91 * $39.51 * $39.51 * $39.51 * $40.96* Plumber Lead Plumber Plumbing Inspector Piumbing Inspector -Water I3tility Senior Plumbing Inspector** * Tlus rate inciudes the $4.13 ta�cable vacation contribution. Apprentice Wage and Benefit Schedule � 1 st Year 2nd Year 3rd Year 4th Year Sth Yeaz Check 17.51 19.00 24.17 2638 28.96 Credit Union 2.Q5 3.88 3.88 3.88 3.88 Total Taxable 19.56 22.88 28.05 30.26 32.84 Health & Welfue 4.44 9.44 7.29 7.24 7.29 Retirees H& W 0 0 2.15 2.1 S 2.15 Journeyman & App Training Fund 032 0.32 0.32 0.32 0.32 National Training 0.10 0.10 0.10 0.10 0.10 Pension 0.49 1.38 1.38 4.37 4.37 Pension Supplement 0.51 0.87 1.59 0.42 0.88 Total Non-Taxable 10.86 12.11 12.83 14.65 15.11 Total Package 30.42 34.99 40.88 44.91 A7.95 �J The basic hourly rate for temporazy employees whose length of employment and earnings require that theybe subject to Public Employees I2etirement Association (PERA) contributions shall be the temporary rate divided by 1.065 effective January 1, 2008. This amount is subject to further increase or decrease by the State of Minnesota. C-1 APPENDIX C (Continued) 2. The basic hourly wage rate for pmvisional, regulaz and probationary empioyees appointed to the following classes of positions and who aze efigi�ble to participaYe in PERA shall be: Plumber Lead Plumber Plumbing Inspector Plumbing Inspector - Water Ufility Senior Plumbing Inspector** Effective OS/O1/08 (or closest payroll period) $ 34.66* $ 37.10* $ 37.10* $37.I0* $38.37* * This rate includes the $4.I3 taxable vacation contnbution. * Effeetive January 1, 1998, this rate includes a taxable vacation contnbution **The hourly rate of Senior Plumbing Inspector is $1.45 above the Phunbing Inspector rate. Effective May 1, 2009 (or closest payroll period), there will be an additional $2.40 per hour increase added to the total package. The parties will agree prior to that date regazd'mg the dislnbution between wages and fringes. This amount wi11 be decreased by any increase in the Industry Fund. Effective May 1, 2010 (or closest payroll period}, there will be an additional $2.60 per hour increase added to the total package. The parties will agree prior to that date regarding the distnbutioa between wages and fringes. This amount will be decreased by any increase in the Industry Fund. Ifthe Union elects to bave the contnbutions listed in Appendi�c b increased o� decreased, the Employer may adjust the above applicable rates for pazticipating employees in such a way that the total cost ofthe package (wage rate plus contnbutions) r�a;nc constant. In the event I.oca134 and any plumbing confractor affiliated or not affiIiated with Twin Cities Piping Industry Association and doing business in the seven county metropolitan area agree to a total connnercial package different from the above total cvminercial package such differences sfiall be immediately applicable to the total compensation paid to employees covered by tIvs Agreement. The State of Minnesota has changed the Public Employees Retirement Association (PBRA) contnbution rates for employers and employees. The current rate far applicable employees is 6.5%. Effective Jannary 1, 2009 PERA ntes wi11 increase to 6.75 % according to the State of Minnesota. This rate is subject to increase or decrease by the State of Minnesota �� � • C-2 o�,�$(�� • - -- ---- _ __ __ _ - -- - __ - __ _ _ — -----�����---- - -_ ___ —_ _ Unless specifically noted, the contnbution levels represent pr�tas amounts. Effective May 1, 2008 (or the closest pay period) for pazticipating employees working in a title listed under the heading, Group A, in Appendix A, the Employer shail: (1) contn�ute to a Union designated Credit Union $4.13 per hour, for which payroll deductions have been made, for all hours worked by participating employees, as defined in Articles 12.3, 12.4 and 12.5 of this Agreement. (2) contribute to a Health and Welfare Fund $7.29 per hour for all hours worked by participating employees, as defined above. (3) contnbute to a Retiree Health Trust $2.15 per hour for ail hours worked by participating employees, as defined above. (4) contribute to the Pension Funds $7.73 per hour for all hours worked by participating employees, as defined above. (5) contribute to the Joumeyman and Apprenticeship Training Fund $Q.32 per hour for all hours worked by participatuag employees, as defined above. • (6) contribute to the International Training Fund $0.10 per hour for all hours worked by participating employees, as defined above. The Employer will not make the above contributions for Holidays or vacation. All contributions made in accordance with this Append'uc D shall be forwarded to the Twin City Pipe Traders Senrice Association. The Employer shall establish Woxkers Compensation and LJnemployment Compensation programs as required by Minnesota Statutes. The Empioyer's fringe beneiit obligation to partici�at;ng employezs as defined in Articles 12.3 is lunited to the contributions andJor deductions established hy 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/or deductions. � D-1 � _ ��� � _ --- b��D 1 WORKING CONDITIONS FOR SEDIIOR PLUMBING INSPECI'ORS AND PLUMBING INSPECTORS As a result of the 1974 settlement, the Parties have established craft-detennined rates for Senior Plumbing Inspectors and for Plumbing Inspectors, with the specific understanding that such Agreement is restricted to established rates ofpay for such classifications. It is, wnsequently, agreed that the Employer in applying Article 3(EMPLOYER RIGH'I'S) of the Maintenance Labor Agreement, shall have the right to operate the Depamnent in the same manner as heretofore, with mauagement rights unaffected, and tt�at the establishment of sepazate rates for these classifications as well as for Inspector classifications in other Bargaining 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 perfozmed by other Inspector classifications. � • E-1 bg�gb� � ----- — - -__ - __ -- --- ____ _ ��� � —_ = - -- — 1. The basic houriy wage rate for temporary and employees appointed to the following classification shall be: Effective Effective **06/01/08 **01101l09 (orclosestpayperiod) (or closestpayperiod) Fire Sprinkler Inspector. $41.19" $4134 � * This rate includes the $0.50 tasable vacation contnbution. ** Or closest payroll date. 2. The basic hourly wage rate for provisional, regular and probationary employees appointed to the following classification shall be: Effective Effective **06/O1/08 **O1/O1/09 (or ciosest pay period) (or closest pay period) Fire Sprinkler Inspector: $38.68* $38.73* � * This rate includes the $0.50 taxable vacation contnbution. ** Or ciosest payroll date. Effective dune i, 2009 (or closest payroll period), there will be an additionai $2.20 per hour increase added to the totai package. The parties will agree prior to that date regarding the distn'bution between wages and fringes. This amount wil] be decreased by any increase in the Industry Fund. Effecrive January i, 2010 (or ciosest payroll period), there wiil be an additional $0.15 per hour increase added to the total package. The parties wili agree prior to that date regarding the dastribution between wages and fringes. This amount will be decreased by any increase in the Industry Fund. Effective 3une 1, 2010 (or closest payroll period}, there will be an additional $2.20 per hour inerease added to the total package. The parties will agree prior to that date regarding the distribution between wages and fi This amount will be decreased by any increase in the Industry Fund. Effective January 1, 2011 (or closest payroll period), there will be an additional $0.15 per hour increase added to the total package. The parties will agree prior to that date regarding the distribution between wages and fringes. This amount will be decreased by any increase in the Industry Fund. The State of Minnesota hss changed the Pubiic Employees Retirement Association (PERA) • contribution rates for employers and employees. The current rate for applicable employees is 6.5%. Effective January 1, 2004 (or closest pay period), PERA rates will increase to b.75 % according to State of Minnesota. This rate is subject to further increase or deerease by the State ofMinnesota. F-1 �� / VV � • ,� �7���s /� . _' _ . _ . __- _.__ � __'�_'__— i#f��i�LiISV'__ _ __ - ___ __ - _ Unless specifically noted, the contribution levels represent pr�tax amounts_ Effective June 1, 2008 (or closest payroll date), for employees working in the title of Fire Sprinkler Inspector, the Employer shall: (1) contnbute to a Health and Welfare Fund $7.25 per hour for all hours worked. (2) contribute to the Narional Pension Fund $3.20 per hour for all hours worked. Effecfive January 1, 2009 (or closest pay period), ttvs rate shall increase to $330 per hour for a11 hours worked. There shall be a conesponding decrease to the wage rate in appendiz F. Effecfive January 1, 2010 (or closest pay period), this rate shall increase to $3.40 per hour for all hours worked. There shall be a conesponding decrease to the wage rate in appendix F. (3) (4) (5) � (6} (7} contribute to the Supplemental Pension Fund $6.00 per hour for all hours worked. contn�bute to the Education Fund $.20 per hour for all hours worked. deduct and forwazd to the Vacarion Fund $.50 per hour for all hours worked. contribute to the L 417 Training Fund $0.14 per hour for all hours worked. contnbute to the International Training F�nd $0.10 per hour for all hours worked. All contributions and deductions made in accordance with th'ts Appendix G shall be forwarded to the Union along with a detail of the contributions and deductions. The Employer shall establish Worker's Compensation and Unemployment Compensation prograzns as required by Minnesota Statutes. The Employer's fringe benefit obligation is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwarded the contn�butions and/or deductions. • G-1